CODE OF GILBERT, ARIZONA

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Published in 1996 by Order of the Common Council

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Adopted October 8, 1996

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CURRENT OFFICIALS

of the

TOWN OF

GILBERT, ARIZONA

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Jenn Daniels

Mayor

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Scott Anderson
Eddie Cook
Brigette Peterson
Jordan Ray
Jared Taylor
Aimee Yentes

Common Council

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Patrick Banger

Manager

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Jacob Ellis
Mary Goodman
Leah Hubbard-Rhineheimer

Deputy Town Managers

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Christopher W. Payne

Attorney

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Lisa Maxwell

Clerk

PREFACE

This Code constitutes a complete recodification of the general and permanent ordinances of the Town of Gilbert, Arizona.

Source materials used in the preparation of the Code were the 1984 Code, as supplemented through July 6, 1993, and ordinances subsequently adopted by the common council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1984 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CODE INDEX	CDi:1

 

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Roger D. Merriam, Supervising Editor, and Robert MacNaughton, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to the town staff for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the town readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the town's affairs.

ADOPTING RESOLUTION

RESOLUTION NO. 1725

A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF GILBERT, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "THE CODE OF GILBERT, ARIZONA;" AND DECLARING AN EMERGENCY.

BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF GILBERT, ARIZONA:

That certain document entitled "The Code of Gilbert, Arizona," and all amendments thereto, three copies of which are on file in the office of the Town clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town clerk.

It is necessary for the preservation of the public peace, health and safety of the Town of Gilbert, an emergency is hereby declared to exist. This Resolution shall be in full force and effect from and after its passage, adoption and approval by the Common Council of the Town of Gilbert.

PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF GILBERT, ARIZONA THIS 8TH DAY OF OCTOBER, 1996.

ADOPTING ORDINANCE

ORDINANCE NO. 997

AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF GILBERT, MARICOPA COUNTY, ARIZONA, ADOPTING "THE CODE OF GILBERT, ARIZONA" BY REFERENCE; PROVIDING FOR PENALTIES; PROVIDING FOR CIVIL TRAFFIC VIOLATIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.

BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA.

Section 1. That certain document known as "The Code of Gilbert, Arizona," three copies of which are on file in the office of the Town Clerk of the Town of Gilbert, Arizona, which document was made a public record by Resolution No. 1725 of the Town of Gilbert, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this Ordinance.

Section 2. All ordinances of a general and permanent nature enacted on or before October 8, 1996, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this Ordinance.

Section 4. Except for civil traffic violations, any person convicted of a violation of this Code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine or [of] not to exceed Two Thousand Five Hundred Dollars ($2,500) or by imprisonment for a period not to exceed six (6) months, or both such fine and imprisonment. With respect to violations of this Code that are continuous with respect to time, each day that a violation continues shall be a separate offense punishable as herein described.

Section 5. Any violation or failure to do or perform any act required by Chapter 62 of this Code constitutes a civil traffic violation. Civil traffic violations are subject to the provisions of A.R.S. Title 28, Chapter 6, Articles 20 and 21 (A.R.S. §§ 28-1051, et seq., 28-1071, et seq.).

Section 6. Additions or amendments to the Code when passed in the form as to indicate the intention of the Town to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 7. Ordinances adopted after October 8, 1996, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 8. This Ordinance shall become effective as provided by law.

Section 9. In the event any provision of this Ordinance shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision thereof.

Section 10. The immediate operation of the provisions of this Ordinance is necessary for the preservation of the public peace, health and safety of the Town of Gilbert, and an emergency is hereby declared to exist. This Ordinance shall be in full force and effect from and after its passage, adoption and approval by the Council of the Town of Gilbert.

PASSED AND ADOPTED by the Mayor and Council of the Town of Gilbert, Maricopa County, Arizona, this 8th day of October, 1996.