hayden town code

7/28/2019 Hayden Town Code

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HAYDENMUNICIPAL CODE

1994

A Codification of the General

Ordinances of the Town of

Hayden, Arizona


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PREFACE

The Hayden Municipal Code is a

codification of the general and permanentordinances of Hayden, Arizona. The

ordinances were compiled, edited and

indexed by the editorial staff of Book

Publishing Company under the direction of

Maria Gina Garcia, town clerk, and Anna C.

Ortiz, town attorney. This volume covers

ordinances through Ordinance 102, passed

September 18, 1995.

The code is organized by subject matter

under an expandable three-factor decimalnumbering system which is designed to

facilitate supplementation without

disturbing the numbering of existing

provisions. Each section number designates,

in sequence, the numbers of the title,

chapter, and section. Thus, Section 2.12.040

is Section .040, located in Chapter 2.12 of

Title 2. In most instances, sections are

numbered by tens (.010, .020, .030, etc.),

leaving nine vacant positions between

original sections to accommodate future

provisions. Similarly, chapters and titles are

numbered to provide for internal

expansion.

In parentheses following each section is a

legislative history identifying the specific

sources for the provisions of that section.

This legislative history is complemented by

a prior code cross-reference table, whichsets out the location of individual sections

of the prior code, and an ordinance

disposition table, following the text of the

code, listing by number all ordinances, their

subjects, and where they appear in the

codification.

A subject-matter index, with complete

cross-referencing, locates specific code

provisions by individual section numbers.

BOOK PUBLISHING COMPANY

201 Westlake Avenue North

Seattle, Washington 98109

(206) 343-5700

1-800-537-7881


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I. HOW TO USE YOUR CODE

This code is organized to make the laws of

the city as accessible as possible to city

officials, city employees and private

citizens. Please take a moment to familiarizeyourself with some of the important

elements of this code.

Numbering System. The numbering system

is the backbone of a code of ordinances;

Book Publishing Company uses a unique

and versatile numbering structure that

allows for easy expansion and amendment

of this code. It is based on three tiers,

beginning with title, then chapter, andending with section. Each part is

represented in the code section number. For

example, Section 2.04.010 is Section .010, in

Chapter 2.04 of Title 2.

Title. A title is a broad category

under which ordinances on a related

subject are compiled. This code

contains about 15 to 20 titles. For

example, the first title is Title 1,General Provisions, which may

contain ordinances about the general

penalty, code adoption and

definitions. The titles in this code are

separated by tabbed divider pages

for quick reference. Some titles are

Reserved for later use.

Chapter. Chapters deal with more

specific subjects, and are oftenderived from one ordinance. All of

the chapters on a related subject are

grouped in one title. The chapters

are numbered so that new chapters

which should logically be placed

near certain existing chapters can be

added at a later time without

renumbering existing material. For

example, Chapter 2.06, City

Manager, can be added between

2.04, City Council, and Chapter 2.08,

City Attorney.

Section. Each section of the code

contains substantive ordinance

material. The sections are numbered

by "tens" to allow for expansion of

the code without renumbering.

Tables of Contents. There are many tables

of contents in this code to assist in locating

specific information. At the beginning ofthe code is the main table of contents listing

each title. In addition, each title and chapter

V has its own table of contents listing the

chapters and sections, respectively.

Ordinance History Note. At the end of each

code section, you will find an "ordinance

history note," which lists the underlying

ordinances for that section. The ordinances

are listed by number, section (if applicable)and year. (Example: (Ord. 272 1, 1992).)

This note will be updated by Book

Publishing Company as each section is

amended, with the most recent amendment

added to the beginning. The notation

"(part)" is used when the code section

contains only part of the ordinance (or

section of the ordinance) specified; this

indicates that there are other areas of the

code affected by the same ordinance (orsection of the ordinance). If the code section

was derived from an earlier codification, the

last entry in the note indicates the old or

"prior code" section number.


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Statutory References. The statutory

references direct the code user to those

portions of the state statutes that are

applicable to the laws of the municipality.

As the statutes are revised, these references

will be updated by Book Publishing

Company. j

Cross-Reference Table. When a code is

based on an earlier codification, the cross-

reference table will help users find older or

"prior" code references in the new code. The

cross-reference table is located near the end

of the code, under the tabbed divider

"Tables." This table lists the prior code

section in the column labeled "Prior CodeSection" and the new code section in the

column labeled "Herein." This table will be

updated as prior code sections are

renumbered or repealed.

Ordinance List and Disposition Table. To

find a specific ordinance in the code, trim to

the section called "Tab1es" for the

Ordinance List and Disposition Table. This

very useful table tells you the status ofevery ordinance reviewed by Book

Publishing Company. The table is

organized by ordinance number and

provides if a brief description and the

disposition of the ordinance. If the

ordinance is codified, the chapter (or

chapters) will be indicated. (Example: (2.04,

6.12, 9.04).) If the ordinance is of a

temporary nature or deals with subjects not

normally codified, such as budgets, taxes,

annexations or rezones, the disposition will

be "(Special)." If the ordinance is for some

reason omitted from the code, usually at the

direction of the municipality, the

disposition will be "(Not codified)." When

an ordinance is repealed, the disposition

will be changed by Book Publishing

Company to "(Repealed by Ord.... )" with

the appropriate ordinance number. Other.

dispositions sometimes used are "(Tabled),"

"(Pending)," "(Number Not Used)" or

"(Missing)."

Index. If youre not certain where to look for

a particular subject in this code, start with

the index. This is an alphabetical multitier

subject index which uses section numbers

as the reference, and cross-references where

necessary. Look for the main heading of the

subject you need, then the appropriate

subheadings:

BUSINESS LICENSE

See also BUSINESS TAX

Fee 5.04.030

Required when 5.04.010

The index will be updated as necessary

when the code text is amended.

Insertion Guide. Each supplement to the

new code will be accompanied by an

Insertion Guide. This guide will tell the

code user the date of the most recent

supplement and the last ordinance

contained in that supplement. It will then

list the pages that must be pulled from the

code and the new pages that must be

inserted. Following these instructions

carefully will assure that the code is keptaccurate and current.

Page Numbers. When originally published,

this code was numbered with consecutive

page numbers. As it is amended, new

material may require the insertion of new

pages that are numbered with hyphens.


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II. PROCEDURE FOR DRAFTING

ORDINANCES

This code has been codified using a logical,

expandable numbering system to allow for

additions, repeals or amendments. Whendrafting ordinances, it is important to

designate, within the ordinance, what

specific portions of the code are affected.

The ordinance(s) underlying the section

being changed can be determined from the

ordinance history notc in parentheses at the

end of each section.

Effect of Title.

The title of an ordinance and any

introductory language appearing before the

ordaining clause has no legal effect. The title

may state that the ordinance repeals (or

amends or adds) certain provisions, but in

order for these changes to be effective, the

intended repeal, amendment or addition

must be set out following the ordaining

clause.

Procedure When Amending Existing Code

Material.

Amend the code section specifically. The

underlying ordinance section may also be

included.

Examples: 3.04.020 of the Municipal Code

is amended to read as follows:

3 of Ord. 319 and 3.04.020 of the

Municipal Code are amended to read as

follows:

If only a portion of a section is being

amended, designate the specific portion:

Example: 3.04.050(A)(2) of the Municipal

Code is amended to read as follows:

Procedure When Repealing Existing Code

Material.

When repealing material, designate the

specific portion of the code to be repealed.

Include the underlying ordinance section if

you wish; however, we consider both code

section and underlying ordinance to be V

repealed whether you mention the

underlying ordinance or not.

Examples: 3.04.020 of the Municipal Code

is repealed.

3 of Ord. 319 and 3.04.020 of the

Municipal Code are repealed.

Subsection B of 3.04.030 of the Municipal

Code is repealed.

Procedure When Adding New Material to

Code.

When new provisions are to be added to the

code, you should determine where the

material would best fit within the subject

matter of the existing section, chapter or

title. If there is no existing section, chapter

or title, you should assign a new section,

chapter or title number. Our expandable

decimal numbering system is designed to

allow for the incorporation of new material

without disturbing the numbering system

of existing material.

The following language is sufficient to

locate new material in the code:

Subsection D is added to 5.10.040 of the

Municipal Code, to read as follows:


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5.10.033 is added to the Municipal Code,

to read as follows:

Chapter 12.07 is added to the Municipal

Code, to read as follows:

If you have any questions as to the proper

placement of a new provision, please

contact us.

Two copies of all ordinances passed should

be forwarded to Book Publishing Company,

201 Westlake

Avenue North, Seattle, Washington 98109.

Our editorial staff is always willing toprovide assistance should there be any

difficulty in amending the code.

Please call our Customer Relations

Department at 1-800-537-7881.


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Title 1

GENERAL PROVISIONS

Chapters:

1.01 Code Adoption

1.04 General Provisions

1.08 General Election

1.12 General Penalty


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Chapter 1.01

CODE ADOPTION

(Reserved)

Chapter 1.04

GENERAL PROVISIONS

Sections:

1.04.010 Definitions.

1.04.020 Interpretation of language-

1.04.030 Grammatical interpretation.

1.04.040 Acts by agents.

1.04.050 Prohibited acts include causing

and permitting.

1.04.060 Computation of time.

1.04.070 Construction.

1.04.080 Repeal shall not revive any

ordinances.

1.04.090 Severability.

1.04.010 Definitions.

The following words and phrases,

whenever used in the ordinances of the

town of Hayden, shall be construed as

defined in this section unless from the

context a different meaning is intended or

unless a different meaning is specifically

defined and more particularly directed to

the use of such words or phrases:

"Counci1" means the town council of the

town of Hayden. "All its members" or "al1council members" means the total number

of council members holding office.

"County" means the county of Gila. "Law"

denotes applicable federal law, the

Constitution and statutes of the state of


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acquired a peculiar and appropriate

meaning in the law shall be construed and

understood according to such peculiar and

appropriate meaning. (Ord. 100 2, 1995)

1.04.030 Grammatical interpretation.

The following grammatical rules shall apply

in the ordinances of the town unless it is

apparent from the context that a different

construction is intended:

A. Gender. Each gender includes the

masculine, feminine and neuter genders.

B. Singular and Plural. The singular

number includes the plural and the plural

includes the singular.

C. Tenses. Words used in the present tense

include the past and the future tenses and

vice versa, unless manifestly inapplicable.

(Ord. 100 3, 1995)

1.04.040 Acts by agents.

When an act is required by an ordinance,

the same being such that it may be done as `

well by an agent as by the principal, such

requirement shall be construed to include

all such acts performed by an authorized

agent. :

(Ord. 100 4, 1995)

1.04.050 Prohibited acts include causing

and permitting.

Whenever in the ordinances of the town any

act or omission is made unlawful, it shall

include causing, allowing, permitting,

aiding, abetting, suffering or concealing the

fact of such act or omission. (Ord. 100 5,

1995)

1.04.060 Computation of time.

Except when otherwise provided, the time

within 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 Sunday or a holiday, in which

case it shall also be excluded. (Ord. 100 6,

1995)

1.04.070 Construction.

The provisions of the ordinances of the

town and all proceedings under them are to

be construed with a view to effect their

objectives and to promote justice. (Ord. 100

7, 1995)

1.04.080 Repeal shall not revive any

ordinances.

The repeal of an ordinance shall not repeal

the repealing clause of an ordinance or

revive any ordinance which has been

repealed thereby. (Ord. 100 8, 1995)

1.04.090 Severability.

It is 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


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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)


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Chapter 1.08

GENERAL ELECTION

Sections:

1.08.010 Date.

1.08.010 Date.

The general election of the town shall be

held on the third Tuesday of May every

second year as provided in state law. The

primary election shall be held not less than

thirty (30) days prior to the general election.

(Prior code 2-3-5)

Chapter 1.12

GENERAL PENALTY

Sections:

1.12.010 ViolationPenalty.

1.12.010 Violation-Penalty.

A. Any person violating any of the

provisions or failing to comply with any of

the mandatory requirements of the

ordinances of the town shall be guilty of a

misdemeanor.

B. Except in cases where a different

punishment is prescribed by any ordinance

of the town, any person convicted of a

misdemeanor for violation of an ordinance

of the town is punishable by a fine of not

more than two thousand five hundred

dollars ($2,500.00), or by imprisonment not

to exceed six months, or by both such fine

and imprisonment.

C. Each such person shall be guilty of a

separate offense for each and every dayduring any portion of which any violation

of any provision of the ordinances of the

town is committed, continued or permitted

by any such person, and he shall be

punishable accordingly. (Ord. 101 1, 1995)


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Title 2

ADMINISTRATION AND PERSONNEL

Chapters:

2.04 Council

2.08 Mayor

2.12 Ordinances and Resolutions

2.16 Town Officers Generally

2.20 Town Manager

2.24 Town Clerk

A 2.28 Town Engineer

2.32 Town Attorney

2.36 Police Department

2.40 Fire Department

2.44 Public Works Department

2.48 Magistrates Court

2.52 Library Board of Trustees

2.56 Traffic Violations Bureau

2.60 Disposition of Town Property

2.64 Personnel System


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Chapter 2.04

COUNCIL

Sections:

Article I. General

2.04.010 Elected Officers.

2.04.020 Corporate powers.

2.04.030 Duties of office.

2.04.040 Vacancies in council.

2.04.050 Compensation.

2.04.060 Oath of oflice.

2.04.070 Bond.

2.04.080 Financial disclosure statements.

Article II. Elections

2.04.090 Primary election.

2.04.100 Nonpolitical ballot.

2.04.110 General election nomination.

2.04.120 Election to office.

2.04.130 Candidate financial disclosure.

Article III. Procedure

2.04.140 Regular meetings.

2.04.150 Special meetings.

2.04.160 Meetings to be public.

2.04.170 Quorum.

2.04.180 Agenda.

2.04.190 Order of business.

2.04.200 Committees and commissions.

2.04.210 Voting.

2.04.220 Suspension of rules.

Article I. General

2.04.010 Elected officers.

The council shall consist of seven members

to serve for staggered terms of four years,

and before entering upon the duties of their

office, they shall take and subscribe to theoath of office. The council shall be divided

into two classes. The first class shall consist

of three councilmen and the second class

shall consist of four councilmen. The terms

of office of each class shall be for a period of

four years with the first class councilmen

having their terms expire in 1973 and the

second class councilmen terms expiring in

1975. Thereafter, each class of councilmen

shall be up for election every four years.The second class of councilmen is

designated as those councilmens seats held

by the four persons receiving the highest

number of votes in the regular election of

1971. The first class shall consist of the other

three councilmen. (Prior code 2-1-1)

2.04.020 Corporate powers.

The corporate powers of the town shall bevested in the council and shall be exercised

only as directed or authorized by law. All

powers of the council shall be exercised by

ordinance, resolution, order or motion.

(Prior code 2-1-2)


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2.04.030 Duties of office.

Councilmen shall assume the duties of

office at the regularly scheduled council

meeting next following the date of the

general election at which, or effective as ofthe date of which, the councilmen were

elected. (Prior code 2-1-3)

2.04.040 Vacancies in council.

A. The office of mayor or councilman shall

be deemed vacant from and after the

occurrence of any of the following events

before the expiration of a term of office:

1. Death;

2. Insanity, when judicially determined;

3. Resignation and the lawful acceptance

thereof;

4. Removal from office;

5. Ceasing to be a resident of the town of

Hayden;

6. Absence from the town for a period of

three consecutive months;

7. Ceasing to discharge the duties of office

for a period of three consecutive months;

8. Conviction of a felony or an offense

involving a violation of his official duties;

9. Failure of a mayor or councilman, elected

or appointed, to file the official oath or

bond;

10. Decision of a competent tribunal

declaring his election or appointment void.

B. The council shall fill by appointment for

the unexpired term any vacancy that may

occur for whatever reason. (Prior code 2-1-

4)


The compensation of elective officers of the

town shall be fixed from time to time by

resolution of the council; provided, that the

compensation allowed to the mayor and

councilmen shall not exceed that allowed by

state statutes. (Prior code 2-1-5)

2.04.060 Oath of office.

Immediately prior to assumption of the

duties of office, each councilman shall, in

public, take and subscribe to the oath of

office. (Prior code 2-1-6)

2.04.070 Bond.

Prior to taking office, every council member

shall execute and file an official bond,

enforceable against the principal and his

sureties, conditioned on the due and

faithful performance of his official duties,

payable to the state and to and for the use

and benefit of the town or any person who

may be injured or aggrieved by the

wrongful act or default of such officer in hisofficial capacity. A person so injured or

aggrieved may bring suit on such bond

under provisions identical to those

contained in Section 38-260 of the Arizona

Revised Statutes. Bonds shall be in such

sum as shall be provided by resolution and


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the premium for such bonds shall be paid

by the town. (Prior code 2-1-7)

2.04.080 Financial disclosure statements.

The mayor and each member of the council

shall file by January 31 of each year, on a

form prescribed by the clerk, a financial

disclosure statement, setting forth such

information as determined by resolution of

the council. (Prior code 2-1-8)

Article H. Elections

2.04.090 Primary election.

Any candidate who shall receive at the

primary election a majority of all the votes

cast shall be declared to be elected to the

office for which he is a candidate effective

as of the date of the general election, and no

further election shall be held as to said

candidate. (Prior code 2-3-1)

2.04.100 Nonpolitical ballot.

Nothing on the ballot in any election shall

be indicative of the support of the

candidate. (Prior code 2-3-2)

2.04.110 General election nomination.

If at any primary election held as above

provided there be any office or offices for

which no candidate is elected, then as to

such office or offices, said election shall be

considered to be a primary election for

nomination of candidates for such office or

offices, and the second or general municipal

election shall be held to vote for candidates

to fill such office or offices. Candidates to be

placed on the ballot at such second or

general municipal election shall be those

not elected at such first election, shall be

equal in number to twice the number to be

elected to any given office or less than that

number if there be less than that number

named on the primary election ballot, and

persons who receive the highest number of

votes for the respective offices at such first

election shall be the only candidates at such

second election, provided that if there be

any person who, under the provisions ofthis article, would have been entitled to

become a candidate for any office except for

the fact that some other candidate received

an equal number of votes therefore, then all

such persons receiving an equal number of

votes shall likewise become candidates for

such offices. (Prior code 2-3-3)

2.04.120 Election to office.

The candidates equal in number to the

persons to be elected who receive the

highest number of votes shall be declared

elected. (Prior code 2-3-4)

2.04.130 Candidate financial disclosure.

Each candidate for the office of mayor orcouncilman shall file a financial disclosure

statement on a form prescribed by the clerk

when such candidate files a nomination

paper. The statement shall contain

information as required by resolution of the

council. (Prior code 2-3-6)


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Article III. Procedure.

2.04.140 Regular meetings.

The council shall hold regular meetings onthe third Monday of each month at seven

p.m., provided that when the day fixed for

any regular meeting of the council falls

upon a day designated by law as a legal

holiday, such meeting shall be held at the

same hour on the next succeeding day not a

holiday. All regular meetings of the council

shall be held in the Town Hall of Hayden.

(Prior code 2-4-1)

2.04.150 Special meetings.

Special meetings may be called at any time

by the mayor upon notice being given

personally or by letter at least twenty-four

(24) hours in advance of the meeting to each

member of the council. The general public

shall be notified of such meeting by theposting of a notice at least twenty-four (24)

hours before the meeting. The notice shall

include the date, hour and purpose of such

special meeting. In the case of an actual

emergency a meeting may be held upon

such notice as is appropriate to the

circumstances. (Prior code 2-4-2)

2.04.160 Meetings to be public.

A. All official meetings of the council at

which any legal action is taken shall be

open to the public. Notice of meetings shall

be given in a manner consistent with state

statutes. Upon approval by a majority vote

of the council, the council may meet in a

closed executive session for a discussion of

the following:

l. Consideration of employment,

assignment, appointment, promotion,demotion, salaries, disciplining or

resignation of a public officer, appointee or

employee of the town, except that with the

exception of salary discussions, an officer,

appointee or employee may demand that

such discussion or consideration occur at a

public meeting;

2. Consideration of records exempt by law

from public inspection;

3. Consultation for advice with the town

attorney;

4. Consultations with representatives of

employee organizations regarding the

salaries, salary schedules or compensation

paid in the form of fringe benefits of

employees in order to review its position

and instruct its designated representatives.

B. Minutes of executive sessions shall be

kept confidential except from the members

of the council.

C. No executive session may be held for the

purpose of taking any formal action or

making any final decision. (Prior code 2-

4-3)

2.04.170 Quorum.

A majority of the councilmen shall

constitute a quorum for transacting

business but a lesser number may adjourn

from time to time and compel the


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attendance of absent members. (Prior code

2-4-4)

2.04.180 Agenda.

Prior to each council meeting, or on or

before a time fixed by the council for

preparation and distribution of an agenda,

whichever is earlier, the manager shall

collect all written reports, communications,

ordinances, resolutions, contracts and other

documents to be submitted to the council,

and prepare an agenda according to the

order of business and shall furnish each

council member, the mayor and the

attorney with a copy. (Prior code 2-4-5)

2.04.190 Order of business.

The business of the council shall be taken

up for consideration and disposition in the

following order:

A. Call to Order. The mayor shall take the

chair precisely at the hour appointed for the

meeting and shall immediately call the

council to order. In the absence of the

mayor, the vice mayor shall call the council

to order. In the absence of both the mayor

and vice mayor, the clerk shall call the

council to order and an acting mayor shall

be selected to chair the meeting. Upon the

arrival of the mayor or the vice mayor, the

vice mayor or the acting mayor shall

immediately relinquish the chair upon the

conclusion of the business immediately

before the council. The mayor shall

preserve order and decorum, decide all

questions of order and conduct the

proceedings of the meetings in accordance

with the parliamentary rules contained in

Roberts Rules of Order.

B. Roll Call. Before proceeding with the

business of the council, the clerk or hisdeputy shall call the roll of the members,

and the names of those present shall be

entered in the minutes. If a quorum is not

present, the members present may adjourn

pursuant to Section 2.04.170 of this article.

C. Minutes. The clerk or his deputy shall

present the minutes of the preceding

council meeting, which shall be approved if

correct. Any errors noted shall be corrected.

D. Petitions. Petitions, remonstrances,

communications, and comments or

suggestions from citizens present, shall be

heard by the council. All such remarks

shall be addressed to the council as a whole,

and not to any member thereof. Such

remarks shall be limited to ten minutes,

unless additional time is granted by the

council. No person other than theindividual speaking shall enter into the

discussion without the permission of the

presiding officer. No question shall be

asked a councilman except through the

presiding officer.

E. Reports by Officers. Town officials and

committees shall present any reports

required by the council.

F. Unfinished Business. The council shall

consider any business that has been

previously considered and which is still

unfinished.

G. New Business. The council shall

consider any business not heretofore


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considered, including the introduction of

ordinances and resolutions.

H. Claims. The clerk shall present any

claims against the town, which will then be

approved or disapproved by the council.

I. Miscellaneous Business. Prior to

adjournment, the council shall, as it deems

necessary, consider such business as is not

specifically provided for herein.

J. Adjournment. The council may, by a

majority vote of those present, adjourn from

time to time to a specific date and hour. A

motion to adjourn shall always be in order

and decided without debate. (Prior code

2-4-6)

2.04.200 Committees and commissions.

The council may create such a committees

and commissions, standing or special, as it

deems necessary. They shall consist of as

many members and shall perform suchduties as the council may require and shall

exist at the pleasure of the council. (Prior

code 2-4-7)

2.04.210 Voting.

A. The mayor shall vote as a member of the

council.

B. Upon the request of any member, the

ayes and nays upon any question shall be

taken and entered in the minutes. (Prior

code 2-4-8)

2.04.220 Suspension of rules.

Any of the provisions of this article may be

temporarily suspended in connection with

any matter under consideration by a

recorded vote of three fourths of the

members present, except that this section

shall not be construed to permit any action

that is contrary to state statutes. (Prior code

2-4-9)


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town so designated by the mayor, a

curfew shall be in effect the hours of

each day designated in the

proclamation, and all persons living

or residing within any such

designated area shall go

immediately to their homes, and

remain there until the curfew is

lifted by order of the mayor, and all

other persons not residing within

the designated area shall

immediately leave.

2. During the imposition of any

curfew as set forth in this section, all

business establishments in thedesignated curfew area, having on

their premises intoxicating

beverages, shall be closed during the

state of emergency and until the

curfew is lifted.

G. He shall have the power to

require any officer of the town to

exhibit his accounts or other papers

and to make reports to the council inwriting on any subject or matter

pertaining to the office.

H. He shall perform such other d

duties required by state statute and

his code as well as those duties

required as chief executive officer of

the town. (Prior code 2-2-4)

2.08.050 Absence of mayor.

The mayor shall not absent himself from the

town for a greater period than fifteen (15)

days without the consent of the council

except in the case of an emergency. (Prior

code 2-2-5)

2.08.060 Failure to sign documents.

If the mayor refuses or fails to sign any

ordinance, resolution, contract, warrant,

demand, or other document or instrument

requiring his signature for five days

consecutively, then a majority of the

members of the council may, at any regular

or special meeting, authorize the vice

mayor, or in his absence, an acting mayor to

sign such ordinance, resolution, contract,

warrant, demand, or other document or

instrument which when so signed shall

have the same force and effect as if signed

by the mayor. (Prior code 2-2-6)

Chapter 2.12

ORDINANCES AND RESOLUTIONS

Sections:

2.12.010 Prior approval.

2.12.020 Introduction.

2.12.030 Requirements for an ordinance.

2.12.040 Effective date.

2.12.050 Signatures required.

2.12.060 Publishing required.

2.12.070 Posting required.

2.12.010 Prior approval.

Whenever possible all ordinances,

resolutions and contract documents shall,


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before presentation to the council, have

been reviewed as to form by the attorney,

and shall when there are substantive

matters of administration involved be

referred to the person who is charged with

the administration of the matters. Such

person shall have an opportunity to present

his objections, if any, prior to the passage of

the ordinance, resolution or acceptance of

the contract. (Prior code 2-5-1)

2.12.020 Introduction.

Ordinances, resolutions and other matters

or subjects requiring action by the council

shall be introduced and sponsored by a

member of the council, except that the

attorney or the manager may present

ordinances, resolutions and other matters or

subjects to the council, and any councilman

may assume sponsorship thereof by moving

that such ordinance, resolution, matter or

subject be adopted; otherwise they shall not

be considered. (Prior code 2-5-2)

2.12.030 Requirements for an ordinance.

Each ordinance should have but one

subject, the nature of which is clearly

expressed in the title. Whenever possible,

each ordinance shall be introduced as an

amendment to this code or to an existing

ordinance, and in such case, the title of thesections to be amended shall be included in

the ordinance. (Prior code 2-5-3)

2.12.040 Effective date.

No ordinance, resolution or franchise shall

become operative until thirty (30) days after

its passage by the council and approval by

the mayor, except measures necessary forthe immediate preservation of the peace,

health or safety of the town, but such an

emergency measure shall not become

immediately operative unless it states in a

separate section the reason why it is

necessary that it should become

immediately operative, and unless it is

approved by the affirmative vote of three

fourths of all the members elected to the

council, taken by ayes and nays. (Prior code 2-5-4)

2.12.050 Signatures required.

Every ordinance passed by the council shall,

before it becomes effective, be signed by the

mayor and attested by the clerk. (Prior code

2-5-5)

2.12.060 Publishing required.

Only such orders, resolutions, motions,

regulations or proceedings of the council

shall be published as may be required by

state statutes or expressly ordered by the


2.12.070 Posting required.

Every ordinance and resolution imposing

any penalty, fine, forfeiture or other

punishment shall, after passage, be posted

by the clerk in three or more public places


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within the town and an affidavit of the

person who posted the ordinances or

resolutions shall be filed in the office of the

clerk as proof of posting. (Prior code 2-5-7)


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Chapter 2.16

TOWN OFFICERS GENERALLY

Sections:

2.16.010 Officers.

2.16.020 Additional officers.

2.16.030 Bond.

2.16.040 VacanciesHolding more than

one office.

2.16.050 Additional powers and duties.

2.16.010 Officers.

There are created the offices of town

manager, town clerk, town marshal, town

engineer, town attorney and town

magistrate. The town attorney, town

manager, town clerk, town marshal and

town engineer shall be appointed by the

council and shall serve at the pleasure of the

council. The chief of police shall be

recommended by the manager and shall be

appointed by the council to serve at its

pleasure and under the direction of the

manager. All other officers shall be

appointed by the manager and serve under

the direction of the manager. (Ord. 102 2

(part), 1995; prior code 3-1-l)

2.16.020 Additional officers.

The council may appoint and remove from

time to time such other officers as it may

deem necessary and that are not provided

for in this code or state statute. (Prior code

3-1-3)

2.16.030 Bond.

The council shall require each officer of the

town except the town attorney to give bond

for the due discharge of his duties in such

sums and with such security as it maydirect and approve as determined by

resolution and the town shall pay the costs

of such bond. (Prior code 3-l-4)

2.16.040 Vacancies-Holding more than one

office.

Any vacancy that shall occur in any town

office shall be filled by appointment by thecouncil; provided that one person may hold

more than one office and that at the

discretion of the council, the functions of a

town official may be validly performed and

discharged by a deputy or another town

official, or an otherwise qualified individual

not holding office but employed at the

pleasure of the council. (Prior code 3-1-5)

2.16.050 Additional powers and duties.

In addition to any powers and duties

prescribed in this code, each officer shall

have such further powers, perform such

further duties, and hold such other office as

may be provided by the council through

ordinance, resolution or order. (Prior code

3-1-6)


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Chapter 2.20

TOWN MANAGER

Sections:

2.20.010 Appointment.

2.20.020 Removal.

2.20.030 Duties.

2.20.040 Restrictions.

2.20.050 Public relations.

2.20.060 Bond.


2.20.080 Council to act through manager.

2.20.010 Appointment.

The manager shall be appointed by a

majority vote of the council for an indefinite

term. The manager shall be chosen by the

council on the basis of his executive andadministrative qualifications and his

knowledge of accepted practice in respect to

the duties of his office as hereafter set forth.

At the time of his appointment he need not

be a resident of the town or of the state, but

during his tenure of office, he shall reside in

the town. (Prior code 3-2-1(A))

2.20.020 Removal.

The manager may be removed by the

council by a majority vote of its members.

(Prior code 3-2-l(B))

2.20.030 Duties.

The manager shall be the executive officer

and head of the administrative branch of

the town. He shall be responsible to the

council for proper administration of allaffairs of the town. He shall have the power

and shall be required to:

A. Execute, on behalf of the council, general

administrative supervision and control of

the affairs of the town;

B. Attend meetings of the council with the

duty of reporting on or discussing any

matter concerning the affairs of the

departments, boards, services or activities

under his supervision, upon which, in his

judgment, the council should be informed;

C. Appoint, and when necessary, suspend

or remove all appointive officers and

employees of the town except when officers

subject to appointment and removal by the

town council;

D. Coordinate the administrative functionsand operations of the various departments,

boards, divisions and services of the town

government, and on its behalf carry out

policies, rules, regulations and ordinances

adopted by it, relating to the administration

of the affairs of such departments, boards,

divisions or services;

E. Cause to be prepared and submitted to

him by each department, board, division orservice of the town government, itemized

annual estimates of expenditures required

by them for capital outlay, salaries, wages

and miscellaneous operating costs; to

tabulate the same into a preliminary

consolidated municipal budget and submit


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the same to the council annually on the date

specified by them, with his

recommendations as to any increases,

decreases, cancellations, transfers or

changes in any of the items included in said

preliminary budget;

F. Supervise the expenditures of all

departments, divisions or services of the

town government and to act as purchasing

agent for the purchase of all supplies,

goods, wares, merchandise, equipment and

material which may be required for any of

such departments, divisions or services

after first obtaining approval of the council

for purchases in excess of five hundreddollars ($500.00);

G. Analyze and supervise the functions,

duties and activities of the various

departments, boards and services of the

town government and of all employees

thereof, and to make such

recommendations to the council with

reference thereto, as in his judgment will

result, if made effective, in the highestdegree of efficiency in the overall operation

of the town government;

H. Develop and organize necessary

improvement projects and programs and to

aid and assist the council and the various

departments and boards in carrying the

same through to a successful conclusion;

I. Serve as public relations officer of thetown government, and follow through and

endeavor to adjust all complaints against

any employee, department or service

thereof to the end that every effort may be

made to satisfy all citizens that their town

government is being operated in their

behalf with the highest degree of efficiency;

J. Cooperate with all community

organizations whose aims and purposes it is

to advance the spiritual and materialinterests of the town and its residents and to

provide them with all reasonable assistance

obtainable through the town government

within the limitations of law;

K. Make and keep an up-to-date inventory

of all personal property owned by the town

and recommend to the council the purchase

of new machinery, equipment and supplies

whenever, in his judgment, the same can beobtained at the best advantage;

L. Make or cause to be made studies and

surveys of the duties, responsibilities and

work of the personnel in the various

departments and services of the town

government. Recommend to the council

abolition or consolidation of positions or

transfers or removals of personnel,

whenever in his judgment, such actionwould increase efficiency in the

administration of the town government;

M. See that all laws and ordinances of the

town are duly enforced;

N. Devote his entire time to the discharge

of his official duties;

O. Perform such other duties as may be

required of him by the council, notinconsistent with the laws of the state, or

the provisions of this code. (Ord. 102 2

(part), 1995; prior code 3-2-l(C))


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2.20.040 Restrictions.

The manager shall not exercise any policy-

making or legislative functions whatsoever,

nor attempt to commit or bind the council

or any member thereof to any action, planor chapter to grant any authority to, or

impose any duty upon the manager, which

is vested in or imposed by general law or

provisions of this code in any other town

commission, board, officer or employee

except as herein specifically set forth. (Prior

code 3-2-l(D))

2.20.050 Public relations.

In the discharge of his duties, the manager

shall endeavor at all times to exercise the

highest degree of tact, patience and courtesy

in his contacts with the public and with all

town boards, departments and employees.

He shall use his best efforts to establish and

maintain a harmonious relationship among

all personnel employed in the government

of the town to the end that the highest

possible standards of public service shall be

continuously maintained. (Prior code 3-2-

1(E))

2.20.060 Bond.

The manager shall furnish a surety bond to

be approved by the council in the sum of

not less than five thousand dollars

($5,000.00), said bond to be conditioned on

the faithful performance of his duties. The

surety bond shall be paid for by the town.

(Prior code 3-2-l(F))


The manager shall receive such

compensation as the council shall fix from

time to time by motion noted in its minutes.

(Prior code 3-2-l(G))

2.20.080 Council to act through manager.

Except for the purpose of inquiry, the

council and its members shall deal with the

administrative branch solely through the

manager and neither the council nor any

member thereof shall give orders to any

subordinates of the manager either publiclyor privately, nor shall they discuss labor

problems without the manager being

present. (Prior code 3-2-l(H))

Chapter 2.24

TOWN CLERK

Sections:

2.24.010 Duties.

2.24.010 Duties.

A. Records. The clerk shall keep a true and

correct record of all business transacted by

the council and any other records that either

pertain to the business of the town or that

the council directs. The clerk shall number,

plainly label, and file separately in a

suitable cabinet all resolutions, notices,

deeds, surveys, leases, paid and unpaid

vouchers, inventories, letters, orders and

other documents of whatever nature.


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B. Public Inspection of Records. The clerk

shall keep convenient for public inspection

all public records and public documents

under his control, as provided by state

statute. The clerk shall furnish certified

copies of records to any member of the

council upon request and may furnish

copies to any other person upon payment of

a fee, the amount of which shall be

determined by the council.

C. Minutes. The clerk shall prepare or cause

to be prepared all minutes of council

proceedings and ensure their correctness

and accuracy.

D. Ordinances, Resolutions, Budgets and

Notices. The clerk shall process, record, file,

publish, and if required by state statute,

post all ordinances, resolutions, budgets

and notices that may be passed by the

council.

E. Duties as Treasurer. The clerk shall hold

the office of town treasurer and receive and

safely keep all moneys that shall come tothe town and pay out the same when

authorized by the council. He shall keep a

separate record and account of each

different fund provided by the council,

apportion the moneys received among the

different funds as prescribed by the council,

and keep a complete set of books showing:

every money transaction of the town, the

state of each fund, from what source the

money in each fund was derived and forwhat purpose expended, and he shall make

monthly reports to the council of all receipts

and disbursements and the balance in each

fund. At the end of the fiscal year he shall

make a full and detailed statement of the

receipts and expenditures of the town

during the year, specifying the different

sources of revenues and the amount

received from each, all appropriations made

by the mayor and council, and the object for

which they were made, and the amount of

money expended under each, the evidences

of indebtedness issued, and what portion

remains thereof outstanding, with the rate

and amount of interest due thereon, and the

amount of cash on hand.

F. Election Official. The clerk shall be the

town election official and perform those

duties required by state statute.

G. Licenses. The clerk shall issue or causeto be issued all licenses that may be

prescribed by state statute or this code

unless otherwise specified by this code. The

clerk shall keep a record of all licenses

issued.

H. Notify of Term Expirations. The clerk

shall notify the appointing authority of the

impending expiration of the term of office

of a member of any board or commission atleast thirty (30) days before the expiration of

the term.

I. Administrative Duties. The clerk shall

perform those administrative

responsibilities and duties that are

conferred upon him by the council in

addition to those specified in this code.

J. The clerk shall countersign all warrants

and keep a warrant register and abstract of

expenditures. (Prior code 3-2-2)


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Chapter 2.28

TOWN ENGINEER

Sections:

2.28.010 Powers and duties.


A. The engineer shall have charge of the

town streets, sewers and waterworks and

shall perform such duties as may be

required of him by law and such other

duties as the council or manager may deem

necessary.

B. The council may, at its discretion, assign

the duties of the office of town engineer to

the town manager.

C. The town manager may at his discretion

use a consulting engineer on specific

projects after notification and explanation to

the council. (Prior code 3-2-4)

Chapter 2.32

TOWN ATTORNEY

Sections:

2.32.010 Duties.

2.32.010 Duties.

The attorney shall act as the legal counselor

and advisor of the council and other town

officials, and as such shall give his opinion

in writing when requested. He shall draft

all deeds, contracts, conveyances,

ordinances, resolutions, and other legal

instruments when required by the council.

He shall approve as to form, in writing, all

drafts of contracts and all official or other

bonds before final approval or acceptance

thereof by the council. He shall return,

within ten days, all ordinances and

resolutions submitted to him for

consideration by the council, with his

approval or disapproval as to form noted

thereon, together with his reasons therefore.

He shall prosecute and defend all suits,

actions or causes where the town is a party,

and shall report to the council, when

required, the condition of any suit or actionto which the town is a party. The attorney

shall receive such compensation as shall be

set forth from time to time by the council.

(Prior code 3-2-5)

Chapter 2.36

POLICE DEPARTMENT

Sections:

2.36.010 CreatedComposition.

2.36.020 Departmental rules and

regulations.

2.36.030 Police chiefDuties.

2.36.040 Police department-Duties.

2.36.050 Answering calls outside the town.

2.36.060 Compensation of officers.

2.36.070 Compensation of police reserves.

2.36.010 CreatedComposition.


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There is created a police department for the

town which shall consist of a chief of police

who shall also serve as town marshal, and

as many policemen as may from time to

time be deemed necessary by the council for

the safety and good order of the town. The

police chief may, with the approval of the

town manager, establish a police reserve not

to exceed the number of men in the police

department. (Prior code 4-1-1)


regulations.

The police department shall be operated

and managed in accordance with suchdepartmental rules and regulations as may

from time to time be adopted by the


2.36.030 Police chiefDuties.

The following duties shall be performed by

the police chief:

A. He shall supervise all the officers and

members of his department.

B. He may, with the approval of the

manager, appoint such special police as

may be required from time .to time;

however, such appointments may not be for

a period longer than ten days and special

police shall not be reappointed following

the specified ten days without the consent

of the manager.

C. He may recommend to the manager an

individual for employment, discharge or

disciplinary action. A recommendation of

an employee of the police department by

the police chief for discharge or disciplinary

action shall be in writing and shall state the

reasons for such recommendation. The

police chief shall have the authority to

temporarily suspend an employee of the

police department for a serious violation of

the employees duties.

D. He shall be responsible for the

performance of the police department and

its functions and all persons who are

members of the department shall serve

subject to his orders.

E. He shall serve all processes issued to him

and enforce all orders and judgments of the

court.

F. He shall have custody of all lost,

abandoned or stolen property recovered

within the municipality. He shall issue

receipts for all property coming into his

possession. Receipts shall be delivered to

the party from whom the property is

received. In the event of the discovery of

property by an employee of the town,

receipts shall be made and retained in thereceipt book. All property recovered herein

shall be kept in a secure and safe place at

the town hall. An inventory list of such

property shall be made each month and

submitted to the manager indicating by

description of each item, the date received,

from whom, and any disposition made

from the property locker during the month.

(Prior code 4-1-5)

2.36.040 Police department-Duties.

It is the duty of the police department,

under the direction of the chief of police, to:


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A. Enforce this code and the statutes of the

state of Arizona within jurisdictional limits

as conferred by law and to arrest and

charge the violators thereof;

B. Render such account of the policedepartment, its duties, and receipts as may

be required by the council or the town

manager, and keep records of the office

open to inspection by the council at

anytime;

C. Direct traffic and ensure the orderly flow

thereof and investigate and make reports of

traffic accidents;

D. Inspect and ascertain the condition of

trafficcontrol devices of every description

which have been erected within the town on

the authority of the council and to notify the

council of any defects found therein;

E. Perform such additional duties as may

be required by the manager or council.

(Prior code 4-l-6)

2.36.050 Answering calls outside the town.

The members of the police department of

the town are duly authorized to answer

calls for aid and assistance beyond the

corporate limits of the town pursuant to

mutual aid agreements and state statutes.

(Prior code 4-1-7)

2.36.060 Compensation of officers.

The chief of police and all other policemen

of the town shall be compensated as

determined by the council. The chief of

police shall not receive any perquisites,

commissions, or compensations for his

services as chief of police, town marshal or

tax collector, except as the council may

prescribe. (Prior code 4-l-3)

2.36.070 Compensation of police reserves.

Police reserves shall perform their duties as

a civic duty and may be paid the minimum

wage of the town if the duties assigned are

approved by the town manager. (Prior code

4-1-8)

Chapter 2.40

FIRE DEPARTMENT

Sections:

2.40.010 CreatedCompensation.


regulations.

2.40.030 ChiefAppointment-Powers and

duties.

2.40.040 FiremenAppointment and

duties.

2.40.050 Assistant chiefs.

2.40.060 Companies and company officers.

2.40.070 General regulations.

2.40.080 Entry upon adjacent property.

2.40.090 Equipment.

2.40.100 Providing fire protection outside

the town.

2.40.110 Acknowledgement of right-of-

way.


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2.40.120 Fire alarms.

2.40.130 Fire alar1nsResponse.

2.40.140 Orders of fire chief.

2.40.010 CreatedCompensation.

There is created a volunteer fire department

for the town which shall consist of a chief, a

first assistant chief, a second assistant chief

and as many firemen as may be deemed

necessary from time to time by the council.

(Prior code 4-2-1)


regulations.

The fire department shall be operated and

managed in accordance with such

departmental rules and regulations as may

from time to time be adopted by the


2.40.030 ChiefAppointmentPowers

and duties.

The chief of the fire department shall be

appointed by the manager subject to

approval by the mayor and. council. He

shall be the head of the fire department

subject to the laws of the state and the

provisions of this code. His tenure of office

shall depend upon his good conduct and

efficiency. It shall be the duty of the chief

to:

A. Be accountable to the manager for the

personnel, morale and general efficiency of

the fire department;

B. Direct the operations of the fire

department, subject to the rules and

regulations thereof;

C. Be present at all fires, if possible, and

plan and direct the extinguishment thereof.During the progress of a fire the authority

of the fire chief shall be absolute in all

matters directly concerning the

extinguishment of the fire and the

disposition of property endangered by it.

All orders issued by him on such occasions

must be respected and it is unlawful for

anyone to disobey such an order;

D. Conduct suitable drills or instruction inthe operation and handling of equipment,

first aid and rescue work, salvage, a study

of buildings in the town, water supplies,

and all other matters generally considered

essential to good firemanship and safety of

life and property from fire;

E. Assist the proper authorities in

suppressing the crime of arson by

investigating or causing to be investigatedthe cause, origin and circumstances of all

fires;

F. Inspect buildings and premises and

serve Written notice upon the owner or

occupant to abate, within a specified time,

any and all fire hazards that may be found.

For the purpose of conducting such

inspection, the chief is hereby empowered

to enter any and all buildings and premiseswithin the town at any reasonable hour.

Any person served with such written notice

shall comply and notify the chief of his

compliance within a reasonable time;

G. Keep complete records of all fires,

inspections, apparatus and equipment,


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personnel and other information about the

work of the department open to council

inspection and furnish to the council such

information upon request;

H. Make a complete annual report, inwriting, to the manager within one month

after the close of the fiscal year, and such

report shall include the information

specified in subsection (G) of this section,

together with comparative data for previous

years and recommendations for improving

the effectiveness of the department;

I. Enforce or cause to be enforced all

ordinances, laws and regulations of thetown and state, insofar as they pertain to

fire and safety;

J. Demote, dismiss or expel any officer or

member of the department for neglect or

refusal to perform departmental duties,

subject to the right of any members so

demoted, dismissed or expelled to appeal to

the council;

K. Appoint a first assistant chief and a

second assistant chief from the membership

of the department, subject to approval by

the manager;

L. Maintain a library or file of publications

on fire prevention and fire protection and

make use of it to the best advantage of all

members;

M. Inform citizens of fire hazards in thecommunity and on the activities of the

department;

N. Investigate each fire carefully to

determine its cause, and in case of suspicion

of incendiarism secure and preserve all

possible evidence for future use in the case.

(Prior code~42-3)

2.40.040 FiremenAppointment and

duties.

Firemen shall be recommended by the fire

chief and shall be appointed by the

manager. Such appointees shall be

residents whose business activities are

normally within the confines of the town,

and who have telephones in their homes.

The firemen shall be subject to supervision

by the fire chief or the assistant fire chief.

(Prior code 4-2-4)

2.40.050 Assistant chiefs.

A. There shall be a first assistant chief and a

second assistant chief who shall report to

the chief at fires and assist him in the

discharge of his duties.

B. In the absence of the chief the first

assistant chief shall command the

department and be held responsible

therefore in all respects with the full powers

and responsibilities of the chief.

C. In the absence of both the chief and the

first assistant chief, the second assistant

chief shall command the department with

all power and responsibilities of the chief.

(Prior code 4-2-5)

2.40.060 Companies and company officers.

A. The fire force shall be divided into

companies, the number of which shall be


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determined by the chief and based upon the

needs of the community to provide proper

fire protection. Each company shall consist

of at least twenty-five (25) active members.

B. Each company of the department shallbe in direct charge of a captain appointed

by the chief and responsible to the chief for

the efficient operation of the company.

C. The chief shall appoint a lieutenant for

each company who, in the absence of his

captain, shall exercise the same duties and

have the same powers as the captain. At all

other times the lieutenant shall perform

such duties as the captain may direct.

D. In the absence of the chief and both

assistant chiefs, the captain of the first

company to arrive at a fire shall command

the entire department, and in his absence

the lieutenant of the first company to arrive

shall take command until the arrival of a

superior officer.

E. Each captain shall preserve the discipline

of his company and instruct the members in

their duties. Each captain shall direct the

operation of his company at fires and carry

out the orders of the chief. He shall report to

the chief the conditions in the area to which

he has been assigned and make

recommendations where needed to more

effectively control the fire. He shall

supervise the relief of his men during

severe fires to keep them in the mosteffective condition possible.

F. Each captain, together with one of his

drivers, shall inspect all equipment in his

charge each month to see that all equipment

is clean, in its proper place and ready for

service. A complete report on the same

shall be made each month to the chief.

G. Each captain shall keep or cause to be

kept a chronological record of all activities

of his company, and also a record of the fireand drill service of each member of the

company. For this purpose and for other

secretarial work of the company, he may

appoint one of the members of the company

as secretary of the company.

H. Company officers shall see that all hose

is thoroughly cleaned and dried after each

time it is used at fires and drills, and that no

wet or dirty hose is placed on theapparatus.

I. Company officers shall see that all hose is

removed from apparatus once a month and

reloaded with folds in different places to

prevent cracking, and that water is run

through it once in three months.

J. For the purpose of teamwork and

efficiency in handling the apparatus and

equipment and dividing the work as

equally as possible among all members, the

captain shall assign members of his

company to the duties of drivers,

laddermen and nozzlemen. (Prior code 4-

2-6)

2.40.070 Genera] regulations.

A. All members shall assist in the work of

the department whether it may be their

assigned duty or not, and in the absence of

any specific orders or apparent work to be

done, they shall report to the officer in

charge of their company.


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B. All members shall give strict obedience

to the orders of their appointed and elected

officers.

C. Fire alarm signals shall be such as

prescribed by the chief, and it shall be hisduty to test or have tested at a regularly

designated time each day the fire alarm

system to see that it is working properly.

D. When a fire alarm is given, members in

the neighborhood of the fire station shall

promptly report to the station and assist in

getting the apparatus to the fire and in

operation. At least two members, one of

whom must be a driver, shall respond withthe apparatus. If the apparatus has left the

station, they shall immediately proceed to

the fire by the most direct route to assume

their assigned duties or assist in any work

necessary. Members not in the

neighborhood of the fire station shall

respond for service by the best possible

route.

E. Two regular meetings and drills of thedepartment shall be held each month at a

time specified by the chief. Special

meetings and drills to be held at a specified

time and place may be called by the chief.

All members must attend. Any member

absent from three successive meetings and

drills without permission from the chief

shall be dropped from the membership roll.

F. In good weather, practice drills with theapparatus and equipment shall be held. In

bad weather, the chief or other officer in

charge shall conduct discussion and

instruction periods in fire prevention,

hazards, fire fighting, inspection work,

salvage and other subjects of interest and

value to increase the efficiency of the

department.

G. Each member is responsible for his fire

helmet, coat, boots, spanner and hose tool.

When his membership is in the departmentis terminated he shall return all department

property in his possession to the chief.

H. No person not a member of the

department, unless authorized by a

department officer, shall be allowed to ride

on the apparatus or to handle equipment.

I. Work at fires and drills shall be done in a

quick, orderly and quiet manner.

J. The chief shall appoint two mechanics to

each company who shall be charged with

the duty of maintaining all the apparatus of

the company in good condition and ready

for immediate service. Drivers having

mechanical ability shall be given preference

to other members or officers for such

additional duties.

K. All cotton rubber-lined hose shall besubjected to a hydrostatic test each spring of

not less than one hundred fifty pounds per

square inch (or higher if the normal fire

pressure is greater than one hundred

pounds) and held at that pressure for at

least three minutes.

L. Annual dues to firemens and -chiefs

associations shall be legitimate expenditures

of the department. (Prior code 4-2-7)

2.40.080 Entry upon adjacent property.

It is lawful for any fireman acting under the

direction of the chief or another officer in


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command to enter upon the premises

adjacent to or in the vicinity of any building

or other property that is on fire, for the

purpose of extinguishing such fire. No

person shall hinder, resist or obstruct any

fireman in the discharge of his duty as

provided in this section. (Prior code 4-2-8)

2.40.090 Equipment.

The department shall be equipped with

such apparatus and other equipment as

may be required from time to time to

maintain its efficiency and properly protect

life and property from fire.

Recommendations of apparatus and

equipment needed shall be made by the

chief, and after approval by the council,

shall be purchased in such manner as may

be designated by the council. All

equipment of the department shall be safely

and conveniently housed in such places as

may be designated by the council. No

person shall use any fire apparatus orequipment for any private purpose, nor

shall any person willfully take away or

conceal any article used in any way by the

department. No person shall enter any

place where fire apparatus is housed or

handle any apparatus or equipment

belonging to the department unless

accompanied by, or having special

permission of, an officer or authorized

member of the department. No fireapparatus or equipment shall be hired out

or permitted to leave the fire station except

in response to a call for aid at a tire within

the corporate limits of the town, or in

response to a call for aid at a fire in an area

authorized for tire protection service or

mutual aid under provisions of Section

2.40.100 of this chapter. (Prior code 4-2-9)

2.40.100 Providing fire protection outside

the town.

The town manager, subject to the approval

of the council, may enter into agreements or

contracts to furnish tire protection out-side

the town or enter into mutual aid

agreements. The fire department is

authorized to render fire fighting service

pursuant to the terms of such agreements or

contracts. (Prior code 4-2-10)

2.40.110 Acknowledgement of right-of-

way.

Each member of the department who drives

a private motor vehicle shall be issued

suitable insignia which may be attached to

such motor vehicle. All motor equipment of

the department shall have right-ofway

over all other traffic when responding to an

alarm. No unauthorized vehicle shall

follow within six hundred (600) feet of any

apparatus belonging to the department nor

park within three hundred (300) feet of a

fire. No person shall park any vehicle or

otherwise cause any obstruction to be

placed within twenty (20) feet of the

driveway entrance to any fire station or

other place where fire apparatus is stored orwithin fifteen (15) feet of any fire hydrant.

No person shall drive any vehicle over fire

hose except upon specific orders from the

chief or other officer in charge where the

hose is used. (Ord. 102 2 (part), 1995;

prior code 42-11)


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2.40.120 Fire alarms.

Suitable arrangements or equipment shall

be provided for citizens to turn in an alarm

and for notifying all members of the

department so that they may promptlyrespond. It is unlawful for any person

knowingly to turn in or cause to be turned

in a false alarm. (Prior code 4-2-12)

2.40.130 Fire alarmsResponse.

It is the special duty of the chief of police or

other peace officers who may be on duty

and available for fire duty, to respond to allfire alarms and assist the department in the

protection of life and property, in regulating

traffic, maintaining order and in enforcing

observance of all sections of this chapter.

(Prior code 4-2-13)

2.40.140 Orders of fire chief.

It is unlawful for any fireman or citizen to

refuse to obey an order issued by the fire

chief pursuant to his authority. (Prior code

4-2-14)

Chapter 2.44

PUBLIC WORKS DEPARTMENT

Sections:

2.44.010 CreationGeneral foreman.

2.44.010 CreationGeneral foreman.

A. There is established a department of

public works.

B. A general foreman shall be appointed by

the manager with approval of the council.

He shall perform the duties as assigned tohim by the town manager.

C. The salary of the general foreman shall

be determined by the manager with the

approval of the council.

D. There shall be appointed an assistant

foreman whose duties shall be assigned by

the manager. (Prior code Art. 3-3)

Chapter 2.48

MAGISTRATES COURT

Sections:

2.48.010 Established-Jurisdiction.

2.48.020. Town magistrate.

2.48.030 Town magistrate-Powers andduties.

2.48.040 Proceedings of court.

2.48.010 EstablishedJurisdiction.

There is established in the town a

magistrates court which shall have

jurisdiction of all violations of this code, andjurisdiction concurrently with justices of the

peace of precincts in which the town is

located of violation of laws of the state

committed within the limits of the town.

(Prior code Art. 5-1)


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2.48.020 Town magistrate.

The town magistrate shall be the presiding

officer of the magistrates court and shall be

selected by the council to serve for a term of

two years. He shall perform those functionsnecessary to the maintenance of the

magistrates court as provided by state

statute. (Ord. 102 2 (part), 1995: prior

code 3-2-6)

2.48.030 Town magistratePowers and

duties.

The powers and duties of the magistrateshall include:

A. The powers and duties set forth and

conferred upon him under the provisions of

the state constitution and statutes, this code,

and the ordinances and resolutions of the

town;

B. The keeping of a docket in which shall

be entered each action and the proceedings

of the court therein;

C. The responsibility for fixing and

receiving all bonds and bails and receiving

all fines, penalties, fees and other moneys as

provided by law;

D. Payment of all fees, fines, penalties and

other moneys collected by the court to the

treasurer;

E. Submitting a monthly report to the

council summarizing court activities for that

month;

F. Preparation of a schedule of traffic

violations not involving the death of a

person, listing specific bail for each

violation. (Prior code 5-2-2)

2.48.040 Proceedings of court.

A. The proceedings shall be conducted in

accordance with the state constitution, the

applicable state statutes and rules of the

state supreme court pertaining to police

courts. The proceedings shall also be

conducted in accordance with the rules of

criminal procedure for the superior court,

unless otherwise prescribed and providing

this code and resolutions of the town are

not in conflict therewith.

B. The magistrate court proceedings shall

be commenced by complaint under oath

and in the name of the state setting forth the

offense charged with and such particulars

of time, place, person, and property as to

enable the defendant to understand

distinctly the character of the offense

complained of and to answer the complaint.

C. If the magistrate is satisfied that the

offense complained of has been committed

by the person charged, he shall issue a

summons or a warrant of arrest. Before

issuing a summons or warrant of arrest on a

complaint, the magistrate may subpoena

and examine witnesses as to the truth of the

complaint. (Prior code Art. 5-3)

Chapter 2.52

LIBRARY BOARD OF TRUSTEES

Sections:

2.52.010 Creation.


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2.52.020 Membership.


2.52.040 Consultant.

2.52.010 Creation.

There is created a library board of trustees

of the town of Hayden. (Prior code 2-6-1)

2.52.020 Membership.

The board shall consist of five members

appointed by the council. The members of

the board shall choose a president from

their members. (Prior code 2-6-2)


The library board of trustees shall have the

power:

A. To accept or reject endowments,

donations or contributions for the benefit of

the library;

B. To recommend the employment of a

librarian and such other assistants or

employees as may be necessary and

recommend their rates of salary;

C. To prepare a schedule of overdue fines,

to select the books, periodicals, andpublications for the library, to prescribe the

hours when the library shall be open to the

public and to make any and all necessary

rules and orders and to take all necessary

action for the care, control and management

and improvement of the library, subject to

the approval of the council;

D. To prepare and submit to the manager a

proposed budget for operation of the library

and the maintenance of the library building;

E. To enter into an agreement with the

board of supervisors of Gila County to

provide the functions of a county free

library, subject to approval of the council;

F. To classify the books and publications

contained in the library, according to some

established standard classification;

G. To do any and all things necessary forthe promotion of the usefulness and the

care and development of the library;

H. To pass upon, audit and either allow or

reject in whole or part, claims upon the

library fund. (Prior code 2-6-3)

2.52.040 Consultant.

The library board with the approval of the

council may solicit the services of a

consultant on a no-fee basis to assist the

board in its duties. (Prior code 2-6-4)

Chapter 2.56

TRAFFIC VIOLATIONS BUREAU

Sections:

2.56.010 Created.

2.56.020 Duties.

2.56.030 Records.


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2.56.040 Audit of records and reports.

2.56.050 Citation on illegally parked

vehicle.

2.56.060 Failure to comply.

2.56.070 Appearance of violator.

2.56.080 Presumption in reference to

illegal parking.

2.56.090 When warrant to be issued.

2.56.100 Record of traffic casesReport to

state.

2.56.110 Official misconduct.

2.56.010 Created.

A. The magistrate shall establish a traffic

violations bureau to assist the court with the

clerical work of traffic cases. The bureau

shall be in charge of such person and shall

be open at such hours as the magistrate may

designate.

B. The magistrate shall designate the

specified offenses under the traffic

regulations of this town and the state traffic

laws in respect to which payments of fines

may be accepted by the traffic violations

bureau in satisfaction thereof, and shall

specify by suitable schedules the amount of

such fines for first, second, and subsequent

offenses, provided such fines are within thelimits declared by law or ordinance, and

shall further specify what number of such

offenses shall require appearance before the

magistrate. (Prior code 11-6-1)

2.56.020 Duties.

The traffic violations bureau shall:

A. Accept designated fines, issue reports,

and represent in court such violators as are

permitted and desire to plead guilty, waive

court appearance, and give power of

attorney;

B. Receive and issue receipts for cash bail

from the persons who must or wish to be

heard in court, enter the time of their

appearance on the court docket and notify

the arresting officer and witnesses, if any, to

be present;

C. Keep an easily accessible record of all

violations of which each person has been

guilty during the preceding twelve (12)

months, whether such guilt was established

in court or in the traffic violations bureau;

D. Follow such procedure as may be

prescribed by the traffic regulations of this

town or as may be required by any laws of

this state. (Prior code 11-6-3)

2.56.030 Records.

The traffic violations bureau shall keep

records and submit summarized monthly

reports to the magistrate of all notices

issued and arrests made for violations of the

traffic laws and regulations in this town and

of all the fines collected by the position orpresent status of every case of violation of

the provisions of said laws and regulations.

Such records shall be so maintained as to

show all types of violations and the totals of

each. The records shall be public records.

(Prior code ll-6-4)


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2.56.040 Audit of records and reports.

A. Every record of traffic citation,

complaints thereon, and warrant

hayden town code

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