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TOWN OF COLORADO CITY, ARIZONA
CODE OF ORDINANCES
2015 S-3 Supplement contains:
Local legislation current through Ord. 2015-04, passed 5-11-2015
Published by:
AMERICAN LEGAL PUBLISHING CORPORATION
One West Fourth Street ✧ 3rd Floor ✧ Cincinnati, Ohio 45202
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COLORADO CITY, ARIZONA TABLE OF CONTENTS
Chapter
2010 S-1
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
110.General Licenses 111.Peddlers
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2 Colorado City – Table of Contents
TITLE XIII: GENERAL OFFENSES
130.Offenses
TITLE XV: LAND USAGE
154.Development Impact Fees
Table
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
References to Arizona Revised Statutes References to 1986 Code References to Resolutions References to Ordinances
INDEX
2015 S-3
TITLE I: GENERAL PROVISIONS
Chapter
10. GENERAL CODE CONSTRUCTION; GENERAL PENALTY
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2 Colorado City – General Provisions
CHAPTER 10: GENERAL CODE CONSTRUCTION; GENERAL PENALTY
Section
10.01 Title of code
10.02 Interpretation
10.03 Application to future ordinances
10.04 Captions
10.05 Definitions
10.06 Rules of interpretation
10.07 Severability
10.08 Reference to chapters and sections
10.09 Reference to offices
10.10 Errors and omissions
10.11 Official time
10.12 Reasonable time; calculation of time
10.13 Ordinances repealed
10.14 Ordinances unaffected
10.15 Effective date of ordinances
10.16 Repeal or modification of ordinances
10.17 Conflicting provisions
10.18 Ordinances which amend or supplement code
10.19 Section histories; statutory references
10.99 General penalty
§ 10.01 TITLE OF CODE.
The ordinances embraced in the following chapters and sections shall constitute and be designated “The Code of the Town of Colorado City, Arizona,” and may be so cited. The code may also be cited as “The Colorado City Town Code.”
§ 10.02 INTERPRETATION.
(A) The rules and the definitions set forth in this chapter shall be observed in the construction of this code and the ordinances of the town unless the construction would be inconsistent with either the manifest intent of the Council or the context of this code or the ordinances of the town.
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4 Colorado City – General Provisions
(B) Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this code as those governing the interpretation of state law.
§ 10.03 APPLICATION TO FUTURE ORDINANCES.
All provisions of Title I compatible with future legislation shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.
§ 10.04 CAPTIONS.
Headings and captions used in this code other than the title, chapter and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.
§ 10.05 DEFINITIONS.
(A) General rule. 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 the peculiar and appropriate meaning.
(B) Definitions. For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY, MUNICIPAL CORPORATION, MUNICIPALITY or TOWN. The Town of
Colorado City, Arizona.
CODE, THIS CODE or THIS CODE OF ORDINANCES. This municipal code as modified by amendment, revision and adoption of new titles, chapters or sections.
COUNCIL. The Town Council of the Town of Colorado City, Arizona.
COUNTY. Mohave County, Arizona.
DAY. The period of time between any midnight and the midnight following.
DAYTIME. The period of time between sunrise and sunset.
General Code Construction; General Penalty 5
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 town unless the context clearly indicates otherwise.
EMERGENCY VEHICLE. Vehicles of the Fire, Police and Public Service Departments and legally authorized ambulances and emergency vehicles of the State of Arizona, Mohave County, or any political subdivisions thereof, and vehicles of public service corporations.
EMERGENCY WORK. Any work performed to prevent or alleviate physical trauma or property damage threatened or caused by an emergency, which has or may result in a disruption of service, and which is necessary to protect the health, safety and welfare of persons or property.
IN THE TOWN or WITHIN THE TOWN. All territory over which the town now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
JOINT AUTHORITY. All words purporting to give a joint authority to 3 or more town officers or other persons shall be construed as giving the authority to a majority of the officers or other persons unless it shall be otherwise expressly declared in the law giving the authority.
MAJORITY. When used in reference to the Town Council, means 51% of those members in attendance provided that a quorum of the Council is also present.
MONTH. A calendar month.
MOTOR VEHICLE. Every self-propelled device in, upon or by which any person or property is, or may be, transported upon a public highway, excepting aircraft and devices used exclusively upon stationary rails or tracks.
NIGHTTIME. The period of time between sunset and sunrise.
OATH. Includes affirmation or declaration.
PERSON. Shall extend and be applied to firms, corporations or voluntary associations, as well as to individuals, unless plainly inapplicable.
PERSONAL PROPERTY. Includes every species of property, except real property as defined in this section.
PRECEDING or FOLLOWING. The words PRECEDING and FOLLOWING mean next before and next after, respectively.
PROPERTY. Real and personal property.
REAL PROPERTY. Lands, tenements and hereditaments.
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SHALL or MAY. SHALL is mandatory and MAY is permissive.
SHALL HAVE BEEN. Includes past and future cases.
SIGNATURE or SUBSCRIPTION. Includes a mark when the signer cannot write, the signer’s or subscriber’s name being written near the mark by a witness who writes his or her own name near the signer’s or subscriber’s name.
STATE. The State of Arizona.
SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have SUBCHAPTERS.
TENANT or OCCUPANT. When applied to a building or land shall include any person holding a written or an oral lease or who occupies the whole or part of the building or land, either alone or with others.
TOWN. The Town of Colorado City, Arizona.
WEEK. Consists of 7 consecutive days.
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.
WRITTEN. Any representation of words, letters or figures, whether by printing or
otherwise.
YEAR. A calendar year, except where otherwise provided.
Statutory reference:
Definitions and construction of statutes generally, see A.R.S. §§ 1-211 through 1-215
§ 10.06 RULES OF INTERPRETATION.
The construction of all ordinances of this municipality shall be by the following rules, unless the construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance:
(A) And/or. “Or” may be read “and,” and “and” may be read “or,” if the context requires it.
(B) Acts by agents. When this code or an ordinance requires an act to be done which may by law as well be done by an agent as by the principal, the requirement shall be construed to include all such acts when done by an authorized agent.
General Code Construction; General Penalty 7
(C) Gender; singular and plural; tenses.
(1) Words of the masculine gender include the feminine; words in the singular number include the plural, and words in the plural number include the singular.
(2) The present tense includes the past and future tenses, and the future includes the present.
(D) General terms. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
§ 10.07 SEVERABILITY.
It is hereby declared to be the intention of the Council that the titles, chapters, subchapters, sections, sentences, clauses and phrases of this code shall be severable, and if any provision of this code is held unconstitutional for any reason by a court of competent jurisdiction, the unconstitutionality shall not affect any of the remaining provisions of the code.
§ 10.08 REFERENCE TO CHAPTERS AND SECTIONS.
(A) All references to chapters or sections are to the chapters and sections of this code unless otherwise specified.
(B) Whenever in 1 section reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision.
§ 10.09 REFERENCE TO OFFICES.
Reference to a public office or officer shall be deemed to apply to any office, officer or employee of the town exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
§ 10.10 ERRORS AND OMISSIONS.
If a manifest error is discovered consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.
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§ 10.11 OFFICIAL TIME.
The official time, as established by applicable state/federal laws, shall be the official time within the town for the transaction of all municipal business.
§ 10.12 REASONABLE TIME; CALCULATION OF TIME.
(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice.
(B) The time within which an act is to be done as provided in this code or in any order issued pursuant to any ordinance, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day is a Saturday, Sunday or holiday it shall be excluded; and when such time is expressed in hours, the whole of Saturday, Sunday or a holiday, from midnight to midnight, shall be excluded.
Statutory reference:
Computation of time, see A.R.S. § 1-243
§ 10.13 ORDINANCES REPEALED.
(A) This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced.
(B) All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code, except as otherwise provided in § 10.14.
(C) However, all rights, duties and obligations created or imposed by the repealed ordinances shall continue and exist in all respects as if this code had not been adopted and enacted.
§ 10.14 ORDINANCES UNAFFECTED.
The adoption and enactment of this code shall not be construed to repeal or in any way to modify or affect:
(A) Any special ordinance or ordinances regarding franchises, annexations, dedications or zoning;
(B) Any ordinance making an appropriation;
(C) Any ordinance affecting any bond issue or by which any bond issue may have been authorized;
General Code Construction; General Penalty 9
(D) The running of the statute of limitations in force at the time this code becomes effective;
(E) The continued existence and operation of any department, agency, commission or office heretofore legally established or held;
(F) Any bond of any public officer;
(G) Any taxes, fees, assessments or other charges incurred or imposed; and
(H) Any ordinances authorizing, ratifying, confirming, approving or accepting any compact or contract with any other municipality, the State of Arizona or any county or subdivision thereof, or with the United States or any agency or instrumentality thereof.
§ 10.15 EFFECTIVE DATE OF ORDINANCES.
All ordinances passed by the legislative body requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided. Ordinances not requiring publication shall take effect from their passage, unless otherwise expressly provided.
§ 10.16 REPEAL OR MODIFICATION OF ORDINANCES.
(A) When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause or provision unless it shall be expressly so provided.
(B) 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.
§ 10.17 CONFLICTING PROVISIONS.
If any provision of this code conflicts with any other provision of this code, any other local legislation, or any state or federal law, the provision which is more stringent or restrictive in nature shall apply unless the context clearly requires or indicates otherwise.
§ 10.18 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
(A) If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section may be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place, or the chapter or section may be referenced as, “hereby created to read as follows:….” The chapter or section should be set out in full.
10 Colorado City – General Provisions
(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section. In addition to the indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
§ 10.19 SECTION HISTORIES; STATUTORY REFERENCES.
(A) As histories for the code sections, the specific number and passage date of the original ordinance, and amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-1960; Ord. 15, passed 1-1-1970; Ord. 20, passed 1-1-1980; Ord. 25, passed 1-1- 1985)
(B) (1) If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example: (A.R.S. § 9-240) (Ord. 10, passed 1-17-1980; Ord. 20, passed 1-1-1985)
(2) If a statutory cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information.
(C) If a section of this code is derived from the previous code of ordinances of the town published in 1986 and subsequently amended, the 1986 code section number shall be indicated in the history by “(1986 Code, §).”
§ 10.99 GENERAL PENALTY.
(A) Any person found responsible for violating any provisions of this code, except as otherwise provided in this code, shall be responsible for a civil code infraction, and upon such finding of responsibility therefor may be punished by a civil sanction not to exceed the amount provided for under state law. Each day that a violation continues shall be a separate offense punishable as herein provided.
(1) In this section the term “violation of this code” does not include the failure of a town officer or town employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this section.
(2) In addition to any monetary civil sanction, the Civil Hearing Officer shall order the defendant to abate the civil code infraction, unless it has been abated by the date of a finding of responsibility therefor.
(3) The Civil Hearing Officer shall have the authority, within his or her discretion, to suspend the payment of any civil sanction imposed.
General Code Construction; General Penalty 11
(4) In any case involving a civil code infraction relating to the occupancy or use of land, any monetary civil sanction imposed pursuant to this section upon a defendant who holds an ownership interest in such land shall be recordable as a lien upon the land and shall run with the land. The town, at its sole option, may record a notice of civil sanction and abatement order with the Mohave County Recorder and thereby cause compliance by any person(s) or entity thereafter acquiring the property. When the property is brought into compliance by the owner or responsible party, a satisfaction of notice of civil sanction and abatement order shall be filed at the request and expense of the owner or responsible party. It shall be the property owner’s responsibility to secure the satisfaction of notice of civil sanction and abatement order from the town.
(B) Any violation of or failure or refusal to do or perform any act required by Title VII of this code constitutes a civil traffic offense which shall result in a civil penalty not to exceed the amount provided for under state law. In addition, the court shall levy penalty assessments pursuant to A.R.S. §§ 12-116.01 and 12-116.02. Civil traffic violations are subject to the provisions of A.R.S. §§ 28-1592 et seq., as amended.
Statutory reference:
Maximum penalty for civil traffic violations, see A.R.S. § 28-1598 Misdemeanor penalty authorized, see A.R.S. § 9-240(28)(b) Misdemeanor sentence of imprisonment, see A.R.S. § 13-707 Misdemeanor fines, see A.R.S. §§ 13-802 and 13-804
12 Colorado City – General Provisions
TITLE III: ADMINISTRATION
Chapter
1
2 Colorado City – Administration
CHAPTER 30: MAYOR AND COUNCIL
Section
Town Council
30.01 Elected officers
30.02 Corporate powers
30.03 Duties of office
30.04 Vacancies in Council
30.05 Compensation
30.06 Oath of office
30.07 Bond
30.08 Financial disclosure statement
Mayor
30.20 Selection of Mayor
30.21 Vice Mayor
30.22 Acting Mayor
30.23 Powers and duties of the Mayor
30.24 Failure to sign documents
Council Election
30.35 Primary election
30.36 Non-political ballot
30.37 General election nomination
30.38 Election to office
30.39 Candidate financial disclosure
Council Procedure
30.50 Regular meetings
30.51 Special meetings
30.52 Meetings to be public
30.53 Quorum; attendance requirement
30.54 Agenda
30.55 Order of business
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30.56 Committees and commissions
30.57 Voting
30.58 Suspension of rules
Ordinances, Resolutions and Contracts
30.70 Prior approval
30.71 Introduction
30.72 Same day passage prohibited
30.73 Two separate readings
30.74 Requirements for an ordinance
30.75 Effective date of ordinances
30.76 Signatures required
30.77 Publishing required
30.78 Posting required
TOWN COUNCIL
§ 30.001 ELECTED OFFICERS.
(A) The elected officers of the town shall be 7 Council members, 1 of whom shall be designated as Mayor in accordance with § 30.020 below. The Mayor and Council members shall constitute the Council and shall continue in office until assumption of duties of office by their duly elected successors.
(B) Members of the Council shall be divided by lot into 2 classes. The first class shall consist of 3 Council members and the second class of 4 Council members. Those of the first class shall hold office until the next regular election in 1988, and those of the second class shall hold office until the regular election of 1990.
(C) At the regular election of 1988, 3 Council members shall be selected, and at the regular election of 1990, 4 Council members shall be elected. Thereafter, Council members shall be elected in classes of 3 and 4 at successive, regular elections.
2015 S-3
Mayor and Council 5
(D) The regular term of office for Council members shall be 4 years each and until their successors are elected and qualified.
(A.R.S. §§ 9-231 and 9-301) (1986 Code, § 2-1-1)
§ 30.002 CORPORATE POWERS.
(A) The corporate powers of the town shall be vested in the Council and shall be exercised only as directed or authorized by law.
(B) All powers of the Council shall be exercised by ordinance, resolution, order or motion. (1986 Code, § 2-1-2)
§ 30.003 DUTIES OF OFFICE.
Council members 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 of the date of which, the Council members were elected.
(A.R.S. § 9-232) (1986 Code, § 2-1-3)
§ 30.004 VACANCIES IN COUNCIL.
The Council shall fill by appointment for the unexpired term any vacancy that may occur for whatever reason.
(A.R.S. § 9-235) (1986 Code, § 2-1-4)
§ 30.005 COMPENSATION.
The compensation of elective officers of the town shall be fixed from time to time by resolution of the Council.
(A.R.S. § 9-232.01) (1986 Code, § 2-1-5)
§ 30.006 OATH OF OFFICE.
Immediately prior to assumption of the duties of office, each Council member shall, in public, take and subscribe to the oath of office.
(A.R.S. § 38-231) (1986 Code, § 2-1-6)
6 Colorado City – Administration
§ 30.007 BOND.
(A) Prior to taking office, every Council member shall execute and file an official bond, enforceable against the principal and his or her sureties, conditioned on the due and faithful performance of his or her 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 the officer in his or her official capacity.
(B) A person so injured or aggrieved may bring suit on such bond under provisions identical to those contained in A.R.S. § 38-260. Bonds shall be in such sum as shall be provided by resolution, and the premium for the bonds shall be paid by the town.
(A.R.S. § 9-302) (1986 Code, § 2-1-7)
§ 30.008 FINANCIAL DISCLOSURE STATEMENT.
The Mayor and each member of the Council shall file by January 31 of each year a financial disclosure statement on a form prescribed by the Clerk and with such information as provided by resolution of the Council and pursuant to state law.
(A.R.S. § 38-545) (1986 Code, § 2-1-8)
MAYOR
§ 30.020 SELECTION OF MAYOR.
The Council members shall at the first regular meeting after their election choose a Mayor from among their number.
(A.R.S. § 9-232) (1986 Code, § 2-2-1)
§ 30.021 VICE MAYOR.
(A) At the same meeting at which the Mayor is selected, the Council shall designate 1 of its members as Vice Mayor, who shall serve at the pleasure of the Council.
(B) The Vice Mayor shall perform the duties of the Mayor during his or her absence or disability. (A.R.S. § 9-236) (1986 Code, § 2-2-2)
Mayor and Council 7
§ 30.022 ACTING MAYOR.
In the absence or disability of both the Mayor and Vice Mayor, the Council may designate another of its members to serve as acting Mayor who shall have all the powers, duties and responsibilities of the Mayor during that absence or disability.
(1986 Code, § 2-2-3)
§ 30.023 POWERS AND DUTIES OF THE MAYOR.
The powers and duties of the Mayor shall include the following:
(A) He or she shall be the chief executive officer of the town;
(B) He or she shall be the Chairperson of the Council and preside over its meetings. He or she may make and second motions and shall have a voice and vote in all its proceedings;
(C) He or she shall enforce the provisions of this code;
(D) He or she shall execute and authenticate by his or her signature such instruments as the Council or any statutes, ordinances or this code shall require;
(E) He or she shall make such recommendations and suggestions to the Council as he or she may consider proper;
(F) He or she may, by proclamation, declare a local emergency to exist due to fire, conflagration, flood, earthquake, explosion, war bombing or any other natural or human-made calamity or disaster or in the event of the threat or occurrence of riot, rout or affray or other acts of civil disobedience which endanger life or property within the town. After declaration of the emergency, the Mayor shall govern by proclamation and impose all necessary regulations to preserve the peace and order of the town, including but not limited to:
(1) Imposition of a curfew in all or any portion of the town;
(2) Ordering the closing of any business;
(3) Closing to public access any public building, street or other public place; and
(4) Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance.
(G) He or she shall perform such other duties required by state statute and this code as well as those duties required as chief executive office of the town.
(A.R.S. § 9-236) (1986 Code, § 2-2-4)
8 Colorado City – Administration
§ 30.024 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 or her signature of 5 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 or her 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.
(1986 Code, § 2-2-6)
COUNCIL ELECTION
§ 30.035 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 or she is a candidate effective as of the date of the general election, and no further election shall be held as to the candidate; provided that if more candidates receive a majority than there are offices to be filled than those equal in number to the offices to be filled receiving the highest number of votes shall be declared elected.
(A.R.S. § 9-821.01) (1986 Code, § 2-3-1)
§ 30.036 NON-POLITICAL BALLOT.
Nothing on the ballot in any election shall be indicative of the support of the candidate. (A.R.S. § 9-821.01) (1986 Code, § 2-3-2)
§ 30.037 GENERAL ELECTION NOMINATION.
(A) 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, the 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 the office or offices.
(B) Candidates to be placed on the ballot at the second or general municipal election shall be those not elected at the 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 the first election shall
Mayor and Council 9
be the only candidates at the second election, provided that if there be any person who, under the provisions of this subchapter, would have been entitled to become a candidate received an equal number of votes therefor, then all those persons receiving an equal number of votes shall likewise become candidates for that office.
(A.R.S. § 9-821.01) (1986 Code, § 2-3-3)
§ 30.038 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.
(A.R.S. § 9-821.01) (1986 Code, § 2-3-4)
§ 30.039 CANDIDATE FINANCIAL DISCLOSURE.
Each candidate for office of Council member shall file a financial disclosure statement on a form prescribed by the Clerk, when the candidate files a nomination paper. The statement shall contain such information as required by resolution of the Council pursuant to state law.
(A.R.S. § 38-545) (1986 Code, § 2-3-5)
COUNCIL PROCEDURE
§ 30.050 REGULAR MEETINGS.
The Council shall hold regular meetings on the second Monday of each month at 7:00 p.m. All regular meetings of the Council shall be held in the Town Hall of Colorado City unless otherwise posted.
(A.R.S. § 9-233) (1986 Code, § 2-4-1)
§ 30.051 SPECIAL MEETINGS.
The Mayor, upon his or her own motion, or the Clerk upon the request of 4 members, may convene the Council at any time by notifying the members of the date, hour and purpose of the special meeting. Notice of the meeting shall be made, pursuant to state law. In the case of an actual emergency, a meeting may be held upon the notice as is appropriate to the circumstances.
(1986 Code, § 2-4-2)
10 Colorado City – Administration
§ 30.052 MEETINGS TO BE PUBLIC.
All proceedings of the Council shall be open to the public, except that upon approval by a majority vote of the Council, the Council may meet in a closed executive session pursuant to the provisions of state law.
(A.R.S. Title 38, Ch. 3, Art. 3.1) (1986 Code, § 2-4-3)
§ 30.053 QUORUM; ATTENDANCE REQUIREMENT.
A majority of the Council members shall constitute a quorum for transacting business, but a lesser number may adjourn from time to time and compel the attendance of absent members.
(1986 Code, § 2-4-4)
§ 30.054 AGENDA.
At least 24 hours 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 Clerk shall collect all written reports, communications, ordinances, resolutions, contracts and other documents to be submitted to the Council, prepare an agenda according to the order of business and furnish each Council member and the Mayor with a copy.
(1986 Code, § 2-4-5)
§ 30.055 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 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, 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 Robert’s Rules of Order.
(B) Roll call. Before proceeding with the business of the Council, the Clerk or his or her deputy 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 § 30.053 above.
Mayor and Council 11
(C) Minutes. The Clerk or his or her deputy shall read or 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 may be heard by the Council. All remarks shall be addressed to the Council as a whole, and not to any member thereof. The remarks shall be limited to 3 minutes, unless additional time is granted by the Council. No person other than the individual speaking shall enter into the discussion without the permission of the presiding officer. No question shall be asked a Council member 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 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.
(A.R.S. § 9-234) (1986 Code, § 2-4-6)
§ 30.056 COMMITTEES AND COMMISSIONS.
The Council may create such boards, committees and commissions, standing or special, as it deems necessary. They shall consist of as many members and shall perform such duties as the Council may require and shall exist at the pleasure of the Council.
(1986 Code, § 2-4-7)
§ 30.057 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 questions shall be taken and entered in the minutes.
(1986 Code, § 2-4-8)
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§ 30.058 SUSPENSION OF RULES.
Any of the provisions of this subchapter may be temporarily suspended in connection with any matter under consideration by a recorded vote of 3/4 of the members present, except that this section shall not be construed to permit any action that is contrary to state statutes.
(1986 Code, § 2-4-9)
ORDINANCES, RESOLUTIONS AND CONTRACTS
§ 30.070 PRIOR APPROVAL.
All ordinances, resolutions and contract documents may before presentation to the Council, have been reviewed as to form by the attorney and may, when there are substantive matters of administration involved, be referred to the person who is charged with the administration of the matters. Such person may have an opportunity to present his or her objections, if any, prior to the passage of the ordinance, resolution or acceptance of the contract.
(1986 Code, § 2-5-1)
§ 30.071 INTRODUCTION.
Ordinances, resolutions and other matters or subjects requiring action by the Council may be introduced and sponsored by a member of the Council, except that the attorney, the manager or the Clerk may present ordinances, resolutions and sponsorship thereof by moving that the ordinance, resolution, matter or subject be adopted; otherwise, they shall not be considered.
(1986 Code, § 2-5-2)
§ 30.072 SAME DAY PASSAGE PROHIBITED.
No ordinance except emergency ordinances shall be put on its final passage on the same day on which it was introduced.
(1986 Code, § 2-5-3)
§ 30.073 TWO SEPARATE READINGS.
All ordinances except emergency ordinances shall have 2 separate readings, but the first and the second reading shall never be made on the same day. The first reading shall be in full, unless the Council, in possession of printed copies of the ordinance, shall unanimously allow reading by title only.
(1986 Code, § 2-5-4)
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§ 30.074 REQUIREMENTS FOR AN ORDINANCE.
Each ordinance should have but 1 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 the sections to be amended shall be included in the ordinance. (1986 Code, § 2-5-5)
§ 30.075 EFFECTIVE DATE OF ORDINANCES.
No ordinance, or franchise shall become operative until 30 days after its passage by the Council and approval by the Mayor, except measures necessary for the 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 3/4 of all the members elected to the Council, taken by ayes and nays.
(A.R.S. § 19-142B) (1986 Code, § 2-5-6)
§ 30.076 SIGNATURES REQUIRED.
Every ordinance passed by the Council shall, before it becomes effective, be signed by the Mayor and attested by the Clerk.
(1986 Code, § 2-5-7)
§ 30.077 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 Council.
(A.R.S. Title 9, Ch. 7, Art. 2) (1986 Code, § 2-5-8)
§ 30.078 POSTING REQUIRED.
Every ordinance imposing any penalty, fine, forfeiture or other punishment shall, after passage, be posted by the Clerk in 3 or more public places within the town and an affidavit of the person who posted the ordinance shall be filed in the office of the Clerk as proof of posting.
(A.R.S. § 9-813) (1986 Code, § 2-5-9)
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CHAPTER 31: GENERAL ADMINISTRATION PROVISIONS
Section
Officers in General
31.01 Officers
31.02 Treasurer and collector of taxes
31.03 Additional officers
31.04 Bond
31.05 Vacancies; holding more than 1 office
31.06 Additional powers and duties
31.07 Overtime pay
Officers
31.20 Town Manager
31.21 Town Clerk
31.22 Town Marshal
31.23 Town Engineer
31.24 Town Attorney
31.25 Town Magistrate
31.26 Building Official
Purchasing
31.40 Applicability of provisions
31.41 Procedure generally
31.42 Performance bond
31.43 Emergency procedures
31.44 Forms
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OFFICERS IN GENERAL
§ 31.01 OFFICERS.
(A) There are hereby created the Offices of Town Manager, Town Clerk, Town Marshal, Public Works Director, Town Engineer and Town Attorney who shall be appointed by the Council and who shall serve at the pleasure of the Council.
(B) There is hereby created the Office of Town Magistrate, who shall be appointed by the Council. The Magistrate shall serve for a term of 2 years with the beginning and end of the term to be specified at the time of appointment. During that term, a Magistrate may be removed only for cause. (A.R.S. §§ 9-237 and 9-303) (1986 Code, § 3-1-1)
§ 31.02 TREASURER AND COLLECTOR OF TAXES.
The Town Clerk shall act as Treasurer, and the Town Marshal shall act as collector of taxes. (A.R.S. § 9-238) (1986 Code, § 3-1-2)
§ 31.03 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.
(1986 Code, § 3-1-3)
§ 31.04 BOND.
The Council shall require each officer of the town to give bond for the due discharge of his or her duties in such sums and with such security as it may direct and approve as determined by resolution. The town shall pay the costs of the bond.
(A.R.S. § 9-239) (1986 Code, § 3-1-4)
§ 31.05 VACANCIES; HOLDING MORE THAN 1 OFFICE.
Any vacancy that shall occur in any town office shall be filled by appointment by the Council, provided that 1 person may hold more than 1 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.
(A.R.S. § 9-239) (1986 Code, § 3-1-5)
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§ 31.06 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.
(1986 Code, § 3-1-6)
§ 31.07 OVERTIME PAY.
The Council has the authority to authorize the payment of overtime pay for such employees as may work in excess of a normal work period. Those rates of pay and periods of work shall be in conformity with wages and salaries enacted by the Town Council.
(1986 Code, § 3-1-7)
OFFICERS
§ 31.20 TOWN MANAGER.
(A) Creation of office. The Office of Town Manager is hereby established. The Town Manager shall be appointed by the Council, and he or she shall hold office during the pleasure of the Council.
(B) Qualifications. The Town Manager of the Town of Colorado City shall be appointed by the Council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office for and at the pleasure of the Council.
(C) Powers and duties. The Town Manager shall be the head of the administrative branch of the town government. Under specific direction and control of the Council, he or she shall be responsible to the Council for the proper administration of the affairs of the town. In addition to his or her general powers as head of the administrative branch of the town government, and not as a limitation thereon, the Town Manager shall have the powers and duties set forth below:
(1) Devote his or her time to the discharge of his or her official duties, and attend all meetings of the Council unless excused therefrom by the Council or the Mayor;
(2) See that all ordinances are enforced, and that the provisions of all franchises, leases, contracts, permits and privileges granted by the town are observed;
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(3) To supervise and give directions to all heads of departments, subordinate officers and employees of the town except elected or judicial officers and their respective staffs. In the event the Town Manager shall also serve as a department head of a particular department of the town, then the Town Manager shall not supervise that department head and the supervision shall be the responsibility of the Council;
(4) Appoint and, when deemed necessary for the good of the town, lay off, suspend, transfer, demote or remove department heads and employees of the town;
(5) Recommend to the Council for adoption such measures and ordinances as he or she deems beneficial to the town;
(6) To keep the Council at all times fully advised as to the financial conditions and needs of the town;
(7) To prepare and submit to the Council the annual tentative budget;
(8) To purchase or cause to be purchased all supplies and equipment and to make arrangements for contractual services for all of the departments or divisions of the town;
(9) To make investigation into the affairs of the town, and any department or division thereof, and any contract or the proper performance of any obligations of the town;
(10) To investigate all complaints in relation to matters concerning the administration of the town government and in regard to the service maintained by public utilities in the town;
(11) To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the Council; and
(12) Performs such other duties as may be delegated to him or her from time to time by the Council.
(D) Orders and directions. The Council shall deal with the administrative services of the town through the Town Manager, except for the purpose of inquiry, and neither the Council nor any members thereof shall give orders to any subordinates of the Town Manager. It shall be the responsibility of the Council and its members to aid and assist in an advisory capacity any department head, but such assistance shall not conflict with the administrative duties of the Town Manager.
(E) Policy making. The Town Manager shall not exercise any legislative function, nor shall he or she engage in policy making. The Town Manager shall implement policy made by the Council. Implementation may include creating guidelines.
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(F) Public relations. In the discharge of his or her duties as Town Manager, the person holding such position shall endeavor at all times to exercise the highest degree of tact, patience and courtesy in his or her contacts with all town boards, departments and employees and shall use his or her best efforts to establish and maintain a harmonious relationship between all personnel employed in the government of the town to the end that the highest possible standards of public service shall be continuously maintained.
(G) Removal. In case of his or her removal by the Council, the Town Manager shall be furnished with a written notice stating the Council’s intention to remove him or her and the reasons therefor at least 30 days before the effective date of his or her removal. Within 7 days after delivery to him or her of the notice, the Town Manager may, by written notification to the Council, request a public hearing, which shall be held at the usual place of meeting before the expiration of the 30-day period, and at which time the Town Manager shall appear and be heard. After furnishing the Town Manager with written notice of intention to remove, the Council may suspend him or her from duty, but his or her salary shall continue until his or her removal by resolution of the Council passed after the public hearing. The Council may remove the Town Manager, in the exercise of its discretion, with or without cause. The purpose of the hearing is to allow the Town Manager publicly to present to the Council his or her grounds of opposition to removal.
(H) Resignation. The Town Manager shall give a written notice of his or her intention to resign before leaving his or her office.
(I) Acting Town Manager. In the event of the Town Manager’s absence or disability, the Council may appoint an acting Town Manager. If the Manager is temporarily unable to perform his or her official duties, the powers and duties of the Office shall devolve upon the Clerk.
(J) Employment agreements. Nothing in this subchapter shall be construed as a limitation on the power or authority of the Council to enter into any supplemental agreement with the manager delineating additional terms and conditions of employment not inconsistent with any provisions of this subchapter.
(A.R.S. § 9-303) (1986 Code, § 3-2-1)
§ 31.21 TOWN CLERK.
(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, ordinances, notices, deeds, surveys, leases, paid and unpaid vouchers, inventories, letters, orders and other documents of whatever nature.
(B) Public inspection of records. The Clerk shall keep convenient for public inspection all public records and public documents under his or her control, as provided by state statute.
(C) Monthly reports. The Clerk shall prepare and collect from town officers and employees such monthly reports prepared in such manner and to include such information as may be directed by the Council.
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(D) Minutes. The Clerk shall prepare or cause to be prepared all minutes of Council proceedings and ensure their correctness and accuracy.
(E) 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.
(F) Duties as Treasurer. The Clerk shall hold the office of Town Treasurer and receive and safely keep all monies that shall come to the town and pay out the same when authorized by the Council, or manager as authorized by the Council. He or she shall keep a separate record and account of each different fund provided by the Council, apportion the monies 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 for what purpose expended. He or she shall make monthly reports to the Council of all receipts and disbursements and the balance in each fund.
(G) Election official. The Clerk shall be the town election official and perform those duties required by state statute.
(H) Licenses. The Clerk shall issue or cause to be issued all licenses that may be prescribed by state statute or this code.
(I) Administrative duties. The Clerk shall acquire and keep a current inventory of all the personal property owned by the town. The Clerk shall perform those administrative responsibilities and duties that are conferred upon him or her by the Council in addition to those specified in this code.
(A.R.S. § 9-238) (1986 Code, § 3-2-2)
§ 31.22 TOWN MARSHAL.
The Marshal shall be the Chief of Police and shall be collector of all taxes of the town provided that the collection of such taxes may be administered by the Clerk. He or she shall perform such duties as may be required of him or her by law and as the Council may deem necessary.
(A.R.S. § 9-238) (1986 Code, § 3-2-3)
§ 31.23 TOWN ENGINEER.
The Engineer shall have charge of the town streets, sewers and waterworks and shall perform such duties as may be required of him or her by law and such other duties as the Council may deem necessary.
(A.R.S. § 9-238) (1986 Code, § 3-2-4)
General Administration Provisions 21
§ 31.24 TOWN ATTORNEY.
(A) The Attorney shall act as the legal counselor and advisor of the Council and other town officials and, as such, shall give his or her opinion in writing when requested.
(B) He or she shall draft all deeds, contracts, conveyances, ordinances, resolutions and other legal instruments when required by the Council.
(C) When requested, he or she 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.
(D) He or she shall return all ordinances and resolutions submitted to him or her for consideration by the Council, with his or her approval or disapproval as to form noted thereon, together with his or her reasons therefor, in a timely manner.
(E) He or she 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 action to which the town is a party.
(1986 Code, § 3-2-5)
§ 31.25 TOWN MAGISTRATE.
The Town Magistrate shall be the presiding officer of the Magistrate’s Court and shall be selected by the Council and shall perform those functions necessary to the maintenance of the Magistrate’s Court as provided by state statute.
(A.R.S. § 22-402) (1986 Code, § 3-2-6)
§ 31.26 BUILDING OFFICIAL.
The Building Official shall receive applications required by this code, issue permits and furnish the prescribed certificates. He or she shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with. He or she shall enforce all provisions of the Building Code.
(1986 Code, § 3-2-7)
Cross-reference:
Building Code, see Chapter 150
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PURCHASING
§ 31.40 APPLICABILITY OF PROVISIONS.
(A) Professional services. Unless required by the Council, the provisions of this subchapter shall not apply to professional services. Such services shall include but not be limited to, the following: physicians, attorneys, engineers, accountants and similar professions.
(1987 Code, § 3-4-8)
(B) Cooperative purchasing.
(1) This subchapter shall not apply to purchases made by, through or with the state or its political subdivisions.
(2) The town may make purchases or award contracts for services without a formal bidding process whenever other governmental units have done so for the same item or service if, in the opinion of the purchasing agent, a separate bidding process is not likely to result in a lower price for such items or services.
(1986 Code, § 3-3-9)
§ 31.41 PROCEDURE GENERALLY.
(A) The Town Treasurer shall be the purchasing agent for the town. No purchase or contract for services of any kind or description, payment for which is to be made from funds of the town, shall be made by the purchasing agent, or any officer, employee or agent of the town, except in the manner set forth in this subchapter, and unless the purchase is in accordance with the adopted town budget. (1986 Code, § 3-3-1)
(B) The town purchasing and procurement policy shall be established by Town Council resolution which may be changed or modified at any time separate from the rest of this code. The change by resolution will become a part of this code immediately upon adoption.
(C) The town purchasing and procurement policy shall be adopted separately by the Town Council and may be updated or changed at the discretion of the Council.
(Am. Ord. 2010-02, passed 7-12-2010)
§ 31.42 PERFORMANCE BOND.
The purchasing agent shall have the authority to require a performance bond, in cash or otherwise, for such amount as he or she may deem sufficient to secure the execution of the contract for the best interest of the town.
(1986 Code, § 3-3-5)
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General Administration Provisions 23
§ 31.43 EMERGENCY PROCEDURES.
In case of an emergency which requires immediate purchases of supplies or services and when time is of the essence, a Department Head or Supervisor shall be authorized to purchase or secure services without complying with the procedures of this subchapter. A full report in writing of the circumstances of any emergency purchase shall be filed by the purchasing agent with the Town Council at its next meeting.
(1986 Code, § 3-3-6) (Am. Ord. 2010-02, passed 7-12-2010)
§ 31.44 FORMS.
The Purchasing Agent shall prescribe and maintain such forms as he or she shall find necessary for the operation of the provisions of this subchapter.
(1986 Code, § 3-3-7)
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CHAPTER 32: POLICE AND FIRE DEPARTMENTS
Section
Police Department
32.01 Created; composition
32.02 Appointment of officers
32.03 Compensation of officers
32.04 Departmental rules and regulations
32.05 Duties of the Police Department
32.06 Answering calls outside the town
Fire Department
32.20 Composition
32.21 Entry upon adjacent property
32.22 Acknowledgment of right-of-way
32.23 Fire alarms
32.24 Orders of Fire Chief
32.25 Fire Code
Statutory reference:
Power of Council to regulate police and fire, see A.R.S. § 940-240(B)(12) and (7)
POLICE DEPARTMENT
§ 32.01 CREATED; COMPOSITION.
There is hereby 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 police officers as may from time to time be deemed necessary by the Council for the safety and good order of the town.
(1986 Code, § 4-1-1)
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§ 32.02 APPOINTMENT OF OFFICERS.
(A) The Chief of Police shall be appointed by the Council and shall serve at the pleasure of the Council.
(B) The Council shall appoint as many police officers as may from time to time be deemed necessary for the safety and good order of the town.
( 1986 Code, § 4-1-2)
§ 32.03 COMPENSATION OF OFFICERS.
The Chief of Police and the police officers of the town shall be compensated as determined by the Council. The Chief of Police shall not receive any perquisites, commissions or compensation for his or her services as Chief of Police Town Marshal or Tax Collector, except as the Council may prescribe. (1986 Code, § 4-1-3)
§ 32.04 DEPARTMENTAL RULES AND REGULATIONS.
The Police Department shall be operated and managed in accordance with such departmental rules and regulations as may from time to time be adopted by the Council.
(1986 Code, § 4-1-4)
§ 32.05 DUTIES OF THE POLICE DEPARTMENT.
It is the duty of the Police Department, under the direction of the Chief of Police, to:
(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) Take charge of the town jail and all prisoners confined therein, and all those who are sentenced to labor on the streets or public works of the town and to see that orders and sentences with reference to such are fully executed and complied with;
(C) Deliver any persons who may be confined in the jail upon conviction of a crime committed under the jurisdiction of the Magistrate’s Court to any authorized officer of the town who shall at any time demand the prisoners. Any such authorized person so demanding and receiving such prisoners shall work those prisoners on the streets or alleys of the town or on any and all authorized work as may be determined by the Council;
Police and Fire Departments 27
(D) Render such account of the Police Department, its duties and receipts as may be required by the Council and keep records of the office open to inspection by the Council at any time, except those records as may be exempted by state or federal law;
(E) Enforce the traffic regulations of the town as specified in Title VII of this code and enforce the traffic laws of the state within the limits of the town;
(F) Inspect and ascertain the condition of traffic control devices of every description which have been erected within the town on the authority of the Council and notify the Council of any defects found therein;
(G) Perform such additional duties as may be required by the Council;
(H) Submit a monthly report to the Council with such information as may be required by the Council; and
(I) Any peace officer or duly authorized agent of the town may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of any provision of this code, and to serve a copy of the traffic complaint for any alleged civil or criminal violation of this code.
(1986 Code, § 4-1-5)
§ 32.06 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 whenever the Chief of Police in his or her discretion shall deem it necessary to protect lives and property.
(1986 Code, § 4-1-6)
FIRE DEPARTMENT
§ 32.20 COMPOSITION.
The Colorado City Fire District shall be the acting fire authority for the Town of Colorado City and all rules, regulations and requirements shall be in force or effective herein.
( 1986 Code, § 4-2-1)
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§ 32.21 ENTRY UPON ADJACENT PROPERTY.
It is lawful for any firefighter acting under the direction of the Chief or another officer in 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 controlling, containing or extinguishing the fire, and no person shall hinder, resist or obstruct any firefighter in the discharge of his or her duty.
(1986 Code, § 4-2-2) Penalty, see § 10.99
§ 32.22 ACKNOWLEDGMENT OF RIGHT-OF-WAY.
(A) Each member of the Department who drives a private motor vehicle in an official capacity shall be issued suitable insignia which may be attached to the motor vehicle. All motor equipment of the Department shall have right-of-way over all other traffic when responding to an alarm.
(B) No unauthorized vehicle shall follow within 500 feet of any apparatus belonging to the Department nor park any vehicle or otherwise cause any obstruction to be placed within 20 feet of the driveway entrance to any fire station or other place where fire apparatus is stored and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance or within 15 feet of any fire hydrant.
(C) No person shall drive any vehicle over a fire hose, whether charged or flat, except upon specific orders from the Chief or other officer in charge where the hose is used.
(A.R.S. §§ 28-624, 28-775 and 28-873) (1986 Code, § 4-2-3) Penalty, see § 10.99
§ 32.23 FIRE ALARMS.
(A) Suitable arrangements or equipment, such as the 9-1-1 public service answering point, may be provided for citizens to turn in an alarm and for notifying all members of the Department so that they may promptly respond.
(B) It is unlawful for any person knowingly to turn in or cause to be turned in a false alarm. (1986 Code, § 4-2-4) Penalty, see § 10.99
§ 32.24 ORDERS OF FIRE CHIEF.
(A) It is unlawful for any firefighter or citizen to refuse to obey an order issued by the Fire Chief pursuant to his or her authority.
(B) (1) The Fire Chief shall 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.
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(2) For the purpose of conducting the inspection, the Chief is hereby empowered to enter any and all buildings and premises within the town at any reasonable hour.
(3) Any person served with such written notice shall comply and notify the Chief of his or her compliance within 30 days from the date of service of notice.
(1986 Code, § 4-2-5) Penalty, see § 10.99
§ 32.25 FIRE CODE.
The Fire Code of the Town of Colorado City shall be adopted as outlined in Chapter 150: Building Code of the town code.
(1986 Code, § 4-3)
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CHAPTER 33: TOWN MAGISTRATE
Section
33.01 Magistrate Court established; jurisdiction
33.02 Town Magistrate
33.03 Powers and duties of Town Magistrate
33.04 Proceedings of court
33.05 Administrative fee schedule; court enhancement fund; jail cost recovery
Statutory reference:
Establishment and jurisdiction of municipal courts, see A.R.S. § 22-402 et seq.
§ 33.01 MAGISTRATE COURT ESTABLISHED; JURISDICTION.
There is hereby established in the town a Magistrate’s Court which shall have jurisdiction of all violations of this code, and jurisdiction 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.
(1986 Code, § 5-1)
§ 33.02 TOWN MAGISTRATE.
(A) The presiding officer of the Magistrate’s Court shall be the Town Magistrate, who shall be appointed by the Council.
(B) The Magistrate shall serve for a term of 2 years with the beginning and end of the term to be specified at the time of appointment. During such term, a Magistrate may be removed only for cause. (1986 Code, § 5-2-1)
§ 33.03 POWERS AND DUTIES OF TOWN MAGISTRATE.
The powers and duties of the Magistrate shall include:
(A) The powers and duties set forth and conferred upon him or her under the provisions of the state constitution and statutes, this code and the ordinances and resolutions of the town;
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(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 monies as provided by law;
(D) Payment of all fees, fines, penalties and other monies 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;
(G) Designation of a deputy other than a law enforcement officer and a specific location at which the deputy shall, during the hours when the court is not open, set the amount of bail in accordance with the foregoing schedule and collect the bail, or accept proper bail bonds in lieu thereof, for and on behalf of the court; and
(H) Preparation of a schedule of civil traffic violations listing a specific deposit for each violation. The Magistrate shall designate a person, a specific location and the hours which such person will be at the location to accept proper deposits for civil traffic violations for and on behalf of the court.
(1986 Code, § 5-2-2)
§ 33.04 PROCEEDINGS OF COURT.
(A) (1) 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.
(2) 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) (1) If the Magistrate is satisfied that the offense complained of has been committed by the person charged, he or she shall issue a summons or a warrant of arrest.
(2) 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.
(1986 Code, § 5-3-1)
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§ 33.05 ADMINISTRATIVE FEE SCHEDULE; COURT ENHANCEMENT FUND; JAIL COST RECOVERY.
(A) Warrant and suspension fees.
(1) Warrant fee. The Magistrate Court may collect a warrant fee of $75 for each warrant the court is required to issue as the result of a failure to appear, which includes any failure to appear at a scheduled, or otherwise required court appearance. This fee applies to all forms and types of warrants and shall be added to the amount set forth in the arrest warrant.
(2) Suspension fee. The Colorado City Magistrate Court may collect a suspension fee of $75 for each suspension of an Arizona driver’s license or privilege to drive in the State of Arizona which the court is required to issue as the result of a failure to pay civil sanction, or a default judgment in a civil traffic matter.
(3) Deposit into general fund. All warrant and suspension fees collected under this section shall be received by the Magistrate Court in a manner consistent with the Arizona Supreme Court accounting standards, and shall be conveyed together with a summary explanation to the Town Treasurer for deposit.
(B) Court enhancement fee.
(1) Court enhancement fee.
(a) The Colorado City Magistrate Court may collect a court enhancement fee of $10 which shall be assessed in addition to any fine, sanction or penalty imposed by the court.
(b) The court enhancement fee shall be collected after the statutory priorities of restitution and time payment fees if applicable.
(c) The court enhancement fee shall be received by the court in a manner consistent with the Arizona Supreme Court accounting standards.
(2) Court enhancement fund.
(a) The court enhancement fund shall be established as a fund account so designated with the town’s Finance Director for the purpose of receiving the court enhancement fee.
(b) Interest earned on fund monies shall be deposited into the fund.
(c) The court enhancement fund shall be used at the sole discretion of the Magistrate Court to the limit of available account balance, as appropriated by the Town Council.
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(d) The Town Magistrate may use court enhancement funds in conjunction with any other court or courts in any common projects, programs or uses which may benefit the Magistrate Court’s operations.
(C) Jail costs recovery fee.
(1) Jail costs recovery fee.
(a) The Colorado City Magistrate Court may require any person who is convicted of a misdemeanor criminal offense and sentenced to a term of incarceration to reimburse Town of Colorado City for all or any part of the actual expenses the town has or will incur by reason of the incarceration.
(b) The maximum amount ordered for reimbursement under this section shall not exceed the number of days the misdemeanant is actually incarcerated, multiplied by the actual costs per day, including any part of a 24-hour period which shall be considered 1 day and other related costs.
(2) Factors to be considered. The Town Magistrate may determine the amount of incarceration costs to be paid based on the following factors:
(a) The per diem per person cost of incarceration incurred by the town; and
(b) The person’s ability to pay all or part of the incarceration costs.
(D) Collection fees. Any defendant who defaults in his or her obligation for the payment of monies owed or due Colorado City Magistrate Court including, but not limited to, restitution, fines, surcharges, assessments, penalties, bond, costs and fees is liable for all costs of collection including attorney fees and costs and/or any fees and charges assessed by a collection agency that is licensed pursuant to A.R.S. Title 32, Ch. 9, Art. 2, and that is engaged legally by contract or otherwise to act on behalf of the Colorado City Magistrate Court for the purpose of collecting the aforementioned obligations. All such costs and fees, including legal fees and court costs related to collection assessed by the collection agency may be added to the sum or sums due from and chargeable to the defendant.
(E) Waiver; suspension; deferral. The Town Magistrate or Associate Town Magistrate or Hearing Officer may waive, suspend or defer payment of all or part of any fee upon a determination of economic hardship on the part of the defendant, or in the interests of justice.
(F) Community service conversion. The Magistrate Judge may convert all or part of any fee to community service time at a rate consistent with the court’s community service program. Upon approval of the Judge, a court collections officer may convert all or part of any fee to community service time.
(G) Fee imposed. If any fee imposed herein is determined by a court of competent jurisdiction to be unenforceable to whole or in part, the other fees imposed herein shall not be affected and shall remain fully enforceable.
(Ord. 99-03, passed 11-15-1999)
CHAPTER 34: TAX CODE
Editor’s Note:
The Tax Code is set out at length herein. No stylistic changes have been made, but the following
Tax
Code has been updated through Ord. 2011-02, passed 9-12-2011, copies of which are on file in the office of the Town Clerk.
2014 S-2 35
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Tax Code 37
SECTION DESCRIPTION
ARTICLE I – GENERAL CONDITIONS AND DEFINITIONS
1 Words of tense, number and gender; code references.
100 General definitions.
Assembler
Broker (Reg. 100.1) Business
Business day
Casual activity or sale Combined taxes Commercial property Communications channel Construction contracting Construction contractor
Delivery (of notice) by the Tax Collector
Delivery, installation, or other direct customer services (Reg. 100.2) Engaging
Equivalent excise tax Federal government Food
Hotel
Job printing Lessee Lessor
License (for use) Lodging (lodging space) Manufactured buildings Manufacturer
Medical Marijuana
Mining and metallurgical supplies Modifier
Nonprofit entity
Occupancy (of real property) Out-of-Town sale
Out-of-State sale Owner-builder Person Prosthetic
Qualifying community health center Qualifying health care organization Qualifying hospital
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Receipt (of notice) by the taxpayer Remediation
Rental equipment Rental supply Repairer
Resides within the Town Restaurant
Retail sale (sale at retail) Retailer (Reg. 100.3) Sale
Solar Daylighting Solar Energy Device Speculative builder Substantially complete Supplier
Tax Collector Taxpayer
Telecommunication service Transient
Utility service
110 Definitions: income-producing capital equipment. (Reg. 110.1)
(a) includes, subject to (d):
(1) machinery or equipment (Reg. 110.2)
(2) mining
(3) telecommunications
(4) electrical generation or transmission
(5) pipes or valves
(6) aircraft instruments
(7) aircraft machinery, equipment
(8) railroad rolling stock
(9) oil/gas drilling equipment
(10) urban mass transit vehicles
(11) utility services
(12) groundwater measuring devices
(13) research and development
(14) (Reserved)
(15) liquid, solid or gaseous chemicals
(16) cleanrooms
(17) soundstage complex
(18) satellite television or data transmission service
(19) poultry and eggs
(20) control of land, water or air pollution
(21) television signals
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(b) ancillary equipment to remove waste products, except (d).
(c) repair and replacement parts
(d) definition does not include:
(1) expendable materials
(2) janitorial equipment and hand tools
(3) office equipment, furniture, supplies
(4) sales/distribution
(5) motor vehicles licensed for road use
(6) certain materials
(7) motors and pumps for drip irrigation
(e) aircraft definitions
(1) aircraft simulator or component parts
(2) other accessories and related equipment defined
115 Definitions: computer software; custom computer programming (Reg 115.1)
(a) computer software
(b) custom computer programming
120 Definitions: food for home consumption. (Reg. 120.1)
(a) (1) Eligible grocery business
(2) Facilities for the consumption of food
(3) Food for consumption on the premises
(4) Hot prepared food
(5) Premises
(b) Food for home consumption
ARTICLE II – DETERMINATION OF GROSS INCOME
200 Determination of gross income: in general.
(a) Includes:
(1) value from sales of property or service
(2) total sale or lease price
(3) receipts, cash, barter, exchange, reduction of debt, etc.
(4) including deposits and deferred payments (Reg. 200.1)
(b) Barter, exchange, trade-outs, etc.
(c) No deduction for cost, losses, etc.
210 Determination of gross income: transactions between affiliated companies or persons. 220 Determination of gross income: artificially contrived transactions.
40 Colorado City – Administration
230 Determination of gross income based upon method of reporting.
(a) Cash basis
(b) Accrual basis
240 Exclusion of cash discounts, returns, refunds, trade-in values, vendor-issued coupons, and rebates from gross income.
(a) (1) cash discounts
(2) returns
(3) trade-ins
(4) vendor-issued coupons
(5) rebates
(6) cash rebate on motor vehicles
(b) subsequent period reduction may still be excluded if reported as taxable in prior period.
250 Exclusion of combined tax from gross income; itemization; notice; limitations.
(a) when tax separately collected/charged
(1) remittance of all tax collected/charged (Reg. 250.1).
(2) itemization
(b) when tax has not been separately charged/collected.
260 Exclusion of fees and taxes from gross income; limitations.
(a) registration fees, license fees and taxes.
(b) F.E.T. on heavy trucks and trailers.
(c) certain State excise taxes, fees and surcharges.
(d) motor vehicle dealer documentation fees.
265 (Reserved)
266 Exclusion of motor carrier revenues from gross income.
(a) motor carrier subject to State Tax
(b) lightweight motor vehicle subject to State Tax
(c) leasing a motor vehicle subject to State Tax
(d) sale of motor vehicle or parts subject to State Tax
270 Exclusion of gross income of persons deemed not engaged in business.
(a) Definitions
(1) Federally exempt organization
(2) Governmental entity
(3) Non-licensed business
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(4) Proprietary club
(5) Public educational entity
(b) Governmental entities, non-licensed businesses, and public educational entities do not have taxable gross income except “proprietary activities” of municipalities (Reg. 270.1)
(c) Federally exempt organizations and proprietary clubs do not have taxable gross income except:
(1) proprietary clubs 15% rule on revenue (Reg. 270.2)
(2) unrelated business income
(3) (Reserved)
(d) Sales or leases to (a) taxable unless licensed and paying a tax on resales/leases income.
(e) Franchisees and concessionaires of such do not share their exemption.
(f) Purchase by such for own use and storage taxable.
280 (Reserved)
285 (Reserved)
290 (Reserved)
ARTICLE III – LICENSING AND RECORDKEEPING
300 Licensing requirements.
(a) Who must apply (Reg. 300.1)
(1) all subject to Privilege Tax
(2) all subject to Use Tax
(3) rental occupancy tax
(b) Multiple activities at one location
(c) Limitation
305 Special licensing requirements.
(a) Partnerships
(b) Corporations
(c) Multiple locations
(d) (Reserved)
310 Licensing: duration of license; transferability; display.
(a) Valid until surrendered/cancelled/revoked.
(b) Non-transferable between owners or locations, and must be publicly displayed at business location.
(c) Replacement of license treated as new license for purposes of application and fee.
(d) (Reserved)
(e) (Reserved)
(f) (Reserved)
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(g) (Reserved)
(h) (Reserved)
(i) (Reserved)
(j) (Reserved) 315 (Reserved)
320 Licensing: cancellation; revocation.
(a) Cancellation if inactive.
(b) Revoked for failure to comply.
(c) Notice and Hearing
(d) Reinstatement
330 Operating without a license.
350 Recordkeeping requirements. (Reg. 350.1, Reg. 350.2, Reg. 350.3)
(a) Must maintain books and records for limitation period and make available to Tax Collector during any business day; electronic filing.
(b) Tax Collector can specify books and records kept after audit reveals inadequate recordkeeping.
360 Recordkeeping: claim of exclusion, exemption, deduction, or credit; documentation; liability. (Reg. 360. 1, Reg. 360.2)
(a) Claim of exemption must be documented.
(b) Vendee’s claim of exemption shifts tax liability to vendee.
370 Inadequate or unsuitable records. If records inadequate, taxpayer must either:
(1) provide other suitable records, or
(2) correct/reconstruct records.
ARTICLE IV – PRIVILEGE TAXES
400 Imposition of Privilege Taxes; presumption.
(a) Taxes imposed:
(1) privilege taxes on gross incomes specified below
(2) privilege taxes on rental occupancy
(b) Taxes imposed by this Chapter in addition to others.
(c) Presumption.
(d) Limitation of exemptions, deductions, and credits.
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405 Advertising. (Reg. 405.1, Reg. 405.2)
(a) Measure of tax; rate; definition of “local advertising”.
(b) (Reserved) 407 (Reserved)
410 Amusements, exhibitions, and similar activities.
(a) Measure of tax; rate.
(1) Charges for admission or amusement.
(2) Health spas, fitness centers and related activities.
(b) Deductions or Exemptions:
(1) Income from green fees
(2) Ride ticket sales
(3) Hotel Income (Sec. 444)
(4) Income specifically included in other business activities
(5) Income from arrangement of transportation
(c) Arrangement of amusement as a service
415 Construction contracting: construction contractors. (Reg. 415.1, Reg. 415.2)
(a) Measure of tax; rate.
(1) Exclusion of groundwater measuring devices.
(2) (Reserved)
(3) Exclusion of manufactured buildings.
(4) Exclusion of architectural/engineering services.
(b) Deductions and exemptions.
(1) subcontracting (2) 35%
(3) purchase of income-producing capital equipment
(4) installation of income-producing capital equipment
(5) raising poultry; eggs
(6) cleanrooms
(7) control of land, water or air pollution
(8) post-construction termite or pest control
(9) lake facility development
(10) development fees to offset governmental costs
(11) solar energy devices
(c) Subcontractors.
(1) Working for another contractor.
(2) Working for an owner building for sale.
(3) Selling new manufactured buildings.
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416 Construction contracting: speculative builders. (Reg. 416.1, Reg. 416.2)
(a) Measure of tax; rate.
(1) sales price at close of escrow
(2) improved real property
(3) sale
(4) partially improved residential real property
(b) Exclusions
(1) prior value for reconstruction
(2) land not deductible
(3) (Reserved)
(4) stipulations for exclusion of gross income
(5) architectural/engineering services
(c) Deductions and exemptions.
(1) exemptions
(2) deductions
(3) tax credits
417 Construction contracting: owner-builders who are not speculative builders.
(a) Measure of tax; rate.
(1) payments to subcontractors
(2) purchases of building materials
(b) Architectural/engineering services.
(c) Deductions and exemptions.
(1) exemptions
(2) deductions
(3) tax credits
(d) Reporting; statute of limitations.
(e) (Reserved) 418 (Reserved)
420 (Reserved)
425 Job printing. (Reg. 425.1)
(a) Measure of tax; rate.
(b) Deductions
(1) job printing for resale
(2) out-of-Town sales
(3) out-of-State sales
(4) (Reserved)
(5) sales to qualifying hospitals, health centers or health care organizations
(6) (Reserved)
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427 Manufactured buildings
(a) Measure of tax; rate
(b) Sale of used manufactured buildings
(c) Furniture, appliances taxed under retail
(d) Trade-ins and tax liability 430 Timbering and other extraction.
(a) Measure of tax; rate.
(1) timbering
(2) oil and gas extraction/refining
(b) Tax based on location of activity, not location of sale.
(c) If shipped out-of-state unsold, tax based on value at time of shipment.
(d) (Reserved) 432 Mining.
(a) Measure of tax; rate
(b) Rate applied to value of entire product
(c) If shipped out-of-state unsold, tax based on value at time of shipment.
435 Publishing and periodicals distribution. (Reg. 435.1)
(a) Measure of tax; rate.
(1) publishing in the Town
(2) distribution of periodicals not published in the Town
(b) Location of publication
(c) Subscription income
(d) Circulation
(e) Allocation of taxes between cities and towns.
(1) allocation by circulation in taxing municipalities
(2) allocation of balance between locations of publication
(f) Sales to qualifying hospitals, health centers or health care organizations 440 Rental occupancy tax.
444 Hotels.
(a) Person.
(b) Exclusions:
(1) Income from incarcerating prisoners
(2) Income specifically included in other business activities
(3) Income not subject to tax under this Article
(4) Income not subject to tax under Sec. 410, Sec 475
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(5) Commissions
(6) Income from providing telecommunication services
445 Rental, leasing, and licensing for use of real property. (Reg. 445.1, Reg. 445.2, Reg. 445.3)
(a) Measure of tax; rate.
(1) reimbursements for property tax, repairs, improvements
(2) charges for services
(3) special case telecommunication services
(b) Exemption for utility reimbursement based upon separate meter
(c) Exemption for qualifying hospital, health center or health care organization
(d) Exemption for joint pole use charges.
(e) Exemption for rental to nonprofit primary health care facilities.
(f) (Reserved)
(g) (Reserved)
(h) (Reserved)
(i) (Reserved)
(j) Exemption for hotels (See Sec. 12-444).
(k) (Reserved)
(l) (Reserved)
(m) (Reserved)
(n) use of apartment by employee
(o) Incarcerating prisoners
(p) Exemption for hospital, any licensed nursing care institution, or any kidney dialysis facility.
(q) Exemption for patients receiving “personal care” or “directed care”, by any licensed assisted living facility.
(r) Income received from rental of “low – income unit” as established under IRC Sec. 42.
(s) Exemption for leases between affiliated corporations; reciprocal insurers.
446 (Reserved)
447 Rental, leasing, or licensing for use of real property: additional tax upon transient lodging. (Reg.
447.1)
450 Rental, leasing or licensing for use of tangible personal property. (Reg. 450.1, Reg. 450.2, Reg.
450.3)
(a) Measure of tax; rate.
(b) Special provisions relating to long-term motor vehicle leases
(c) Exemptions
(1) rent for re-rent
(2) semi-permanently or permanently installed in another taxing city (Reg. 450.4)
(3) motion picture films, etc. to amusement, etc. businesses
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(4) (A) prosthetics
(B) income-producing capital equipment
(C) mining and metallurgical supplies.
(5) to a qualifying hospital, health center or health care organization
(6) delivery, installation, repair, maintenance charges
(7) joint pole use charges
(8) (Reserved)
(9) aircraft acquired for use outside State
(10) alternative fuel vehicles
(11) leasing of solar energy devices 452 (Reserved)
455 Restaurants and bars.
(a) Measure of tax; rate. (Reg. 455.1)
(b) Delivery, set-up, and clean-up charges of off-premises restaurants
(c) Sales to qualifying hospitals, health centers or health care organizations
(d) Sales to commercial airlines
(e) Sales to public education entities
(f) Accessories defined
460 Retail sales: measure of tax; burden of proof; exclusions.
(a) Measure of tax; rate (Reg. 460.2, Reg. 460.3, Reg. 460.6)
(b) Burden of proof
(c) Exclusions
(1) stocks, bonds, etc.
(2) lottery tickets
(3) bullion and monetized bullion (Reg. 460.5)
(4) taxable elsewhere in this Chapter (Reg. 460.1)
(5) professional services (Reg. 460.4)
(d) (Reserved)
(e) Seller’s business location takes precedence between cities
(f) Tax liability based upon seller’s location
(g) prepaid calling cards 465 Retail sales: exemptions.
(a) sales for resale (Reg. 465.3)
(b) out-of-Town sales or out-of-State sales
(c) delivery, installation, or other direct customer services
(d) repair labor (Reg. 465.1)
(e) sales of warranty contracts (Reg. 465.2)
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(f) prosthetics
(g) income-producing capital equipment
(h) rental equipment and rental supplies
(I) mining and metallurgical supplies
(j) fuels subject to Arizona fuel use tax; natural gas for motor vehicles
(k) sales to a licensed construction contractor
(l) motor vehicle sales to nonresidents for use outside State
(m) component or ingredient parts sold to job printers, manufacturers, or publishers
(n) sales to the Federal government:
(1) 100% by assembler, manufacturer, modifier, repairer
(2) 50% otherwise
(o) food to restaurants
(p) sales to qualifying hospitals, health centers or health care organizations
(q) food for home consumption
(r) sales to farmers, ranchers, etc. of:
(1) seed and agricultural chemicals
(2) animal feed
(3) animals for slaughter
(4) animals for breeding and production
(s) groundwater measuring devices
(t) (Reserved)
(u) aircraft acquired for use outside the State (Reg. 465.4)
(v) sales of food products by producers
(w) (Reserved)
(x) (Reserved)
(y) (Reserved)
(z) (Reserved)
(aa) personal property used in remediation contracting (bb) printed or electronic materials sold to libraries (cc) food and accessories sold to commercial airlines
(dd) wireless telecommunications equipment; commissions (ee) wireless telecommunications equipment; sale for resale (ff) sales of alternative fuel; used oil fuel burners
(gg) food and accessories sold to educational facilities (hh) personal hygiene items; hotels
(ii) fueling compressor equipment
(jj) food and accessories sold to nonprofit charitable organizations (kk) sales of alternative fuel vehicles
(ll) solar energy devices
470 Telecommunication services. (Reg. 470.1)
(a) Measure of tax; rate
(1) telecommunication services definition
(2) gross income definition
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(b) Resale telecommunication services
(c) Interstate transmissions
(d) (Reserved)
(e) (Reserved)
(f) prepaid calling cards
(g) Internet access services
475 Transporting for hire. (Reg. 475.1)
(a) Railroads
(b) Pipelines
(c) Aircraft (freight only)
(d) Motor vehicles, except:
(1) income subject to the State Ton-Mile Tax
(2) governmentally adopted urban mass transit
(3) (Reserved)
(4) (Reserved)
(e) (Reserved)
(f) Deductions or Exemptions:
(1) Arrangement of amusement as a service
(2) Income specifically included in other business activities
(g) Income from arrangement of transportation 480 Utility services.
(a) Measure of tax; rate.
(1) services to in-Town residents
(2) out-of-Town customers
(b) Sales of natural gas for generation of electricity deemed retail sales
(c) Resale utility services
(d) (Reserved)
(e) Sales to qualifying hospitals, health centers or health care organizations
(f) Sales of natural gas or liquefied petroleum gas for motor vehicles
(g) Contributions received in aid of construction
(h) Sales of alternative fuel to used oil fuel burner 485 (Reserved)
ARTICLE V – ADMINISTRATION
500 Administration of this Chapter; rule making.
(a) Administration vested in the Tax Collector
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50 Colorado City – Administration
(c) Town Council approves Regulations
(d) Taxpayer bill of rights
(e) Uniform guidelines
510 Divulging of information prohibited; exceptions.
(a) Divulging information prohibited except as provided here
(b) Town Council authorized examination by another U.S. jurisdiction
(c) Tax Collector can provide information to another Arizona privilege tax administration
(d) Successors, receivers, trustees, etc.
(e) Town Attorney authorized to collection agencies
(f) Other Arizona Town when tax paid to wrong city
(g) Others involved in allocation of publishing tax
(h) By agreement approved by Town Council with another jurisdiction.
515 (Reserved)
516 (Reserved)
517 (Reserved)
520 Reporting and payment of tax.
(a) Returns (Reg. 520.1)
(b) Payment
(c) Requirement of security
(d) Method of reporting: “cash basis” or “accrual basis” (Reg. 520.2)
(1) all income to be reported by same method
(2) special considerations for construction contractors:
(A) prime contractors
(B) speculative builders
(C) other owner-builders
530 When tax due; when delinquent; time for making return; verification of return; extensions.
(a) Report on same date as state sales tax
(b) (Reserved)
(c) (Reserved)
(d) (Reserved)
(e) Extensions
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540 Interest and civil penalties.
(a) (Reserved)
(b) (Reserved)
(c) (Reserved)
(d) (Reserved)
(e) (Reserved)
(f) (Reserved)
(g) (Reserved)
(h) (Reserved)
(I) (Reserved) 541 (Reserved)
542 Prospective application of new law or interpretation or application of law.
(a) Prohibition of retroactive application of tax
(b) New or additional category or type of business
(1) applies prospectively only
(2) no retroactive assessment based new interpretation or application
(c) Includes policies and procedures which differ from established interpretations
(d) (Reserved)
545 Deficiencies; when inaccurate return is filed; when no return is filed; estimates.
(a) Tax Collector may recompute or estimate
(1) (Reserved)
(2) (Reserved)
(b) Estimates; presumption 546 (Reserved)
550 Limitation periods.
(a) Deficiency assessments
(b) (Reserved)
(c) No limitation if no return filed, fraud, operating without license
(d) Special provisions relating to owner-builders
555 Tax Collector may examine books and other records; failure to provide records.
(a) Tax Collector can examine books and records
(b) (Reserved)
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(d) Tax Collector may use any generally accepted auditing standards or procedures
(e) Failure to keep or provide adequate records allows Tax Collector can estimate
(f) (Reserved) 556 (Reserved)
560 Erroneous payment of tax; credits and refunds; limitations.
(a) Tax Collector may authorize credits and refunds.
(b) (Reserved)
(c) Information to be included in credit or refund claim.
(d) (Reserved)
(e) (Reserved)
(f) Interest allowed on overpayment of tax per Section 540.
(g) Allowance/denial of credit is subject to appeal per Section 570.
(h) Claimants shall be subject to the Taxpayer Bill of Rights.
(I) (Reserved)
(j) Refunds made from Privilege Tax revenue accounts.
565 Payment of tax by incorrect taxpayer or to the incorrect Arizona city or town.
(a) Transfer of tax paid by wrong taxpayer
(b) Assignment and waiver requirements
(c) Tax paid to wrong city will be remitted to correct city upon signed assignment and waiver
(d) A.R.S. § 42-1452 will govern.
(e) “Other city” means State Department of Revenue if city in State Collection Program.
567 (Reserved)
570 Administrative review; petition for hearing or for redetermination; finality of order.
(a) Informal conference with auditor prior to assessment
(b) Administrative review
(1) filing a petition
(2) (Reserved)
(3) (Reserved)
(4) (Reserved)
(5) hearings
(6) (Reserved)
(7) (Reserved)
(8) (Reserved)
(c) (Reserved)
(d) (Reserved)
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571 Jeopardy assessments. (Reg. 571.1)
(a) If jeopardy assessment, Tax Collector will notify taxpayer at time of assessment, and demand immediate payment
(b) Taxpayer must file request for administrative review together with posting bond or collateral within 10 days
(c) (Reserved)
(d) (Reserved)
(e) (Reserved) 572 (Reserved)
575 Judicial review.
(a) Taxpayer’s appeal
(b) (Reserved)
(c) (Reserved)
(d) (Reserved)
(e) Burden of proof
(f) No estoppel
(g) Counterclaims 577 (Reserved)
578 (Reserved)
580 Criminal penalties
(a) It is unlawful to knowingly or willfully:
(1) fail/refuse to file a return
(2) fail/refuse to pay tax when due
(3) make false/fraudulent return
(4) make false/fraudulent statement to claim tax exemption
(5) fail/refuse to permit lawful examination of books or records
(6) fail/refuse to remit taxes collected from customer
(7) advertise that tax is not a consideration of price
(8) fail/refuse to obtain a Privilege License
(9) falsify/forge document to obtain an exemption
(b) Such acts constitute a Class One Misdemeanor
(c) In addition, knowingly swearing to a false statement subject to laws of perjury
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590 Civil actions.
(a) Liens
(1) Town can file a lien for tax, penalty or interest due
(2) Lien recording and filing
(3) Filing a lien does not preclude any other collection methods
(4) Liens can be released in whole or in part upon payment
(b) Actions to recover tax
595 Collection of taxes when there is succession in and/or cessation of business.
(a) This is in addition to any other provisions in the Town Code
(b) Taxes due are lien on property
(c) Foreclosure or similar transfer of improved real property
(1) Special considerations related to the foreclosing creditor
(2) Use by the creditor reverts liability to sale of foreclosure bid price
(3) Tax liability based on subsequent sale by the creditor
(4) Potential refund in the case of payment by the debtor
(5) Creditor must be licensed on date of tax liability
(d) Back taxes due are liability of:
(1) seller if received Certificate at time of sale
(2) buyer otherwise 596 (Reserved)
597 (Reserved) ARTICLE VI – USE TAX
600 Use tax: definitions.
Acquire (for Storage or Use) Retailer
Storage (within the Town)
Use (of tangible personal property) 601 (Reserved)
602 (Reserved)
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610 Use tax: imposition of tax; presumption.
(a) Imposition of tax
(b) Measure of tax; rate
(1) cost of goods stored or used in the Town
(2) gross income by an out-of-Town retailer who collects use tax
(3) parts used in warranty contracts at cost
(4) cost of complementary items
(5) cost of employee meals
(c) Presumption
(d) Exclusions
(1) stocks, bonds, etc.
(2) lottery tickets
(3) bullion and monetized bullion
(e) (Reserved)
620 Use tax: liability for tax.
(a) Any person who uses or stores in the Town tangible personal property acquired from a retailer
(b) Any retailer not located in the Town who is licensed to collect Use Tax
(c) Any agent of a retailer not maintaining a place of business within the Town who sells or leases tangible personal property within the Town
(d) Any purchaser or lessor of tangible personal property within the Town, who claimed exemption from tax at time of purchase/lease from a retailer
(e) Any person using parts to fulfill a warranty contract 630 Use tax: recordkeeping requirements.
640 Use tax: credit for equivalent excise taxes paid to another jurisdiction
650 Use tax: exclusion when acquisition subject to Use Tax is taxed or taxable elsewhere in this Chapter; limitation.
660 Use tax: exemptions.
(a) property brought into the Town by a nonresident for personal use
(b) property less than $1000 brought into the Town by a resident for personal use
(c) delivery, installation, or other direct customer services
(d) repair services
(e) warranty service contracts
(f) prosthetics
(g) income-producing capital equipment
(h) rental equipment and rental supplies
(i) mining and metallurgical supplies 2014 S-2
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(j) fuels subject to Arizona fuel use tax
(k) building materials used by a construction contractor in construction contracting
(l) sales of motor vehicles to nonresidents for use outside State
(m) component or ingredient parts purchased by job printers, manufacturers, or publishers
(n) leases of motion picture film, etc. to an amusement business, etc. to generate income
(o) food served to patrons by restaurants
(p) purchases/leases by qualifying hospitals, health centers or health care organizations
(q) food for home consumption
(r) purchases by farmers, ranchers, etc. of:
(1) seed and agricultural chemicals
(2) animal feed
(3) animals for slaughter
(4) animals for breeding and production
(s) groundwater measuring devices
(t) (Reserved)
(u) aircraft acquired for use outside the State (Reg. 465.4)
(v) sales of food products by producers
(w) (Reserved)
(x) (Reserved)
(y) charitable donations
(z) (Reserved)
(aa) personal property used in remediation contracting (bb) printed or electronic materials sold to libraries (cc) food and accessories sold to commercial airlines
(dd) wireless telecommunications equipment; inducements (ee) (Reserved)
(ff) sales of alternative fuel; used oil fuel burners (gg) food and accessories sold to educational facilities (hh) personal hygiene items; hotels
(ii) fueling compressor equipment
(jj) food and accessories sold to nonprofit charitable organizations (kk) sales of alternative fuel vehicles
(ll) exemption for district and charter schools REGULATIONS
|
100.1 |
Brokers. |
|
100.2 |
Delivery, installation, or other direct customer services. |
|
100.3 |
Retailers. |
|
100.4 |
Sales to Native Americans. |
|
100.5 |
Remediation contracting. |
|
115.1 |
Computer hardware, software, and data services. |
|
120.1 |
Food for home consumption: recordkeeping and reporting requirements. |
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|
200.1 |
When deposits are included in gross income. |
|
250.1 |
Excess tax collected. |
|
270.1 |
Proprietary activities of municipalities are not deemed activities of a governmental entity. |
|
270.2 |
Proprietary clubs. |
|
300.1 |
Who must apply for a license. |
|
300.2 |
(Reserved) |
|
310.1 |
(Reserved) |
|
310.2 |
(Reserved) |
|
310.3 |
(Reserved) |
|
350.1 |
Recordkeeping: income. |
|
350.2 |
Recordkeeping: expenditures. |
|
350.3 |
Recordkeeping: out-of-Town and out-of-State sales. |
|
360.1 |
Proof of exemption: sale for resale; sale, rental, lease, or license of rental equipment. |
|
360.2 |
Proof of exemption: exemption certificate. |
|
405.1 |
Local advertising examples. |
|
405.2 |
Advertising activity within the Town. |
|
407.1 |
(Reserved) |
|
415.1 |
Distinction between the categories of construction contracting. |
|
415.2 |
Distinction between construction contracting and certain related activities. |
|
415.3 |
Construction contracting; tax rate effective date. |
|
416.1 |
Speculative builders: homeowner’s bona fide non-business sale of a family residence. |
|
416.2 |
Reconstruction contracting. |
|
425.1 |
Distinction between job printing and certain related activities. |
|
435.1 |
Distinction between publication of periodicals and certain related activities. |
|
435.2 |
Advertising income of publishers and distributors of newspapers and other periodicals. |
|
445.1 |
When the rental, leasing, and licensing of real property is exempt as “casual.” |
|
445.3 |
Rental, leasing, and licensing of real property as lodging: room and board; furnished |
|
|
lodging. |
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|
450.1 |
Distinction between rental, leasing, and licensing for use of tangible personal property |
|
|
and certain related activities. |
|
450.2 |
Rental, leasing, and licensing for use of tangible personal property: membership fees; |
|
|
other charges. |
|
450.3 |
Rental, leasing, and licensing for use of equipment with operator. |
|
450.4 |
Rental, leasing, and licensing for use of tangible personal property: semi-permanently or |
|
|
permanently installed tangible personal property. |
|
450.5 |
Rental, leasing, and licensing for use of tangible personal property: delivery, installation, |
|
|
repair, and maintenance charges. |
|
455.1 |
Gratuities related to restaurant activity. |
|
460.1 |
Distinction between retail sales and certain other transfers of tangible personal property. |
|
460.2 |
Retail sales: trading stamp company transactions. |
|
460.3 |
Retail sales: membership fees of retailers. |
|
460.4 |
Retail sales: professional services. |
|
460.5 |
Retail sales: monetized bullion; numismatic value of coins. |
|
460.6 |
Retail sales: consignment sales. |
|
465.1 |
Retail sales: repair services. |
|
465.2 |
Retail sales: warranty, maintenance, and similar service contracts. |
|
465.3 |
Retail sales: sale of containers, paper products, and labels. |
|
465.4 |
Retail sales: aircraft acquired for use outside the state. |
|
470.1 |
Telecommunication services. |
|
475.1 |
Distinction between transporting for hire and certain related activities. |
|
520.1 |
(Reserved) |
|
520.2 |
Change of method of reporting. |
|
555.1 |
(Reserved) |
|
571.1 |
Collection of tax in jeopardy. |
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CHAPTER 12 – PRIVILEGE AND EXCISE TAXES
Article I – General Conditions and Definitions
Sec. 12-1. Words of tense, number and gender; code references.
(a) For the purposes of this Chapter, all words of tense, number, and gender shall comply with
A.R.S. § 1-214 as amended.
(b) For the purposes of this Chapter, all code references, unless specified otherwise, shall:
(1) refer to this Town Code.
(2) be deemed to include all amendments to such code references.
Sec. 12-100. General definitions.
For the purposes of this Chapter, the following definitions apply:
“Assembler” means a person who unites or combines products, wares, or articles of manufacture so as to produce a change in form or substance of such items without changing or altering component parts.
“Broker” means any person engaged or continuing in business who acts for another for a consideration in the conduct of a business activity taxable under this Chapter, and who receives for his principal all or part of the gross income from the taxable activity.
“Business” means all activities or acts, personal or corporate, engaged in and caused to be engaged in with the object of gain, benefit, or advantage, either direct or indirect, but not casual activities or sales.
“Business Day” means any day of the week when the Tax Collector’s office is open for the public to conduct the Tax Collector’s business.
“Casual Activity or Sale” means a transaction of an isolated nature made by a person who neither represents himself to be nor is engaged in a business subject to a tax imposed by this Chapter. However, no sale, rental, license for use, or lease transaction concerning real property nor any activity entered into by a business taxable by this Chapter shall be treated, or be exempt, as casual. This definition shall include sales of used capital assets, provided that the volume and frequency of such sales do not indicate that the seller regularly engages in selling such property.
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“Combined Taxes” means the sum of all applicable Arizona Transaction Privilege and Use Taxes; all applicable transportation taxes imposed upon gross income by this County as authorized by Article III, Chapter 6, Title 42, Arizona Revised Statutes; and all applicable taxes imposed by this Chapter.
“Commercial Property” is any real property, or portion of such property, used for any purpose other than lodging or lodging space, including structures built for lodging but used otherwise, such as model homes, apartments used as offices, etc.
“Communications Channel” means any line, wire, cable, microwave, radio signal, light beam, telephone, telegraph, or any other electromagnetic means of moving a message.
“Construction Contracting” refers to the activity of a construction contractor.
“Construction Contractor” means a person who undertakes to or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development, or improvement to real property, or to do any part thereof. “Construction contractor” includes subcontractors, specialty contractors, prime contractors, and any person receiving consideration for the general supervision and/or coordination of such a construction project except for remediation contracting. This definition shall govern without regard to whether or not the construction contractor is acting in fulfillment of a contract.
“Delivery (of Notice) by the Tax Collector” means “receipt (of notice) by the taxpayer”. “Delivery, Installation, or Other Direct Customer Services” means services or labor, excluding
repair labor, provided by a taxpayer to or for his customer at the time of transfer of tangible personal property; provided further that the charge for such labor or service is separately billed to the customer and maintained separately in the taxpayer’s books and records.
“Engaging”, when used with reference to engaging or continuing in business, includes the exercise of corporate or franchise powers.
“Equivalent Excise Tax” means either:
(1) a Privilege or Use Tax levied by another Arizona municipality upon the transaction in question, and paid either to such Arizona municipality directly or to the vendor; or
(2) an excise tax levied by a political subdivision of a state other than Arizona upon the transaction in question, and paid either to such jurisdiction directly or to the vendor; or
(3) an excise tax levied by a Native American Government organized under the laws of the federal government upon the transaction in question, and paid either to such jurisdiction directly or to the vendor.
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“Federal Government” means the United States Government, its departments and agencies; but not including national banks or federally chartered or insured banks, savings and loan institutions, or credit unions.
“Food” means any items intended for human consumption as defined by rules and regulations adopted by the Department of Revenue, State of Arizona, pursuant to A.R.S. § 42-5106. Under no circumstances shall “food” include alcoholic beverages or tobacco, or food items purchased for use in conversion to any form of alcohol by distillation, fermentation, brewing, or other process. Under no circumstances shall “food” include an edible product, beverage, or ingredient infused, mixed, or in any way combined with medical marijuana or an active ingredient of medical marijuana.
“Hotel” means any public or private hotel, inn, hostelry, tourist home, house, motel, rooming house, apartment house, trailer, or other lodging place within the Town offering lodging, wherein the owner thereof, for compensation, furnishes lodging to any transient, except foster homes, rest homes, sheltered care homes, nursing homes, or primary health care facilities.
“Jet Fuel” means jet fuel as defined in A.R.S. § 42-5351.
“Job Printing” means the activity of copying or reproducing an article by any means, process, or method.
“Job printing” includes engraving of printing plates, embossing, copying, micrographics, and photo reproduction.
“Lessee” includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter. “Lessor” includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter.
“Licensing (for Use)” means any agreement between the user (“licensee”) and the owner or the owner’s agent (“licensor”) for the use of the licensor’s property whereby the licensor receives consideration, where such agreement does not qualify as a “sale” or “lease” or “rental” agreement.
“Lodging (Lodging Space)” means any room or apartment in a hotel or any other provider of rooms, trailer spaces, or other residential dwelling spaces; or the furnishings or services and accommodations accompanying the use and possession of said dwelling space, including storage or parking space for the property of said tenant.
“Manufactured Buildings” means a manufactured home, mobile home or factory built building, as defined in A.R.S. § 41-2142.
“Manufacturer” means a person engaged or continuing in the business of fabricating, producing, or manufacturing products, wares, or articles for use from other forms of tangible personal property, imparting to such new forms, qualities, properties, and combinations.
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“Medical Marijuana” means “marijuana” used for a “medical use” as those terms as defined in
A.R.S. § 36-2801.
“Mining and Metallurgical Supplies” means all tangible personal property acquired by persons engaged in activities defined in Section 12-432 for such use. This definition shall not include:
(1) janitorial equipment and supplies.
(2) office equipment, office furniture, and office supplies.
(3) motor vehicles licensed for use upon the highways of the State.
“Modifier” means a person who reworks, changes, or adds to products, wares, or articles of manufacture.
“Nonprofit Entity” means any entity organized and operated exclusively for charitable purposes, or operated by the Federal Government, the State, or any political subdivision of the State.
“Occupancy (of Real Property)” means any occupancy or use, or any right to occupy or use, real property including any improvements, rights, or interests in such property.
“Out-of-Town Sale” means the sale of tangible personal property and job printing if all of the following occur:
(1) transference of title and possession occur without the Town; and
(2) the stock from which such personal property was taken was not within the corporate limits of the Town; and
(3) the order is received at a permanent business location of the seller located outside the Town; which location is used for the substantial and regular conduct of such business sales activity. In no event shall the place of business of the buyer be determinative of the situs of the receipt of the order.
For the purpose of this definition it does not matter that all other indicia of business occur within the Town, including, but not limited to, accounting, invoicing, payments, centralized purchasing, and supply to out-of-Town storehouses and out-of-Town retail branch outlets from a primary storehouse within the Town.
“Out-of-State Sale” means the sale of tangible personal property and job printing if all of the following occur:
(1) The order is placed from without the State of Arizona; and
(2) the property is delivered to the buyer at a location outside the State; and 2014 S-2
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(3) the property is purchased for use outside the State.
“Owner-Builder” means an owner or lessor of real property who, by himself or by or through others, constructs or has constructed or reconstructs or has reconstructed any improvement to real property.
“Person” means an individual, firm, partnership, joint venture, association, corporation, estate, trust, receiver, syndicate, broker, the Federal Government, this State, or any political subdivision or agency of this State. For the purposes of this Chapter, a person shall be considered a distinct and separate person from any general or limited partnership or joint venture or other association with which such person is affiliated. A subsidiary corporation shall be considered a separate person from its parent corporation for purposes of taxation of transactions with its parent corporation.
“Prosthetic” means any of the following tangible personal property if such items are prescribed or recommended by a licensed podiatrist, chiropractor, dentist, physician or surgeon, naturopath, optometrist, osteopathic physician or surgeon, psychologist, hearing aid dispenser, physician assistant, nurse practitioner or veterinarian:
(1) any man-made device for support or replacement of a part of the body, or to increase acuity of one of the senses. Such items include: prescription eyeglasses; contact lenses; hearing aids; artificial limbs or teeth; neck, back, arm, leg, or similar braces.
(2) insulin, insulin syringes, and glucose test strips sold with or without a prescription.
(3) hospital beds, crutches, wheelchairs, similar home health aids, or corrective shoes.
(4) drugs or medicine, including oxygen.
(5) equipment used to generate, monitor, or provide health support systems, such as respiratory equipment, oxygen concentrator, dialysis machine.
(6) durable medical equipment which has a federal health care financing administration common procedure code, is designated reimbursable by Medicare, can withstand repeated use, is primarily and customarily used to serve a medical purpose, is generally not useful to a person in the absence of illness or injury and is appropriate for use in the home.
(7) under no circumstances shall “prosthetic” include medical marijuana regardless of whether it is sold or dispersed pursuant to a prescription, recommendation, or written certification by any authorized person.
“Qualifying Community Health Center”
(1) means an entity that is recognized as nonprofit under Section 501(c)(3) of the United States Internal Revenue Code, that is a community-based, primary care clinic that has a community- based board of directors and that is either:
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(a) the sole provider of primary care in the community.
(b) a nonhospital affiliated clinic that is located in a federally designated medically underserved area in this State.
(2) includes clinics that are being constructed as qualifying community health centers. “Qualifying Health Care Organization” means an entity that is recognized as nonprofit under
Section 501(c) of the United States Internal Revenue Code and that uses, saves or invests at least eighty percent (80%) of all monies that it receives from all sources each year only for health and medical related educational and charitable services, as documented by annual financial audits prepared by an independent certified public accountant, performed according to generally accepted accounting standards and filed annually with the Arizona Department of Revenue. Monies that are used, saved or invested to lease, purchase or construct a facility for health and medical related education and charitable services are included in the eighty percent (80%) requirement.
“Qualifying Hospital” means any of the following:
(1) a licensed hospital which is organized and operated exclusively for charitable purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual.
(2) a licensed nursing care institution or a licensed residential care institution or a residential care facility operated in conjunction with a licensed nursing care institution or a licensed kidney dialysis center, which provides medical services, nursing services or health related services and is not used or held for profit.
(3) a hospital, nursing care institution or residential care institution which is operated by the federal government, this State or a political subdivision of this State.
(4) a facility that is under construction and that on completion will be a facility under subdivision (1), (2) or (3) of this paragraph.
“Receipt (of Notice) by the Taxpayer” means the earlier of actual receipt or the first attempted delivery by certified United States mail to the taxpayer’s address of record with the Tax Collector.
“Remediation” means those actions that are reasonable, necessary, cost-effective and technically feasible in the event of the release or threat of release of hazardous substances into the environment such that the waters of the State are or may be affected, such actions as may be necessary to monitor, assess and evaluate such release or threat of release, actions of remediation, removal or disposal of hazardous substances or taking such other actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare or to the waters of the State which may otherwise result from a release or threat of release of a hazardous substance that will or may affect the waters of the State.
Remediation activities include the use of biostimulation with indigenous microbes and bioaugmentation using microbes that are nonpathogenic, nonopportunistic and that are naturally occurring. Remediation activities may
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include community information and participation costs and providing an alternative drinking water supply.
“Rental Equipment” means tangible personal property sold, rented, leased, or licensed to customers to the extent that the item is actually used by the customer for rental, lease, or license to others; provided that:
(1) the vendee is regularly engaged in the business of renting, leasing, or licensing such property for a consideration; and
(2) the item so claimed as “rental equipment” is not used by the person claiming the exemption for any purpose other than rental, lease, or license for compensation, to an extent greater than fifteen percent (15%) of its actual use.
“Rental Supply” means an expendable or nonexpendable repair or replacement part sold to become part of “rental equipment”, provided that:
(1) the documentation relating to each purchased item so claimed specifically itemizes to the vendor the actual item of “rental equipment” to which the purchased item is intended to be attached as a repair or replacement part; and
(2) the vendee is regularly engaged in the business of renting, leasing, or licensing such property for a consideration; and
(3) the item so claimed as “rental equipment” is not used by the person claiming the exemption for any purpose other than rental, lease, or license for compensation, to an extent greater than fifteen percent (15%) of its actual use.
“Repairer” means a person who restores or renews products, wares, or articles of manufacture. “Resides within the Town” means in cases other than individuals, whose legal addresses are
determinative of residence, the engaging, continuing, or conducting of regular business activity within the Town.
“Restaurant” means any business activity where articles of food, drink, or condiment are customarily prepared or served to patrons for consumption on or off the premises, also including bars, cocktail lounges, the dining rooms of hotels, and all caterers. For the purposes of this Chapter, a “fast food” business, which includes street vendors and mobile vendors selling in public areas or at entertainment or sports or similar events, who prepares or sells food or drink for consumption on or off the premises is considered a “restaurant”, and not a “retailer”.
“Retail Sale (Sale at Retail)” means the sale of tangible personal property, except the sale of tangible personal property to a person regularly engaged in the business of selling such property.
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“Retailer” means any person engaged or continuing in the business of sales of tangible personal property at retail.
“Sale” means any transfer of title or possession, or both, exchange, barter, conditional or otherwise, in any manner or by any means whatsoever, including consignment transactions and auctions, of property for a consideration. “Sale” includes any transaction whereby the possession of such property is transferred but the seller retains the title as security for the payment of the price. “Sale” also includes the fabrication of tangible personal property for consumers who, in whole or in part, furnish either directly or indirectly the materials used in such fabrication work.
“Solar Daylighting” means a device that is specifically designed to capture and redirect the visible portion of the solar beam, while controlling the infrared portion, for use in illuminating interior business spaces in lieu of artificial lighting.
“Solar Energy Device” means a system or series of mechanisms designed primarily to provide heating, to provide cooling, to produce electrical power, to produce mechanical power, to provide solar daylighting or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means, including wind generator systems that produce electricity. Solar energy systems may also have the capability of storing solar energy for future use. Passive systems shall clearly be designed as a solar energy device, such as a trombe wall, and not merely as a part of a normal structure, such as a window.
“Speculative Builder” means either:
(1) an owner-builder who sells or contracts to sell, at anytime, improved real property (as provided in Section 12-416) consisting of:
A) custom, model, or inventory homes, regardless of the stage of completion of such
homes; or
B) improved residential or commercial lots without a structure; or
(2) an owner-builder who sells or contracts to sell improved real property, other than improved real property specified in subsection (1) above:
A) prior to completion; or
B) before the expiration of twenty-four (24) months after the improvements of the real property sold are substantially complete.
“Substantially Complete” means the construction contracting or reconstruction contracting:
(1) has passed final inspection or its equivalent; or
(2) certificate of occupancy or its equivalent has been issued; or
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(3) is ready for immediate occupancy or use.
“Supplier” means any person who rents, leases, licenses, or makes sales of tangible personal property within the Town, either directly to the consumer or customer or to wholesalers, jobbers, fabricators, manufacturers, modifiers, assemblers, repairers, or those engaged in the business of providing services which involve the use, sale, rental, lease, or license of tangible personal property.
“Tax Collector” means the Town Council or his designee or agent for all purposes under this Chapter.
“Taxpayer” means any person liable for any tax under this Chapter.
“Telecommunication Service” means any service or activity connected with the transmission or relay of sound, visual image, data, information, images, or material over a communications channel or any combination of communications channels.
“Transient” means any person who either at the person’s own expense or at the expense of another obtains lodging space or the use of lodging space on a daily or weekly basis, or on any other basis for less than thirty (30) consecutive days.
“Utility Service” means the producing, providing, or furnishing of electricity, electric lights, current, power, gas (natural or artificial), or water to consumers or ratepayers.
(Am. Ord. 2011-02, passed 9-12-2011)
Sec. 12-110. Definitions: Income-producing capital equipment.
(a) The following tangible personal property, other than items excluded in subsection (d) below, shall be deemed “income-producing capital equipment” for the purposes of this Chapter:
(1) machinery or equipment used directly in manufacturing, processing, fabricating, job printing, refining or metallurgical operations. The terms “manufacturing”, “processing”, “fabricating”, “job printing”, “refining”, and “metallurgical” as used in this paragraph refer to and include those operations commonly understood within their ordinary meaning. “Metallurgical operations” includes leaching, milling, precipitating, smelting and refining.
(2) mining machinery, or equipment, used directly in the process of extracting ores or minerals from the earth for commercial purposes, including equipment required to prepare the materials for extraction and handling, loading or transporting such extracted material to the surface. “Mining” includes underground, surface and open pit operations for extracting ores and minerals.
(3) tangible personal property, sold to persons engaged in business classified under the telecommunications classification, consisting of central office switching equipment; switchboards; private branch exchange equipment; microwave radio equipment, and carrier equipment including optical fiber, coaxial cable, and other transmission media which are components of carrier systems.
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(4) machinery, equipment, or transmission lines used directly in producing or transmitting electrical power, but not including distribution. Transformers and control equipment used at transmission substation sites constitute equipment used in producing or transmitting electrical power.
(5) pipes or valves four inches (4″) in diameter or larger and related equipment, used to transport oil, natural gas, artificial gas, water, or coal slurry. For the purpose of this section, related equipment includes: compressor units, regulators, machinery and equipment, fittings, seals and any other parts that are used in operating the pipes or valves.
(6) aircraft, navigational and communication instruments, and other accessories and related equipment sold to:
(A) a person holding a federal certificate of public convenience and necessity or foreign air carrier permit for air transportation for use as or in conjunction with or becoming a part of aircraft to be used to transport persons, property or United States mail in intrastate, interstate or foreign commerce.
(B) any foreign government for use by such government outside of this State.
(C) persons who are not residents of this State and who will not use such property in this State other than in removing such property from this State. This subdivision also applies to corporations that are not incorporated in this State, regardless of maintaining a place of business in this State, if the principal corporate office is located outside this State and the property will not be used in this State other than in removing the property from this State.
(7) machinery, tools, equipment and related supplies used or consumed directly in repairing, remodeling or maintaining aircraft, aircraft engines or aircraft component parts by or on behalf of a certificated or licensed carrier of persons or property.
(8) railroad rolling stock, rails, ties and signal control equipment used directly to transport persons or property.
(9) machinery or equipment used directly to drill for oil or gas or used directly in the process of extracting oil or gas from the earth for commercial purposes.
(10) buses or other urban mass transit vehicles which are used directly to transport persons or property for hire or pursuant to a governmentally adopted and controlled urban mass transportation program and which are sold to bus companies holding a federal certificate of convenience and necessity or operated by a city, town or other governmental entity or by any person contracting with such governmental entity as part of a governmentally adopted and controlled program to provide urban mass transportation.
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(11) metering, monitoring, receiving, and transmitting equipment acquired by persons engaged in the business of providing utility services or telecommunications services; but only to the extent that such equipment is to be used by the customers of such persons and such persons separately charge or bill their customers for use of such equipment.
(12) groundwater measuring devices required under A.R.S. § 45-604.
(13) machinery or equipment used in research and development. In this paragraph, “research and development” means basic and applied research in the sciences and engineering, and designing, developing or testing prototypes, processes or new products, including research and development of computer software that is embedded in or an integral part of the prototype or new product or that is required for machinery or equipment otherwise exempt under this Section to function effectively. Research and development do not include manufacturing quality control, routine consumer product testing, market research, sales promotion, sales service, research in social sciences or psychology, computer software research that is not included in the definition of research and development, or other nontechnological activities or technical services.
(14) (Reserved)
(15) included in income producing capital equipment are liquid, solid or gaseous chemicals used in manufacturing, processing, fabricating, mining, refining, metallurgical operations, research and development or job printing, if using or consuming the chemicals, alone or as part of an integrated system of chemicals, involving direct contact with the materials from which the product is produced for the purpose of causing or permitting a chemical or physical change to occur in the materials as part of the production process. This subsection does not include chemicals that are used or consumed in activities such as packaging, storage or transportation but does not affect any deduction for such chemicals that is otherwise provided by this Code. Chemicals meeting the requirements of this subsection are deemed not to be expendable under subsection (d) of this Section.
(16) cleanrooms that are used for manufacturing, processing, fabrication or research and development, as defined in paragraph (13) of this subsection, of semiconductor products. For purposes of this paragraph, “cleanroom” means all property that comprises or creates an environment where humidity, temperature, particulate matter and contamination are precisely controlled within specified parameters, without regard to whether the property is actually contained within that environment or whether any of the property is affixed to or incorporated into real property. Cleanroom:
(A) includes the integrated systems, fixtures, piping, movable partitions, lighting and all property that is necessary or adapted to reduce contamination or to control airflow, temperature, humidity, chemical purity or other environmental conditions or manufacturing tolerances, as well as the production machinery and equipment operating in conjunction with the cleanroom environment.
(B) does not include the building or other permanent, nonremovable component of the building that houses the cleanroom environment.
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(17) machinery and equipment that are purchased by or on behalf of the owners of a soundstage complex and primarily used for motion picture, multimedia or interactive video production in the complex. This paragraph applies only if the initial construction of the soundstage complex begins after June 30, 1996 and before January 1, 2002 and the machinery and equipment are purchased before the expiration of five years after the start of initial construction. For purposes of this paragraph:
(A) “motion picture, multimedia or interactive video production” includes products for theatrical and television release, educational presentations, electronic retailing, documentaries, music videos, industrial films, cd-rom, video game production, commercial advertising and television episode production and other genres that are introduced through developing technology.
(B) “soundstage complex” means a facility of multiple stages including production offices, construction shops and related areas, prop and costume shops, storage areas, parking for production vehicles and areas that are leased to businesses that complement the production needs and orientation of the overall facility.
(18) tangible personal property that is used by either of the following to receive, store, convert, produce, generate, decode, encode, control or transmit telecommunications information:
(A) any direct broadcast satellite television or data transmission service that operates pursuant to 47 Code of Federal Regulations parts 25 and 100.
(B) any satellite television or data transmission facility, if both of the following conditions are met:
(I) over two-thirds of the transmissions, measured in megabytes, transmitted by the facility during the test period were transmitted to or on behalf of one or more direct broadcast satellite television or data transmission services that operate pursuant to 47 Code of Federal Regulations parts 25 and 100.
(ii) over two-thirds of the transmissions, measured in megabytes, transmitted by or on behalf of those direct broadcast television or data transmission services during the test period were transmitted by the facility to or on behalf of those services.
For purposes of subdivision (B) of this paragraph, “test period” means the three hundred sixty-five day period beginning on the later of the date on which the tangible personal property is purchased or the date on which the direct broadcast satellite television or data transmission service first transmits information to its customers.
(19) machinery and equipment that is used directly in the feeding of poultry, the environmental control of housing for poultry, the movement of eggs within a production and packaging facility or the sorting or cooling of eggs. This exemption does not apply to vehicles used for transporting eggs.
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(20) machinery or equipment, including related structural components, that is employed in connection with manufacturing, processing, fabricating, job printing, refining, mining, natural gas pipelines, metallurgical operations, telecommunications, producing or transmitting electricity or research and development that is used directly to meet or exceed rules or regulations adopted by the Federal Energy Regulatory Commission, the United States Environmental Protection Agency, the United States Nuclear Regulatory Commission, the Arizona Department of Environmental Quality or a political subdivision of this state to prevent, monitor, control or reduce land, water or air pollution.
(21) machinery or equipment that enables a television station to originate and broadcast or to receive and broadcast digital television signals and that was purchased to facilitate compliance with the Telecommunications Act of 1996 (P. L. 104-104; 110 Stat. 56; 47 United States Code Section 336) and the Federal Communications Commission Order issued April 21, 1997, 47 Code of Federal Regulations Part 73. This paragraph does not exempt any of the following:
(A) repair or replacement parts purchased for the machinery or equipment described in this paragraph.
(B) machinery or equipment purchased to replace machinery or equipment for which an exemption was previously claimed and taken under this paragraph.
(C) any machinery or equipment purchased after the television station has ceased analog broadcasting, or purchased after November 1, 2009, whichever occurs first.
(b) The term “income-producing capital equipment” shall further include ancillary machinery and equipment used for the treatment of waste products created by the business activities which are allowed to purchase “income-producing capital equipment” defined in subsection (a) above.
(c) The term “income-producing capital equipment” shall further include repair and replacement parts, other than the items in subsection (d) below, where the property is acquired to become an integral part of another item itemized in subsections (a) or (b) above.
(d) The tangible personal property defined as income-producing capital equipment in this Section shall not include:
(1) expendable materials. For purposes of this paragraph, expendable materials do not include any of the categories of tangible personal property specified in subsections (a), (b) or (c) of this Section regardless of the cost or useful life of that property.
(2) janitorial equipment and hand tools.
(3) office equipment, furniture, and supplies.
(4) tangible personal property used in selling or distributing activities.
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(5) motor vehicles required to be licensed by the State of Arizona, except buses or other urban mass transit vehicles specifically exempted pursuant to subsection (a)(10) above without regard to the use of such motor vehicles.
(6) shops, buildings, docks, depots, and all other materials of whatever kind or character not specifically included as exempt.
(7) motors and pumps used in drip irrigation systems.
(e) For the purposes of this Section:
(1) “aircraft” includes:
(A) an airplane flight simulator that is approved by the Federal Aviation Administration for use as a Phase II or higher flight simulator under Appendix H, 14 Code of Federal Regulations Part 121.
(B) tangible personal property that is permanently affixed or attached as a component part of an aircraft that is owned or operated by a certificated or licensed carrier of persons or property.
(2) “other accessories and related equipment” includes aircraft accessories and equipment such as ground service equipment that physically contact aircraft at some point during the overall carrier operation.
Sec. 12-115. Definitions: computer software; custom computer programming.
(a) “Computer Software” means any computer program, part of such a program, or any sequence of instructions for automatic data processing equipment. Computer software which is not “custom computer programming” is deemed to be tangible personal property for the purposes of this Chapter, regardless of the method by which title, possession, or right to use the software is transferred to the user.
(b) “Custom Computer Programming” means any computer software which is written or prepared exclusively for a customer and includes those services represented by separately stated charges for the modification of existing prewritten programs when the modifications are written or prepared exclusively for a customer.
(1) The term does not include a prewritten program which is held or existing for general or repeated sale, lease, or license, even if the program was initially developed on a custom basis for in- house, or for a single customer’s, use.
(2) Modification to an existing prewritten program to meet the customer’s needs is custom computer programming only to the extent of the modification, and only to the extent that the actual amount charged for the modification is separately stated on invoices, statements, and other billing documents supplied to the customer.
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Sec. 12-120. Definitions: food for home consumption.
(a) For the purposes of this Section only, the following definitions shall be applicable:
(1) “Eligible grocery business” means an establishment whose sales of food are such that it is eligible to participate in the food stamp program established by the Food Stamp Act of 1977 (P.L. 95- 113; 91 Stat. 958.7 U.S.C. Section 2011 et seq.), according to regulations in effect on January 1, 1979. An establishment is deemed eligible to participate in the Food Stamp Program if it is authorized to participate in the program by the United States Department of Agriculture Food and Nutrition Service Field Office on the effective date of this Section, or if, prior to a reporting period for which the return is filed, such retailer proves to the satisfaction of the Tax Collector that the establishment, based on the nature of the retailer’s food sales, could be eligible to participate in the food stamp program established by the Food Stamp Act of 1977 according to regulations in effect on January 1, 1979.
(2) “Facilities for the consumption of food” means tables, chairs, benches, booths, stools, counters, and similar conveniences, trays, glasses, dishes, or other tableware and parking areas for the convenience of in-car consumption of food in or on the premises on which the retailer conducts business.
(3) “Food for consumption on the premises” means any of the following:
(A) “Hot prepared food” as defined below.
(B) Hot or cold sandwiches.
(C) Food served by an attendant to be eaten at tables, chairs, benches, booths, stools, counters, and similar conveniences and within parking areas for the convenience of in-car consumption of food.
(D) Food served with trays, glasses, dishes, or other tableware.
(E) Beverages sold in cups, glasses, or open containers.
(F) Food sold by caterers.
(G) Food sold within the premises of theatres, movies, operas, shows of any type or nature, exhibitions, concerts, carnivals, circuses, amusement parks, fairs, races, contests, games, athletic events, rodeos, billiard and pool parlors, bowling alleys, public dances, dance halls, boxing, wrestling and other matches, and any business which charges admission, entrance, or cover fees for exhibition, amusement, entertainment, or instruction.
(H) Any items contained in subsections (a)(3)(A) through (G) above even though they are sold on a “take-out” or “to go” basis, and whether or not the item is packaged, wrapped, or is actually taken from the premises.
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(4) “Hot prepared food” means those products, items, or ingredients of food which are prepared and intended for consumption in a heated condition. “Hot prepared food” includes a combination of hot and cold food items or ingredients if a single price has been established.
(5) “Premises” means the total space and facilities in or on which a vendor conducts business and which are owned or controlled, in whole or in part, by a vendor or which are made available for the use of customers of the vendor or group of vendors, including any building or part of a building, parking lot, or grounds.
(b) “Food for home consumption” means all food, except food for consumption on the premises, if sold by any of the following:
(1) An eligible grocery business.
(2) A person who conducts a business whose primary business is not the sale of food but who sells food which is displayed, packaged, and sold in a similar manner as an eligible grocery business.
(3) A person who sells food and does not provide or make available any facilities for the consumption of food on the premises.
(4) A person who conducts a delicatessen business either from a counter which is separate from the place and cash register where taxable sales are made or from a counter which has two cash registers and which are used to record taxable and tax exempt sales, or a retailer who conducts a delicatessen business who uses a cash register which has at least two tax computing keys which are used to record taxable and tax exempt sales.
(5) (Reserved)
(6) Vending machines and other types of automatic retailers.
(7) A person’s sales of food, drink and condiment for consumption within the premises of any prison, jail or other institution under the jurisdiction of the State Department of Corrections, the Department of Public Safety, the Department of Juvenile Corrections or a county sheriff.
Article II – Determination of Gross Income
Sec. 12-200. Determination of gross income: in general.
(a) Gross income includes:
(1) the value proceeding or accruing from the sale of property, the providing of service, or
both.
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(2) the total amount of the sale, lease, license for use, or rental price at the time of such sale, rental, lease, or license.
(3) all receipts, cash, credits, barter, exchange, reduction of or forgiveness of indebtedness, and property of every kind or nature derived from a sale, lease, license for use, rental, or other taxable activity.
(4) all other receipts whether payment is advanced prior to, contemporaneous with, or deferred in whole or in part subsequent to the activity or transaction.
(b) Barter, exchange, trade-outs, or similar transactions are includable in gross income at the fair market value of the service rendered or property transferred, whichever is higher, as they represent consideration given for consideration received.
(c) No deduction or exclusion is allowed from gross income on account of the cost of the property sold, the time value of money, expense of any kind or nature, losses, materials used, labor or service performed, interest paid, or credits granted.
Sec. 12-210. Determination of gross income: transactions between affiliated companies or persons.
In transactions between affiliated companies or persons, or in other circumstances where the relationship between the parties is such that the gross income from the transaction is not indicative of the market value of the subject matter of the transaction, the Tax Collector shall determine the “market value” upon which the Town Privilege and Use Taxes shall be levied. “Market value” shall correspond as nearly as possible to the gross income from similar transactions of like quality or character by other taxpayers where no common interest exists between the parties, but otherwise under similar circumstances and conditions.
Sec. 12-220. Determination of gross income: artificially contrived transactions.
The Tax Collector may examine any transaction, reported or unreported, if, in his opinion, there has been or may be an evasion of the taxes imposed by this Chapter and to estimate the amount subject to tax in cases where such evasion has occurred. The Tax Collector shall disregard any transaction which has been undertaken in an artificial manner in order to evade the taxes imposed by this Chapter.
Sec. 12-230. Determination of gross income based upon method of reporting.
The method of reporting chosen by a taxpayer, as provided in Section 12-520, necessitates the following adjustments to gross income for all purposes under this Chapter:
(a) Cash basis – When a person elects to report and pay taxes on a cash basis, gross income for the reporting period shall include:
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(1) the total amounts received on “paid in full” transactions, against which are allowed all applicable deductions and exclusions; and
(2) all amounts received on accounts receivable, conditional sales contract, or other similar transactions, against which no deductions and no exclusions from gross income are allowed. Interest on finance contracts may be deducted if separately itemized on all books and records.
(b) Accrual basis – When a person elects to report and pay taxes on an accrual basis, gross income shall include all gross income for the applicable period regardless of whether receipts are for cash, credit, conditional, or partially deferred transactions, and regardless of whether or not any security document or instrument is sold, assigned, or otherwise transferred to another. Persons reporting on the accrual basis may deduct bad debts, provided that:
(1) the amount deducted for the bad debt must be deducted from gross income of the month in which the actual charge-off was made, and only to the extent that such amount was actually charged- off, and also only to the extent that such amount is or was included as taxable gross income; and
(2) if any amount is subsequently collected on such charged-off account, it shall be included in gross income for the month in which it was collected, without deduction for expense of collection.
Sec. 12-240. Exclusion of cash discounts, returns, refunds, trade-in values, vendor-issued coupons, and rebates from gross income.
(a) The following items are not included in gross income:
(1) Cash discounts allowed by the vendor for timely payment, but only discounts allowed against taxable gross income.
(2) The value of property returned by customers to the extent of the amount actually refunded either in cash or by credit and the amount refunded was included in taxable gross income.
(3) The trade-in allowance for tangible personal property accepted as payment, not to exceed the full sales price for any tangible personal property sold, when the full sales price is included in taxable gross income. Trade-in allowances are not allowed for manufactured buildings taxable under Section 12-427.
(4) When coupons issued by a vendor are later accepted by the vendor as a discount against the transaction, the discount may be excluded from gross income as a cash discount. Amounts credited or refunded by a vendor for redemption of coupons issued by any person other than the vendor may not be excluded from gross income.
(5) Rebates issued by the vendor to a customer as a discount against the transaction may be excluded from gross income as a cash discount. Rebates issued by a person other than the vendor may not be excluded from gross income, even when the vendee assigns his right to the rebate to the vendor.
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(6) In computing the tax base, gross proceeds of sales or gross income does not include a manufacturer’s cash rebate on the sales price of a motor vehicle if the buyer assigns the buyer’s right in the rebate to the retailer.
(b) If the amount specified in subsection (a) above is credited by a vendor subsequent to the reporting period in which the original transaction occurs, such amount may be excluded from the taxable gross income of that subsequent reporting period, but only to the extent that the excludable amount was reported as taxable gross income in that prior reporting period.
Sec. 12-250. Exclusion of combined taxes from gross income; itemization; notice; limitations.
(a) When tax is separately charged and/or collected. The total amount of gross income shall be exclusive of combined taxes only when the person upon whom the tax is imposed shall establish to the satisfaction of the Tax Collector that such tax has been added to the total price of the transaction. The taxpayer must provide to his customer and also keep a reliable record of the actual tax charged or collected, shown by cash register tapes, sales tickets, or other accurate record, separating net transaction price and combined tax. If at any time the Tax Collector cannot ascertain from the records kept by the taxpayer the total or amounts billed or collected on account of combined taxes, the claimed taxes collected may not be excluded from gross income, unless such records are completed and/or clarified to the satisfaction of the Tax Collector.
(1) Remittance of all tax charged and/or collected. When an added charge is made to cover Town (or combined) Privilege and Use Taxes, the person upon whom the tax is imposed shall pay the full amount of the Town taxes due, whether collected by him or not, and in the event he collects more than the amount due he shall remit the excess to the Tax Collector. In the event the Tax Collector cannot ascertain from the records kept by the taxpayer the total or amounts of taxes collected by him, and the Tax Collector is satisfied that the taxpayer has collected taxes in an amount in excess of the tax assessed under this Chapter, the Tax Collector may determine the amount collected and collect the tax so determined in the manner provided in this Chapter.
(2) Itemization. A taxpayer, in order to be entitled to exclude from his gross income any amounts paid to him by customers for combined taxes passed on to the customer, must prove that he has provided his customer with a written record of the transaction showing at a minimum the price before the tax, the combined taxes, and the total cost. This shall be addition to the record required to be kept under subsection (a) above.
(b) When tax has been neither separately charged nor separately collected. When the person upon whom the tax is imposed shall establish by means of invoices, sales tickets, or other reliable evidence, that no added charge was made to cover combined taxes, the taxpayer may exclude tax collected from such income by dividing such taxable gross income by 1.00 plus a decimal figure representing the effective combined tax rate expressed as a fraction of 1.00.
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Sec. 12-260. Exclusion of fees and taxes from gross income; limitations.
(a) There shall be excluded from gross income of vendors of motor vehicles those motor vehicle registration fees, license fees and taxes, and lieu taxes imposed pursuant to Title 28, Arizona Revised Statutes in connection with the initial purchase of a motor vehicle, but only to the extent that such taxes or fees or both have been separately itemized and collected from the purchaser of the motor vehicle by the vendor, actually remitted to the proper registering, licensing, and taxing authorities, and the provisions of Article III, regarding recordkeeping, are met. For the purpose of the exclusion provided by this subsection only, the terms vendor and vendee shall also apply to a lessor and lessee respectively, of a motor vehicle if, in addition to all other requirements of this subsection, the lease agreement specifically requires the lessee to pay such fees or taxes, and such amounts are separately itemized in the documentation provided to the lessee.
(b) There shall be excluded from gross income of vendors at retail of heavy trucks and trailers, the amount attributable to Federal Excise Taxes imposed by 26 U.S.C. § 4051, but only to the extent that the provisions of Article III, relating to recordkeeping, have been met.
(c) There shall be excluded from gross income the following fees, taxes, and lieu taxes, but only to the extent that such taxes or fees or both have been separately itemized and collected from the purchaser by the vendor, actually remitted to the proper registering, licensing, and taxing authorities, and the provisions of Article III, regarding recordkeeping, are met:
(1) emergency telecommunication services excise tax imposed pursuant to A.R.S. § 42-5252. “Emergency telecommunication services” means telecommunication services or systems that use number 911 or a similarly designated telephone number for emergency calls;
(2) the telecommunication devices for the deaf and the severely hearing and speech impaired excise tax imposed pursuant to A.R.S. § 42-5252;
(3) federal excise taxes on communications services as imposed by 26 U.S.C. § 4251;
(4) car rental surcharge imposed pursuant to A.R.S. § 48-4234;
(5) federal excise taxes on passenger vehicles as imposed by 26 U.S.C. § 4001(.01);
(6) waste tire disposal fees, imposed pursuant to A.R.S. § 44-1302.
(d) There shall be excluded from gross income of vendors of motor vehicles dealer documentation fees, but only to the extent that such fees have been separately itemized and collected from the purchaser of the motor vehicle by the vendor.
Sec. 12-265. (Reserved)
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Sec. 12-266. Exclusion of motor carrier revenues from gross income.
There shall be excluded from gross income the gross proceeds of sale or gross income derived from any of the following:
(a) a motor carrier’s use on the public highways in this State if the motor carrier is subject to a fee prescribed in A.R.S. Title 28, Chapter 15, Article 4 or A.R.S. Title 28, Chapter 16, Article 4.
(b) Leasing, renting or licensing a motor vehicle subject to and upon which the fee has been paid under A.R.S. Title 28, Chapter 16.
(c) The sale of a motor vehicle and any repair and replacement parts and tangible personal property becoming a part of such motor vehicle, to a motor carrier who is subject to a fee prescribed in
A.R.S. Title 28, Chapter 16 and who is engaged in the business of leasing, renting or licensing such property.
(d) for the purposes of these exclusions, “motor carrier” includes a motor vehicle weighing 26,000 pounds or more, a lightweight motor vehicle which weighs 12,001 pounds to 26,000 pounds and a light motor vehicle weighing 12,000 pounds or less, which pay the fee prescribed in A.R.S. Title 28, Chapter 15 or A.R.S. Title 28, Chapter 16.
Sec. 12-270. Exclusion of gross income of persons deemed not engaged in business.
(a) For the purposes of this Section, the following definitions shall apply:
(1) “Federally Exempt Organization” means an organization which has received a determination of exemption, or qualifies for such exemption, under 26 U.S.C. Section 501(c) and rules and regulations of the Commissioner of Internal Revenue pertaining to same, but not including a “governmental entity”, “non-licensed business”, or “public educational entity”.
(2) “Governmental Entity” means the Federal Government, the State of Arizona, any other state, or any political subdivision, department, or agency of any of the foregoing; provided further that persons contracting with such a governmental entity to operate any part of a governmentally adopted and controlled program to provide urban mass transportation shall be deemed a governmental entity in all activities such person performs when engaged in said contract.
(3) “Non-Licensed Business” means any person conducting any business activity for gain or profit, whether or not actually realized, which person is not required to be licensed for the conduct or transaction of activities subject to the tax imposed under this Chapter.
(4) “Proprietary Club” means any club which has qualified or would otherwise qualify as an exempt club under the provisions of 26 U.S.C. Section 501(c)(7), (8), and (9), notwithstanding the fact that some or all of the members may own a proprietary interest in the property and assets of the club.
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(5) “Public Educational Entity” means any educational entity operated pursuant to any provisions of Title 15, Arizona Revised Statutes.
(b) Transactions which, if conducted by any other person, would produce gross income subject to tax under this Chapter shall not be subject to the imposition of such tax if conducted entirely by a public educational entity; governmental entity, except “proprietary activities” of municipalities as provided by Regulation; or non-licensed business.
(c) Transactions which, if conducted by any other person, would produce gross income subject to the tax under this Chapter shall not be subject to the imposition of such tax if conducted entirely by a federally exempt organization or proprietary club with the following exceptions:
(1) Transactions involving proprietary clubs and organizations exempt under 26 U.S.C. Section 501(c)(7), (8), and (9), where the gross revenue of the activity received from persons other than members and bona fide guests of members is in an amount in excess of fifteen percent (15%) of total gross revenue, as prescribed by Regulation. In the event this fifteen percent (15%) limit is exceeded, the entire gross income of such entity shall be subject to the applicable tax.
(2) Gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512, including all statutory definitions and determinations, the rules and regulations of the Commissioner of Internal Revenue, and his administrative interpretations and guidelines.
(3) (Reserved)
(d) Except as may be provided elsewhere in this Chapter, transactions where customers are exempt organizations, proprietary clubs, public educational entities, governmental entities, or non- licensed businesses shall be deemed taxable transactions for the purpose of the imposition of taxes under this Chapter, notwithstanding that property so acquired may in fact be resold or leased by the acquiring person to others. In the case of sales, rentals, leases, or licenses to proprietary clubs or exempt organizations, the vendor may be relieved from the responsibility for reporting and paying tax on such income only by obtaining from its vendee a verified statement that includes:
(1) a statement that when the property so acquired is resold, rented, leased, or licensed, that the otherwise exempt vendee chooses, or is required, to pay Town Privilege Tax or an equivalent excise tax on its gross income from such transactions and does in fact file returns on same; and
(2) the Privilege License number of the otherwise exempt vendee; and
(3) such other information as the Tax Collector may require.
(e) Franchisees or concessionaires operating businesses for or on behalf of any exempt organization, governmental entity, public educational entity, proprietary club, or non-licensed business shall not be considered to be such an exempt organization, club, entity, or non-licensed business, but shall be deemed to be a taxpayer subject to the provisions of this Chapter, except as provided in the definition of governmental entity, regarding urban mass transit.
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(f) In any case, if a federally exempt organization, proprietary club, or non-licensed business rents, leases, licenses, or purchases any tangible personal property for its own storage or use, and no Town Privilege or Use Tax or equivalent excise tax has been paid on such transaction, said organization, club, or business shall be liable for the Use Tax upon such acquisitions or use of such property.
Sec. 12-280. (Reserved)
Sec. 12-285. (Reserved)
Sec. 12-290. (Reserved)
Article III – Licensing and Recordkeeping
Sec. 12-300. Licensing requirements.
(a) The following persons shall make application to the Tax Collector for a Privilege License, accompanied by a non-refundable fee of two dollars ($2.00), and no person shall engage or continue in business or engage in such activities until he shall have such a license:
(1) every person desiring to engage or continue in business activities within the Town upon which a Privilege Tax is imposed by this Chapter.
(2) every person, engaging or continuing in business within the Town, storing or using tangible personal property in this Town upon which a Use Tax is imposed by this Chapter.
(3) every person required to report and pay a tax upon Rental Occupancy, as imposed by Section 12-440.
(b) A person engaged in more than one activity subject to Town Privilege and Use Taxes at any one business location is not required to obtain a separate license for each activity; provided that, at the time such person makes application for a license, he shall list on such application each category of activity in which he is engaged. The licensee shall inform the Tax Collector of any changes in his business activities, location, or mailing address within thirty (30) days.
(c) Limitation. The issuance of a Privilege License by the Tax Collector shall in no way be construed as permission to operate a business activity in violation of any other law or regulation to which such activity may be subject.
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Sec. 12-305. Special licensing requirements.
(a) Partnerships. Application for a Privilege License for a partnership engaging or continuing in business in the Town shall provide, as a minimum, the names and addresses of all general partners. Licenses issued to persons engaged in business as partners, limited or general, shall be in the name of the partnership.
(b) Corporations. Application for a Privilege License for a corporation engaging or continuing in business in the Town shall provide, as a minimum, the names and addresses of both the Chief Executive Officer and Chief Financial Officer of the corporation. Licenses issued to persons engaged in business as corporations shall be in the name of the corporation.
(c) Multiple Locations or Multiple Business Names. A person engaged in or conducting one or more businesses at two (2) or more locations or under two (2) or more business names shall procure a license for each such location or business name. A “location” is a place of a separate business establishment.
(d) (Reserved)
Sec. 12-310. Licensing: duration of license; transferability; display.
(a) Except as provided in Section 12-320, the Privilege License shall be valid until request for cancellation and/or surrender of the license by the licensee or expiration through cessation by the licensee of the business activity for which it was issued.
(b) The Privilege License shall be nontransferable between owners or locations, and shall be on display to the public in the licensee’s place of business.
(c) Any licensee who permits his license to expire through cancellation as provided in Section 12- 320, by his request for cancellation, by surrender of the license, or by the cessation of the business activity for which the license was issued, and who thereafter applies for license, shall be granted a new license as an original applicant and shall pay the current license fee. Any licensee who loses or misplaces his Privilege License which is still in effect shall be charged the current license fee for each reissuance of a license.
(d) (Reserved)
(e) (Reserved)
(f) (Reserved)
(g) (Reserved)
(h) (Reserved)
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(i) (Reserved)
(j) (Reserved)
Sec. 12-315. (Reserved)
Sec. 12-320. Licensing: cancellation; revocation.
(a) Cancellation. The Tax Collector shall be authorized to cancel the Town Privilege License of any licensee as “inactive” if the taxpayer, required to report monthly to the Town, has neither filed any return nor remitted to the Town any taxes imposed by this Chapter for a period of six (6) consecutive months; or, if required to report quarterly, has neither filed any return nor remitted any taxes imposed by this Chapter for two (2) consecutive quarters; or, if required to report annually, has neither filed any return nor remitted any taxes imposed by this Chapter when such annual report and tax are due to be filed with and remitted to the Tax Collector.
(b) Revocation. If any licensee fails to pay any tax, interest, penalty, fee, or sum required to be paid to the Town under this Chapter, or if such licensee fails to comply with any other provisions of this Chapter, the Tax Collector shall be authorized to revoke the Town Privilege License of said licensee.
(c) Notice and Hearing. The Tax Collector shall deliver notice to such licensee of cancellation or revocation of the Privilege License. If within twenty (20) days the licensee so notified requests a hearing, he shall be granted a hearing before the Tax Collector.
(d) After cancellation or revocation of a taxpayer’s license, the taxpayer shall not be relicensed until all reports have been filed; all fees, taxes, interest, and penalties due have been paid; and he is in compliance with the provisions of this Chapter.
Sec. 12-330. Operating without a license.
It shall be unlawful for any person who is required by this Chapter to obtain a Privilege License to engage in or continue in business within the Town without a license. The Tax Collector shall assess any delinquencies in tax, interest, and penalties which may apply against such person upon any transactions subject to the taxes imposed by this Chapter.
Sec. 12-350. Recordkeeping requirements.
(a) It shall be the duty of every person subject to the tax imposed by this Chapter to keep and preserve suitable records and such other books and accounts as may be necessary to determine the amount of tax for which he is liable under this Chapter. The books and records must contain, at a minimum, such detail and summary information as may be required by Regulation; or when records are
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maintained within an electronic data processing (EDP) system, the requirements established by the Arizona Department of Revenue for privilege tax filings will be accepted. It shall be the duty of every person to keep and preserve such books and records for a period equal to the applicable limitation period for assessment of tax, and all such books and records shall be open for inspection by the Tax Collector during any business day.
(b) The Tax Collector may direct, by letter, a specific taxpayer to keep specific other books, records, and documents. Such letter directive shall apply:
(1) only for future reporting periods, and
(2) only by express determination of the Tax Collector that such specific recordkeeping is necessary due to the inability of the Town to conduct an adequate examination of the past activities of the taxpayer, which inability resulted from inaccurate or inadequate books, records, or documentation maintained by the taxpayer.
Sec. 12-360. Recordkeeping: claim of exclusion, exemption, deduction, or credit; documentation; liability.
(a) All deductions, exclusions, exemptions and credits provided in this Chapter are conditional upon adequate proof and documentation of such as may be required under A.R.S. § 42-5022 or by this Chapter or Regulation.
(b) Any person who claims and receives an exemption, deduction, exclusion, or credit to which he is not entitled under this Chapter, shall be subject to, liable for, and pay the tax on the transaction as if the vendor subject to the tax had passed the burden of the payment of the tax to the person wrongfully claiming the exemption. A person who wrongfully claimed such exemption shall be treated as if he is delinquent in the payment of the tax and shall be subject to interest and penalties upon such delinquency. However, if the tax is collected from the vendor on such transaction it shall not again be collected from the person claiming the exemption, or if collected from the person claiming the exemption it shall not also be collected from the vendor.
Sec. 12-370. Inadequate or unsuitable records.
In the event the records provided by the taxpayer are considered by the Tax Collector to be inadequate or unsuitable to determine the amount of the tax for which such taxpayer is liable under the provisions of this Chapter, it is the responsibility of the taxpayer either:
(1) to provide such other records required by this Chapter or Regulation; or
(2) to correct or to reconstruct his records, to the satisfaction of the Tax Collector.
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Article IV – Privilege Taxes
Sec. 12-400. Imposition of Privilege Taxes; presumption.
(a) There are hereby levied and imposed, subject to all other provisions of this Chapter, the following Privilege Taxes for the purpose of raising revenue to be used in defraying the necessary expenses of the Town, such taxes to be collected by the Tax Collector:
(1) a Privilege Tax upon persons on account of their business activities, to the extent provided elsewhere in this Article, to be measured by the gross income of persons, whether derived from residents of the Town or not, or whether derived from within the Town or from without.
(2) a Privilege Tax upon certain persons for the privilege of occupancy of real property, in accordance with the provisions of Section 12-440.
(b) Taxes imposed by this Chapter are in addition to others. Except as specifically designated elsewhere in this Chapter, each of the taxes imposed by this Chapter shall be in addition to all other licenses, fees, and taxes levied by law, including other taxes imposed by this Chapter.
(c) Presumption. For the purpose of proper administration of this Chapter and to prevent evasion of the taxes imposed by this Chapter, it shall be presumed that all gross income is subject to the tax until the contrary is established by the taxpayer.
(d) Limitation of exemptions, deductions, and credits allowed against the measure of taxes imposed by this Chapter. All exemptions, deductions, and credits set forth in this Chapter shall be limited to the specific activity or transaction described and not extended to include any other activity or transaction subject to the tax.
Sec. 12-405. Advertising.
(a) The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in the business of “local advertising” by billboards, direct mail, radio, television, or by any other means. However, commission and fees retained by an advertising agency shall not be includable in gross income from “local advertising”. All delivery or disseminating of information directly to the public or any portion thereof for a consideration shall be considered “Local Advertising”, except the following:
(1) the advertising of a product or service which is sold or provided both within and without the State by more than one “commonly designated business entity” within the State, and in which the advertisement names either no “commonly designated business entity” within the State or more than one “commonly designated business entity”. “Commonly Designated Business Entity” means any person
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selling or providing any product or service to its customers under a common business name or style, even though there may be more than one legal entity conducting business functions using the same or substantially the same business name or style by virtue of a franchise, license, or similar agreement.
(2) the advertising of a facility or of a service or activity in which neither the facility nor a business site carrying on such service or activity is located within the State.
(3) the advertising of a product which may only be purchased from an out-of-State supplier.
(4) political advertising for United States Presidential and Vice Presidential candidates only.
(5) advertising by means of product purchase coupons redeemable at any retail establishment carrying such product but not product coupons redeemable only at a single commonly designated business entity.
(6) advertising transportation services where a substantial portion of the transportation activity of the business entity advertised involves interstate or foreign carriage.
(b) (Reserved)
Sec. 12-407. (Reserved)
Sec. 12-410. Amusements, exhibitions, and similar activities.
(a) The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in the business of providing amusement that begins in the Town or takes place entirely within the Town, which includes the following type or nature of businesses:
(1) operating or conducting theaters, movies, operas, shows of any type or nature, exhibitions, concerts, carnivals, circuses, amusement parks, menageries, fairs, races, contests, games, billiard or pool parlors, bowling alleys, skating rinks, tennis courts, golf courses, video games, pinball machines, public dances, dance halls, sports events, jukeboxes, batting and driving ranges, animal rides, or any other business charging admission for exhibition, amusement, or entertainment.
(2) health spas, fitness centers, dance studios, or other persons who charge for the use of premises for sports, athletic, or other health-related activities or instruction, whether on a per-event use or for long-term usage, such as membership fees.
(b) Deductions or exemptions. The gross proceeds of sales or gross income derived from the following sources is exempt from the tax imposed by this Section:
(1) (Reserved)
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(2) Amounts retained by the Arizona Exposition and State Fair Board from ride ticket sales at the annual Arizona State Fair.
(3) Income received from a hotel business subject to tax under Section 12-444, if all of the following apply:
(A) The hotel business receives gross income from a customer for the specific business activity otherwise subject to amusement tax.
(B) The consideration received by the hotel business is equal to or greater than the amount to be deducted under this subsection.
(C) The hotel business has provided an exemption certificate to the person engaging in business under this section.
(4) Income that is specifically included as the gross income of a business activity upon which another Section of this Article imposes a tax, that is separately stated to the customer and is taxable to the person engaged in that classification not to exceed consideration paid to the person conducting the activity.
(5) Income from arranging transportation connected to amusement activity that is separately stated to the customer, not to exceed consideration paid to the transportation business.
(c) The tax imposed by this Section shall not include arranging an amusement activity as a service to a person’s customers if that person is not otherwise engaged in the business of operating or conducting an amusement themselves or through others. This exception does not apply to businesses that operate or conduct amusements pursuant to customer orders and send the billings and receive the payments associated with that activity, including when the amusement is performed by third party independent contractors. For the purposes of this paragraph, “arranging” includes billing for or collecting amusement charges from a person’s customers on behalf of the persons providing the amusement.
Sec. 12-415. Construction contracting: construction contractors.
(a) The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business upon every construction contractor engaging or continuing in the business activity of construction contracting within the Town.
(1) However, gross income from construction contracting shall not include charges related to groundwater measuring devices required by A.R.S. § 45-604.
(2) (Reserved)
(3) gross income from construction contracting shall not include gross income from the sale of manufactured buildings taxable under Section 12-427.
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(4) for taxable periods beginning from and after July 1, 2008, the portion of gross proceeds of sales or gross income attributable to the actual direct costs of providing architectural or engineering services that are incorporated in a contract is not subject to tax under this Section. For the purposes of this subsection, “direct costs” means the portion of the actual costs that are directly expended in providing architectural or engineering services.
(b) Deductions and exemptions.
(1) Gross income derived from acting as a “subcontractor” shall be exempt from the tax imposed by this Section.
(2) All construction contracting gross income subject to the tax and not deductible herein shall be allowed a deduction of thirty-five percent (35%).
(3) The gross proceeds of sales or gross income attributable to the purchase of machinery, equipment or other tangible personal property that is exempt from or deductible from privilege or use tax under:
(A) Section 12-465, subsections (g) and (p)
(B) Section 12-660, subsections (g) and (p) shall be exempt or deductible, respectively, from the tax imposed by this Section.
(4) The gross proceeds of sales or gross income that is derived from a contract entered into for the installation, assembly, repair or maintenance of income-producing capital equipment, as defined in Section 12-110, that is deducted from the retail classification pursuant to Section 12-465(g) that does not become a permanent attachment to a building, highway, road, railroad, excavation or manufactured building or other structure, project, development or improvement shall be exempt from the tax imposed by this Section. If the ownership of the realty is separate from the ownership of the income-producing capital equipment, the determination as to permanent attachment shall be made as if the ownership was the same. The deduction provided in this paragraph does not include gross proceeds of sales or gross income from that portion of any contracting activity which consists of the development of, or modification to, real property in order to facilitate the installation, assembly, repair, maintenance or removal of the income-producing capital equipment. For purposes of this paragraph, “permanent attachment” means at least one of the following:
(A) to be incorporated into real property.
(B) to become so affixed to real property that it becomes part of the real property.
(C) to be so attached to real property that removal would cause substantial damage to the real property from which it is removed.
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(5) The gross proceeds of sales or gross income received from a contract for the construction of an environmentally controlled facility for the raising of poultry for the production of eggs and the sorting, or cooling and packaging of eggs shall be exempt from the tax imposed under this Section.
(6) The gross proceeds of sales or gross income that is derived from the installation, assembly, repair or maintenance of cleanrooms that are deducted from the tax base of the retail classification pursuant to Section 12-465, subsection (g) shall be exempt from the tax imposed under this Section.
(7) The gross proceeds of sales or gross income that is derived from a contract entered into with a person who is engaged in the commercial production of livestock, livestock products or agricultural, horticultural, viticultural or floricultural crops or products in this State for the construction, alteration, repair, improvement, movement, wrecking or demolition or addition to or subtraction from any building, highway, road, excavation, manufactured building or other structure, project, development or improvement used directly and primarily to prevent, monitor, control or reduce air, water or land pollution shall be exempt from the tax imposed under this Section.
(8) The gross proceeds of sales or gross income received from a post construction contract to perform post-construction treatment of real property for termite and general pest control, including wood destroying organisms, shall be exempt from tax imposed under this Section.
(9) Through December 31, 2009, the gross proceeds of sales or gross income received from a contract for constructing any lake facility development in a commercial enhancement reuse district that is designated pursuant to A.R.S. § 9-499.08 if the contractor maintains the following records in a form satisfactory to the Arizona Department of Revenue and to the Town:
(A) the certificate of qualification of the lake facility development issued by the Town pursuant to A.R.S. § 9-499.08, subsection D.
(B) all state and local transaction privilege tax returns for the period of time during which the contractor received gross proceeds of sales or gross income from a contract to construct a lake facility development in a designated commercial enhancement reuse district, showing the amount exempted from state and local taxation.
(C) any other information considered to be necessary.
(10) Any amount attributable to development fees that are incurred in relation to the construction, development or improvement of real property and paid by the taxpayer as defined in the model city tax code or by a contractor providing services to the taxpayer. For the purposes of this paragraph:
(A) the attributable amount shall not exceed the value of the development fees actually
imposed.
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(B) the attributable amount is equal to the total amount of development fees paid by the taxpayer or by a contractor providing services to the taxpayer and the total development fees credited in exchange for the construction of, contribution to or dedication of real property for providing public infrastructure, public safety or other public services necessary to the development. The real property must be the subject of the development fees.
(C) “development fees” means fees imposed to offset capital costs of providing public infrastructure, public safety or other public services to a development and authorized pursuant to Section 9-463.05, Section 11-1102 or Title 48 regardless of the jurisdiction to which the fees are paid.
(11) For taxable periods beginning from and after July 1, 2008 and ending before January 1, 2017, the gross proceeds of sales or gross income derived from a contract to provide and install a solar energy device. The contractor shall register with the department of revenue as a solar energy contractor. By registering, the contractor acknowledges that it will make its books and records relating to sales of solar energy devices available to the department of revenue and the city, as applicable, for examination.
(c) “Subcontractor” means a construction contractor performing work for either:
(1) a construction contractor who has provided the subcontractor with a written declaration that he is liable for the tax for the project and has provided the subcontractor his Town Privilege License number.
(2) an owner-builder who has provided the subcontractor with a written declaration that:
(A) the owner-builder is improving the property for sale; and
(B) the owner-builder is liable for the tax for such construction contracting activity; and
(C) the owner-builder has provided the contractor his Town Privilege License number.
(3) a person selling new manufactured buildings who has provided the subcontractor with a written declaration that he is liable for the tax for the site preparation and set-up; and provided the subcontractor his Town Privilege License number.
Subcontractor also includes a construction contractor performing work for another subcontractor as defined above.
(Am. Ord. 2009-04, passed 9-14-2009; Am. Ord. 2011-02, passed 9-12-2011)
Sec. 12-416. Construction contracting: speculative builders.
(a) The tax shall be equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in business as a speculative builder within the Town.
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(1) The gross income of a speculative builder considered taxable shall include the total selling price from the sale of improved real property at the time of closing of escrow or transfer of title.
(2) “Improved Real Property” means any real property:
(A) upon which a structure has been constructed; or
(B) where improvements have been made to land containing no structure (such as paving or landscaping); or
(C) which has been reconstructed as provided by Regulation; or
(D) where water, power, and streets have been constructed to the property line.
(3) “Sale of Improved Real Property” includes any form of transaction, whether characterized as a lease or otherwise, which in substance is a transfer of title of, or equitable ownership in, improved real property and includes any lease of the property for a term of thirty (30) years or more (with all options for renewal being included as a part of the term). In the case of multiple unit projects, “sale” refers to the sale of the entire project or to the sale of any individual parcel or unit.
(4) “Partially Improved Residential Real Property”, as used in this Section, means any improved real property, as defined in subsection (a)(2) above, being developed for sale to individual homeowners, where the construction of the residence upon such property is not substantially complete at the time of the sale.
(b) Exclusions.
(1) In cases involving reconstruction contracting, the speculative builder may exclude from gross income the prior value allowed for reconstruction contracting in determining his taxable gross income, as provided by Regulation.
(2) Neither the cost nor the fair market value of the land which constitutes part of the improved real property sold may be excluded or deducted from gross income subject to the tax imposed by this Section.
(3) (Reserved)
(4) A speculative builder may exclude gross income from the sale of partially improved residential real property as defined in (a)(4) above to another speculative builder only if all of the following conditions are satisfied:
(A) The speculative builder purchasing the partially improved residential real property has a valid Town privilege license for construction contracting as a speculative builder; and
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(B) At the time of the transaction, the purchaser provides the seller with a properly completed written declaration that the purchaser assumes liability for and will pay all privilege taxes which would otherwise be due the Town at the time of sale of the partially improved residential real property; and
(C) The seller also:
(i) maintains proper records of such transactions in a manner similar to the requirements provided in this chapter relating to sales for resale; and
(ii) retains a copy of the written declaration provided by the buyer for the
transaction; and
(iii) is properly licensed with the Town as a speculative builder and provides the Town with the written declaration attached to the Town privilege tax return where he claims the exclusion.
(5) For taxable periods beginning from and after July 1, 2008, the portion of gross proceeds of sales or gross income attributable to the actual direct costs of providing architectural or engineering services that are incorporated in a contract is not subject to tax under this Section. For the purposes of this subsection, “direct costs” means the portion of the actual costs that are directly expended in providing architectural or engineering services.
(c) Tax liability for speculative builders occurs at close of escrow or transfer of title, whichever occurs earlier, and is subject to the following provisions, relating to exemptions, deductions and tax credits:
(1) Exemptions.
(A) The gross proceeds of sales or gross income attributable to the purchase of machinery, equipment or other tangible personal property that is exempt from or deductible from privilege or use tax under:
(i) Section 12-465, subsections (g) and (p)
(ii) Section 12-660, subsections (g) and (p) shall be exempt or deductible, respectively, from the tax imposed by this Section.
(B) The gross proceeds of sales or gross income received from a contract for the construction of an environmentally controlled facility for the raising of poultry for the production of eggs and the sorting, or cooling and packaging of eggs shall be exempt from the tax imposed under this Section.
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(C) The gross proceeds of sales or gross income that is derived from the installation, assembly, repair or maintenance of clean rooms that are deducted from the tax base of the retail classification pursuant to Section 12-465, subsection (g) shall be exempt from the tax imposed under this section.
(D) The gross proceeds of sales or gross income that is derived from a contract entered into with a person who is engaged in the commercial production of livestock, livestock products or agricultural, horticultural, viticultural or floricultural crops or products in this state for the construction, alteration, repair, improvement, movement, wrecking or demolition or addition to or subtraction from any building, highway, road, excavation, manufactured building or other structure, project, development or improvement used directly and primarily to prevent, monitor, control or reduce air, water or land pollution shall be exempt from the tax imposed under this Section.
(E) Any amount attributable to development fees that are incurred in relation to the construction, development or improvement of real property and paid by the taxpayer as defined in the model city tax code or by a contractor providing services to the taxpayer shall be exempt from the tax imposed under this section. For the purposes of this paragraph:
(i) the attributable amount shall not exceed the value of the development fees
actually imposed.
(ii) the attributable amount is equal to the total amount of development fees paid by the taxpayer or by a contractor providing services to the taxpayer and the total development fees credited in exchange for the construction of, contribution to or dedication of real property for providing public infrastructure, public safety or other public services necessary to the development. The real property must be the subject of the development fees.
(iii) “development fees” means fees imposed to offset capital costs of providing public infrastructure, public safety or other public services to a development and authorized pursuant to Section 9-463.05, Section 11-1102 or Title 48 regardless of the jurisdiction to which the fees are paid.
(2) Deductions.
(A) All amounts subject to the tax shall be allowed a deduction in the amount of thirty- five percent (35%).
(B) The gross proceeds of sales or gross income that is derived from a contract entered into for the installation, assembly, repair or maintenance of income-producing capital equipment, as defined in Section 12-110, that is deducted from the retail classification pursuant to Section 12-465(g), that does not become a permanent attachment to a building, highway, road, railroad, excavation or manufactured building or other structure, project, development or improvement shall be exempt from the tax imposed by this Section. If the ownership of the realty is separate from the ownership of the income-producing
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capital equipment, the determination as to permanent attachment shall be made as if the ownership was the same. The deduction provided in this paragraph does not include gross proceeds of sales or gross income from that portion of any contracting activity which consists of the development of, or modification to, real property in order to facilitate the installation, assembly, repair, maintenance or removal of the income-producing capital equipment. For purposes of this paragraph, “permanent attachment” means at least one of the following:
(i) to be incorporated into real property.
(ii) to become so affixed to real property that it becomes part of the real property.
(iii) to be so attached to real property that removal would cause substantial damage to the real property from which it is removed.
(C) For taxable periods beginning from and after July 1, 2008 and ending before January 1, 2017, the gross proceeds of sales or gross income derived from a contract to provide and install a solar energy device. The contractor shall register with the department of revenue as a solar energy contractor. By registering, the contractor acknowledges that it will make its books and records relating to sales of solar energy devices available to the department of revenue and the city, as applicable, for examination.
(3) Tax credits. The following tax credits are available to owner-builders or speculative builders, not to exceed the tax liability against which such credits apply, provided such credits are documented to the satisfaction of the tax collector:
(A) A tax credit equal to the amount of town privilege or use tax, or the equivalent excise tax, paid directly to a taxing jurisdiction or as a separately itemized charge paid directly to the vendor with respect to the tangible personal property incorporated into the said structure or improvement to real property undertaken by the owner-builder or speculative builder.
(B) A tax credit equal to the amount of privilege taxes paid to this Town, or charged separately to the speculative builder, by a construction contractor, on the gross income derived by said person from the construction of any improvement to the real property.
(C) No credits provided herein may be claimed until such time that the gross income against which said credits apply is reported.
(Am. Ord. 2009-04, passed 9-14-2009; Am. Ord. 2011-02, passed 9-12-2011)
Sec. 12-417. Construction contracting: owner-builders who are not speculative builders.
(a) At the expiration of twenty-four (24) months after improvement to the property is substantially complete, the tax liability for an owner-builder who is not a speculative builder shall be at an amount equal to two percent (2%) of:
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(1) the gross income from the activity of construction contracting upon the real property in question which was realized by those construction contractors to whom the owner-builder provided written declaration that they were not responsible for the taxes as prescribed in Subsection 12- 415(c)(2); and
(2) the purchase of tangible personal property for incorporation into any improvement to real property, computed on the sales price.
(b) For taxable periods beginning from and after July 1, 2008, the portion of gross proceeds of sales or gross income attributable to the actual direct costs of providing architectural or engineering services that are incorporated in a contract is not subject to tax under this Section. For the purposes of this subsection, “direct costs” means the portion of the actual costs that are directly expended in providing architectural or engineering services.
(c) The tax liability of this Section is subject to the following provisions, relating to exemptions, deductions and tax credits:
(1) Exemptions.
(A) The gross proceeds of sales or gross income attributable to the purchase of machinery, equipment or other tangible personal property that is exempt from or deductible from privilege or use tax under:
(i) Section 12-465, subsections (g) and (p)
(ii) Section 12-660, subsections (g) and (p)
shall be exempt or deductible, respectively, from the tax imposed by this Section.
(B) The gross proceeds of sales or gross income received from a contract for the construction of an environmentally controlled facility for the raising of poultry for the production of eggs and the sorting, or cooling and packaging of eggs shall be exempt from the tax imposed under this Section.
(C) The gross proceeds of sales or gross income that is derived from the installation, assembly, repair or maintenance of cleanrooms that are deducted from the tax base of the retail classification pursuant to Section 12-465, subsection (g) shall be exempt from the tax imposed under this Section.
(D) The gross proceeds of sales or gross income that is derived from a contract entered into with a person who is engaged in the commercial production of livestock, livestock products or agricultural, horticultural, viticultural or floricultural crops or products in this state for the construction,
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alteration, repair, improvement, movement, wrecking or demolition or addition to or subtraction from any building, highway, road, excavation, manufactured building or other structure, project, development or improvement used directly and primarily to prevent, monitor, control or reduce air, water or land pollution shall be exempt from the tax imposed under this Section.
(E) Any amount attributable to development fees that are incurred in relation to the construction, development or improvement of real property and paid by the taxpayer as defined in the model city tax code or by a contractor providing services to the taxpayer shall be exempt from the tax imposed under this section. For the purposes of this paragraph:
(i) the attributable amount shall not exceed the value of the development fees
actually imposed.
(ii) the attributable amount is equal to the total amount of development fees paid by the taxpayer or by a contractor providing services to the taxpayer and the total development fees credited in exchange for the construction of, contribution to or dedication of real property for providing public infrastructure, public safety or other public services necessary to the development. The real property must be the subject of the development fees.
(iii) “development fees” means fees imposed to offset capital costs of providing public infrastructure, public safety or other public services to a development and authorized pursuant to Section 9-463.05, Section 11-1102 or Title 48 regardless of the jurisdiction to which the fees are paid.
(2) Deductions.
(A) All amounts subject to the tax shall be allowed a deduction in the amount of thirty- five percent (35%).
(B) The gross proceeds of sales or gross income that is derived from a contract entered into for the installation, assembly, repair or maintenance of income-producing capital equipment, as defined in Section 12-110, that is deducted from the retail classification pursuant to Section 12-465(g), that does not become a permanent attachment to a building, highway, road, railroad, excavation or manufactured building or other structure, project, development or improvement shall be exempt from the tax imposed by this Section. If the ownership of the realty is separate from the ownership of the income-producing capital equipment, the determination as to permanent attachment shall be made as if the ownership was the same. The deduction provided in this paragraph does not include gross proceeds of sales or gross income from that portion of any contracting activity which consists of the development of, or modification to, real property in order to facilitate the installation, assembly, repair, maintenance or removal of the income-producing capital equipment. For purposes of this paragraph, “permanent attachment” means at least one of the following:
(i) to be incorporated into real property.
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(ii) to become so affixed to real property that it becomes part of the real property.
(iii) to be so attached to real property that removal would cause substantial damage to the real property from which it is removed.
(C) For taxable periods beginning from and after July 1, 2008 and ending before January 1, 2017, the gross proceeds of sales or gross income derived from a contract to provide and install a solar energy device. The contractor shall register with the department of revenue as a solar energy contractor. By registering, the contractor acknowledges that it will make its books and records relating to sales of solar energy devices available to the department of revenue and the city, as applicable, for examination.
(3) Tax credits. The following tax credits are available to owner-builders and speculative builders, not to exceed the tax liability against which such credits apply, provided such credits are documented to the satisfaction of the tax collector:
(A) A tax credit equal to the amount of town privilege or use tax, or the equivalent excise tax, paid directly to a taxing jurisdiction or as a separately itemized charge paid directly to the vendor with respect to the tangible personal property incorporated into the said structure or improvement to real property undertaken by the owner-builder or speculative builder.
(B) A tax credit equal to the amount of privilege taxes paid to this Town, or charged separately to the speculative builder, by a construction contractor, on the gross income derived by said person from the construction of any improvement to the real property.
(C) No credits provided herein may be claimed until such time that the gross income against which said credits apply is reported.
(d) The limitation period for the assessment of taxes imposed by this Section is measured based upon when such liability is reportable, that is, in the reporting period that encompasses the twenty-fifth (25th) month after said unit or project was substantially complete. Interest and penalties, as provided in Section 12-540, will be based on reportable date.
(e) (Reserved)
(Am. Ord. 2009-04, passed 9-14-2009; Am. Ord. 2011-02, passed 9-12-2011)
Sec. 12-418. (Reserved)
Sec. 12-420. (Reserved)
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Sec. 12-425. Job printing.
(a) The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in the business of job printing, which includes engraving of printing plates, embossing, copying, micrographics, and photo reproduction.
(b) The tax imposed by this Section shall not apply to:
(1) job printing purchased for the purpose of resale by the purchaser in the form supplied by the job printer.
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(2) out-of-Town sales.
(3) out-of-State sales.
(4) (Reserved)
(5) sales of job printing to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property sold is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512.
(6) (Reserved)
Sec. 12-427. Manufactured buildings.
(a) The tax rate shall be at an amount equal to two percent (2%) of the gross income, including site preparation, moving to the site, and/or set-up, upon every person engaging or continuing in the business activity of selling manufactured buildings within the Town. Such business activity is deemed to occur at the business location of the seller where the purchaser first entered into the contract to purchase the manufactured building.
(b) Sales of used manufactured buildings are not taxable.
(c) The sale prices of furniture, furnishings, fixtures, appliances, and attachments that are not incorporated as component parts of or attached to a manufactured building are exempt from the tax imposed by this Section. Sales of such items are subject to the tax under Section 12-460.
(d) Under this Section, a trade-in will not be allowed for the purpose of reducing the tax liability.
Sec. 12-430. Timbering and other extraction.
(a) The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in the following businesses:
(1) felling, producing, or preparing timber or any product of the forest for sale, profit, or commercial use.
(2) extracting, refining, or producing any oil or natural gas for sale, profit, or commercial use.
(b) The rate specified in subsection (a) above shall be applied to the value of the entire product extracted, refined, produced, or prepared for sale, profit, or commercial use, when such activity occurs within the Town, regardless of the place of sale of the product or the fact that delivery may be made to a point without the Town or without the State.
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(c) If any person engaging in any business classified in this Section ships or transports products, or any part thereof, out of the State without making sale of such products, or ships his products outside of the State in an unfinished condition, the value of the products or articles in the condition or form in which they existed when transported out-of-State and before they enter interstate commerce shall be the basis for assessment of the tax imposed by this Section.
(d) (Reserved)
Sec. 12-432. Mining.
(a) The tax rate shall be at an amount equal to one tenth of one percent (.1 %), not to exceed one tenth of one percent, of the gross income from the business activity upon every person engaging or continuing in the business of mining, smelting, or producing for sale, profit, or commercial use any copper, gold, silver, or other mineral product, compound, or combination of mineral products; but not including the extraction, removal, or production of sand, gravel, or rock from the ground for sale, profit, or commercial use.
(b) The rate specified in subsection (a) above shall be applied to the value of the entire product mined, smelted or produced for sale, profit, or commercial use, when such activity occurs within the town, regardless of the place of sale of the product or the fact that delivery may be made to a point without the Town or without the State.
(c) If any person engaging in any business classified in this Section ships or transports products, or any part thereof, out of the State without making sale of such products, or ships his products outside of the State in an unfinished condition, the value of the products or articles in the condition or form in which they existed when transported out-of-State and before they enter interstate commerce shall be the basis for assessment of the tax imposed by this Section.
Sec. 12-435. Publishing and periodicals distribution.
(a) The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in the business activity of:
(1) publication of newspapers, magazines, or other periodicals when published within the Town, measured by the gross income derived from notices, subscriptions, and local advertising as defined in Section 12-405. In cases where the location of publication is both within and without this State, gross income subject to the tax shall refer only to gross income derived from residents of this State or generated by permanent business locations within this State.
(2) distribution or delivery within the Town of newspapers, magazines, or other periodicals not published within the Town, measured by the gross income derived from subscriptions.
(b) “Location of Publication” is determined by:
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(1) location of the editorial offices of the publisher, when the physical printing is not performed by the publisher; or
(2) location of either the editorial offices or the printing facilities, if the publisher performs his own physical printing.
(c) “Subscription income” shall include all circulation revenue of the publisher except amounts retained by or credited to carriers or other vendors as compensation for delivery within the State by such carriers or vendors, and further except sales of published items, directly or through distributors, for the purpose of resale, to retailers subject to the Privilege Tax on such resale.
(d) “Circulation”, for the purpose of measurement of gross income subject to the tax, shall be considered to occur at the place of delivery of the published items to the subscriber or intended reader irrespective of the location of the physical facilities or personnel of the publisher. However, delivery by the United States mails shall be considered to have occurred at the location of publication.
(e) Allocation of taxes between cities and towns. In cases where publication or distribution occurs in more than one city or town, the measurement of gross income subject to tax by the Town shall include:
(1) that portion of the gross income from publication which reflects the ratio of circulation within this Town to circulation in all incorporated cities and towns in this State having substantially similar provisions; plus
(2) only when publication occurs within the Town, that portion of the remaining gross income from publication which reflects the ratio of circulation within this Town to the total circulation of all incorporated cities or towns in this State within which cities the taxpayer maintains a location of publication.
(f) The tax imposed by this Section shall not apply to sales of newspapers, magazines or other periodicals to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property sold is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512.
Sec. 12-440. Rental Occupancy.
(a) For the purposes of this Section only, the following definitions shall apply:
(1) “Landlord” means any lessor of real property under a pre-existing lease.
(2) “Pre-existing Lease” means any written lease, license for use, or rental agreement entered into prior to December 1, 1967; except for the following:
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(A) any bilateral amendment to such written agreement which was entered into subsequent to December 1, 1967, wherein the length of the term or the size of the premises affected is changed or both.
(B) any such agreement for lodging or lodging space.
(3) “Rent” means all consideration paid by the tenant to his landlord or to another in payment of or diminution of his own or his landlord’s obligation in connection with the real property occupied by the tenant, whether or not such occupancy is designated as a rent, lease or license for use of real property.
(4) “Tenant” means any lessee of real property under a pre-existing lease.
(b) The tax rate shall be at an amount of two percent (2%) of the gross rent paid by a tenant, to the extent of his occupancy of real property in this City under a pre-existing lease, upon such tenant, for the privilege of such occupancy, subject to the provisions of this Section.
(c) Exclusions. The tax imposed by this section shall not apply to:
(1) occupancy by a tenant which the constitution or laws of the United States or of the State of Arizona prohibit the City from taxing.
(2) occupancy by a tenant of a landlord which the constitution or laws of the United States or of the State of Arizona prohibit the City from taxing.
(3) occupancy of lodging or lodging space.
(4) occupancy of real property under other than a pre-existing lease.
(d) Duty of Landlords. Every landlord of a tenant subject to the tax:
(1) shall collect the tax imposed by this Section from the tenant liable for the tax at the same time as and together with the tenant’s periodic or other payment of rent. The tax required to be collected shall constitute a debt owed by the landlord to the City.
(2) shall be considered a taxpayer subject to all licensing, recordkeeping, and reporting requirements of this Chapter.
(e) Duty of Tenants. Every tenant liable for the tax:
(1) shall, in any instance in which the tax has not been collected by his landlord, remit such tax to the Tax Collector, and in such case, be subject to all licensing and reporting requirements of this Chapter.
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(2) shall maintain, and provide upon request, books and records sufficient for the Tax Collector to determine the tax liability of such tenant.
(f) Interest and civil penalties shall be the liability of the landlord collecting and remitting the tax; provided, however, that if the landlord can present clear and convincing evidence that the delinquency was caused by the tenant, then said interest and penalties shall be the liability of the tenant.
(g) Extension of rights of appeal to include tenants and landlords.
(1) Any landlord or tenant may avail himself of the provisions of Sections 12-570 through 12-575, relating to appeals, and, except as modified hereunder, all provisions of said Sections shall apply.
(2) For the purposes of preserving appeal rights, an assessment against a landlord may be protested and appealed by any tenant paying or liable to pay the tax for the occupancy included in such assessment.
(3) Payment of the tax herein imposed to a landlord by a tenant shall be deemed payment of the tax for the tenant for the purposes of allowing a protest to be initiated under Sections 12-570 through 12-575.
(4) The filing of a protest petition by a tenant shall not relieve the landlord of his obligation to report and remit the protested tax, or any subsequent periodic payments of tax governed by the initial protest.
(h) Refunds. Any refunds of taxes authorized by this Chapter shall be made to the tenant. Any refunds of interest and civil penalties authorized by this Chapter shall be made to the person liable for such, as provided in subsection (f) above.
Sec. 12-444. Hotels.
The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in the business of operating a hotel charging for lodging and/or lodging space furnished to any:
(a) Person.
(b) Exclusions. The tax imposed by this Section shall not include:
(1) Income derived from incarcerating or detaining prisoners who are under the jurisdiction of the United States, this State or any other state or a political subdivision of this State or of any other state in a privately operated prison, jail or detention facility.
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(2) Gross proceeds of sales or gross income that is properly included in another business activity under this Article and that is taxable to the person engaged in that business activity, but the gross proceeds of sales or gross income to be deducted shall not exceed the consideration paid to the person conducting the activity.
(3) Gross proceeds of sales or gross income from transactions or activities that are not limited to transients and that would not be taxable if engaged in by a person not subject to tax under this Article.
(4) Gross proceeds of sales or gross income from transactions or activities that are not limited to transients and that would not be taxable if engaged in by a person subject to taxation under Section 12-410 or Section 12-475 due to an exclusion, exemption or deduction.
(5) Gross proceeds of sales or gross income from commissions received from a person providing services or property to the customers of the hotel. However, such commissions may be subject to tax under Section 12-445 or Section 12-450 as rental, leasing or licensing for use of real or tangible personal property.
(6) Income from providing telephone, fax or Internet services to customers at an additional charge, that is separately stated to the customer and is separately maintained in the hotel’s books and records. However, such gross proceeds of sales or gross income may be subject to tax under Section 12-470 as telecommunication services.
Sec. 12-445. Rental, leasing, and licensing for use of real property.
(a) The tax rate shall be at an amount equal to zero percent (0%) of the gross income from the business activity upon every person engaging or continuing in the business of leasing or renting real property located within the Town for a consideration, to the tenant in actual possession, or the licensing for use of real property to the final licensee located within the Town for a consideration including any improvements, rights, or interest in such property; provided further that:
(1) Payments made by the lessee to, or on behalf of, the lessor for property taxes, repairs, or improvements are considered to be part of the taxable gross income.
(2) Charges for such items as telecommunications, utilities, pet fees, or maintenance are considered to be part of the taxable gross income.
(3) However, if the lessor engages in telecommunication activity, as evidenced by installing individual metering equipment and by billing each tenant based upon actual usage, such activity is taxable under Section 12-470.
(b) If individual utility meters have been installed for each tenant and the lessor separately charges each single tenant for the exact billing from the utility company, such charges are exempt.
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(c) Charges by a qualifying hospital, qualifying community health center or a qualifying health care organization to patients of such facilities for use of rooms or other real property during the course of their treatment by such facilities are exempt.
(d) Charges for joint pole usage by a person engaged in the business of providing or furnishing utility or telecommunication services to another person engaged in the business of providing or furnishing utility or telecommunication services are exempt from the tax imposed by this Section.
(e) Exempt from the tax imposed by this Section is gross income derived from the rental, leasing, or licensing for use of real property to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property so rented, leased, or licensed is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512.
(f) (Reserved)
(g) (Reserved)
(h) (Reserved)
(i) (Reserved)
(j) Exempt from the tax imposed by this Section is gross income derived from the activities taxable under Section 12-444 of this code.
(k) (Reserved)
(l) (Reserved)
(m) (Reserved)
(n) Notwithstanding the provisions of Section 12-200(b), the fair market value of one (1) apartment, in an apartment complex provided rent free to an employee of the apartment complex is not subject to the tax imposed by this Section. For an apartment complex with more than fifty (50) units, an additional apartment provided rent free to an employee for every additional fifty (50) units is not subject to the tax imposed by this Section.
(o) Income derived from incarcerating or detaining prisoners who are under the jurisdiction of the United States, this State or any other state or a political subdivision of this State or of any other state in a privately operated prison, jail or detention facility is exempt from the tax imposed by this Section.
(p) Charges by any hospital, any licensed nursing care institution, or any kidney dialysis facility to patients of such facilities for the use of rooms or other real property during the course of their treatment by such facilities are exempt.
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(q) Charges to patients receiving “personal care” or “directed care”, by any licensed assisted living facility, licensed assisted living center or licensed assisted living home as defined and licensed pursuant to Chapter 4 Title 36 Arizona Revised Statutes and Title 9 of the Arizona Administrative Code are exempt.
(r) Income received from the rental of any “low-income unit” as established under Section 42 of the Internal Revenue Code, including the low-income housing credit provided by IRC Section 42, to the extent that the collection of tax on rental income causes the “gross rent” defined by IRC Section 42 to exceed the income limitation for the low-income unit is exempt. This exemption also applies to income received from the rental of individual rental units subject to statutory or regulatory “low- income unit” rent restrictions similar to IRC § 42 to the extent that the collection of tax from the tenant causes the rental receipts to exceed a rent restriction for the low-income unit. This subsection also applies to rent received by a person other than the owner or lessor of the low-income unit, including a broker. This subsection does not apply unless a taxpayer maintains the documentation to support the qualification of a unit as a low-income unit, the “gross rent” limitation for the unit and the rent received from that unit.
(s) The gross proceeds of sales or gross income derived from a commercial lease in which a reciprocal insurer or a corporation leases real property to an affiliated corporation. For the purposes of this paragraph:
(1) “Affiliated Corporation” means a corporation that meets one of the following conditions:
(A) the corporation owns or controls at least eighty percent of the lessor.
(B) the corporation is at least eighty percent owned or controlled by the lessor.
(C) the corporation is at least eighty percent owned or controlled by a corporation that also owns or controls at least eighty percent of the lessor.
(D) the corporation is at least eighty percent owned or controlled by a corporation that is at least eighty percent owned or controlled by a reciprocal insurer.
(2) For the purposes of subsection (1), ownership and control are determined by reference to the voting shares of a corporation.
(3) “Reciprocal Insurer” has the same meaning as prescribed in A.R.S. § 20-762. (Am. Ord. 2011-02, passed 9-12-2011)
Sec. 12-446. (Reserved)
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Sec. 12-447. Rental, leasing, and licensing for use of real property: additional tax upon transient lodging.
In addition to the taxes levied as provided in Section 12-444, there is hereby levied and shall be collected an additional tax in an amount equal to two percent (2%) of the gross income from the business activity of any hotel engaging or continuing within the Town in the business of charging for lodging and/or lodging space furnished to any transient.
Sec. 12-450. Rental, leasing, and licensing for use of tangible personal property.
(a) The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in the business of leasing, licensing for use, or renting tangible personal property for a consideration, including that which is semi-permanently or permanently installed within the Town as provided by Regulation.
(b) Special provisions relating to long-term motor vehicle leases. A lease transaction involving a motor vehicle for a minimum period of twenty-four (24) months shall be considered to have occurred at the location of the motor vehicle dealership, rather than the location of the place of business of the lessor, even if the lessor’s interest in the lease and its proceeds are sold, transferred, or otherwise assigned to a lease financing institution; provided further that the city or town where such motor vehicle dealership is located levies a Privilege Tax or an equivalent excise tax upon the transaction.
(c) Gross income derived from the following transactions shall be exempt from Privilege Taxes imposed by this Section:
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(1) rental, leasing, or licensing for use of tangible personal property to persons engaged or continuing in the business of leasing, licensing for use, or rental of such property.
(2) rental, leasing, or licensing for use of tangible personal property that is semi-permanently or permanently installed within another city or town that levies an equivalent excise tax on the transaction.
(3) rental, leasing, or licensing for use of film, tape, or slides to a theater or other person taxed under Section 12-410, or to a radio station, television station, or subscription television system.
(4) rental, leasing, or licensing for use of the following:
(A) prosthetics.
(B) income-producing capital equipment.
(C) mining and metallurgical supplies.
These exemptions include the rental, leasing, or licensing for use of tangible personal property which, if it had been purchased instead of leased, rented, or licensed by the lessee or licensee, would qualify as income-producing capital equipment or mining and metallurgical supplies.
(5) rental, leasing, or licensing for use of tangible personal property to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property so rented, leased, or licensed is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512 or rental, leasing, or licensing for use of tangible personal property in this State by a nonprofit charitable organization that has qualified under Section 501(c)(3) of the United States Internal Revenue Code and that engages in and uses such property exclusively for training, job placement or rehabilitation programs or testing for mentally or physically handicapped persons.
(6) separately billed charges for delivery, installation, repair, and/or maintenance as provided by Regulation.
(7) charges for joint pole usage by a person engaged in the business of providing or furnishing utility or telecommunication services to another person engaged in the business of providing or furnishing utility or telecommunication services.
(8) (Reserved)
(9) rental, leasing, or licensing of aircraft that would qualify as aircraft acquired for use outside the State, as prescribed by Regulation, if such rental, leasing, or licensing had been a sale.
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(10) rental, leasing or licensing for use an alternative fuel vehicle if such vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative fuel and equipment that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as defined in A.R.S. § 1-215.
(11) rental, leasing, and licensing for use of solar energy devices, for taxable periods beginning from and after July 1, 2008. The lessor shall register with the Department of Revenue as a solar energy retailer. By registering, the lessor acknowledges that it will make its books and records relating to leases of solar energy devices available to the Department of Revenue and Town, as applicable, for examination.
(Am. Ord. 2009-04, passed 9-14-2009)
Sec. 12-452. (Reserved)
Sec. 12-455. Restaurants and Bars.
(a) The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in the business of preparing or serving food or beverage in a bar, cocktail lounge, restaurant, or similar establishment where articles of food or drink are prepared or served for consumption on or off the premises, including also the activity of catering. Cover charges and minimum charges must be included in the gross income of this business activity.
(b) Caterers and other taxpayers subject to the tax who deliver food and/or serve such food off premises shall also be allowed to exclude separately charged delivery, set-up, and clean-up charges, provided that the charges are also maintained separately in the books and records. When a taxpayer delivers food and/or serves such food off premises, his regular business location shall still be deemed the location of the transaction for the purposes of the tax imposed by this Section.
(c) The tax imposed by this Section shall not apply to sales to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when sold for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512.
(d) The tax imposed by this Section shall not apply to sales of food, beverages, condiments and accessories used for serving food and beverages to a commercial airline, as defined in A.R.S. § 42- 5061(A)49, that serves the food and beverages to its passengers, without additional charge, for consumption in flight.
(e) The tax imposed by this Section shall not apply to sales of prepared food, beverages, condiments or accessories to a public educational entity, pursuant to any of the provisions of Title 15, Arizona Revised Statutes, to the extent such items are to be prepared or served to individuals for consumption on the premises of a public educational entity during school hours.
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(f) For the purposes of this Section, “accessories” means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food.
Sec. 12-460. Retail sales: measure of tax; burden of proof; exclusions.
(a) The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in the business of selling tangible personal property at retail.
(b) The burden of proving that a sale of tangible personal property is not a taxable retail sale shall be upon the person who made the sale.
(c) Exclusions. For the purposes of this Chapter, sales of tangible personal property shall not include:
(1) sales of stocks, bonds, options, or other similar materials.
(2) sales of lottery tickets or shares pursuant to Article I, Chapter 5, Title 5, Arizona Revised
Statutes.
(3) sales of platinum, bullion, or monetized bullion, except minted or manufactured coins transferred or acquired primarily for their numismatic value as prescribed by Regulation.
(4) gross income derived from the transfer of tangible personal property which is specifically included as the gross income of a business activity upon which another Section of this Article imposes a tax, shall be considered gross income of that business activity, and are not includable as gross income subject to the tax imposed by this Section.
(5) sales by professional or personal service occupations where such sales are inconsequential elements of the service provided.
(d) (Reserved)
(e) When this Town and another Arizona city or town with an equivalent excise tax could claim nexus for taxing a retail sale, the city or town where the permanent business location of the seller at which the order was received shall be deemed to have precedence, and for the purposes of this Chapter such city or town has sole and exclusive right to such tax.
(f) The appropriate tax liability for any retail sale where the order is received at a permanent business location of the seller located in this Town or in an Arizona city or town that levies an equivalent excise tax shall be at the tax rate of the city or town of such seller’s location.
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(g) Retail sales of prepaid calling cards or prepaid authorization numbers for telecommunications services, including sales of reauthorization of a prepaid card or authorization number, are subject to tax under this Section.
Sec. 12-465. Retail sales: exemptions.
Income derived from the following sources is exempt from the tax imposed by Section 12-460:
(a) sales of tangible personal property to a person regularly engaged in the business of selling such property.
(b) out-of-Town sales or out-of-State sales.
(c) charges for delivery, installation, or other direct customer services as prescribed by Regulation.
(d) charges for repair services as prescribed by Regulation, when separately charged and separately maintained in the books and records of the taxpayer.
(e) sales of warranty, maintenance, and service contracts, when separately charged and separately maintained in the books and records of the taxpayer.
(f) sales of prosthetics.
(g) sales of income-producing capital equipment.
(h) sales of rental equipment and rental supplies.
(i) sales of mining and metallurgical supplies.
(j) sales of motor vehicle fuel and use fuel which are subject to a tax imposed under the provisions of Article I or II, Chapter 16, Title 28, Arizona Revised Statutes; or sales of use fuel to a holder of a valid single trip use fuel tax permit issued under A.R.S. § 28-5739, or sales of natural gas or liquefied petroleum gas used to propel a motor vehicle.
(k) sales of tangible personal property to a construction contractor who holds a valid Privilege Tax License for engaging or continuing in the business of construction contracting where the tangible personal property sold is incorporated into any structure or improvement to real property as part of construction contracting activity.
(l) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor ships or delivers the motor vehicle to a destination outside this State.
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(m) sales of tangible personal property which directly enters into and becomes an ingredient or component part of a product sold in the regular course of the business of job printing, manufacturing, or publication of newspapers, magazines, or other periodicals. Tangible personal property which is consumed or used up in a manufacturing, job printing, publishing, or production process is not an ingredient nor component part of a product.
(n) sales made directly to the Federal government to the extent of:
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(1) one hundred percent (100%) of the gross income derived from retail sales made by a manufacturer, modifier, assembler, or repairer.
(2) fifty percent (50%) of the gross income derived from retail sales made by any other
person.
(o) sales to hotels, bars, restaurants, dining cars, lunchrooms, boarding houses, or similar establishments of articles consumed as food, drink, or condiment, whether simple, mixed, or compounded, where such articles are customarily prepared or served to patrons for consumption on or off the premises, where the purchaser is properly licensed and paying a tax under Section 12-455 or the equivalent excise tax upon such income.
(p) sales of tangible personal property to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property sold is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512 or sales of tangible personal property purchased in this State by a nonprofit charitable organization that has qualified under Section 501(c)(3) of the United States Internal Revenue Code and that engages in and uses such property exclusively for training, job placement or rehabilitation programs or testing for mentally or physically handicapped persons.
(q) sales of food for home consumption.
(r) sales of the following to persons engaging or continuing in the business of farming, ranching, or feeding livestock, poultry or ratites:
(1) seed, fertilizer, fungicides, seed treating chemicals, and other similar chemicals.
(2) feed for livestock, poultry or ratites, including salt, vitamins, and other additives to such
feed.
(3) livestock, poultry or ratites purchased or raised for slaughter, but not including livestock purchased or raised for production or use, such as milch cows, breeding bulls, laying hens, riding or work horses.
(4) neat animals, horses, asses, sheep, swine, or goats for the purpose of becoming breeding or production stock, including sales of breedings or ownership shares in such animals.
(s) sales of groundwater measuring devices required by A.R.S. § 45-604.
(t) (Reserved)
(u) sales of aircraft acquired for use outside the State, as prescribed by Regulation.
(v) sales of food products by producers as provided for by A.R.S. §§ 3-561, 3-562 and 3-563.
(w) (Reserved)
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(x) (Reserved)
(y) (Reserved)
(z) (Reserved)
(aa) the sale of tangible personal property used in remediation contracting as defined in Section 12-100 and Regulation 12-100.5.
(bb) sales of materials that are purchased by or for publicly funded libraries including school district libraries, charter school libraries, community college libraries, state university libraries or federal, state, county or municipal libraries for use by the public as follows:
(1) printed or photographic materials.
(2) electronic or digital media materials.
(cc) sales of food, beverages, condiments and accessories used for serving food and beverages to a commercial airline, as defined in A.R.S. § 42-5061(A)(49), that serves the food and beverages to its passengers, without additional charge, for consumption in flight. For the purposes of this subsection, “accessories” means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food.
(dd) in computing the tax base in the case of the sale or transfer of wireless telecommunication equipment as an inducement to a customer to enter into or continue a contract for telecommunication services that are taxable under Section 12-470, gross proceeds of sales or gross income does not include any sales commissions or other compensation received by the retailer as a result of the customer entering into or continuing a contract for the telecommunications services.
(ee) for the purposes of this Section, a sale of wireless telecommunication equipment to a person who holds the equipment for sale or transfer to a customer as an inducement to enter into or continue a contract for telecommunication services that are taxable under Section 12-470 is considered to be a sale for resale in the regular course of business.
(ff) sales of alternative fuel as defined in A.R.S. § 1-215, to a used oil fuel burner who has received a Department of Environmental Quality permit to burn used oil or used oil fuel under A.R.S. § 49-426 or § 49-480.
(gg) sales of food, beverages, condiments and accessories to a public educational entity, pursuant to any of the provisions of Title 15, Arizona Revised Statutes; to the extent such items are to be prepared or served to individuals for consumption on the premises of a public educational entity during school hours. For the purposes of this subsection, “accessories” means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food.
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(hh) sales of personal hygiene items to a person engaged in the business of and subject to tax under Section 12-444 of this code if the tangible personal property is furnished without additional charge to and intended to be consumed by the person during his occupancy.
(ii) For the purposes of this Section, the diversion of gas from a pipeline by a person engaged in the business of operating a natural or artificial gas pipeline, for the sole purpose of fueling compressor equipment to pressurize the pipeline, is not a sale of the gas to the operator of the pipeline.
(jj) Sales of food, beverages, condiments and accessories to a nonprofit charitable organization that has qualified as an exempt organization under 26 U.S.C Section 501(c)(3) and regularly serves meals to the needy and indigent on a continuing basis at no cost. For the purposes of this subsection, “accessories” means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food.
(kk) sales of motor vehicles that use alternative fuel was manufactured as a diesel fuel vehicle and converted to operate on alternative fuel and sales of equipment that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as defined in A.R.S. § 1-215.
(ll) sales of solar energy devices, for taxable periods beginning from and after July 1, 2008, the retailer shall register with the department of revenue as a solar energy retailer. By registering, the retailer acknowledges that it will make its books and records relating to the sales of solar energy devices available to the department of revenue and city, as applicable, for examination.
Sec. 12-470. Telecommunication services.
(a) The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in the business of providing telecommunication services to consumers within this Town.
(1) Telecommunication services shall include:
(A) two-way voice, sound, and/or video communication over a communications channel.
(B) one-way voice, sound, and/or video transmission or relay over a communications
channel.
(C) facsimile transmissions.
(D) providing relay or repeater service.
(E) providing computer interface services over a communications channel.
(F) time-sharing activities with a computer accomplished through the use of a communications channel.
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(2) Gross income from the business activity of providing telecommunication services to consumers within this Town shall include:
(A) all fees for connection to a telecommunication system.
(B) toll charges, charges for transmissions, and charges for other telecommunications services; provided that such charges relate to transmissions originating in the Town and terminating in this State.
(C) fees charged for access to or subscription to or membership in a telecommunication system or network.
(D) charges for monitoring services relating to a security or burglar alarm system located within the Town where such system transmits or receives signals or data over a communications channel.
(E) charges for telephone, fax or Internet access services provided at an additional charge by a hotel business subject to taxation under Section 12-444.
(b) Resale telecommunication services. Gross income from sales of telecommunication services to another provider of telecommunication services for the purpose of providing the purchaser’s customers
with such service shall be exempt from the tax imposed by this Section; provided, however, that such purchaser is properly licensed by the Town to engage in such business.
(c) Interstate transmissions. Charges by a provider of telecommunication services for transmissions originating in the Town and terminating outside the State are exempt from the tax imposed by this Section.
(d) (Reserved)
(e) (Reserved)
(f) Prepaid calling cards. Telecommunications services purchased with a prepaid calling card that are taxable under Section 12-460 are exempt from the tax imposed under this Section.
(g) Internet Access Services – the gross income subject to tax under this section shall not include sales of internet access services to the person’s subscribers and customers. For the purposes of this subsection:
(1) “Internet” means the computer and telecommunications facilities that comprise the interconnected worldwide network of networks that employ the transmission control protocol or internet protocol, or any predecessor or successor protocol, to communicate information of all kinds by wire or radio.
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(2) “Internet Access” means a service that enables users to access content, information, electronic mail or other services over the internet. Internet access does not include telecommunication services provided by a common carrier.
Sec. 12-475. Transporting for hire.
The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in the business of providing the following forms of transportation for hire from this Town to another point within the State:
(a) Transporting of persons or property by railroad; provided, however, that the tax imposed by this subsection shall not apply to transporting freight or property for hire by a railroad operating exclusively in this State if the transportation comprises a portion of a single shipment of freight or property, involving more than one railroad, either from a point in this State to a point outside this State or from a point outside this State to a point in this State. For purposes of this paragraph, “a single shipment” means the transportation that begins at the point at which one of the railroads first takes possession of the freight or property and continues until the point at which one of the railroads relinquishes possession of the freight or property to a party other than one of the railroads.
(b) transporting of oil or natural or artificial gas through pipe or conduit.
(c) transporting of property by aircraft.
(d) transporting of persons or property by motor vehicle, including towing and the operation of private car lines, as such are defined in Article VII, Chapter 14, Title 42, Arizona Revised Statutes; provided, however, that the tax imposed by this subsection shall not apply to:
(1) gross income subject to the tax imposed by Article VI, Chapter 9, Title 28, Arizona Revised Statutes.
(2) gross income derived from the operation of a governmentally adopted and controlled program to provide urban mass transportation.
(3) (Reserved)
(4) (Reserved)
(e) (Reserved)
(f) Deductions or exemptions. The gross proceeds of sales or gross income derived from the following sources is exempt from the tax imposed by this Section:
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(1) income that is specifically included as the gross income of a business activity upon which another Section of Article IV imposes a tax, that is separately stated to the customer and is taxable to the person engaged in that classification not to exceed consideration paid to the person conducting the activity.
(2) income from arranging amusement or transportation when the amusement or transportation is conducted by another person not to exceed consideration paid to the amusement or transportation business.
(g) The tax imposed by this Section shall not include arranging transportation as a convenience to a person’s customers if that person is not otherwise engaged in the business of transporting persons, freight or property for hire. This exception does not apply to businesses that dispatch vehicles pursuant to customer orders and send the billings and receive the payments associated with that activity, including when the transportation is performed by third party independent contractors. For the purposes of this paragraph, “arranging” includes billing for or collecting transportation charges from a person’s customers on behalf of the persons providing the transportation.
Sec. 12-480. Utility services.
(a) The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in the business of producing, providing, or furnishing utility services, including electricity, electric lights, current, power, gas (natural or artificial), or water to:
(1) consumers or ratepayers who reside within the Town.
(2) consumers or ratepayers of this City, whether within the City or without, to the extent that this City provides such persons utility services, excluding consumers or ratepayers who are residents of another city or town which levies an equivalent excise tax upon this City for providing such utility services to such persons.
(b) Exclusion of certain sales of natural gas to a public utility. Notwithstanding the provisions of subsection (a) above, the gross income derived from the sale of natural gas to a public utility for the purpose of generation of power to be transferred by the utility to its ratepayers shall be considered a retail sale of tangible personal property subject to Sections 12-460 and 12-465, and not considered gross income taxable under this Section.
(c) Resale utility services. Sales of utility services to another provider of the same utility services for the purpose of providing such utility services either to another properly licensed utility provider or directly to such purchaser’s customers or ratepayers shall be exempt and deductible from the gross income subject to the tax imposed by this Section, provided that the purchaser is properly licensed by all applicable taxing jurisdictions to engage or continue in the business of providing utility services, and further provided that the seller maintains proper documentation, in a manner similar to that for sales for resale, of such transactions.
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(d) (Reserved)
(e) The tax imposed by this Section shall not apply to sales of utility services to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when sold for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512.
(f) The tax imposed by this Section shall not apply to sales of natural gas or liquefied petroleum gas used to propel a motor vehicle.
(g) The tax imposed by this Section shall not apply to:
(1) revenues received by a municipally owned utility in the form of fees charged to persons constructing residential, commercial or industrial developments or connecting residential, commercial or industrial developments to a municipal utility system or systems if the fees are segregated and used only for capital expansion, system enlargement or debt service of the utility system or systems.
(2) revenues received by any person or persons owning a utility system in the form of reimbursement or contribution compensation for property and equipment installed to provide utility access to, on or across the land of an actual utility consumer if the property and equipment become the property of the utility. This exclusion shall not exceed the value of such property and equipment.
(h) The tax imposed by this Section shall not apply to sales of alternative fuel as defined in A.R.S.
§ 1-215, to a used oil fuel burner who has received a Department of Environmental Quality permit to burn used oil or used oil fuel under A.R.S. § 49-426 or § 49-480.
Sec. 12-485. (Reserved)
Article V – Administration
Sec. 12-500. Administration of this Chapter; rule making.
(a) The administration of this Chapter is vested in and exercised by the Town of Colorado City, and except as otherwise provided, and all payments shall be made to the Town of Colorado City. The Town may, pursuant to an intergovernmental agreement, contract with the State of Arizona Department of Revenue for the administration of the tax. In such cases, “Tax Collector” shall also mean the Arizona Department of Revenue, when acting as agent in administering this tax.
(b) The Tax Collector shall prescribe the forms and procedures necessary for the administration of the taxes imposed by this Chapter.
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(c) Except where such Regulations would conflict with administrative regulations adopted by the Town Council or with provisions of this Chapter, all regulations on the Transaction Privilege Tax adopted by the Arizona Department of Revenue under the authority of A.R.S. § 42-1005 shall be considered Regulations of this Chapter and enforceable as such.
(d) Taxpayers shall be subject to the State taxpayer bill of rights (A.R.S. §§ 42-2051 et seq.).
(e) The unified audit committee shall publish uniform guidelines that interpret the model city tax code and that apply to all cities and towns that have adopted the model city tax code as provided by
A.R.S. § 42-6005.
(1) Prior to finalization of uniform guidelines that interpret the model city tax code, the unified audit committee shall disseminate draft guidelines for public comment.
(2) Pursuant to A.R.S. § 42-6005(D), when the state statutes and the model city tax code are the same and where the Arizona Department of Revenue has issued written guidance, the department’s interpretation is binding on cities and towns.
Sec. 12-510. Divulging of information prohibited; exceptions allowing disclosure.
(a) Except as specifically provided, it shall be unlawful for any official or employee of the Town to make known information obtained pursuant to this Chapter concerning the business financial affairs or operations of any person.
(b) The Town Council may authorize an examination of any return or audit of a specific taxpayer made pursuant to this Chapter by authorized agents of the Federal Government, the State of Arizona, or any political subdivisions.
(c) The Tax Collector may provide to an Arizona county, city, or town any information concerning any taxes imposed in this Chapter relative to the taxing ordinances of that county, city, or town.
(d) Successors, receivers, trustees, personal representatives, executors, guardians, administrators, and assignees, if directly interested, may be given information by the Tax Collector as to the items included in the measure and amounts of any unpaid tax, interest, and penalties required to be paid.
(e) Upon a written direction by the Town Attorney or other legal advisor to the Town designated by the Town Council, officials or employees of the Town may divulge the amount and source of income, profits, leases, or expenditures disclosed in any return or report, and the amount of such delinquent and unpaid tax, penalty, or interest, to a private collection agency having a written collection agreement with the Town.
(f) The Tax Collector shall provide information to appropriate representatives of any Arizona city or town to comply with the provisions of A.R.S. § 42-6003, A.R.S. § 42-6005, and A.R.S. § 42-6056.
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(g) The Tax Collector may provide information to authorized agents of any other Arizona governmental agency involving the allocation of taxes imposed by Section 12-435 upon publishing and distribution of periodicals.
(h) The Tax Collector may provide information regarding the enforcement and collection of taxes imposed by this Chapter to any governmental agency with which the Town has an agreement.
Sec. 12-515. (Reserved)
Sec. 12-516. (Reserved)
Sec. 12-517. (Reserved)
Sec. 12-520. Reporting and payment of tax.
(a) The taxpayer shall be required to use the report form authorized by the Tax Collector and shall mail or deliver the same, together with remittance for the amount of tax due, payable to the Town of Colorado City, to the Tax Collector or any Town representative or agent authorized to receive such payment. The tax return shall be signed by the taxpayer or his authorized agent, and such signature shall be evidence that the person signing the return verifies the accuracy of the information supplied in the return.
(b) Payment. If payment is made in any form other than United States legal tender, the tax obligation shall not be satisfied until the payment has been honored in funds.
(c) Requirement of Security. If a taxpayer has remitted payment in the form of a check or other form of draw upon a bank or third party and such remittance has not been honored in funds, the Tax Collector may demand security for future payments.
(d) Method of Reporting. Each taxpayer shall elect to report on either a cash receipts basis or an accrual basis and shall indicate the choice on the Privilege License application. A taxpayer shall not change his reporting method without receiving prior written approval by the Tax Collector.
(1) Taxpayers must report all gross income subject to the tax using the same basis of reporting.
(2) Taxes imposed upon construction contracting shall be reported as follows:
(A) Construction contractors shall report on either a progressive billing (“accrual”) basis or cash receipts basis.
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(B) Speculative builders shall report the gross income derived from sale of improved real property at close of escrow or at transfer of title or possession, whichever occurs earlier.
(C) Owner-builders who are not speculative builders shall report taxable amounts as provided in Section 12-417.
Sec. 12-530. When tax due; when delinquent; verification of return; extensions.
(a) Except as otherwise specified in this Section, the taxes levied under this Chapter shall be due, payable, and delinquent on the dates specified for the State Transaction Privilege Taxes in A.R.S. §
42-5014. The taxpayer shall report on the taxes imposed by this Chapter at such frequency to be identical to the taxpayer’s reporting frequency for the reporting of State Transaction Privilege Taxes.
(b) (Reserved)
(c) (Reserved)
(d) (Reserved)
(e) The Tax Collector may for good cause extend the date for making any return required under the provisions of this Section as prescribed by A.R.S. § 42-1107.
Sec. 12-540. Interest and civil penalties.
Any taxpayer who shall have failed to timely pay any taxes imposed by this Chapter, or file a report for the same in a timely manner, or fail or refuse to allow examination of records by the Tax Collector, shall be subject to any interest or civil penalties on such tax in like manner as such interest and penalties are provided in A.R.S. §§ 42-1123 and 42-1125 for the State Transaction Privilege Tax.
(a) (Reserved)
(b) (Reserved)
(c) (Reserved)
(d) (Reserved)
(e) (Reserved)
(f) (Reserved)
(g) (Reserved)
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(h) (Reserved)
(I) (Reserved)
Sec. 12-541. (Reserved)
Sec. 12-542. Prospective application of new law or interpretation or application of law.
(a) Unless expressly authorized by law, the Tax Collector shall not apply any newly enacted legislation retroactively or in a manner that will penalize a taxpayer for complying with prior law.
(b) If the Tax Collector adopts a new interpretation or application of any provision of this Chapter or determines that any provision applies to a new or additional category or type of business and the change in interpretation or application is not due to a change in the law:
(1) the change in interpretation or application applies prospectively only unless it is favorable to taxpayers.
(2) the Tax Collector shall not assess any tax, penalty or interest retroactively based on the change in interpretation or application.
(c) For purposes of subsection (b), “new interpretation or application” includes policies and procedures which differ from established interpretations of this Chapter.
(d) (Reserved)
Sec. 12-545. Deficiencies; when inaccurate return is filed; when no return is filed; estimates.
(a) If a taxpayer has failed to file a return or if the Tax Collector is not satisfied with the return or payment of tax required, the Tax Collector may redetermine the tax due, plus penalties and interest, and notify the taxpayer, as provided and prescribed by A.R.S. §§ 42-1108 and 42-1109.
(1) (Reserved)
(2) (Reserved)
(b) Estimates by the Tax Collector. Any estimate made by the Tax Collector is to be made on a reasonable basis. The existence of another reasonable basis of estimation does not, in any way, invalidate the Tax Collector’s estimate. It is the responsibility of the taxpayer to prove that the Tax Collector’s estimate is not reasonable and correct, by providing sufficient documentation of the type and form required by this Chapter or satisfactory to the Tax Collector.
120 Colorado City – Administration Sec. 12-546. (Reserved)
Sec. 12-550. Limitation periods.
(a) Except as provided elsewhere in this Chapter, deficiency assessments for the taxes imposed by this Chapter must be issued within the limitation periods prescribed in A.R.S. § 42-1104, and must meet the provisions of A.R.S. § 42-1108.
(b) (Reserved)
(c) In cases of failure to file a return or a false or fraudulent return, the limitation period shall be as prescribed in A.R.S. § 42-1109.
(d) Special provisions relating to owner-builders. The limitation for an owner-builder subject to the tax as prescribed in Section 12-417 shall be based upon the date such tax liability is reportable or was reported, as provided in Section 12-417.
Sec. 12-555. Tax Collector may examine books and other records; failure to provide records.
(a) The Tax Collector may require the taxpayer to provide and may examine any books, records, or other documents of any person who, in the opinion of the Tax Collector, might be liable for any tax under this Chapter, for any periods available to him under Section 12-550.
(b) (Reserved)
(c) (Reserved)
(d) The Tax Collector may use any generally accepted auditing procedures, including sampling techniques, to determine the correct tax liability of any taxpayer. The Tax Collector shall ensure that the procedures used are in accordance with generally accepted auditing standards.
(e) The fact that the taxpayer has not maintained or provided such books and records which the Tax Collector considers necessary to determine the tax liability of any person does not preclude the Tax Collector from making any assessment. In such cases, the Tax Collector is authorized to use estimates, projections, or samplings, to determine the correct tax. The provisions of Section 12-545(b), concerning estimates, shall apply.
(f) (Reserved)
Sec. 12-556. (Reserved)
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Sec. 12-560. Erroneous payment of tax; credits and refunds; limitations.
(a) Except as provided in Section 12-565, the period within which a claim, meeting the requirements of subsection (c) of this Section, for credit may be filed, or refund allowed or made if no claim is filed, shall be as provided in A.R.S. §§ 42-1106 and 42-1118. For purposes of this Section, “claimant” means a taxpayer that has paid a tax imposed under this article and has submitted a credit or refund claim under this Section. Except where the taxpayer has granted a customer a power of attorney to pursue a credit or refund claim on the taxpayer’s behalf, claimant does not include any customer of such taxpayer, whether or not the claimant collected the tax from customers by separately stated itemization.
(b) (Reserved)
(c) A credit or refund claim submitted by a claimant for credit or refund of any taxes, penalties, or interest paid must be in writing and:
(1) Identify the name, address and city tax identification number of the taxpayer; and
(2) Identify the dollar amount of the credit or refund requested; and
(3) Identify the specific tax period involved; and
(4) Identify the specific grounds upon which the claim is based.
(d) (Reserved)
(e) (Reserved)
(f) Interest shall be allowed on the overpayment of tax for any credit or refund authorized pursuant to this Section at the rate and in the manner set forth in Section 12-540(a). Interest shall be calculated from the date the Tax Collector receives the claimant’s written claim meeting the requirements of subsection (c) of this Section.
(g) The denial of a refund by the Tax Collector is subject to the provisions of A.R.S. § 42-1119.
(h) Claimants shall be subject to the State taxpayer bill of rights (A.R.S. §§ 42-2051 et seq.), except that reasonable fees and other costs may be awarded and are not subject to the monetary limitations of A.R.S. § 42-2064 if the Tax Collector’s position was not substantially justified or was brought for the purpose of harassing the claimant, frustrating the credit or refund process or delaying the credit or refund. For the purposes of this Section, “reasonable fees and other costs” means fees and other costs that are based on prevailing market rates for the kind and quality of the furnished services, not to exceed the amounts actually paid for expert witnesses, the cost of any study, analysis, report, test, project or computer program that is found to be necessary to prepare the claimant’s case and necessary fees for attorneys or other representatives.
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(I) (Reserved)
(j) Any refund paid under the provisions of this Section shall be paid from the Privilege Tax revenue accounts.
Sec. 12-565. Payment of tax by the incorrect taxpayer or to the incorrect Arizona city or town.
(a) When it is determined that taxes have been reported and paid to the City by the wrong taxpayer, any taxes erroneously paid shall be transferred by the City to the privilege tax account of the person who actually owes and should have paid such taxes, provided that the City receives an assignment and waiver signed by both the person who actually paid the tax and the person who should have paid the tax.
(b) An assignment and waiver provided under this Section, must:
(1) identify the name and City privilege license number of the person who erroneously paid the tax and the person who should have paid the tax.
(2) provide that the person who erroneously paid the tax waives any right such person may have to a refund of the taxes erroneously paid.
(3) authorize the City Treasurer to transfer the erroneously paid tax to the privilege tax account of the person who should have paid the tax.
(c) When it is determined that taxes have been reported and paid to the wrong Arizona city or town, such taxes shall be remitted to the correct city or town, provided that the city or town to whom the taxes were erroneously paid receives an assignment and waiver signed by both the person who actually paid the tax and the person who should have paid the tax. Where the person who actually paid the tax and the person who should have paid the tax are one and the same, no assignment and waiver need be provided. The City shall neither pay nor charge any interest or penalty on any overpayment or underpayment except such interest and penalty actually paid by the taxpayer relating to such tax.
(d) This Section in no way limits or restricts the applicability of any remedies which may otherwise be available under A.R.S. § 42-6003. The limitations and procedures set forth in A.R.S. § 42-6003 shall apply to all payments under this Section.
(e) When reference is made in this Section to this City or an Arizona city or town, and payments made to or requested from this City or an Arizona city or town, the provisions shall be applicable to the Arizona Department of Revenue when it is acting for or on behalf of this City or an Arizona city or town.
Sec. 12-567. (Reserved)
Tax Code 123
Sec. 12-570. Administrative review; petition for hearing or for redetermination; finality of order.
(a) Closing agreements between the Tax Collector and a taxpayer have no force of law unless made in accordance with the provisions of A.R.S. § 42-1113.
(b) Administrative review.
(1) Petitions of appeal shall be made to, and hearings shall be conducted by, the Arizona Department of Revenue, in accordance with the provisions of A.R.S.§§ 42-1251 et seq., as modified by Section 12-571.
(2) (Reserved)
(3) (Reserved)
(4) (Reserved)
(5) Hearings shall be held by the Arizona Department of Revenue in accordance with the provisions of A.R.S.§§ 42-1251 et seq.. The Department’s decision may be appealed to the State Board of Tax Appeals, in accordance with the provisions of A.R.S.§§ 42-1251 et seq..
(6) (Reserved)
(7) (Reserved)
(8) (Reserved)
(c) (Reserved)
(d) (Reserved)
(e) Taxpayers shall be subject to the State taxpayer bill of rights (A.R.S. § 42-2051 et. seq.).
Sec. 12-571. Jeopardy assessments.
(a) If the Tax Collector believes that collection of any amounts imposed by this Chapter will be jeopardized by delay, he shall issue notice to the taxpayer in accordance with the provisions of A.R.S. § 42-1111.
(b) In cases where such jeopardy notice has been issued, the taxpayer must meet the provisions of
A.R.S. § 42-1111, concerning appeals of jeopardy assessments, before any request for administrative review shall be honored. Any bond or collateral that may be required shall meet the provisions of
A.R.S. § 42-1102.
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(c) (Reserved)
(d) (Reserved)
(e) (Reserved)
Sec. 12-572. (Reserved)
Sec. 12-575. Judicial review.
(a) Appeal of a State Board of Tax Appeals decision to the courts is valid only if all the provisions of A.R.S.§§ 42-1251 et seq. are met.
(b) (Reserved)
(c) (Reserved)
(d) (Reserved)
(e) The Town has the burden of proof by a preponderance of the evidence in any court proceeding regarding any factual issue relevant to ascertaining the tax liability of a taxpayer. This subsection does not abrogate any requirement of this Chapter that requires a taxpayer to substantiate an item of gross income, exclusion, exemption, deduction, or credit. This subsection applies to a factual issue if a preponderance of the evidence demonstrates that:
(1) the taxpayer asserts a reasonable dispute regarding the issue.
(2) the taxpayer has fully cooperated with the tax collector regarding the issue, including providing within a reasonable period of time, access to and inspection of all witnesses, information and documents within the taxpayer’s control, as reasonably requested by the tax collector.
(3) the taxpayer has kept and maintained records as required by the Town.
(f) The issuance of an adjusted or corrected assessment or notice of refund due to the taxpayer, where made by the Tax Collector pursuant to the decision of the Hearing Officer, shall not be deemed an acquiescence by the Town or the Tax Collector in said decision, nor shall it constitute a bar or estoppel to the institution of an action or counterclaim by the Town to recover any amounts claimed to be due to it by virtue of the original assessment.
(g) After the initiation of any action in the appropriate court by either party, the opposite party may file such counterclaim as would be allowed pursuant to the Arizona Rules of Civil Procedure.
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Sec. 12-577. (Reserved)
Sec. 12-578. (Reserved)
Sec. 12-580. Criminal penalties.
(a) It is unlawful for any person to knowingly or willfully:
(1) fail or refuse to make any return required by this Chapter.
(2) fail to remit as and when due the full amount of any tax or additional tax or penalty and interest thereon.
(3) make or cause to be made a false or fraudulent return.
(4) make or cause to be made a false or fraudulent statement in a return, in written support of a return, or to demonstrate or support entitlement to a deduction, exclusion, or credit or to entitle the person to an allocation or apportionment or receipts subject to tax.
(5) fail or refuse to permit any lawful examination of any book, account, record, or other memorandum by the Tax Collector.
(6) fail or refuse to remit any tax collected by such person from his customer to the Tax Collector before the delinquency date next following such collection.
(7) advertise or hold out to the public in any manner, directly or indirectly, that any tax imposed by this Chapter, as provided in this Chapter, is not considered as an element in the price to the consumer.
(8) fail or refuse to obtain a Privilege License or to aid or abet another in any attempt to intentionally refuse to obtain such a license or evade the license fee.
(9) reproduce, forge, falsify, fraudulently obtain or secure, or aid or abet another in any attempt to reproduce, forge, falsify, or fraudulently obtain or secure, an exemption from taxes imposed by this Chapter.
(b) The violation of any provision of subsection (a) above shall constitute a Class One Misdemeanor.
(c) In addition to the foregoing penalties, any person who shall knowingly swear to or verify any false or fraudulent statement, with the intent aforesaid, shall be guilty of the offense of perjury and on conviction thereof shall be punished in the manner provided by law.
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Sec. 12-590. Civil actions.
(a) Liens.
(1) Any tax, penalty, or interest imposed under this Chapter which has become final, as provided in this Chapter, shall become a lien when the Town perfects a notice and claim of lien setting forth the name of the taxpayer, the amount of the tax, penalty, and interest, the period or periods for which the same is due, and the date of accrual thereof, the amount of the recording costs by the county recorder in any county in which the taxpayer owns real property and the documentation and lien processing fees imposed by the Town council and further, stating that the Town claims a lien therefor.
(2) The notice of claim of lien shall be signed by the tax collector under his official seal or the official seal of the Town, and, with respect to real property, shall be recorded in the office of the County Recorder of any county in which the taxpayer owns real property, and, with respect to personal property shall be filed in the office of the Secretary of State. After the notice and claim of lien is recorded or filed, the taxes, penalties, interest and recording costs and lien processing fees referred to above in the amounts specified therein shall be a lien on all real property of the taxpayer located in such county where recorded, and all tangible personal property of the taxpayer within the State, superior to all other liens and assessments recorded or filed subsequent to the recording or filing of the notice and claim of lien.
(3) Every tax and any increases, interest, penalties, and recording costs and lien processing fees referred to above, shall become from the time the same is due and payable a personal debt from the person liable to the Town, but shall be payable to and recoverable by the Tax Collector and which may be collected in the manner set forth in subsection (b) below.
(4) Any lien perfected pursuant to this Section shall, upon payment of the taxes, penalties, interest, recording costs and lien processing fees referred to above and lien release fees imposed by the county recorder in any county in which the lien was recorded, thereby, be released by the Tax Collector in the same manner as mortgages and judgments are released. The Tax Collector may, at his sole discretion, release a lien in part, that is, against only specified property, for partial payment of moneys due the Town.
(b) Actions to recover tax. The Arizona Department of Revenue, or any agent or representative authorized by that Department, may bring action, in the name of the Town, to recover taxes as provided in A.R.S. § 42-1114.
Sec. 12-595. Collection of taxes when there is succession in and/or cessation of business.
(a) In addition to any remedy provided elsewhere in this Town Code that may apply, the Tax Collector may apply the provisions of subsections (b) through (d) below concerning the collection of taxes when there is succession in and/or cessation of business.
Tax Code 127
(b) The taxes imposed by this Chapter are a lien on the property of any person subject to this Chapter who sells his business or stock of goods, or quits his business, if the person fails to make a final return and payment of the tax within fifteen (15) days after selling or quitting his business.
(c) Any person who purchases, or who acquires by foreclosure, by sale under trust deed or warranty deed in lieu of foreclosure, or by any other method, improved real property or a portion of improved real property for which the Privilege Tax imposed by this Chapter has not been paid shall be responsible for payment of such tax as a speculative builder or owner builder, as provided in Sections 12-416 and 12-417.
(1) Any person who is a creditor or an affiliate of creditor, who acquires improved real property directly or indirectly from the creditor’s debtor by any means set forth in this subsection, shall pay the tax based on the amount received by the creditor or its affiliate in a subsequent sale of such improved real property to a party unrelated to the creditor, regardless of when such subsequent sale takes place. Such tax shall be due in the month following the month in which the sale of the improved real property by the creditor or its affiliate occurs. Notwithstanding the foregoing, if the real property meets the definition of partially improved residential real property in Section 12-416(a)(4) and all of the requirements of Section 12-416(b)(4) are met by the parties to the subsequent sale transaction, then the tax shall not apply to the subsequent sale.
(2) In the event a creditor or its affiliates uses the acquired improved real property for any business purpose, other than operating the property in the manner in which it was operated, or was intended to be operated, before the acquisition or in any other manner unrelated to selling the property, the tax shall be due. The gross income upon which the tax shall be determined pursuant to Sections 12- 416 and 12-417 shall be the fair market value of the improved real property as of the date of acquisition. The tax shall be due in the month following the month in which such first business use occurs. When applicable, the credit bid shall be deemed to be the fair market value of the property as of the date of acquisition.
(3) Once the subsequent sale by the creditor or its affiliate has occurred and the creditor or its affiliate has paid the tax due from it pursuant to this subsection, neither the creditor nor its affiliate, nor any future owner, shall be liable for any outstanding tax, penalties or interest that may continue to be due from the debtor based on the transfer from the debtor to the creditor or its affiliate.
(4) If the tax liability imposed by either Section 12-416 or Section 12-417 on the transfer of the improved real property to the creditor or its affiliate, or any part thereof, is paid to the tax collector by the debtor subsequent to payment of the tax by the creditor or its affiliate, the amount so paid may constitute a credit, as equitably determined by the tax collector in good faith, against the tax imposed on the creditor or its affiliate by either paragraph 1 or paragraph 2 of this subsection.
(5) Notwithstanding anything in this chapter to the contrary, if a creditor or its affiliate is subject to tax as described in paragraph 1 or paragraph 2 of this subsection and such creditor or affiliate has not previously been required to be licensed, such creditor or affiliate shall become licensed no later than the date on which the tax is due.
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(d) A person’s successors or assignees shall withhold from the purchase money an amount sufficient to cover the taxes required to be paid, and interest or penalties due and payable, until the former owner produces a receipt from the Tax Collector showing that all Town tax has been paid or a certificate stating that no amount is due as then shown by the records of the Tax Collector. The Tax Collector shall respond to a request from the seller for a certificate within fifteen (15) days by either providing the certificate or a written notice stating why the certificate cannot be issued.
(1) If a subsequent audit shows a deficiency arising before the sale of the business, the deficiency is an obligation of the seller and does not constitute a liability against a buyer who has received a certificate from the Tax Collector.
(2) If the purchaser of a business or stock of goods fails to obtain a certificate as provided by this Section, he is personally liable for payment of the amount of taxes required to be paid by the former owner on account of the business so purchased, with interest and penalties accrued by the former owner or assignees.
(Am. Ord. 2011-02, passed 9-12-2011)
Sec. 12-596. (Reserved)
Sec. 12-597. (Reserved)
Article VI – Use Tax
Sec. 12-600. Use tax: definitions
For the purposes of this Article only, the following definitions shall apply, in addition to the definitions provided in Article I:
“Acquire (for Storage or Use)” means purchase, rent, lease, or license for storage or use.
“Retailer” also means any person selling, renting, licensing for use, or leasing tangible personal property under circumstances which would render such transactions subject to the taxes imposed in Article IV, if such transactions had occurred within this Town.
“Storage (within the Town)” means the keeping or retaining of tangible personal property at a place within the Town for any purpose, except for those items acquired specifically and solely for the purpose of sale, rental, lease, or license for use in the regular course of business or for the purpose of subsequent use solely outside the Town.
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“Use (of Tangible Personal Property)” means consumption or exercise of any other right or power over tangible personal property incident to the ownership thereof except the holding for the sale, rental, lease, or license for use of such property in the regular course of business.
Sec. 12-601. (Reserved)
Sec. 12-602. (Reserved)
Sec. 12-610. Use tax: imposition of tax; presumption.
(a) There is hereby levied and imposed, subject to all other provisions of this Chapter, an excise tax on the storage or use in the Town of tangible personal property, for the purpose of raising revenue to be used in defraying the necessary expenses of the Town, such taxes to be collected by the Tax Collector.
(b) The tax rate shall be at an amount equal to two percent (2%) of the:
(1) cost of tangible personal property acquired from a retailer, upon every person storing or using such property in this Town.
(2) gross income from the business activity upon every person meeting the requirements of subsection 12-620(b) or (c) who is engaged or continuing in the business activity of sales, rentals, leases, or licenses of tangible personal property to persons within the Town for storage or use within the Town, to the extent that tax has been collected upon such transaction.
(3) cost of the tangible personal property provided under the conditions of a warranty, maintenance, or service contract.
(4) cost of complimentary items provided to patrons without itemized charge by a restaurant, hotel, or other business.
(5) cost of food consumed by the owner or by employees or agents of the owner of a restaurant or bar subject to the provisions of Section 12-455 of this Chapter.
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(c) It shall be presumed that all tangible personal property acquired by any person who at the time of such acquisition resides in the Town is acquired for storage or use in this Town, until the contrary is established by the taxpayer.
(d) Exclusions. For the purposes of this Article, the acquisition of the following shall not be deemed to be the purchase, rental, lease, or license of tangible personal property for storage or use within the Town:
(1) stocks, bonds, options, or other similar materials.
(2) lottery tickets or shares sold pursuant to Article I, Chapter 5, Title 5, Arizona Revised
Statutes.
(3) Platinum, bullion, or monetized bullion, except minted or manufactured coins transferred or acquired primarily for their numismatic value as prescribed by Regulation.
(e) (Reserved)
Sec. 12-620. Use tax: liability for tax.
The following persons shall be deemed liable for the tax imposed by this Article; and such liability shall not be extinguished until the tax has been paid to this Town, except that a receipt from a retailer separately charging the tax imposed by this Chapter is sufficient to relieve the person acquiring such property from further liability for the tax to which the receipt refers:
(a) Any person who acquires tangible personal property from a retailer, whether or not such retailer is located in this Town, when such person stores or uses said property within the Town.
(b) Any retailer not located within the Town, selling, renting, leasing, or licensing tangible personal property for storage or use of such property within the Town, may obtain a License from the Tax Collector and collect the Use Tax on such transactions. Such retailer shall be liable for the Use Tax to the extent such Use Tax is collected from his customers.
(c) Every agent within the Town of any retailer not maintaining an office or place of business in this Town, when such person sells, rents, leases, or licenses tangible personal property for storage or use in this Town shall, at the time of such transaction, collect and be liable for the tax imposed by this Article upon the storage or use of the property so transferred, unless such retailer or agent is liable for an equivalent excise tax upon the transaction.
(d) Any person who acquires tangible personal property from a retailer located in the Town and such person claims to be exempt from the Town Privilege or Use tax at the time of the transaction, and upon which no Town Privilege Tax was charged or paid, when such claim is not sustainable.
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(e) Every person storing or using tangible personal property under the conditions of a warranty, maintenance, or service contract.
Sec. 12-630. Use tax: recordkeeping requirements.
All deductions, exclusions, exemptions, and credits provided in this Article are conditional upon adequate proof of documentation as required by Article III or elsewhere in this Chapter.
Sec. 12-640. Use tax: credit for equivalent excise taxes paid another jurisdiction.
In the event that an equivalent excise tax has been levied and paid upon tangible personal property which is acquired to be stored or used within this Town, full credit for any and all such taxes so paid shall be allowed by the Tax Collector but only to the extent Use Tax is imposed upon that transaction by this Article.
Sec. 12-650. Use tax: exclusion when acquisition subject to Use Tax is taxed or taxable elsewhere in this Chapter; limitation.
The tax levied by this Article does not apply to the storage or use in this Town of tangible personal property acquired in this Town, the gross income from the sale, rental, lease, or license of which were included in the measure of the tax imposed by Article IV of this Chapter; provided, however, that any person who has acquired tangible personal property from a vendor in this Town without paying the Town Privilege Tax because of a representation to the vendor that the property was not subject to such tax, when such claim is not sustainable, may not claim the exclusion from such Use Tax provided by this Section.
Sec. 12-660. Use tax: exemptions.
The storage or use in this Town of the following tangible personal property is exempt from the Use Tax imposed by this Article:
(a) tangible personal property brought into the Town by an individual who was not a resident of the Town at the time the property was acquired for his own use, if the first actual use of such property was outside the Town, unless such property is used in conducting a business in this Town.
(b) tangible personal property, the value of which does not exceed the amount of one thousand dollars ($1,000) per item, acquired by an individual outside the limits of the Town for his personal use and enjoyment.
(c) charges for delivery, installation, or other customer services, as prescribed by Regulation.
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(d) charges for repair services, as prescribed by Regulation.
(e) separately itemized charges for warranty, maintenance, and service contracts.
(f) prosthetics.
(g) income-producing capital equipment.
(h) rental equipment and rental supplies.
(I) mining and metallurgical supplies.
(j) motor vehicle fuel and use fuel which are used upon the highways of this State and upon which a tax has been imposed under the provisions of Article I or II, Chapter 16, Title 28, Arizona Revised Statutes.
(k) tangible personal property purchased by a construction contractor, but not an owner-builder, when such person holds a valid Privilege License for engaging or continuing in the business of construction contracting, and where the property acquired is incorporated into any structure or improvement to real property in fulfillment of a construction contract.
(l) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor ships or delivers the motor vehicle to a destination outside this State.
(m) tangible personal property which directly enters into and becomes an ingredient or component part of a product sold in the regular course of the business of job printing, manufacturing, or publication of newspapers, magazines or other periodicals. Tangible personal property which is consumed or used up in a manufacturing, job printing, publishing, or production process is not an ingredient nor component part of a product.
(n) rental, leasing, or licensing for use of film, tape, or slides by a theater or other person taxed under Section 12-410, or by a radio station, television station, or subscription television system.
(o) food served to patrons for a consideration by any person engaged in a business properly licensed and taxed under Section 12-455, but not food consumed by owners, agents, or employees of such business.
(p) tangible personal property acquired by a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property is in fact used in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512.
(q) food for home consumption.
(r) the following tangible personal property purchased by persons engaging or continuing in the business of farming, ranching, or feeding livestock, poultry or ratites:
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(1) seed, fertilizer, fungicides, seed treating chemicals, and other similar chemicals.
(2) feed for livestock, poultry or ratites, including salt, vitamins, and other additives to such
feed.
(3) livestock, poultry or ratites purchased or raised for slaughter, but not including livestock purchased or raised for production or use, such as milch cows, breeding bulls, laying hens, riding or work horses.
(4) neat animals, horses, asses, sheep, swine, or goats acquired for the purpose of becoming breeding or production stock, including the acquisition of breedings or ownership shares in such animals.
This exemption shall not be construed to include machinery, equipment, fuels, lubricants, pharmaceuticals, repair and replacement parts, or other items used or consumed in the running, maintenance, or repair of machinery, equipment, buildings, or structures used or consumed in the business of farming, ranching, or feeding of livestock, poultry or ratites.
(s) groundwater measuring devices required by A.R.S. § 45-604.
(t) (Reserved)
(u) aircraft acquired for use outside the State, as prescribed by Regulation.
(v) sales of food products by producers as provided for by A.R.S. §§ 3-561, 3-562 and 3-563.
(w) (Reserved)
(x) (Reserved)
(y) tangible personal property donated to an organization or entity qualifying as an exempt organization under 26 U.S.C Section 501(c)(3); if and only if:
(1) the donor is engaged or continuing in a business activity subject to a tax imposed by Article IV; and
(2) the donor originally purchased the donated property for resale in the ordinary course of the donor’s business; and
(3) the donor obtained from the donee a letter or other evidence satisfactory to the Tax Collector of qualification under 26 U.S.C. Section 501(c)(3) from the Internal Revenue Service or other appropriate federal agency; and
(4) the donor maintains, and provides upon demand, such evidence to the Tax Collector, in a manner similar to other documentation required under Article III.
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(z) (Reserved)
(aa) tangible personal property used in remediation contracting as defined in Section 12-100 and Regulation 12-100.5.
(bb) materials that are purchased by or for publicly funded libraries including school district libraries, charter school libraries, community college libraries, state university libraries or federal, state, county or municipal libraries for use by the public as follows:
(1) printed or photographic materials.
(2) electronic or digital media materials.
(cc) food, beverages, condiments and accessories used for serving food and beverages to a commercial airline, as defined in A.R.S. § 42-5061(A)(49), that serves the food and beverages to its passengers, without additional charge, for consumption in flight. For the purposes of this subsection, “accessories” means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food.
(dd) wireless telecommunication equipment that is held for sale or transfer to a customer as an inducement to enter into or continue a contract for telecommunication services that are taxable under Section 12-470.
(ee) (Reserved)
(ff) alternative fuel as defined in A.R.S. § 1-215, by a used oil fuel burner who has received a Department of Environmental Quality permit to burn used oil or used oil fuel under A.R.S. § 49-426 or
§ 49-480.
(gg) food, beverages, condiments and accessories purchased by or for a public educational entity, pursuant to any of the provisions of Title 15, Arizona Revised Statutes; to the extent such items are to be prepared or served to individuals for consumption on the premises of a public educational entity during school hours. For the purposes of this subsection, “accessories” means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food.
(hh) personal hygiene items purchased by a person engaged in the business of and subject to tax under Section 12-444 of this code if the tangible personal property is furnished without additional charge to and intended to be consumed by the person during his occupancy.
(ii) The diversion of gas from a pipeline by a person engaged in the business of operating a natural or artificial gas pipeline, for the sole purpose of fueling compressor equipment to pressurize the pipeline, is not a sale of the gas to the operator of the pipeline.
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(jj) Food, beverages, condiments and accessories purchased by or for a nonprofit charitable organization that has qualified as an exempt organization under 26 U.S.C Section 501(c)(3) and regularly serves meals to the needy and indigent on a continuing basis at no cost. For the purposes of this subsection, “accessories” means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food.
(kk) sales of motor vehicles that use alternative fuel if such vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative fuel and sales of equipment that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as defined in A.R.S. § 1-215.
(ll) the storage, use or consumption of tangible personal property in the city or town by a school district or charter school.
(Am. Ord. 2011-02, passed 9-12-2011)
REGULATIONS – PRIVILEGE AND EXCISE TAXES
Reg. 12-100.1. Brokers
(a) For the purposes of proper administration of this Chapter and to prevent evasion of taxes imposed, brokers shall be wherever necessary treated as taxpayers for all purposes, and shall file a return and remit the tax imposed on the activity on behalf of the principal. No deduction shall be allowed for any commissions or fees retained by such broker, except as provided in Section 12-405, relating to advertising commissions.
(b) Brokers for vendors. A broker acting for a seller, lessor, or other similar person deriving gross income in a category upon which this Chapter imposes a tax shall be liable for such tax, even if his principal would not be subject to the tax if he conducted such activity in his own behalf, by reason of the activity being deemed a “casual” one. For example:
(1) An auctioneer or other sales agent of tangible personal property is subject to the tax imposed upon retail sales, even if such sales would be deemed “casual” if his principal had sold such items himself.
(2) A property manager is subject to the tax imposed upon rental, leasing, or licensing of real property, even if such rental, leasing, or licensing would be deemed “casual” if his principal managed such real property himself.
(c) Brokers for vendees. A broker acting solely for a buyer, lessee, tenant, or other similar person who is a party to a transaction which may be subject to the tax, shall be liable for such tax and for filing a return in connection with such tax only to the extent his principal is subject to the tax.
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(d) The liability of a broker does not relieve the principal of liability except upon presentation to the Tax Collector of proof of payment of the tax, and only to the extent of the correct payment. The broker shall be relieved of the responsibility to file and pay taxes upon the filing and correct payment of such taxes by the principal.
(e) (Reserved)
(f) Location of Business. Retail sales by brokers acting for another person shall be deemed to have occurred at the regular business location of the broker, in a manner similar to that used to determine “out-of-Town sales”; provided, however, that an auctioneer is deemed to be engaged in business at the site of each auction.
Reg. 12-100.2. Delivery, installation, or other direct customer services.
(a) “Delivery Charges” exist only when the total charges to the ultimate customer or consumer include, as separately charged to the ultimate customer, charges for delivery to the ultimate consumer, whether the place of delivery is within or without the Town, and when the taxpayer’s books and records show the separate delivery charges.
(1) Identification to the customer or consumer that the listed price has “delivery included” or other similar expression is insufficient to show the delivery as a separate charge. Only the separately stated charge for the delivery shall be deemed a “delivery charge”.
(2) Freight in. Charges for delivery from place of production or the manufacturer to the vendor either directly or through a chain of wholesalers or jobbers or other middlemen are deemed “freight-in” and are not considered delivery.
(b) “Installation”, as used in this definition, relates only to tangible personal property. Installation to real property is deemed construction contracting in this Chapter. Examples of installation relating to tangible personal property are: installing a radio in an automobile; applying sun screens on the windows of a boat; installing cabinets, carpeting, or “built-in appliances” to a camper or motorized recreational vehicle.
(c) Repair of tangible personal property is not included in this definition. See Regulation 12- 465.1.
(d) “Direct Customer Services” means services other than repair rendered directly to the customer. Services or labor provided by any person prior to the transfer of tangible personal property to the customer or consumer are not included in this definition. In the following examples, the requirements of subsection (e) below are referred to by the words “identify” or “identification.”
(1) A retailer sells a customer a $100 “plug-in” appliance, with a $25 delivery and installation charge. If the retailer identifies the $25 delivery and installation charge, it is a charge for direct customer services.
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(2) A caterer charges his customer $1,000 for the food and drink served, $300 for setup and site cleanup, and $500 for bartender and waiters. If all charges are properly identified, only the $300 for set up and cleanup is a charge for direct customer services, and the $1,500 for food and service is restauranting gross income.
(3) Persons engaged in engraving on wood, metal, stone, etc. or persons engaged in retouching photographs or paintings may consider such charges for labor as direct customer services.
(4) All charges by a photographer resulting in the sale of a photograph (sitting charges, developing, making enlargements, retouching, etc.) for services that occur prior to transfer of tangible personal property are not direct customer services.
(5) An equipment rental company charging $25 for delivery may consider such delivery charge as a charge for direct customer service only if such charge is properly identified.
(6) Even if identified, charges for labor incurred in the production of any manufactured article or of a custom-made article (jewelry, artwork, tailoring, draperies, etc.) are not included in this definition, as such labor occurs prior to the transfer of property.
(e) Recordkeeping requirements.
(1) Any person who engages in transactions involving these services must:
(A) Separately bill, invoice, or charge the customer for such services in a manner by which the customer or consumer may readily identify the specific dollar amount of the service charge; and
(B) Maintain business books and records in a manner in which the separate charge for such services can be clearly identified, to the satisfaction of the Tax Collector.
(2) Rendering a statement to a customer for a transaction involving such services and the transfer of tangible personal property which only indicates the total amount of the charges with words such as “services included” or “charge includes labor and parts” or similar a expression does not satisfy the requirements of this subsection.
Reg. 12-100.3. Retailers.
When in the opinion of the Tax Collector it is necessary for efficient administration of this Chapter, he may regard any salesman, representative, peddler, canvasser, or agent of any dealer, distributor, supervisor, or employer under whom he operates or from whom he obtains tangible personal property for sale, rental, lease, or license as a retailer for the purposes of this Chapter, irrespective of whether he is making sales, rentals, leases, or licenses on his own behalf or on behalf of others. The Tax Collector may also regard such dealer, distributor, supervisor, or employer as a retailer for the purposes of this Chapter.
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Reg. 12-100.4. Out-of-Town/Out-of-State Sales: Sales to Native Americans.
Sales to Native Americans or tribal councils by vendors located within the Town shall be deemed sales within the Town, unless all of the following conditions exist:
(1) the vendor has properly accounted for such sales, in a manner similar to the recordkeeping requirements for out-of-Town sales; and,
(2) all of the following elements of the sale exist:
(A) solicitation and placement of the order occurs on the reservation; and
(B) delivery is made to the reservation; and
(C) payment originates from the reservation.
Reg. 12-100.5. Remediation Contracting.
The following activities are considered remediation contracting and are exempt:
(1) excavation, transportation, treatment, and/or disposal of contaminated soil for purposes of site remediation (rather than characterization);
(2) installation of groundwater extraction and/or injection wells for purposes of groundwater remediation;
(3) installation of pumps and piping into groundwater extraction wells for remediation purposes;
(4) installation of vapor extraction wells for the purpose of soil or groundwater remediation;
(5) construction of remediation systems, such as groundwater treatment plants, vapor extraction systems, or air injection systems;
(6) connection of remediation systems to utilities;
(7) abandonment of groundwater or vapor extraction wells;
(8) removal/demolition of remediation systems;
(9) capping/closure construction activities; and
(10) service or handling charges for subcontracted remediation contracting activities.
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Reg. 12-115.1. Computer hardware, software, and data services.
(a) Definitions.
(1) “Computer Hardware” (also called “computer equipment” or “peripherals”) is the components and accessories which constitute the physical computer assembly, including but not limited to: central processing unit, keyboard, console, monitor, memory unit, disk drive, tape drive or reader, terminal, printer, plotter, modem, document sorter, optical reader and/or digitizer, network.
(2) “Computer Software” (also called “computer program”) is tangible personal property, and includes:
(A) “Operating Program (Software)” (also called “executive program (software)”), which is the programming system or technical language upon which or by means of which the basic operating procedures of the computer are recorded. The operating program serves as an interface with user applied programs and allows the user to access the computer’s processing capabilities.
(B) “Applied Program (Software)”, which is the programming system or technical language (including the tape, disk, cards, or other medium upon which such language or program is recorded) designed either for application in a specialized use, or upon which or by means of which a plan for the solution of a particular problem is based. Typically, applied programs can be transferred from one computer to another via storage media. Examples of applied programs include: payroll processing, general ledger, sales data, spreadsheet, word processing, and data management programs.
(3) “Storage Medium” is any hard disk, compact disk, floppy disk, diskette, diskpack, magnetic tape, cards, or other medium used for storage of information in a form readable by a computer, but not including the memory of the computer itself.
(4) A “Terminal Arrangement” (also called “’on-line’ arrangement”) is any agreement allowing access to a remote central processing unit through telecommunications via hardware.
(5) A “Computer Services Agreement” (also called “data services agreement”) is an agreement allowing access to a computer through a third-party operator.
(b) For the purposes of this Chapter, transfer of title and possession of the following are deemed sales of tangible personal property and any other transfer of title, possession, or right to use for a consideration of the following is deemed rental, leasing, or licensing of tangible personal property:
(1) Computer hardware or storage media. Rental, leasing, or licensing for use of computer hardware or storage media includes the lessee’s use of such hardware or storage media on the lessor’s premises.
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(2) Computer software which is not custom computer programming. Such prewritten (“canned”) programs may be transferred to a customer in the form of punched cards, magnetic tape, or other storage medium, or by listing the program instructions on coding sheets. Transfer is deemed to have occurred whether title to the storage medium upon which the program is recorded, coded, or punched passes to the customer or the program is recorded, coded, or punched on storage medium furnished by the customer. Gross income from the transfer of such prewritten programs includes:
(A) the entire amount charged to the customer for the sale, rental, lease, or license for use of the storage medium or coding sheets on which or into which the prewritten program has been recorded, coded, or punched.
(B) the entire amount charged for the temporary transfer or possession of a prewritten program to be directly used or to be recorded, coded, or punched by the customer on the customer’s premises.
(C) license fees, royalty fees, or program design fees; any fee present or future, whether for a period of minimum use or of use for extended periods, relating to the use of a prewritten program.
(D) the entire amount charged for transfer of a prewritten (“canned”) program by remote telecommunications from the transferor’s place of business to or through the customer’s computer.
(E) any charge for the purchase of a maintenance contract which entitles the customer to receive storage media on which prewritten program improvements or error corrections have been recorded or to receive telephone or on-site consultation services, provided that:
(I) if such maintenance contract is not optional with the customer, then the charges for the maintenance contract, including the consultation services, are deemed gross income from the transfer of the prewritten program.
(ii) if such maintenance contract is optional with the customer but the customer does not have the option to purchase the consultation services separately from the storage media containing the improvements or error corrections, then the charges for the maintenance contract, including the consultation services, are deemed gross income from the transfer of the prewritten program.
(iii) if such maintenance contract is optional with the customer and the customer may purchase the consultation services separately from the storage media containing the improvements or error corrections, then only the charges for such improvements or error corrections are deemed gross income from the transfer of a prewritten program and charges for consultation are deemed to be charges for professional services.
(c) Producing the following by means of computer hardware is deemed to be the activity of job printing for the purposes of this Chapter:
(1) statistical reports, graphs, diagrams, microfilm, microfiche, photorecordings, or any other information produced or compiled by a computer; except as provided in subsection (e) below.
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(2) additional copies of records, reports, manuals, tabulations, etc. “Additional Copies” are any copies in excess to those produced simultaneously with the production of the original and on the same printer, whether such copies are prepared by running the same program, by using multiple printers, by looping the program, by using different programs to produce the same output, or by other means.
(d) Charges for the use of communications channel in conjunction with a terminal arrangement or data services agreement are deemed gross income from the activity of providing telecommunication services.
(e) The following transactions are deemed direct customer services, provided that charges for such services are separately stated and maintained as provided by Regulation 12-100.2(e):
(1) “Custom (Computer) Programming”, which is any computer software which is written or prepared for a single customer, including those services represented by separately stated charges for the modification of existing prewritten programs.
(A) Custom computer programming is deemed a professional service regardless of the form in which the programming is transferred.
(B) Custom programming includes such programming performed in connection with the sale, rental, lease, or license for use of computer hardware, provided that the charges for such are separately stated from the charges for the hardware.
(C) Custom computer programming includes a program prepared to the special order of a customer who will use the program to produce copies of the program for sale, rental, lease, or license. The subsequent sale, rental, lease, or license of such a program is deemed the sale, rental, lease, or license of a prewritten program.
(2) Training services related to computer hardware or software, provided further that:
(A) the provider of such training services is deemed the ultimate consumer of all tangible personal property used in training others or provided to such trainees without separately itemized charge for the materials provided.
(B) training deemed a direct customer service does not include:
(I) training materials, books, manuals, etc. furnished to customers for a charge separate from the charge for training services.
(ii) training provided to customers without separate charge as part of the sale, rental, lease, or license of computer hardware or software, or as part of a terminal arrangement or data services agreement.
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(3) The use of computer time through the use of a terminal arrangement or a data service agreement, but not charges for computer hardware located at the customer’s place of business (for example, the terminal, a printer attached to the terminal, a modem used to communicate with the remote central processing unit over a telephone line).
(4) Compiling and producing, as part of a terminal arrangement or computer services agreement, original copies of statistical reports, graphs, diagrams, microfilm, microfiche, photorecordings, or other information for the same person who supplied the raw data used to create such reports.
(f) The purchase, rental, lease, or license for use of computer hardware, storage media, or computer software which is not deemed custom programming is deemed the use or storage of tangible personal property for the purpose of this Chapter, and the amount which may be subject to Use Tax shall be determined in the same manner as the determination of the gross income from the sale, rental, lease, or license for use of such.
Reg. 12-120.1. Food for home consumption: recordkeeping and reporting requirements.
(a) Reporting. Such persons who sell food for home consumption shall, in conjunction with the return required pursuant to Section 12-520, report to the Tax Collector in a manner prescribed by the Tax Collector all sales of food for home consumption exempted from taxes imposed by this Chapter.
(b) Recordkeeping.
(1) Retailers shall maintain accurate, verifiable, and complete records of all purchases and sales of tangible personal property in order to verify exemptions from taxes imposed by this Chapter. A retailer may use any method of reporting that properly reflects all purchases and sales of food for home consumption, as well as all purchases and sales of items subject to taxes imposed by this Chapter, provided that such records are maintained in accordance with Article III, and regulations of the Tax Collector.
(2) Any person who fails to maintain records as provided herein shall be deemed to have had no sales of food for home consumption, and if upon request by the Tax Collector, a person cannot demonstrate to the Tax Collector that such records and reports do properly reflect all sales of food for home consumption, the Tax Collector may recompute the amount of tax to be paid as provided in Sections 12-370 and 12-545(b).
Reg. 12-200.1. When deposits are includable in gross income.
(a) Refundable deposits shall be includable as gross income of the taxpayer for the month in which the deposits are forfeited by the lessee.
(b) (Reserved)
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Reg. 12-250.1. Excess tax collected.
If a taxpayer collects taxes in excess of the combined tax rate from any customer in any transaction, all such excess tax shall be paid to the taxing jurisdictions in proportion to their effective rates. The right of the taxpayer to charge his customer for his own liability for tax does not allow the taxpayer to enrich himself at the cost of his customers. Tax paid on an activity that is not subject to tax or that qualifies for an exemption, deduction, exclusion or credit is not excess tax collected.
Reg. 12-270.1. Proprietary activities of municipalities are not considered activities of a governmental entity.
The following activities, when performed by a municipality, are considered to be activities of a person engaged in business for the purposes of this Chapter, and not excludable by reason of Section 12-270:
(a) rental, leasing, or licensing for use of real property to other than another department or agency of the municipality.
(b) producing, providing, or furnishing electricity, electric lights, current, power, gas (natural or artificial), or water to consumers or ratepayers.
(c) sale of tangible personal property to the public, when similar tangible personal property is available for sale by other persons, as, for example, at police or surplus auctions.
Reg. 12-270.2. Proprietary clubs.
(a) Equity requirements. In order to qualify for exclusion under Section 12-270, a proprietary club must actually be owned by the members. For the purposes of qualification, a club will be deemed to be member-owned if at least eighty-five percent (85%) of the equity of the total amount of club-owned property is owned by bona fide individual members whose membership is represented in the form of shares, certificates, bonds, or other indicia of capital interest. A corporation may be considered an individual owner provided that it owns a membership solely for the benefit of one or more of its employees and it is not engaged in any business activity connected with the operation of the club.
(b) Gross revenue requirements. In computing gross revenue for the computation of this fifteen percent (15%) rule of subsection 12-270(c)(1),
(1) the following shall be excluded:
(A) membership dues.
(B) membership fees which relate to the general admission to the club on a periodic (or perpetual) basis.
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(C) assessments.
(D) special fund raising events, raffles, etc.
(E) donations, gifts, or bequests.
(F) gate receipts, admissions, and program advertising for not more than one tournament in any calendar year.
(2) the following must be included:
(A) green fees, court use fees, and similar charges for the actual use of a facility or part
thereof.
(B) pro shop sales if the shop is owned by the club.
(C) golf cart rental if the carts are owned by the club.
(D) rentals, percentages, or commissions received for permitting the use of the premises or any portion thereof by a caterer, concessionaire, professional, or any other person for sales, rental, leasing, licensing, catering, food or beverage service, or instruction.
(E) all receipts from food or beverage sales, room use or rental charge, corkage and catering charges, and similar receipts.
(F) locker and locker room fees and attendants charges if paid to the club.
(G) tournament entry fees other than entry fees for the one annual tournament exempt under subsection (b)(1)(F) above.
Reg. 12-300.1. Who must apply for a license.
(a) For the purposes of determining whether a license is required under Section 12-300, a person shall be deemed to be “engaged in or continuing in business” within the Town, if he meets any of the following conditions:
(1) He is engaged in any activity subject to the Town’s Privilege Taxes as principal or broker.
(2) He has or maintains within the Town directly, or if a corporation by a subsidiary, an office, distribution house, sales house, warehouse or other place of business, or any agent or other representative operating within this Town under the authority of such person or if a corporation its subsidiary, irrespective of whether such place of business or agent or other representative is located here permanently or temporarily or whether such person or subsidiary is authorized or licensed to do business in this State or this Town.
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(3) He is soliciting sales, orders, contracts, leases, and other similar forms of business relationships, within the Town from customers, consumers, or users located within the Town, by means of salesmen, solicitors, agents, representatives, brokers, and other similar agents or by means of catalogs or other advertising, whether such orders are received or accepted within or without this Town.
(4) He is regularly engaged in any activity subject to the Town’s Use Tax; provided, however, that individuals are not normally required to obtain a license because they acquire items outside the Town for their own or their family’s personal use and enjoyment.
(5) He is required to report and pay the tax upon Rental Occupancy imposed by Section 12-
440.
(b) (Reserved)
Reg. 12-300.2. (Reserved)
Reg. 12-310.1. (Reserved)
Reg. 12-310.2. (Reserved)
Reg. 12-310.3. (Reserved)
Reg. 12-350.1. Recordkeeping: income.
The minimum records required for persons having gross income subject to, or exempt or excluded from, tax by this Chapter must show:
(a) the gross income of the taxpayer attributable to any activity occurring in whole or in part in the Town.
(b) the gross income taxable under this Chapter, divided into categories as stated in the official Town tax return.
(c) the gross income subject to Arizona Transaction Privilege Taxes, divided into categories as stated in the official State tax return.
(d) the gross income claimed to be exempt, and with respect to each activity or transaction so claimed:
(1) if the transaction is claimed to be exempt as a sale for resale or as a sale, rental, lease, or license for use of rental equipment:
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(A) the Town Privilege License number and State Transaction Privilege Tax License number of the customer (or the equivalent city, if applicable, and state tax numbers of the city and state where the customer resides), and
(B) the name, business address, and business activity of the customer, and
(C) evidence sufficient to persuade a reasonably prudent businessman that the transaction is believed to be in good faith a purchase for resale, or a purchase, rental, lease, or license for use of rental equipment, by the vendee in the ordinary and regular course of his business activity, as provided by Regulation.
(2) if the transaction is claimed to be exempt for any other reason:
(A) the name, business address, and business activity of the customer, and
(B) evidence which would establish the applicability of the exemption to a reasonably prudent businessman acting in good faith. Ordinary business documentation which would reasonably indicate the applicability of an exemption shall be sufficient to relieve the person on whom the tax would otherwise be imposed from liability therein, if he acts in good faith as provided by Regulation.
(e) with respect to those allowed deductions or exclusions for tax collected or charges for delivery or other direct customer services, where applicable, evidence that the deductible income has been separately stated and shown on the records of the taxpayer and on invoices or receipts provided to the customer. All other deductions, exemptions, and exclusions shall be separately shown and substantiated.
(f) with respect to special classes and activities, such other books, records, and documentation as the Tax Collector, by regulation, shall deem necessary for specific classes of taxpayer by reason of the specialized business activity of any such class.
(g) In all cases, the books and records of the taxpayer shall indicate both individual transaction amounts and totals for each reporting period for each category of taxable, exempt, and excluded income defined by this Chapter.
Reg. 12-350.2. Recordkeeping: expenditures.
The minimum records required for persons having expenditures, costs, purchases and rental or lease or license expenses subject to, or exempt or excluded from, tax by this Chapter are:
(a) the total price of all goods acquired for use or storage in the Town.
(b) the date of acquisition and the name and business address of the seller or lessor of all goods acquired for use or storage in the Town.
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(c) documentation of taxes, freight, and direct customer service labor separately charged and paid for each purchase, rental, lease, or license.
(d) the gross price of each acquisition claimed as exempt from tax, and with respect to each transaction so claimed, sufficient evidence to satisfy the Tax Collector that the exemption claimed is applicable.
(e) as applicable to each taxpayer, documentation sufficient to the Tax Collector, so that he may ascertain:
(1) all construction expenditures and all Privilege and Use Taxes claimed paid, relating to owner-builders and speculative builders.
(2) disbursement of collected gratuities and related payroll information required of restaurants.
(3) (Reserved)
(A) (Reserved)
(B) (Reserved)
(4) the validity of any claims of proof of exemption, as provided by Regulation.
(5) a claimed alternative prior value for reconstruction.
(6) all claimed exemptions to the Use Tax imposed by Article VI of this Chapter.
(7) (Reserved)
(8) payments of tax to the Arizona Department of Transportation and computations therefor, when a motor-vehicle transporter claims such the exemption.
(9) payments by tenants subject to the tax upon Rental Occupancy imposed by Section 12-
440.
(f) any additional documentation as the Tax Collector, by Regulation, shall deem necessary for any specific class of taxpayer by reason of the specialized business activity of specific exemptions afforded to that class of taxpayer.
(g) In all cases, the books and records of the taxpayer shall indicate both individual transaction amounts and totals for each reporting period for each category of taxable, exempt, and excluded expenditures as defined by this Chapter.
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Reg. 12-350.3. Recordkeeping: out-of-Town and out-of-State sales.
(a) Out-of-Town Sales. Any person engaging or continuing in a business who claims out-of-Town sales shall maintain and keep accounting records or books indicating separately the gross income from the sales of tangible personal property from such out-of-Town branches or locations.
(b) Out-of-State Sales. Persons engaged in a business claiming out-of-State sales shall maintain accounting records or books indicating for each out-of-State sale the following documentation:
(1) documentation of location of the buyer at the time of order placement; and
(2) shipping, delivery, or freight documents showing where the buyer took delivery; and
(3) documentation of intended location of use or storage of the tangible personal property sold to such buyer.
(Am. Ord. 2011-02, passed 9-12-2011)
Reg. 12-360.1. Proof of exemption: sale for resale; sale, rental, lease, or license of rental equipment.
A claim of purchase for resale or of purchase, rental, lease, or license for rent, lease, or license is valid only if the evidence is sufficient to persuade a reasonably prudent businessman that the particular item is being acquired for resale or for rental, lease, or license in the ordinary course of business. The fact that the acquiring person possesses a Privilege License number, and makes a verbal claim of “sale for resale or lease” or “lease for re-lease” does not meet this burden and is insufficient to justify an exemption. The “reasonable evidence” must be evidence which exists objectively, and not merely in the mind of the vendor, that the property being acquired is normally sold, rented, leased, or licensed by the acquiring person in the ordinary course of business. Failure to obtain such reasonable evidence at the time of the transaction will be a basis for disallowance of any claimed deduction on returns filed for such transactions.
Reg. 12-360.2. Proof of exemption: exemption certificate.
For the purpose of proof of exemption, in transactions other than those in which the proof is set by standard documentation as detailed in Regulations 12-350.1 and 12-360.1, the minimum acceptable proof and documentation for each transaction shall be the completion, at the time of the transaction, in all material respects, of a certificate containing all the information set forth below. For the purpose of validating the vendor’s claim of exemption, such certificate is sufficient if executed by any person with apparent authority to act for the customer, and the information provided validates the claim.
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INVALID UNLESS COMPLETED IN FULL
VENDOR’S NAME Sales Invoice No.
Customer’s Exemption Claim
Town of Colorado City Privilege License (Sales) Tax
Customer’s Business Name:
Customer’s Business Address:
Specific Business Activity: (e.g., if retailer, lessor, or
manufacturer, specify items leased, sold or made, i.e., cars,
computers, clothes, etc.)
Customer’s License Nos.
City:
State:
ITEMS CLAIMED AS EXEMPT FROM TAX
: All Items on This Invoice or Purchase Order.
or
: Only Those Items marked with An “E”. REASON FOR CLAIMED EXEMPTION:
: The items claimed as exempt are sold, rented, leased, or licensed by the above named customer in the normal course of its business activity.
or
: The items claimed as exempt are exempt from the Town of Colorado City Privilege Tax for the following specific reason(s):
CUSTOMER’S CERTIFICATE
I certify that the above information is accurate to the best of my information and belief, and that I am authorized by the Customer above to acquire the items claimed as exempt on a tax-free basis on its behalf. I further understand that the making of a false or fraudulent claim to obtain a tax exemption is a Class One Misdemeanor under Town Code Section 12-580.
Name Date
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Title
Reg. 12-405.1. Local advertising examples.
For the purposes of illustration only, and not by way of limitation, the following are provided as examples of local advertising subject to the tax:
(1) retail sales and rental establishments doing business within the State when only one commonly designated business entity is identified by name in the advertisement.
(2) financial institutions doing business within the State whether part of a national chain or local business only.
(3) sales of real estate located within the State.
(4) health care facilities located within the State.
(5) hotels, motels, and apartments, whether a national chain or local so long as the advertisement identifies any location within the State.
(6) brokers doing business within the State whether stockbrokers, real estate brokers, insurance brokers, etc.
(7) nonprofit organizations, which even though tax exempt, have an office, whether national, local, or branch, within the State.
(8) political activity, except United States Presidential and Vice Presidential candidates.
(9) restaurants or food service establishments which have one or more branches, outlets, or franchises within the State even though the local franchisee or licensee may not be responsible for the placement of the advertisement.
(10) services provided by individuals or entities within the State such as doctors, lawyers, architects, hairdressers, auto repair shops, counseling services, utilities, contractors, auction houses, etc.
(11) coupons redeemable only at a single commonly designated business entity within the
State.
(12) theater, sports, and other entertainment events held at locations within the State.
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Reg. 12-405.2. Advertising activity within the Town.
(a) In General. Except as provided elsewhere in this regulation, a person engaged in advertising activity shall be considered to be doing business entirely within the Town if all or a major portion of the dissemination facilities such as broadcasting studios, printing plants, or distribution centers are located within the Town limits. Remote studios patched to an in-Town studio and subject to engineering modulation or control at the in-Town studio are considered studios doing business in the Town.
(b) Billboards and other outdoor advertising companies shall be considered to be doing business within the Town to the extent they have billboards or similar displays within the Town.
(c) Publishers and distributors of newspaper and other periodicals shall be subject to the tax upon advertising imposed by Section 12-405 and such tax shall be allocated in the manner prescribed by subsection (e) of Section 12-435.
Reg. 12-407.1. (Reserved)
Reg. 12-415.1. Distinction between the categories of construction contracting.
For the purposes of this Chapter, transactions involving improvements to, or sales of, real property are designated into one of the following categories, and these categorizations shall apply, whether or not a person designates himself as a contractor, construction manager, developer, or otherwise:
(a) A person performing improvements to real property is one of the following:
(1) an “Owner-Builder” when the work is performed by the owner or lessor or lessee-in- possession. An “owner-builder” may also be a “speculative builder”.
(2) a “Construction Contractor” when performing work for the owner or lessor or lessee-in- possession of the real property, unless that person has provided a written declaration stating that:
(A) the owner-builder is improving the property for sale; and
(B) the owner-builder is liable for the tax for such construction contracting activity; and
(C) the owner-builder has provided the contractor his town Privilege License number.
(3) a “Subcontractor” as provided in Section 12-415 (c).
(b) An owner or lessor (“owner-builder”) of improved real property is one of the following:
(1) a “Speculative Builder” as provided in Section 12-100; or
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(2) an “owner builder who is not a speculative builder” in all other cases.
(c) The terms “owner”, “lessor”, and “lessee-in-possession” shall be deemed to include any authorized agent for such person.
Reg. 12-415.2. Distinction between construction contracting and certain related activities.
(a) Certain rentals, leases, and licenses for use in connection with construction contracting. Rental, leasing, or licensing of earthmoving equipment with an operator shall be deemed construction contracting activity. Rental, leasing, or licensing of any other tangible personal property (with or without an operator) or of earthmoving equipment without an operator shall be deemed rental, leasing, or licensing of tangible personal property. For example:
(1) Rental of a backhoe, bulldozer, or similar earthmoving equipment with operator is construction contracting. Rental of these items without an operator is rental of tangible personal property.
(2) Rental of scaffolding, temporary fences, or barricades is rental of tangible personal property.
(3) Rental of pumps or cranes is rental of tangible personal property, whether or not an operator is provided with the equipment rented.
(b) Distinction between construction contracting, retail, and certain direct customer service activities.
(1) When an item is attached or installed on real property, it is a construction contracting activity and any subsequent repair, removal, or replacement of that item is construction contracting.
(2) Items attached or installed on tangible personal property are retail sales.
(3) Transactions where no tangible personal property is attached or installed are considered direct customer service activities (for example: carpet cleaning, lawn mowing, landscaping maintenance).
(4) Demolition, earth moving, and wrecking activities are considered construction contracting.
(c) Sale of consumable goods incorporated into or applied to real property is considered a retail sale and not construction contracting. Examples of consumable goods are lubricants, faucet washers, and air conditioning coolant, but not paint.
(d) Installation or removal of tangible personal property which has independent functional utility is considered a retail activity.
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(1) “Tangible personal property which has independent functional utility” must be able to substantially perform its function(s) without attachment to real property. “Attachment to real property” must include more than connection to water, power, gas, communication, or other service.
(2) Examples of tangible personal property which has independent functional utility include artwork, furnishings, “plug-in” kitchen equipment, or similar items installed by bolts or similar fastenings.
(3) Examples of tangible personal property which does not have independent functional utility include wall-to-wall carpeting, flooring, wallpaper, kitchen cabinets, or “built-in” dishwashers or ranges.
(4) The installation of window coverings (drapes, mini-blinds, etc.) is always a retail activity.
Reg. 12-415.3. Construction contracting; tax rate effective date.
(1) in the event an election is held, the date of election.
(2) in the event no election is held, the date of final adoption by the mayor and council.
(3) notwithstanding the above, nothing in this section shall be construed to prevent the town from establishing a later enactment date.
Reg. 12-416.1. Speculative builders: homeowner’s bona fide non-business sale of a family residence.
(a) A sale of a custom home, regardless of the stage of completion of such home shall be considered a “homeowner’s bona fide non-business sale” and not subject to the tax on speculative builders if:
(1) the property was actually used as the principal place of family residence or vacation residence by the immediate family of the seller for the six (6) months next prior to the offer for sale; and
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(2) the seller has not sold more than two (2) such residences (or, if the residence is a vacation residence, two (2) such vacation residences) within the thirty-six (36) months immediately prior to the offer for sale; and
(3) the seller has not licensed, leased, or rented the sold premises for any period within twenty-four (24) months prior to the offer for sale.
(b) In the event that a homeowner of a family residence contracts with a licensed construction contractor for improvements to a residence, the construction contracting on a family residence shall be presumed to be for an owner’s bona fide non-business purpose and all construction contractors shall be required to report and pay the tax imposed on all such improvements.
(c) Purchases by a homeowner of tangible personal property for inclusion in any construction, alteration, or repair of his residence shall be subject to tax as retail sales to the ultimate consumer.
(d) “Owner” and “Homeowner” as used in this Regulation shall only mean an individual, and no other entity, association, or representative shall qualify; except that an administrator, executor, personal representative, or guardian in guardianship or probate proceedings, for the estate of a deceased or incompetent person or a minor, may claim “homeowner” status for such person if such person would have otherwise qualified with respect to the specific property involved.
Reg. 12-416.2. Reconstruction contracting.
(a) “Reconstruction (of Real Property)” shall mean the subdividing of real property and, in addition, all construction contracting activities performed upon said real property; provided, however, that each of the following conditions are met:
(1) a structure existed on said real property prior to the reconstruction activity; and
(2) the “prior value” of said structure exceeds fifteen percent (15%) of the “prior value” of the integrated property (land, improvements, and structure); and
(3) the total cost of all construction contracting activities performed on said real property in the twenty-four (24) month period prior to the sale of any part of the real property exceeds fifteen percent (15%) of the “prior value” of the real property; and
(4) the structure which existed on the real property prior to the reconstruction activity still exists in some form upon the property, and is included, in whole or in part, in the property sold.
(b) Except as provided in subsection (c) below, “prior value” means the value of the total integrated property, with improvements, as existing immediately prior to any reconstruction activity. Where, according to Title 42 of the Arizona Revised Statutes, a property’s full cash value for secondary tax purposes is intended to represent the property’s fair market value, “prior value” shall be the property’s full cash value for secondary property tax purposes as determined by the County Assessor in the year
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immediately preceding the year in which the reconstruction improvement(s) are or could have been included in the County Assessor’s valuation. If the County Assessor’s valuation is contested or appealed, the final determination at either the administrative or judicial level shall apply. Where, according to Title 42 of the Arizona Revised Statutes, a property’s full cash value for secondary property tax purposes is not intended to represent the property’s fair market value, “prior value” shall be the property’s fair market value prior to the reconstruction improvement(s).
(c) “Alternative Prior Value” shall mean that as an alternative to the “prior value” defined above, the taxpayer may use his actual cost of the reconstructed property prior to the reconstruction, provided that evidence of such cost is presented to the Tax Collector and is determined by the Tax Collector, in his sole discretion, to be satisfactory. Such evidence shall consist, at a minimum, of proof of the actual, arms-length acquisition price, accompanied by a full appraisal of all property involved which appraisal shall have been performed by a real estate broker or MAI appraiser specifically for the purpose of assisting in the acquisition and further shall have been performed on behalf of the seller or a lending institution which has lent at least sixty-five percent (65%) of the acquisition price. (Only long term lending – not interim or construction financing will be considered.) This alternative value shall be used only if the property was acquired by the reconstruction taxpayer not more than thirty-six (36) months prior to a “sale” as defined below.
(d) A “sale” for the purpose of determining “alternative prior value” or “reconstruction” only shall be deemed to have occurred as of the date of the execution of a contract of sale or a deed (joint tenancy or warranty) whichever is earlier, to a purchaser or grantee of any single residential or other occupancy unit. In addition to the foregoing, a lease with option to purchase a single residential unit shall be considered a “sale” at the date of execution of such lease if said option is exercisable by the lessee in not later than nine (9) months. Further in the case of cooperative apartments, the sale date shall be the date of execution of the contract selling (subject or not to encumbrances, liens or security interests) of a share, or a sufficient number of shares which entitle the purchaser to the occupancy of a residential unit. In all cases a person shall include a husband and wife as a community, or any co – occupants of a single unit as joint tenants.
Reg. 12-425.1. Distinction between job printing and certain related activities.
(a) Computerized Printing. Computerized versions of all items which would be taxable under Section 12-425 if performed without computerized assistance are considered taxable under that Section, and therefore, are not exempt services.
(b) Book publishing. The printing of books shall be deemed job printing. Sales of books shall be deemed retail sales.
(c) Publication of newspapers, magazines, or other periodicals shall not be considered job printing for the purposes of this Chapter.
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Reg. 12-435.1. Distinction between publishing of periodicals and certain related activities.
(a) Book publishing shall not be considered publication of newspapers, magazines, or other periodicals for purposes of this Chapter. Sales of books shall be deemed retail sales. The printing of books shall be deemed job printing.
(b) Publication of newspapers, magazines, or other periodicals shall not be considered job printing for the purposes of this Chapter.
Reg. 12-435.2. Advertising income of publishers and distributors of newspapers and other periodicals.
Publishers and distributors of newspapers and other periodicals shall be subject to the tax upon advertising imposed by Section 12-405 and such tax shall be allocated in the manner prescribed by subsection (e) of Section 12-435.
Reg. 12-445.1. (Reserved)
Reg. 12-445.3. Rental, leasing, and licensing of real property as lodging: room and board; furnished lodging.
(a) Room and board.
(1) Rooming houses, lodges, or other establishments providing both lodging and meals, shall maintain a record of the separate charges made for the lodging and the meals.
(2) The charge for lodging shall be subject to the tax imposed by Section 12-444 or Section 12-445. The charge for meals is subject to the tax upon restaurants and bars prescribed by Section 12- 455.
(b) Furnished lodging. A person who provides lodging with furnishings shall be deemed to be only in the business of rental, leasing, and licensing of lodging, and not in the business of rental, leasing, and licensing of such furnishings as tangible personal property, unless:
(1) Any tenant of any lodging space may choose to rent, lease, or license such lodging space either furnished or unfurnished; and
(2) The lessor separately charges tenants for lodging and for furnishings; and
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(3) The lessor separately maintains his gross income from lodging and from furnishings separately in his accounting books and records.
If all of the above conditions are met, such person shall report both sources of income separately to the Town.
Reg. 12-450.1. Distinction between rental, leasing, and licensing for use of tangible personal property and certain related activities.
(a) Certain rentals, leases, and licenses for use in connection with construction contracting. Rental, leasing, or licensing of earthmoving equipment with an operator shall be deemed construction contracting activity. Rental, leasing, or licensing of any other tangible personal property (with or without an operator) or of earthmoving equipment without an operator shall be deemed rental, leasing, or licensing of tangible personal property. For example:
(1) Rental of a backhoe, bulldozer, or similar earthmoving equipment with operator is construction contracting. Rental of these items without an operator is rental of tangible personal property.
(2) Rental of scaffolding, temporary fences, or barricades is rental of tangible personal property.
(3) Rental of pumps or cranes is rental of tangible personal property, regardless of whether or not an operator is included with the equipment rented.
(b) Distinction between equipment rental, leasing, or licensing for use and transporting for hire. The hiring of mobile equipment (cranes, airplanes, limousines, etc.) is considered rental, leasing, or licensing of tangible personal property whenever the charge is for a fixed sum or hourly rate. By comparison, the activity of a common carrier conveying goods or persons for a fee based upon distance, and not time, shall be considered transporting for hire.
Reg. 12-450.2. Rental, leasing, and licensing for use of tangible personal property: membership fees; other charges.
(a) Membership, admission, or other fees charged by any rental club or limited access lessor are considered part of taxable gross income.
(b) Gross income from rental, leasing, or licensing for use of tangible personal property must include all charges by the lessor to the lessee for repair, maintenance, or other service upon the tangible personal property rented, leased, or licensed.
(c) Sale of a warranty, maintenance, or service contract as a requirement of, or in conjunction with, a rental, leasing, or licensing contract is exempt.
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Reg. 12-450.3. Rental, leasing, and licensing for use of equipment with operator.
In cases where the tangible personal property is rented, leased, or licensed with an operator provided by the lessor, the charge for the operator shall not be includable in the gross income from the rental, lease, or license of such tangible personal property if the charge for the operator and the charge for the use of the equipment are separately itemized to the lessee and separately maintained on the books and records of the lessor.
Reg. 12-450.4. Rental, leasing, and licensing for use of tangible personal property: semi-permanently or permanently installed tangible personal property.
(a) The term “semi-permanently or permanently installed” means that the item of tangible personal property has and is expected to have at the time of installation a permanent location at the site installed, as under a long-term lease agreement, except that the person using or applying said property may eventually replace it because it has become worn out or has become obsolete or the person ceases to have the right to possession of said property.
(b) An item of tangible personal property is deemed permanently installed if its installation requires alterations to the premises.
(c) Examples of “semi-permanently or permanently installed tangible personal property” include, but are not limited to: computers, duplicating machines, furniture not of portable design, major appliances, store fixtures.
(d) The term does not include mobile transportation equipment or tangible personal property designed for regular use at different locations or customarily used at different locations, as under numerous short-term rental, lease, or license agreements, whether or not such property is in fact so used.
(1) For example, use of a mobile crane, trencher, automobile, or other similar equipment shall be considered a rental, lease, or license transaction subject to taxation only by the city or town in which such business office of the lessor is based.
(2) Other similar examples include, but are not limited to: camping equipment, contracting equipment, chain saw, forklift, household items, invalid needs, janitorial equipment, reducing equipment, furniture of portable design, trucks or trailers, tools, towbars, sump pumps, arc welders.
(e) A rental, lease, or license agreement which specifies that the item in question shall remain, under the terms of the agreement, located within the same city or town for more than one hundred eighty (180) consecutive days shall be sufficient evidence that such rented, leased, or licensed item is “permanently or semi-permanently installed” in said city or town, except when the item is mobile transportation equipment or one of the other types of portable equipment or property described in subsection (d) above.
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Reg. 12-450.5 Rental, leasing, and licensing for use of tangible personal property: delivery, installation, repair, and maintenance charges.
(a) Delivery and installation charges in connection with the rental, leasing, and licensing of tangible personal property are exempt from the tax imposed by Section 12-450; provided that the provisions of Regulation 12-100.2 have been met.
(b) Gross income from the sale of a warranty, maintenance, or similar service contract in connection with the rental, leasing, and licensing of tangible personal property shall be exempt.
(c) Separately stated charges for repair not included as part of a warranty, maintenance, or similar service contract relating to the rental, leasing, or licensing of tangible personal property are exempt from the tax imposed by Section 12-450; however, such income is subject to the provisions of Sections 12-460 and 12-465, and the provisions of Regulation 12-465.1.
Reg. 12-455.1. Gratuities related to restaurant activity.
Gratuities charged by or collected by persons subject to the tax imposed by Section 12-455 may be excluded from gross income if:
(1) such charge is separately stated upon the bill, invoice, etc. provided the customer, and such amounts are maintained separately in the books and records of the taxpayer; and
(2) such gratuities are distributed in total to employees of the taxpayer in addition to customary and regular wages.
Reg. 12-460.1. Distinction between retail sales and certain other transfers of tangible personal property.
(a) Charges for transfer of tangible personal property included in the gross income of the business activity of persons engaged in the following business activities shall be deemed only as gross income from such business activity and not sales at retail taxed by Section 12-460:
(1) tangible personal property incorporated into real property as part of reconstruction or construction contracting, per Sections 12-415 through 12-418.
(2) (Reserved)
(3) job printing, per Section 12-425.
(4) mining, timbering, and other extraction, but not sales of sand, gravel, or rock extracted from the ground, per Section 12-430.
Tax Code 159
(5) publication of newspapers, magazines, and other periodicals, per Section 12-435.
(6) rental, leasing, and licensing of real or tangible personal property, per Sections 12-445 or
12-450.
(7) restaurants and bars, per Section 12-455.
(8) telecommunications services, per Section 12-470.
(9) utility services, per Section 12-480.
(b) Distinction between construction contracting, retail, and certain direct customer service activities.
(1) When an item is attached or installed on real property, it is a construction contracting activity and any subsequent repair, removal, or replacement of that item is construction contracting.
(2) Items attached or installed on tangible personal property are retail sales.
(3) Transactions where no tangible personal property is attached or installed are considered direct customer service activities (for example: carpet cleaning, lawn mowing, landscape maintenance).
(4) Demolition, earth moving, and wrecking activities are considered construction contracting.
(c) The sale of sand, rock, and gravel extracted from the ground shall be deemed a sale of tangible personal property and not mining or metallurgical activity.
(d) Sale of consumable goods incorporated into or applied to real property is considered a retail sale and not construction contracting. Examples of consumable goods are lubricants, faucet washers, and air conditioning coolant, but not paint.
(e) Installation or removal of tangible personal property which has independent functional utility is considered a retail activity.
(1) “Tangible personal property which has independent functional utility” must be able to substantially perform its function(s) without attachment to real property. “Attachment to real property” must include more than connection to water, power, gas, communication, or other service.
(2) Examples of tangible personal property which has independent functional utility include artwork, furnishings, “plug-in” kitchen equipment, or similar items installed by bolts or similar fastenings.
(3) Examples of tangible personal property which does not have independent functional utility include wall-to-wall carpeting, flooring, wallpaper, kitchen cabinets, or “built-in” dishwashers or ranges.
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(4) The installation of window coverings (drapes, mini-blinds, etc.) is always a retail activity.
Reg. 12-460.2. Retail sales: trading stamp company transactions.
A trading stamp transaction is defined as follows: the trading stamp company issues stamps to a vendor; the vendor then provides them to its customers; and the customer then exchanges the stamps for merchandise from the trading stamp company.
The exchange transaction for the merchandise shall be deemed a retail sale and the trading stamp company a retailer. All taxes imposed by this Chapter applicable to retail transactions are therefore applicable to such exchange transactions.
The rate of tax shall be the retail rate based upon the retail dollar value of the redeemed merchandise as expressed in the redemption dollar value per book of stamps or portion thereof. The tax imposition described herein is in lieu of any Privilege or Use Tax upon the business of issuing stamps, redeeming the same, or using or storing property redeemed.
Reg. 12-460.3. Retail sales: membership fees of retailers.
Membership, admission, or other fees charged by limited access retailers are considered part of taxable gross income of the business activity of selling tangible personal property.
Reg. 12-460.4. Retail sales: professional services.
(a) “Professional Services” refer to services rendered by such persons as doctors, lawyers, accountants, architects, etc. for their customers or clients where the services meet particular needs of a specific client and only apply in the factual context of the client and the final product has no retail value in itself. For example, opinion letters, workpapers, reports, etc. are not in a form which would be subject to retail sales to customers. However, transfer of items in a form which would be subject to retail sales (e.g., artwork, forms, manuals, etc.) would not be considered professional services. The issue is one of fact which must be resolved in each situation.
(b) Creative (“idea”) labor and design labor that do not result in tangible personal property that will be or can be sold are deemed professional services and, if charged separately and maintained separately in the taxpayer’s books and records, are not includable in gross income.
(c) “Professional services” shall be deemed to include those items of tangible personal property which are incidental to the services rendered, provided such tangible personal property is “inconsequential”.
(1) Incidental transfers of tangible personal property shall be regarded as “inconsequential”
if,
Tax Code 161
(A) the purchase price of the tangible personal property to the person rendering the professional services represents less than fifteen percent (15%) of the charge, billing, or statement rendered to the purchaser in connection with the transaction, and
(B) the tangible personal property transferred is not itself in a form which is subject to
retail sale.
(2) In cases where the tangible personal property transferred is deemed inconsequential, the provider of the tangible personal property so transferred is deemed the ultimate consumer of such tangible personal property, and subject to all applicable taxes imposed by this Chapter upon such transfer.
(d) Examples:
(1) The transfer of paper embodying the result or work product of the services rendered by an attorney or certified public accountant is regarded as inconsequential to the charges for professional services.
(2) An appraisal report issued by an appraiser, reflecting such appraiser’s efforts to appraise real estate, is regarded inconsequential.
(3) Use of a hair care product on a client’s hair by a barber or beautician in connection with performing professional services is usually inconsequential. On the other hand, if the barber or beautician supplies the customer with a bottle of the product for the client’s use thereafter and without the professional’s assistance, the transfer of the bottle of hair care product is deemed not inconsequential.
(4) If a mortician properly segregates his professional services from other taxable activities on his bill (invoice, contract), his gross income would include only the income derived from the sale of tangible personal property (casket, cards, flowers, etc.) and rental, leasing, or licensing of real and tangible personal property. His charges for professional services (embalming, cosmetic work, etc.)
would not be includable in gross income.
Reg. 12-460.5. Retail sales: monetized bullion; numismatic value of coins.
(a) “Monetized Bullion” means coins or other forms of money manufactured or minted from precious metals or other metals and issued as legal tender or a medium of exchange by or for any government authorized to do so.
(b) Any coin shall be considered to have been transferred or acquired primarily for its “Numismatic value” if the sale or acquisition price:
(1) is equal to or greater than twice (2 times) the value of the metallic content of the coin as of the date of transfer or acquisition; and
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(2) is equal to or greater than twice (2 times) its face value, in the case of a coin which, at the time of transfer or acquisition, was legal tender or a medium of exchange of the government issuing or authorizing its issuance.
Reg. 12-460.6. Retail sales: consignment sales.
Sales of merchandise acquired on consignment are taxable as retail sales. In cases where the merchant is acting as an agent on behalf of another dealer, sales of the consigned merchandise are taxable to the principal, provided the merchant makes full disclosure to customers that he is acting only as an agent for the named principal. However, when the principal is not deemed to be a dealer, such sales are considered to be those of the merchant and are taxable to him.
Reg. 12-465.1. Retail sales: repair services.
(a) Fair market value of parts and labor charges. The Tax Collector may examine the reporting of all transactions covered by this Section to determine if an “arms-length” price is charged for the parts and materials. The applicable tax may not be avoided by pricing a part, which ordinarily sells to the customer at $10, at $5 and including the difference as “service” or “labor”. In the absence of satisfactory evidence supplied by the taxpayer as to industry or business practice, the Tax Collector may use the cost of the part or materials to the taxpayer marked up by a reasonable profit, to estimate the gross income subject to tax.
(b) (Reserved)
Reg. 12-465.2. Retail sales: warranty, maintenance, and similar service contracts.
(a) Gross income from sales of warranty, maintenance, and service contracts is exempt from the tax imposed by Section 12-460.
(b) Transfers of tangible personal property in connection with a service, warranty, guaranty, or maintenance agreement between a vendor and a vendee shall be subject to tax under Section 12-460 only to the extent of gross income received from separately itemized charges made for the items of property transferred.
(c) The gross income derived from a maintenance insurance agreement, which agreement is entered into between the purchaser and any person other than the seller is not subject to tax imposed by Section 12-460. If the provider of the maintenance insurance agreement pays for tangible personal property on behalf of the insured in the performance of the agreement, such sales are subject to all applicable taxes imposed by this Chapter.
(d) Charges for tangible personal property provided under the terms of a warranty, maintenance, or service contract exempted under Section 12-465 are subject to tax as retail sales.
Tax Code 163
(e) However, gross income received by a dealer from a manufacturer for work performed under a manufacturer’s warranty is not taxable under Section 12-460.
Reg. 12-465.3. Retail sales: sale of containers, paper products, and labels.
(a) The sale of a container or similar packaging material which contains personal property and which is transferred to the customer with the sale of the product is not taxable as a sale for resale. Examples of such nontaxable containers include but are not limited to:
(1) packaging materials sold to a manufacturer of video equipment for containment of the product during shipment.
(2) cellophane-type wrap sold to a meat department or butcher for containment of the individually wrapped or contained meat.
(3) bags used to contain loose fungible goods such as fruits, vegetables, and other products sold in bulk, where such bags or containers are used to contain and measure the amount purchased by the customer.
(4) shopping bags and similar merchandising bags sold to grocery stores, department stores or other retailers.
(5) gift wrappings and gift boxes sold to department stores or other retailers.
(b) Sales of non-returnable or disposable paper (and similar products such as plastic or styrofoam) cups, lids, plates, bags, napkins, straws, knives, forks and other similar food accessories to a restaurant or others taxable under Section 12-455 for transfer by the restaurant to its customer to contain or facilitate the consumption of the food, drink or condiment are sales for resale and not taxable.
(c) Where a retailer imposes a charge for gift wrapping and the charge includes the container, paper, and other appropriate materials, the wrapping charge shall be considered a sale.
(d) Charges for returnable containers, where the charges are imposed on the customer, are subject to tax at the time of the transaction. A credit may be taken for the amount of refund after such refund is made.
(e) The sale of labels to a purchaser who affixes them to a primary container is a sale for resale and not taxable. Directional or instructional material included with products sold are considered to be part of the product and a sale for resale. However, the sale of items such as price tags, shipping tags, and advertising matter delivered to the customer in connection with the retail sale is taxable to the retailer as a retail sale to it, and is not exempt as a sale for resale.
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Reg. 12-465.4. Retail sales: aircraft acquired for use outside the State.
“Aircraft acquired for use outside the State” means aircraft, navigational and communication instruments, and other accessories and related equipment sold to:
(a) Any foreign government for use by such government outside of this State.
(b) Persons who are not residents of this State and who will not use such property in this State other than in removing such property from this State. This subsection also applies to corporations that are not incorporated in this State, regardless of maintaining a place of business in this State, if the principal corporate office is located outside this State and the property will not be used in this State other than in removing the property from this State.
Reg. 12-470.1. Telecommunication services.
(a) Gross income from the business activity of providing telecommunication services to consumers within this Town shall not include:
(1) charges for installation, maintenance, and repair of telecommunication equipment which are subject to the provisions of Sections 12-415, 12-416, or 12-417 (construction contracting); 12-445 (real property rental); 12-450 (tangible personal property rental); or 12-460 (retail sales); depending upon the nature of the work performed.
(2) separately billed advertising charges which are subject to the provisions of Section 12- 405 or 12-435.
(b) Mobile equipment. In cases where the customer is being provided telecommunication services to receiving/transmission equipment designed to be mobile in nature (for example, mobile telephones, portable hand-held two-way radios, paging devices, etc.), the provider shall, for the purposes of the tax imposed by this Section, determine whether such provider’s customers are “within this Town” as follows:
(1) by the billing address of the customer, provided that such address is a permanent residence or business location of the consumer within the State.
(2) in all other cases, the business location of the telecommunications provider.
Reg. 12-475.1. Distinction between transporting for hire and certain related activities.
The hiring of mobile equipment (cranes, airplanes, limousines, etc.) is deemed rental, leasing, or licensing for use of tangible personal property whenever the charge is for a fixed sum or hourly rate. By comparison, the activity of a common carrier conveying goods or persons for a fee based upon distance, and not time, shall be considered transporting for hire.
Tax Code 165
Reg. 12-520.1. (Reserved)
Reg. 12-520.2. Change of method of reporting.
(a) Any taxpayer electing to change his reporting method shall be permitted to do so only upon filing a written request to the Tax Collector and after receiving written approval of the Tax Collector. The approval shall state the effective date of the change.
(b) The Tax Collector may postpone such approval to allow for examination of the records of the taxpayer and may further require that all tax liability be satisfied up to the effective date of the change.
(c) Failure of the taxpayer to notify the Tax Collector and await approval before changing the method of reporting will subject the taxpayer to interest and penalties if his original method of reporting would produce higher taxes due the Town. When a person makes such change without the consent of the Tax Collector, the Tax Collector may audit his books and records to verify the tax liability as of the date of the change.
(d) Any taxpayer who has failed to indicate a choice of reporting method upon the application for a Privilege License shall be deemed to have chosen the accrual method of reporting.
Reg. 12-555.1. (Reserved)
Reg. 12-571.1. Collection of tax in jeopardy.
Evidence that collection of tax due is in jeopardy shall include documentation that:
(a) the taxpayer is going out of business.
(b) the taxpayer has no Town Privilege License or has no permanent business location in the State.
(c) the taxpayer has failed to timely pay any tax (or penalties and interest thereon) due to the Town on three (3) or more occasions within the previous thirty-six (36) calendar months.
(d) the taxpayer has remitted payment by check, which has been dishonored.
(e) the taxpayer has failed to comply with a formal written request of the Tax Collector made pursuant to Regulation 12-555.1.
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TITLE V: PUBLIC WORKS
Chapter
1
2010 S-1
2 Colorado City – Public Works
CHAPTER 50: SEWER REGULATIONS
Section
General Provisions
50.01 Definitions
50.02 Application for service
50.03 Monthly charges and rates
Extension Policy
50.15 Plans, specifications and construction
50.16 Costs of extension
50.17 Ownership
Department and Consumer Responsibilities
50.30 Sewer Department responsibilities and liabilities
50.31 Consumer responsibility
50.32 Interference with Water Department, Sewer Department or Building Inspector; digging up streets without permit
50.33 Unsanitary disposal of excrement prohibited
50.34 Private sewer systems
50.35 Tampering with equipment prohibited
50.36 Permit required
50.37 Application
50.38 Inspection and approval by Sewer Department or Building Inspector
50.39 Records to be kept by Sewer Department
Use of Public Sewers
50.50 Prohibited substances
50.51 Interceptors required
50.52 Authority of Sewer Department
50.53 Preliminary treatment
50.54 Manholes
50.55 Special agreements with industrial concerns
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4 Colorado City – Public Works
GENERAL PROVISIONS
§ 50.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
B.O.D. (BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in 5 days at 20°C, expressed in parts per million (p.p.m.) in weight.
BRANCH SEWER. A sewer which receives sewage from lateral sewers from a relatively small area.
BUILDING SEWER or HOUSE SEWER. The extension from the building drain to the sewer connection or other place of disposal.
COMBINED SEWER. A sewer receiving both surface runoff and sewage.
DEVELOPER. Any person engaged in the organizing and financing of a sewage collecting system within an area tributing to a trunk sewer of the town sewer system. Such may be either a subdivider or a legally constituted improvement district.
GARBAGE. Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
INDUSTRIAL WASTES. The liquid wastes from industrial processes as distinct from sanitary sewage.
LATERAL SEWER. A sewer which discharges into a branch or other sewer and has no other common sewer tributary to it.
MAIN SEWER. A sewer which receives sewage from 1 or more branch sewers as tributaries.
NATURAL OUTLET. Any outlet into a watercourse, ditch or other body of surface or ground
water.
pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PROPERLY SHREDDED GARBAGE. Garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than 1/4-inch in any dimension.
PUBLIC SEWER. A sewer controlled by public authority.
Sewer Regulations 5
SANITARY SEWER. A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
SEWAGE. A combination of the water carried wastes from residences, business buildings, institutions and industrial establishments together with such ground, surface and storm waters as may be present.
SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS. All facilities for collecting, pumping, treating and disposing of sewage.
SEWER CONNECTION. The connection to the public sewer and the extension therefrom of the sewer to the property line at the alley or the curb line of the street, whichever is applicable, depending on the location of the public sewer.
SEWER DEPARTMENT. Those officers and agents of the Town of Hildale supervising sewer operations for the Town of Colorado City.
STORM SEWER or STORM DRAIN. A sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
TRUNK SEWER. A sewer which receives sewage from many tributary main sewers and serves as an outlet for a large territory.
WATERCOURSE. A channel in which a flow of water occurs either continuously or intermittently.
(1986 Code, § 15-1)
§ 50.02 APPLICATION FOR SERVICE.
(A) No sewer connection connecting the town sanitary sewer system to any consumer shall be made by any person or the town except upon written application furnished to the town by the occupant of the premises to which sanitary sewer service is to furnished or his or her authorized agent.
(B) A monthly charge will be made for the sanitary sewer connection according to the rates fixed by the Sewer Department until the service is discontinued by order of the Sewer Department or written order of the occupant or his or her authorized agent.
(1986 Code, § 15-2-1) Penalty, see § 10.99
6 Colorado City – Public Works
§ 50.03 MONTHLY CHARGES AND RATES.
(A) The initial connect fee and minimum monthly charge as provided by the Sewer Department shall be made for each sanitary sewer connection regardless of the location. Water and sewer charges shall be billed on a combined statement.
(B) For service to trailer courts, camp grounds, auto courts or multiple unit dwellings, the minimum monthly charge shall be established by the Sewer Department.
(C) Prior to terminating service for nonpayment of amounts due, the Sewer Department will give written notice to the consumer and provide an opportunity for a hearing.
(1986 Code, § 15-2-2)
EXTENSION POLICY
§ 50.15 PLANS, SPECIFICATIONS AND CONSTRUCTION.
(A) A developer who wishes to extend sewer facilities must employ a civil engineer to perform the field engineering and prepare detailed plans and specifications for the sewer extension.
(B) The final detailed plans and specifications for the main sewer extension must be approved by the Arizona State Department of Health Services and by the Council before construction begins.
(C) The design and engineering will be in accordance with the specifications of the Arizona State Department of Health Services and the town prior to construction.
(D) The construction shall meet the town’s specifications requirements and approval and will be subject to inspection by the town’s agents during construction.
(E) Subject to the provisions of this chapter, the town agrees to permit the developer to connect into the Sewer Department’s existing trunk sewer lines and the main sewer line to be constructed by the developer herein provided.
(1986 Code, § 15-3-1)
§ 50.16 COSTS OF EXTENSION.
The developer shall pay the costs for utility extension based on the current extension policy adopted by the Council.
(1986 Code, § 15-3-2)
Sewer Regulations 7
§ 50.17 OWNERSHIP.
(A) The Sewer Department shall have exclusive control of connections to the proposed main sewer line and upon its completion, the main line shall become and be the property of the Sewer Department.
(B) Except as otherwise herein provided, all provisions of the town code and ordinances or amendments thereto applicable to sewer services shall apply to services in the proposed area. (1986 Code, § 15-3-3)
DEPARTMENT AND CONSUMER RESPONSIBILITIES
§ 50.30 SEWER DEPARTMENT RESPONSIBILITIES AND LIABILITIES.
(A) The Sewer Department shall not be responsible for the installation, maintenance or inspection of the consumer’s service line, piping and apparatus or for any defects herein.
(B) The Sewer Department shall have the right to refuse service, unless the consumer’s lines or piping are installed in such manner as to prevent cross connections or backflow.
(C) Under normal conditions, the consumer shall be notified of any anticipated interruption of service.
(D) The Sewer Department shall not be responsible for the negligence of third persons or forces beyond the control of the Sewer Department resulting in any interruption of service or damage to the property of the consumer.
(E) The Sewer Department may refuse service to any prospective consumer when the capacity of the sewer system will not permit additional loads being placed thereon.
(1986 Code, § 15-4-1)
§ 50.31 CONSUMER RESPONSIBILITY.
(A) Building or house sewer connections on the consumer’s premises shall be so arranged as to provide service to 1 lot. If additional service is required, it will be considered as a separate and individual account.
(B) (1) The consumer’s house or building service line, sewer connection and apparatus shall be installed and maintained by the consumer, at the consumer’s expense in a safe and efficient manner and in accordance with the Sewer Department’s rules and regulations and in full compliance with the regulations of the State Department of Health Services.
8 Colorado City – Public Works
(2) Failure to comply with such regulations relieves the town of any and all liability from injury or damage proximately caused therefrom.
(C) The consumer shall safeguard the Sewer Department’s property placed on the consumer’s premises and shall permit access to it only by the authorized representatives of the Sewer Department.
(D) In the event that any loss or damage to the property of the Sewer Department or any accident or injury to persons or property is caused by or results from the negligence or wrongful act of the consumer, his or her agents or employees, the cost of necessary repairs or replacements shall be paid by the consumer to the Sewer Department and any liability otherwise resulting shall be assumed by the consumer. The amount of the loss of damage or the cost of repairs may be added to the consumer’s bill, and, if not paid, service may be discontinued by the Sewer Department after providing notice and an opportunity for a hearing as specified in § 50.03 above.
(E) The Sewer Department may discontinue its service for the following additional reasons:
(1) To prevent fraud or abuse; and/or
(2) The consumer’s willful disregard of or refusal to comply with this chapter or other rules as may be adopted by the Council.
(F) When service to a consumer shall require the laying of any sewer lines or the installation of any other town property on, under, across or over the consumer’s property, the consumer will grant to the town an easement, right-of-way or license for the installation.
(1986 Code, § 15-4-2)
§ 50.32 INTERFERENCE WITH WATER DEPARTMENT, SEWER DEPARTMENT OR BUILDING INSPECTOR; DIGGING UP STREETS WITHOUT PERMIT.
It is unlawful for any person:
(A) To interfere in any way with the employees of the Water Department, Sewer Department or Building Inspector in the discharge of any of their duties, either in the tapping of any sewer pipe, main or lateral, or in the laying or connecting of the pipe, main or lateral;
(B) To dig up or cause to be dug up any street or alley in the town for the purpose of connection with the sewer system without first obtaining a permit from the Sewer Department; or
(C) Who, having a permit, to dig up any portion of any street or alley of the town for the purpose of connecting with the sewer system to fail or neglect to place the street or alley in its original condition under the supervision of the Sewer Department and as required by the town code.
(1986 Code, § 15-4-3) Penalty, see § 10.99
Sewer Regulations 9
§ 50.33 UNSANITARY DISPOSAL OF EXCREMENT PROHIBITED.
It is unlawful for any person to deposit or permit to be deposited in an unsanitary manner upon public or private property within the town, or in any area under the jurisdiction of the town, any human or animal excrement or other objectionable waste.
(1986 Code, § 15-4-4) Penalty, see § 10.99
§ 50.34 PRIVATE SEWER SYSTEMS.
(A) Compliance with subchapter. Except as provided in this subchapter, it is unlawful to construct or maintain within the town any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
(B) When permitted; sanitation.
(1) Where a public sanitary or combined sewer is not available within the town or in any area under the jurisdiction of the town, the building sewer shall be connected to a private sewage disposal system, which complies with the regulations of the State Department of Health Services.
(2) The private sewage disposal system shall be constructed, maintained and operated at all times in a sanitary manner.
(C) Discontinuance. Within 1 year after a public sewer becomes available within 300 feet of any property served by a private sewage disposal system, a direct connection shall be made to the public sewer in accordance with the provisions of this chapter, and any septic tanks, cesspools and similar private sewage facilities shall be abandoned and filled with suitable material.
(1986 Code, § 15-4-5) Penalty, see § 10.99
§ 50.35 TAMPERING WITH EQUIPMENT PROHIBITED.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage system.
(1986 Code, § 15-4-6) Penalty, see § 10.99
§ 50.36 PERMIT REQUIRED.
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Sewer Department.
(1986 Code, § 15-4-7) Penalty, see § 10.99
10 Colorado City – Public Works
§ 50.37 APPLICATION.
Upon issuance of a required permit to any person, each and every permit issued shall be presented by the person to the Sewer Department and application made for the building connection.
(1986 Code, § 15-4-8)
§ 50.38 INSPECTION AND APPROVAL BY SEWER DEPARTMENT OR BUILDING INSPECTOR.
No building sewer will be connected to the building connection until it has been inspected and approved by the Sewer Department or Building Inspector.
(1986 Code, § 15-4-9)
§ 50.39 RECORDS TO BE KEPT BY SEWER DEPARTMENT.
The Sewer Department shall keep a record of all building connections made, the purpose for which they are to be used, together with the name of the owner of the property, his or her agent or representative, and shall furnish the town with a map which shall be updated periodically.
(1986 Code, § 15-4-10)
USE OF PUBLIC SEWERS
§ 50.50 PROHIBITED SUBSTANCES.
(A) No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer.
(B) Except as provided in this section no person shall discharge or cause to be discharged any of the following described waters or wastes into any public sewer:
(1) Any liquid or vapor having a temperature higher than 150°F;
(2) Any water or waste which may contain more than 50 parts per million by weight of fat, oil or grease;
(3) Any gasoline, benzene, naptha, fuel oil or other flammable or explosive liquid, solid or
gas;
(4) Any garbage that has not been properly shredded;
Sewer Regulations 11
(5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass rags, feathers, tar, plastics, wood, paunch manure, grits such as brick, cement, onyx, carbide or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewer works;
(6) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans, or animals, or create any hazard in the receiving waters of the sewage treatment plant;
(7) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans, or animals, or create any hazard in the receiving waters of the sewage treatment plant;
(8) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle the materials at the sewage treatment plant; or
(9) Any noxious or malodorous gas or substance capable of creating a public
nuisance.
(1986 Code, § 15-5-1) Penalty, see § 10.99
§ 50.51 INTERCEPTORS REQUIRED.
(A) Grease, oil and sand interceptors shall be provided when, in the opinion of the Sewer Department, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand and other harmful ingredients except such interceptors shall not be required for private living quarters or dwelling units.
(B) All interceptors shall be of a type and capacity approved by the Sewer Department and shall be located as to be readily and easily accessible for cleaning and inspection.
(C) Grease and oil interceptors shall be constructed of impervious material capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gas tight and watertight.
(D) Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his or her expense, in continuously efficient operation at all times.
(1986 Code, § 15-5-2)
§ 50.52 AUTHORITY OF SEWER DEPARTMENT.
The admission into the public sewers of any waters or wastes having any of the following characteristics shall be subject to the review and approval of the Sewer Department:
(A) A 5-day biochemical oxygen demand (B.O.D.) greater than 330 parts per million by weight;
12 Colorado City – Public Works
(B) Containing more than 350 parts per million by weight of suspended solids;
(C) Containing any quantity of substance having the characteristics described in § 50.50 above;
and
(D) Having an average daily flow of greater than 2% of the average daily sewage flow of the town.
(1986 Code, § 15-5-3)
§ 50.53 PRELIMINARY TREATMENT.
(A) Required. Where necessary in the opinion of the Sewer Department, the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to:
(1) Reduce the B.O.D. to 300 parts per million and the suspended solids to 350 parts per million by weight;
(2) Reduce objectionable characteristics or constituents to within the maximum limits provided for in § 50.52 above; and/or
(3) Control the quantities and rates of discharge of the waters or wastes.
(B) Approval. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for approval of the Sewer Department and the Arizona State Department of Health Services. No construction of the facilities shall be commenced until the approvals are obtained in writing.
(C) Maintenance of facilities. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense.
(1986 Code, § 15-5-4)
§ 50.54 MANHOLES.
(A) When required by the Sewer Department, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation and sampling of wastes. The manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Sewer Department.
(B) The manhole shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times.
(1986 Code, § 15-5-5)
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§ 50.55 SPECIAL AGREEMENTS WITH INDUSTRIAL CONCERNS.
No statement contained in this subchapter shall be construed as preventing any special agreement or arrangement between the Sewer Department and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Sewer Department for treatment.
(1986 Code, § 15-5-6)
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CHAPTER 51: WATER REGULATIONS
Section
Administration
51.01 Management of system
51.02 Receipts and deposits
Application for Service
51.15 Application for water
51.16 Grounds for rejection of application
Deposit
51.30 Deposit required
51.31 Payment responsibility
Discontinuance of Service
51.45 Notice required
51.46 Discontinuance under certain conditions
51.47 Interruption of service
51.48 Liability limited
Consumer Responsibilities
51.60 Consumer water facilities
51.61 Consumer negligence
51.62 Right-of-way
51.63 Installation of lines
51.64 Protection of town property
51.65 Prohibited uses
51.66 Sprinkling restrictions
51.67 Waste of water
51.68 Inspections
51.69 Regulations considered part of contract
51.70 Extension of water service
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Cross Connections and Backflow
51.80 Duty to implement
51.81 Assessment of hazards
51.82 Unprotected cross connections prohibited
51.83 Installation required
51.84 Right of entry and inspection
51.85 Cost of installation and testing
51.86 Frequency of testing
51.87 Violations
51.88 Existing equipment
51.89 Conflicts
Water Conservation Program and Policy
51.100 Intent and purpose
51.101 Implementation of management plan
51.102 Water management plan
51.103 Emergency restriction
51.104 Penalties and surcharges
51.105 Exemptions
ADMINISTRATION
§ 51.01 MANAGEMENT OF SYSTEM.
(A) The Water Department shall have the immediate control and management of all things pertaining to the town waterworks system and shall cause to be performed all acts that may be necessary for the prudent, efficient and economical management and protection of the waterworks.
(B) The Water Department shall have the power to prescribe such other and further rates, rules and regulations as it may deem necessary.
(1986 Code, § 16-1-1) (Am. Ord. 2015-02, passed 3-16-2015)
§ 51.02 RECEIPTS AND DEPOSITS.
The Water Department shall keep a correct account of all receipts, make out all bills for charges for services including water and material furnished to consumers, collect the same, and deposit the proceeds so collected to the credit of the water company, and in accordance with the direction of the Town Council.
(1986 Code, § 16-1-2) (Am. Ord. 2015-02, passed 3-16-2015)
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APPLICATION FOR SERVICE
§ 51.15 APPLICATION FOR WATER.
(A) A customer shall make a written application for the use of water to the Water Department on such forms as the Water Department may prescribe , designating the location of the property, stating the purpose for which the water may be required, identifying the person responsible for the account, and other information requested. The written application shall be accompanied by required fees as established by the town.
(B) The uniform utility billing ordinance governs reconnection of culinary service locations.
(C) If the property has sewer service available and the opportunity exists for use (i.e. occupied), the Water Department shall also require a sewer service charge.
(1986 Code, § 16-2-1) (Am. Ord. 2010-01, passed 2-8-2010; Am. Ord. 2015-02, passed 3-16-2015)
§ 51.16 GROUNDS FOR REJECTION OF APPLICATION.
The Water Department may reject any application for water service for any good and sufficient reason including the following:
(A) Service not available under a standard rate;
(B) Proposed service location not adjacent to facilities adequate and suitable as to capacity and pressure;
(C) Property outside of gravity flow limits;
(D) Service which involves excessive service expense;
(E) Service which may affect the supply to other consumers;
(F) When the customer is delinquent in payment of bills incurred for service previously supplied at any location.
(G) Failure to pay any delinquent amounts owing on an existing or prior account for the same property
(1986 Code, § 16-2-2) (Am. Ord. 2015-02, passed 3-16-2015)
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DEPOSIT
§ 51.30 DEPOSIT REQUIRED.
(A) A deposit shall be charged for water service before such service commences to applicants who own property or who rent or lease from a landlord the premises for which such water service shall be provided.
(B) The amount of the deposit shall be set by the Water Department. (1986 Code, § 16-3-1) (Am. Ord. 2015-02, passed 3-16-2015)
§ 51.31 PAYMENT RESPONSIBILITY.
(A) The customer of record, as indicated in the Water Department’s records shall be responsible for payment of all charges incurred in connection with the services furnished, regardless of whether the customer of record or another party has actually used the service.
(B) The Water Department may elect to pursue collection of any outstanding charges from the owner of the property if the customer of record does not pay for any outstanding charges. In such a case, ownership of the property or premises shall be determined by reference to public records maintained by the Mohave County Recorder’s Office. If there is no customer of record, and a monthly meter reading indicates usage of water at the property or premises, the owner of the property shall be responsible for paying the water charges due. Delinquent water charges shall constitute a lien against the property.
(C) Water and sewer charges shall be billed on a combined statement as outlined in Chapter 52 of this Code.
(1986 Code, § 16-3-2) (Am. Ord. 2015-02, passed 3-16-2015)
DISCONTINUANCE OF SERVICE
§ 51.45 NOTICE REQUIRED.
(A) Any person who desires to discontinue the use of water shall file written notice with the Water Department at least 3 working days in advance of intended termination of service.
(B) Responsibility for water consumed extends to the time of departure or to the time specified for departure, whichever occurs last.
(1986 Code, § 16-4-1) (Am. Ord. 2015-02, passed 3-16-2015)
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§ 51.46 DISCONTINUANCE UNDER CERTAIN CONDITIONS.
The Water Department may discontinue water service under any of the following conditions:
(A) To prevent fraud or abuse;
(B) Disregard of town rules pertaining to water service. (i.e. cross connection or backflow);
(C) Emergency repairs;
(D) Insufficient supply caused by factors outside the control of the town;
(E) Legal process;
(F) Direction of public authorities;
(G) Local emergency requiring emergency measures;
(H) Tampering with meter by the consumer; and
(I) Default or breach of service agreement including non-payment of bill. (1986 Code, § 16-4-2) (Am. Ord. 2015-02, passed 3-16-2015)
§ 51.47 INTERRUPTION OF SERVICE.
The Water Department shall notify the consumer in advance of any anticipated interruption of service when such advanced notice is possible. The town shall not be responsible for any interruption of water service caused by forces beyond its control.
(1986 Code, § 16-6-1) (Am. Ord. 2015-02, passed 3-16-2015)
§ 51.48 LIABILITY LIMITED.
No liability shall attach to the town for any injury or damages that may result from turning on or shutting off the water in any main, service connection or pipe; or the restriction of use or discontinuance of any water service, or any failure of the water supply, regardless of any notice or lack of notice thereof. The town shall not be held liable, in any respect, for the condition, defects, failure or use of any pipe, connection, fixture or appurtenance, not belonging to the town, on any premises, or for loss or damage resulting therefrom.
(1986 Code, § 16-6-2) (Am. Ord. 2015-02, passed 3-16-2015)
20 Colorado City – Public Works
CONSUMER RESPONSIBILITIES
§ 51.60 CONSUMER WATER FACILITIES.
(A) The consumer shall have complete responsibility for the installation maintenance of adequate water facilities on the premises, and the town shall not in any way be responsible for the installation, maintenance, inspection or damage of those facilities or damage caused by any defect in the facilities on the consumer’s premises.
(B) The facilities shall be maintained by the consumer in full compliance with any and all rules and regulations of the town in addition to applicable state statutes.
(1986 Code, § 16-5-1) (Am. Ord. 2015-02, passed 3-16-2015)
§ 51.61 CONSUMER NEGLIGENCE.
Any damage to the town water system or injury to Water Department employees caused by the negligence of any consumer and which requires any repairs, replacements or damages, the cost of such shall be added to that consumer’s bill, and if such charges are not paid, water service may be discontinued.
(1986 Code, § 16-5-2) (Am. Ord. 2015-02, passed 3-16-2015)
§ 51.62 RIGHT-OF-WAY.
Each consumer shall provide to the town easements and rights-of-way as are necessary to provide water service to that consumer.
(1986 Code, § 16-5-3) (Am. Ord. 2015-02, passed 3-16-2015)
§ 51.63 INSTALLATION OF LINES.
The Water Department may refuse to provide service unless the lines or piping are installed on the premises so as to prevent cross-connections or backflow.
(1986 Code, § 16-5-4) (Am. Ord. 2015-02, passed 3-16-2015)
§ 51.64 PROTECTION OF TOWN PROPERTY.
The consumer shall guarantee proper protection for town property placed on his or her premises and shall permit access to it only to authorized representatives.
(1986 Code, § 16-5-5) (Am. Ord. 2015-02, passed 3-16-2015)
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§ 51.65 PROHIBITED USES.
(A) No occupant or owner of any lot into which water is introduced will be allowed to supply water to other lots or for use on any other property unless approved by the town. The Water Department reserves the right to shut off the supply in such circumstances.
(B) Any water service for commercial use shall not be included in a residential service account and shall have a separate meter and connection.
(1986 Code, § 16-5-6) (Am. Ord. 2015-02, passed 3-16-2015)
§ 51.66 SPRINKLING RESTRICTIONS.
(A) In case of water shortage or scarcity, the Council may by resolution place any restrictions which it deems necessary upon the use of water for irrigation or sprinkling purposes.
(B) Sprinkler systems must be constructed or equipped so as to prevent contaminated water from flowing back into the sprinkler system.
(1986 Code, § 16-5-7) (Am. Ord. 2015-02, passed 3-16-2015)
§ 51.67 WASTE OF WATER.
Consumers shall prevent unnecessary waste of water, and keep all water outlets closed when not in actual use. All water outlets, including those used in conjunction with hydrants, urinals, water closets, bathtubs and other fixtures, must not be left running for any purpose other than the use for which they were intended. In addition to the penalty provided herein for infractions, the water supply may be turned off where any such waste occurs.
(1986 Code, § 16-5-8) (Am. Ord. 2015-02, passed 3-16-2015)
§ 51.68 INSPECTIONS.
Whenever in the judgment of the Water Department it is deemed necessary to preserve the public health and safety, it may provide for the inspection of premises or buildings of any water consumer for the purpose of examining the condition of all pipes, motors, meters and water fixtures, incident to the supplying of service.
(1986 Code, § 16-5-9) (Am. Ord. 2015-02, passed 3-16-2015)
§ 51.69 REGULATIONS CONSIDERED PART OF CONTRACT.
All regulations contained in this chapter and those adopted by the Water Department shall be considered a part of the contract of every person taking water from the water department, and every person taking water shall be considered as having expressly consented to be bound thereby.
Consumers
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outside the town limits shall, upon application for water service, be required to sign a statement agreeing to the regulations set forth in this chapter and as may be adopted by the Water Department. (1986 Code, § 16-7) (Am. Ord. 2015-02, passed 3-16-2015)
§ 51.70 EXTENSION OF WATER SERVICE.
(A) The customer (developer or property owner) shall pay the costs for utility extensions based on the current extension policy adopted by the Water Department. A customer shall be responsible for construction costs associated with connecting to the water system.
(B) A development impact fee if adopted by the town will be required as a condition for any new water service connection or meter size upgrade.
(C) The Water Department shall prescribe the water meter size based on fixture units served or planned to be served.
(1986 Code, § 16-8) (Am. Ord. 2015-02, passed 3-16-2015)
CROSS CONNECTIONS AND BACKFLOW
§ 51.80 DUTY TO IMPLEMENT.
(A) The Colorado City Water Department Superintendent, or his or her duly authorized agent, shall be charged with implementing the terms of this subchapter.
(B) The city shall use reasonable means to notify customers of the hazards of cross connections and shall implement a regular schedule of customer education.
(C) The city shall keep reasonable records of cross connection hazards and the location and test results of backflow prevention assemblies as required by state and federal agencies.
(Ord. 2001-1, passed – -; Am. Ord. 2015-02, passed 3-16-2015)
§ 51.81 ASSESSMENT OF HAZARDS.
The city shall assess each connection for potential backflow hazards:
(A) At the time of water connection;
(B) On existing services when a building permit is issued which involves major plumbing changes; and
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(C) In reviewing its water customer list periodically for potential hazardous connections. (Ord. 2001-1, passed – -; Am. Ord. 2015-02, passed 3-16-2015)
§ 51.82 UNPROTECTED CROSS CONNECTIONS PROHIBITED.
(A) It shall be unlawful at any place supplied with water from the Colorado City Water Department to install or use any physical connection or arrangement of piping or fixtures which may allow any fluid or substance not suitable for human consumption to come in contact with potable water in the Colorado City Water Distribution System, without using a backflow prevention device or assembly designed and approved for the prevention of the backflow.
(B) Any such device or assembly must be approved for installation by the Colorado City Water Department and in accordance with the city’s adopted Plumbing Code with respect to each application.
(Ord. 2001-1, passed – -; Am. Ord. 2015-02, passed 3-16-2015) Penalty, see § 10.99
§ 51.83 INSTALLATION REQUIRED.
(A) Whenever the city deems that a customer’s service connection contributes a sufficient hazard to the water system, installation of an approved backflow prevention assembly shall be required on the customer’s service line at or near the property line, immediately inside the building being served, or at the point of cross connection, depending on the type of hazard. The type of protective assembly required shall be determined by the city depending on the degree of hazard existing at the point of cross connection.
(B) Any inter-connection to a non-potable pressurized irrigation system or private well shall require the installation of an approved reduced-pressure (RP) backflow assembly. These assemblies shall be protected from freezing and shall be installed above ground or with a live drain to daylight such that they cannot be submerged.
(C) In accordance with state and federal guidelines, pressurized fire sprinkler systems which are charged with potable water may not be required to install backflow prevention assemblies.
(D) The customer shall have the right to appeal in writing to the Utility Board any backflow assembly installation requirement of the Water Department Superintendent. In the absence of the appeal, the Water Department Superintendent’s decision shall be final.
(Ord. 2001-1, passed – -; Am. Ord. 2015-02, passed 3-16-2015)
§ 51.84 RIGHT OF ENTRY AND INSPECTION.
Authorized officers and employees of the city shall have the right to enter, at all reasonable times, any place which is supplied with water from the city’s culinary water system, for the purpose of
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conducting a hazard survey or any other examination or test reasonably necessary to the enforcement of this subchapter.
(Ord. 2001-1, passed – -; Am. Ord. 2015-02, passed 3-16-2015)
§ 51.85 COST OF INSTALLATION AND TESTING.
The customer is responsible for all costs of purchase, installation and testing of backflow prevention devices or assemblies.
(Ord. 2001-1, passed – -; Am. Ord. 2015-02, passed 3-16-2015)
§ 51.86 FREQUENCY OF TESTING.
(A) Backflow prevention devices or assemblies required by this subchapter shall be tested not less than once each year by a certified technician.
(B) In specific instances where the city deems the hazard to be great enough, certified inspections may be required more frequently.
(C) Backflow prevention assemblies shall also be tested within 10 days after their initial installation. Test results shall be furnished by the customer to the city.
(Ord. 2001-1, passed – -; Am. Ord. 2015-02, passed 3-16-2015)
§ 51.87 VIOLATIONS.
(A) Water service may be discontinued to any user who is found to be in violation of this subchapter and who fails to take corrective action within 10 days after violation notification, except that water service may be discontinued immediately if an threat to the water supply exists.
(B) Any person who violates the provisions of this subchapter shall be liable to cover all expenses incurred by the city, including all attorney fees and court costs.
(Ord. 2001-1, passed – -; Am. Ord. 2015-02, passed 3-16-2015)
§ 51.88 EXISTING EQUIPMENT.
(A) All backflow prevention assemblies existing at the time this subchapter is adopted but which do not meet the requirements hereof shall be excluded from the requirements of this subchapter, provided they were approved for the purpose for which they are being used at the time of installation and have been properly maintained so as to function in the manner originally intended.
(B) The previously existing assemblies shall still be subject to the testing requirements of § 51.86 above. Whenever an existing assembly is moved to another location, or requires more than minimum
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maintenance, or where it is determined by the city to constitute a health hazard, the unit shall be replaced by an approved backflow prevention assembly meeting the requirements of this subchapter and the Uniform Plumbing Code.
(Ord. 2001-1, passed – -; Am. Ord. 2015-02, passed 3-16-2015)
§ 51.89 CONFLICTS.
The decision by a court of competent jurisdiction that any part of this subchapter is invalid shall not invalidate any other part thereof, except that the other part is wholly dependent for its operation upon the part declared invalid.
(Ord. 2001-1, passed – -; Am. Ord. 2015-02, passed 3-16-2015)
WATER CONSERVATION PROGRAM AND POLICY
§ 51.100 INTENT AND PURPOSE.
(A) It shall be the policy of Colorado City to implement the regulations and restrictions outlined herein to promote the conservation and efficient use of culinary water.
(B) It is in the interest of the public health, safety, and welfare of Colorado City to require conservation of culinary water resources. It is the intent of this subchapter to establish measures for essential conservation of culinary water resources and to provide for equitable distribution of culinary water supplies. It is further the intent of this subchapter to provide additional measures for conservation of culinary water resources under emergency conditions as determined by the Utility Board, the Colorado City Council or Mayor.
(C) It is imperative that culinary water customers within Colorado City recognize the importance of culinary water conservation in order to extend existing culinary water supplies and assure sufficient culinary water supply to preserve the public health and sanitation, and provide fire protection service. (Ord. 2009-03, passed 6-15-2009; Am. Ord. 2015-02, passed 3-16-2015)
§ 51.101 IMPLEMENTATION OF MANAGEMENT PLAN.
(A) Colorado City shall encourage efficient use of water resources and conservation of all water resources on an on-going basis. Colorado City may provide water conservation information and guidelines to its culinary water users.
(B) Colorado City employees, volunteers, and contracted service providers shall comply with all culinary water restrictions and conservation guidelines established by this subchapter.
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(C) The drought/water management plan will be implemented as follows:
(1) The 4-stage management plan will run as determined by the Utility Board.
(2) Each stage of the plan will be noticed to residents by means of posting in public places including the Town Office and the Colorado City Post Office.
(D) Colorado City shall implement a 4-stage drought/water management plan as determined by the Utility Board, Colorado City Mayor and Colorado City Council. The culinary water restrictions do not apply to water use that is not provided by the town (such as a private irrigation company). The culinary water use restrictions for Stages 1, 2, 3 or 4 shall become effective when determined by the Utility Board, and will remain in effect until the Utility Board declare the water supply is adequate to return to other usage.
(Ord. 2009-03, passed 6-15-2009; Am. Ord. 2015-02, passed 3-16-2015)
§ 51.102 WATER MANAGEMENT PLAN.
(A) Stage 1: Reduction in water use. Reduction goal: 10%.
(1) Inside. Suggested voluntary conservation methods:
(a) Fix dripping and leaking faucets and toilets. A leak in the toilet can waste more than 100 gallons of water a day.
(b) Do not let the water run while shaving. Filling the sink basin when shaving uses 1 gallon of water, letting the water run uses 5 to 10 gallons.
(c) Do not flush the toilet unnecessarily. Consider installing water-saving toilets. Water- saving toilets use 1.6 gallons of water, standard toilets use 5 to 7 gallons of water each time it is flushed.
(d) Take shorter showers or fill bathtub only part way. Long showers waste 5 to 10 gallons of water every minute.
(e) Consider installing low-flow showerheads.
(f) Do not run the water while brushing teeth. Turning the water off while brushing your teeth can save 1.5 to 3.5 gallons of water.
(g) Do not run the tap to make water hot or cold. Keep a bottle of drinking water in the refrigerator so you don’t have to run the tap to get a cool drink of water.
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(h) Wash only full loads of dishes and laundry. A dishwasher uses approximately 25 gallons of water; a washing machine uses 30 to 35 gallons of water per cycle.
(i) Consider replacing any appliance that utilizes water with a low-flow type appliance if such appliance is not already low-flow.
(j) Reduce or eliminate the use of the garbage disposal.
(k) Wash fruits and vegetables in a basin instead of under running water.
(l) Notify hotel and restaurant patrons of water conservation goals.
(m) Serve water at restaurants only upon request.
(n) Encourage all hotels, motels, inns and bed and breakfast establishments to change sheets no more than every 4 days for guests staying that long, unless necessary or specifically requested by the guest.
(o) Adjust temperatures in buildings with water-cooled air conditioners to
require less water.
(p) Use of reuse water for construction purposes if it is available.
(2) Outside. Suggested voluntary conservation methods.
(a) Raise your lawn mower cutting height. Longer grass needs less water.
(b) Delay planting any new grass, sod or other new landscaping.
(c) Do not fill swimming pools. If possible, cover the swimming pool, an uncovered pool will lose 900 to 3,000 gallons of water a month to evaporation, a covered pool losses 300 to 1,000 gallons a month.
(d) Use mulch around shrubs and garden plants to save soil moisture.
(e) Use a hose with a shut off nozzle if washing cars at home or wash at a facility that recycles water. Washing the car with the hose running uses 100 to 200 gallons of water.
(f) Sweep sidewalks and steps rather than hosing.
(g) Aerate turf areas.
(h) Know your plants water requirements and apply only the amount required for good
plant health.
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(i) Monitor ET data. Know how much moisture is lost to evapotranspiration (ET) as this is what needs to be replaced back into the soil for good plant health.
(j) Monitor soil moisture to determine if watering is needed.
(k) Water between the hours of 8:00 p.m. and 9:00 a.m.
(l) Avoid watering on windy days or midday when the evaporation rate is
the highest.
(m) Keep fire hydrants closed.
(n) Repair leaks in hoses, pipes, faucets and connections.
(o) Limit operation of non-recycling fountains.
(p) Limit city fleet washing by 30% to 50%.
(3) Mandatory restrictions on nonessential water use. No outside spray irrigation use of water between the hours of 9:00 a.m. and 6:00 p.m.
(B) Stage 2: Mandatory water restriction. Reduction goal: 15 to 20%. Stage 1 restrictions will be in force.
(1) All parks, schools and cemeteries will be allowed to water every other day during permitted hours.
(2) Residential and commercial water users will be allowed to water outside during permitted hours on an odd/even concept as determined by address, (i.e. even addresses water on even days, and the like).
(3) Noncommercial car washing requires using a hose with an automatic shut off
nozzle.
(4) Use of water for street and driveway washing will not be permitted.
(5) No planting any new grass or sod or other new landscaping.
(6) Water shall be served at restaurants only upon request.
(C) Stage 3: Additional mandatory restrictions. Reduction goal: 25% to 30%. All restrictions included in Stages 1 and 2 are in force.
(1) No use of fire hydrants for purposes other than fire protection.
(2) No use of water for ornamental use including, but not limited to, fountains, artificial waterfalls, and pools.
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(3) No use of water for water games or to fill or top off swimming pools, hot tubs, and the
like.
(4) Culinary water will not be used to irrigate city parks or golf courses or schools.
(5) Spray irrigation and hand watering may occur for a total of 15 minutes per landscaped area.
(6) Drip irrigation systems, bubbler or soaker hoses may be operated for a total of 2
hours.
(D) Stage 4: Water rationing plan. Reduction goal: 40% to 60%. All restrictions included in Stages 1, 2 and 3 will be in force.
(1) No watering of lawns.
(2) No watering of gardens, landscaped areas, trees, shrubs, and other outdoor plants, except by means of a bucket, pail, or handheld hose equipped with an automatic shut-off nozzle.
(3) The use of water for flushing sewers or hydrants by municipalities or any public or private individual or entity except as deemed necessary and approved in the interest of public health or safety and specifically approved by the town.
(4) The use of fire hydrants by the Fire Department for testing fire apparatus and for Fire Department drills, except as deemed necessary in the interest of public safety and specifically approved by the town.
(Ord. 2009-03, passed 6-15-2009; Am. Ord. 2015-02, passed 3-16-2015)
§ 51.103 EMERGENCY RESTRICTION.
Additional restrictions on the use of culinary water may be implemented if the Utility Board, the Colorado City Mayor and Colorado City Council determine that additional emergency culinary water conservation measures are required. Nothing herein shall prevent the Town Council from enacting another ordinance or authorizing a further mayoral proclamation pertaining to limitation of water use if such scarcity remains in existence.
(Ord. 2009-03, passed 6-15-2009; Am. Ord. 2015-02, passed 3-16-2015)
§ 51.104 PENALTIES AND SURCHARGES.
(A) The Town Council authorizes the town to issue citations for violations of this subchapter. During Stage 3 or 4 restrictions, any owner, occupant or person having an interest in, or control over, the property subject to this subchapter who shall fail to comply with this subchapter after being given notice, may be guilty of an infraction for each offense, and water service may be disconnected. Citations shall be issued with graduated penalties as follows:
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(1) First violation, a warning will be issued.
(2) Second violation, a $50 fine shall be imposed.
(3) Third violation, a $100 fine shall be imposed.
(4) Forth violation, a $200 fine shall be imposed and a mandatory court appearance shall be
required.
(B) Any person, firm or corporation who fails to comply with, or violates any of these regulations, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine and water service may be disconnected. Fines shall be issued with graduated penalties as set forth in division (A) above.
(C) Each day that a violation continues shall be a separate offense punishable as herein above described. The imposition of any sentence shall not exempt the offender from compliance with the requirements of these regulations and provisions of this subchapter.
(D) Civil enforcement. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of these regulations, to recover damages, to restrain, correct or abate a violation, and these remedies shall be in addition to the penalties described above.
(Ord. 2009-03, passed 6-15-2009; Am. Ord. 2015-02, passed 3-16-2015)
§ 51.105 EXEMPTIONS.
(A) If compliance with the nonessential use of water restrictions would result in extraordinary hardship upon a water user, the water user may apply for an exemption from this subchapter.
(B) For purposes of this section, extraordinary hardship shall mean a permanent damage to property or other personal or economic loss, which is substantially more severe than the sacrifices borne by other waters users subject to the same nonessential use of water restrictions.
(C) A person or business entity may submit a written request for exemption from this subchapter. The written request shall include full documentation supporting the following:
(1) The nature of the hardship claimed and reason for the requested exemption.
(2) The efforts taken by the applicant to conserve water and the extent to which culinary water use for nonessential purposes may be reduced by the applicant without extraordinary hardship.
(D) The Utility Board shall hear and decide exemptions from this subchapter. (Ord. 2009-03, passed 6-15-2009; Am. Ord. 2015-02, passed 3-16-2015)
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CHAPTER 52: UTILITY BILLING
Section
52.01 Name
52.02 Billing
52.03 Due date
52.04 Late charge
52.05 Involuntary disconnect procedures
52.06 Voluntary disconnect procedures
52.07 New service for customer with debt to city
52.08 Monthly utility rate charges
§ 52.01 NAME.
This chapter shall be known as the “Uniform Utility Billing Ordinance.” (Ord. 23, passed 4-15-1996; Am. Ord. 2015-02, passed 3-16-2015)
§ 52.02 BILLING.
All charges for water, solid waste and sewer services provided by the city shall be billed monthly on a combined statement (the “statement”) generated by Hildale City.
(Ord. 23, passed 4-15-1996; Am. Ord. 2015-02, passed 3-16-2015)
§ 52.03 DUE DATE.
(A) All charges billed on the statement generated by Hildale City shall be due and payable on the due date provided on the statement.
(B) The due date shall be generally between 15 and 25 days after the statement is mailed.
(C) All payments received shall be allocated among the charges billed on the statement according to procedures determined by the city’s independent auditor.
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(D) Those procedures shall be based on requirements of the city’s debt obligations and the computer facilities used for billings.
(Ord. 23, passed 4-15-1996; Am. Ord. 2015-02, passed 3-16-2015)
§ 52.04 LATE CHARGE.
A late charge equal to 5% of all charges not paid on the due date thereof is will be assessed. The late charge shall be due and payable with all other unpaid charges. A 1% fee will be assessed to any amount due beyond one month.
(Ord. 23, passed 4-15-1996; Am. Ord. 2014-01, passed 11-14-2014; Am. Ord. 2015-02, passed 3-16-
2015)
§ 52.05 INVOLUNTARY DISCONNECT PROCEDURES.
In the event any customer fails to pay all charges billed for water, solid waste and sewer services, and any late charges assessed, on or before the due date of the statement, the customer shall be subject to the following disconnect procedures:
(A) Disconnect notice.
(1) When a customer’s bill becomes delinquent, the next monthly bill shall include a notice that utility services will be subject to disconnection if delinquent amounts are not paid. If after the first notice the bill remains delinquent, a second notice shall be mailed to the customer’s last known address at least 7 days prior to the last day of the month, stating that the customer’s utility services may be disconnected if all delinquent charges billed for water, solid waste, sewer services and all related late charges are not paid by 12:00 p.m. of the last business day of the month. The customer shall be informed in the disconnect notice that it is the final notice prior to utility service being disconnected. The customer shall also be informed in that notice that the customer may request a hearing no later than 2 days prior to the last business day of the month to challenge the correctness of charges.
(2) During the winter months a good faith effort will be made to notify (by phone or written notice left at the residence) the customer or an adult member of the household, at least 48 hours prior to the disconnect.
(B) Contest of charges. In the event that a customer contests the charges as incorrect, he or she may request a hearing. The customer’s requests for a hearing must be in writing and received by the utility office no later than 2 days prior to the last business day of the month. The written request must include the customer’s name, contact information, account number and a brief description of the request being made.
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(C) Hearing.
(1) The Utility Business Manager is hereby appointed as Utility Hearing Officer, and he or she may appoint one or more of the staff to assist him or her. The Utility Hearing Officer shall hold an informal hearing with the customer to determine if the charges are correct. In the event the bill is in error, the Utility Hearing Officer shall have the authority to correct the bill for the customer. In the event the bill is determined to be accurate, the customer shall be held responsible for payment of the charges as billed. The Utility Hearing Officer shall not have any authority to consider questions of hardship or inability to pay.
(2) The hearing may be continued for up to 30 days by either the Utility Hearing Officer or by written request from the customer in order to assemble evidence. The determination of the Utility Hearing Officer shall be communicated to the customer either at the hearing, the continued hearing, or within 15 business days.. The customer may make a written appeal to the Utility Board within 5 days of the determination. The determination of the Utility Board shall be final.
(D) Disconnects.
(1) If all delinquent charges for water, solid waste and sewer services and all related late charges are not paid by 12:00 p.m. of the last business day of the month that the disconnect notice was given and a hearing determination is not pending, the utility services for the customer may be disconnected. Utility meters may be removed from the premises as part of the disconnection process. Unauthorized connection/reconnection to the utility system will be considered theft of service and will be prosecuted according to law.
(2) The utility services will not be disconnected for an additional 30 days if the customer has an inability to pay and provides medical documentation from a licensed physician that disconnecting utilities would be life threatening to the customer or a permanent resident residing on the customer’s premises due to life support equipment used in the home that is dependent on utility service for operation.
(3) The utility services will not be disconnected for an additional 10 days if the customer has an inability to pay and provides written documentation that disconnection would be especially dangerous to the health of ill, elderly or handicapped persons due to weather below 32° or above 99°. A customer making a request as outlined above may be required to enter into a deferred payment agreement within 10 days after the scheduled termination date.
(4) Utility services may be disconnected without advance written notice when there exists an safety or health hazard, evidence of meter tampering or fraud, or failure to comply with conservation measures imposed during extreme shortages.
(E) Reconnects. The services may only be reconnected for the customer if the following are paid:
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(1) All delinquent charges for utility services;
(2) All outstanding late or penalty charges for utility services; and
(3) Reconnect charges as established by resolution.
(F) Deposit watch. When a service is disconnected for nonpayment and the deposit for that customer does not equal the last 2 months utility usage, the customer will be placed on “deposit watch” during which time $100 will be assessed per month until the deposit is large enough to cover 2 months utility usage. The deposit shall be pro-rated among all utility services; i.e. water, sewer, gas and solid waste.
(Ord. 23, passed 4-15-1996; Am. Ord. 2014-01, passed 11-14-2014; Am. Ord. 2015-02, passed 3-16-
2015)
§ 52.06 VOLUNTARY DISCONNECT PROCEDURES.
In the event a customer desires to disconnect utility services, the service shall be disconnected by the Utility Department. For security purposes, the meter may be removed as part of the disconnection process. Then, if service is again requested by that customer, reconnect charges established by resolution shall be paid to reconnect the service(s) disconnected.
(Ord. 23, passed 4-15-1996; Am. Ord. 2014-01, passed 11-14-2014; Am. Ord. 2015-02, passed 3-16-
2015)
§ 52.07 NEW SERVICE FOR CUSTOMER WITH DEBT TO CITY.
No new utility service application may be accepted from any person with a delinquent debt owing the city for any purpose, unless the debt is the subject of an administrative or judicial proceeding in which the validity of the debt is contested.
(Ord. 23, passed 4-15-1996; Am. Ord. 2015-02, passed 3-16-2015)
§ 52.08 MONTHLY UTILITY RATE CHARGES.
Each user of water, gas, solid waste and sewer services furnished by the city shall pay to the city a monthly charge for such use in such manner and at such rates as may from time-to-time be established by resolution.
(Ord. 23, passed 4-15-1996; Am. Ord. 2014-01, passed 11-14-2014; Am. Ord. 2015-02, passed 3-16-
2015)
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CHAPTER 53: GAS REGULATIONS
Section
General Provisions
53.01 Definitions
Responsibility of Department
53.10 Gas Department
53.11 Responsibility of Twin Town Power and Gas Board
53.12 Rules and regulations
Regulation of Gas Service
53.20 General
53.21 Service agreements
53.22 Billing and deposits
53.23 Priority of regulations
53.24 Special service contract
Connection and Installation of System
53.30 Connection to system
53.31 Unauthorized connection prohibited
53.32 Unauthorized connection; recovery of user charges
53.33 Main lines installation
53.34 Service lines; installation and fitter certification
53.35 Excavations for service
53.36 Extension and installation; conformance with rules and regulations
53.37 Customer responsibility
53.38 Relocation of Department facilities at customer’s request
Gas Meters and Regulations
53.50 Supplying and taking of service
53.51 Multiple meter loops; marking required
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53.52 Master meters
53.53 Unlawful acts
53.54 Evidence of violations
53.55 Interruption of service on account of tampering, bypassing or unauthorized metering
53.56 Reconnection charges for tampering, bypassing or unauthorized metering
Control and Protection of Gas System
53.70 Unlawful to damage system
53.71 Prosecution and restitution
53.72 Disconnection for unsafe condition
53.73 Liability of town; exclusion of
53.99 Penalty
GENERAL PROVISIONS
§ 53.01 DEFINITIONS.
For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD. The Twin Town Power and Gas Board or its designated representative.
BY-PASS or BY-PASSING. Any line, pipe, hose or other instrument, device or contrivance connected to the gas supply system, service line, fuel piping or any part thereof in such a manner as to transport or distribute any such natural or LPG gas without passing through an authorized meter for measuring or registering the amount of such gas.
CERTIFIED OPERATOR or OPERATOR. Any person certified by the Gas Department of Colorado City to install gas lines.
CUSTOMER. The person, authorized agent or employee of the person responsible for the gas service account for the premises being served.
DEPARTMENT or GAS DEPARTMENT. The operating department of the Town of Colorado City which is responsible for the operation and maintenance of the gas supply system of the town.
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DISTRIBUTION LINE. A pipe transporting natural or LPG gas, high or low pressure, which is used for the purpose of general distribution of gas to the user.
DISTRIBUTION SYSTEM. That portion of the gas system of the town, which is used primarily for the distribution of natural or LPG gas to the user.
FUEL PIPING. The piping downstream of the Gas Department’s meter set, which is owned and maintained by the owner or occupant of the premise being served.
GAS SUPPLY SYSTEM or NATURAL or LPG GAS SYSTEM.
(1) Any and all services, facilities, structure, equipment or works owned or used by the town for the purpose of the production, transmission, distribution or regulation of natural or LPG gas, including but not limited to gas main lines, service lines, regulators, meter set, valves and associated appurtenances;
(2) Any and all rights, property and obligations of the town concerning gas transmission and distribution facilities;
(3) Any and all standby or contingency equipment, facilities, devices or materials which may be necessary to provide reliable gas service;
(4) Any and all land or sites owned or used by the town for the purpose of measuring and regulating gas and/or providing gas service to users, including any and all Gas Department facilities, easements and rights of way; and
(5) Any and all appurtenances, extension, improvements, additions, alterations or replacements thereof.
LIQUEFIED PROPANE GAS (LPG). Liquefied propane gas. May be piped in a distribution system or may be stored in a tank.
MAIN LINE. A distribution line that serves as a common source of supply for more than 1 service
line.
MASTER METER SYSTEM. Any system of distributing gas whereby an owner buys metered gas from the town then distributes and sells the gas through the owner’s own underground piping system to the ultimate user.
METER SET. The Gas Department’s piping, fittings, service regulator, service meter, associated equipment, and instruments installed downstream of the service riser shutoff valve and upstream of the connection to the owner’s fuel piping.
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NATURAL GAS. Any fuel consisting in whole or in part of natural gas or synthetic natural gas derived from petroleum liquids, coal organic wastes, etc.
ORDINANCE or THIS ORDINANCE. This chapter (Chapter 53) of the Town of Colorado City Code.
OWNER. The person who holds record title to the premise being served.
SERVICE AGREEMENT. The agreement or contract between the Department and the customer pursuant to which service is supplied and taken.
SERVICE LINE. A distribution line that transports gas from a main line to a gas department meter set.
SERVICE STUB. That portion of the service line, which extends from the main line to the owner’s property line, or to the town’s utility easement line, whichever is appropriate.
TAMPER or TAMPERING. Damaging, altering, adjusting or in any manner interfering with or obstructing the action or operation of any regulator, meter or related instrument provided for measuring, controlling or registering the amount of gas passing through such meter.
UNAUTHORIZED METERING. Removing, moving, installing, connecting, reconnecting or disconnecting any meter or metering device for gas service by a person other than an authorized employee of the Department.
USER. Any person who uses, consumes gas from or is connected to the gas supply system of the town. A user may also be an owner, customer, or neither.
UTILITY EASEMENT LINE. That portion of the service line from the owner’s property line to the Gas Department meter set.
(Ord. 2009-02, passed 4-13-2009)
RESPONSIBILITY OF DEPARTMENT
§ 53.10 GAS DEPARTMENT.
The Gas Department shall be responsible for the gas supply system serving the town and such other areas as authorized by the Town Council.
(Ord. 2009-02, passed 4-13-2009)
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§ 53.11 RESPONSIBILITY OF TWIN TOWN POWER AND GAS BOARD.
(A) The powers and limitations of the Gas Board (“Board”) will be the same as specified in the Electric Distribution System Management Operations and Maintenance Agreements dated April 29, 1994.
(B) The Board shall be responsible for the management of the gas supply system of the town and all of the property appertaining thereto. The Board shall see that such system is properly maintained and kept in good working order and repair and they shall ensure proper compliance with all local, state and federal regulations concerning the distribution of gas.
(C) The Board shall perform such other duties in connection with operations of the Department as may be required by the Town Council.
(Ord. 2009-02, passed 4-13-2009)
§ 53.12 RULES AND REGULATIONS.
(A) Rules and regulations adopted by the Board shall pertain to but shall not be limited to installation, construction, operation and maintenance of the gas distribution system of the town and standards, specifications, procedures and guidelines for regulating the distribution and use of gas supplied by the town.
(B) In establishing such rules and regulations, the Board shall seek to assure the safe and efficient operation of the gas supply system and the protection of such system, process, equipment and facilities appurtenant thereto.
(Ord. 2009-02, passed 4-13-2009)
REGULATION OF GAS SERVICE
§ 53.20 GENERAL.
(A) The rates, charges and regulations, including conditions for all classes of gas service, for customers and users inside and outside of the corporate limits of the town shall be determined by the Town Council. The rates, charges and regulations including conditions for all classes of gas service, shall be set forth in tariff sheets to be adopted by reference by resolution of the Town Council.
(B) One copy of the current effective tariff sheets for natural and/or LPG gas service shall be kept on file with the Town Clerk and shall be open for public inspection during regular business hours. Copies thereof may be purchased by any person upon payment of the cost of reproduction.
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(C) Notice of any change in the base rates or regulations shall be mailed to all gas customers. This notice may be sent with utility bills.
(D) Standard for setting rates. All rates, as established by the Town Council, shall be just, reasonable, sufficient and not unduly discriminatory. All rates and regulations shall be designated in tariff sheets as provided above and shall indicate an approval date and an effective date to be set by the Town Council.
(Ord. 2009-02, passed 4-13-2009)
§ 53.21 SERVICE AGREEMENTS.
(A) Form and execution of service agreements. Each applicant for service shall make a written application therefor on the Department’s standard form, or execute a formal contract. The Department’s standard application form, when signed by the Department’s authorized representative as well as the customer, becomes a binding service agreement. Receipt of gas service shall constitute an agreement to abide by all provisions of the standard application form and this chapter.
(B) Implied service agreement. In the absence of a signed service agreement, the delivery of gas service by the Department and acceptance thereof by the customer shall be deemed to constitute an agreement by and between the Department and the customer for delivery and acceptance of gas service under the terms and conditions contained in this chapter and the applicable tariff.
(C) Department’s right to cancel service agreement or to suspend service.
(1) For any default or breach of the service agreement by the customer, including failure to pay bills within the specified period, the Department, in addition to all other legal remedies, may terminate the service agreement or suspend service at the location where such default has occurred. No such termination or suspension, however, will be made by the Department without 5 days notice to the customer, stating in what particular manner the service agreement has been violated, except that no notice need be given in cases of theft or unauthorized use or disposition of service by the customer, or where in the Department’s judgment, the customer is violating or threatening to violate the gas service regulations or other ordinances, laws or codes or the provisions of this chapter.
(2) No notice need be given in case of emergency, other dangerous condition on the customer’s side of the gas meter, or in case of utilization by the customer of service in such manner as to cause danger to persons or property, or to jeopardize service to the customer or others. Failure of the Department at any time after any such default or breach either to suspend supply of service, or to terminate the service agreement, or to resort to any other legal remedy, or its failure to exercise on any 1 or more of such remedies shall not affect the Department’s right to resort thereafter to any 1 or more of such remedies for the same or any future default or breach by the customer.
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(D) Cancellation of service agreement. Unless otherwise provided in the service agreement, where the customer entirely suspends operations with the intention to permanently abandon them, the service agreement may be cancelled by written notice to the Department not less than 30 days before the date upon which service is to be terminated. No such cancellation shall release the customer from his prior obligation.
(E) Change of address of the customer.
(1) When the customer changes his address, he shall give notice thereof to the Department at least 3 days prior to the date of change. The customer will be held responsible for all service supplied to the vacated premises until such notice has been received and the Department has had a reasonable time, but not less than 3 days, to discontinue service.
(2) If the customer moves to an address at which he requires gas service for any purposes specified in his service agreement, and at which address the Department has such service available under the same tariff, the notice shall be considered as the customer’s request that the Department transfer such service to the new address; but if the Department does not have such service available at the new address the old service agreement shall, at the option of the Department, either be considered cancelled or the customer remain liable thereunder.
(3) If the Department has service available at the new address to which a different tariff applies, a new service agreement, including the applicable tariff, will be offered to the customer. The Department will make transfers of service as promptly as reasonably possible after receipt of notice.
(F) Successors and assigns. Service agreements shall inure to the benefit of and be binding upon the respective heirs, legal representatives, or successors by operation of law, of the parties thereto. The customer may assign his service agreement to a third party only with the written consent of the Department. The Department may, without the customer’s consent, assign any service agreement to any person or corporation, in any lawful way acquiring or operating all or any part of the Department’s property used in supplying service under such agreement.
(Ord. 2009-02, passed 4-13-2009)
§ 53.22 BILLING AND DEPOSITS.
(A) Billing periods. Bills ordinarily will be rendered regularly at monthly intervals, but may be rendered more frequently at the Department’s option. Non-receipt of bills by the customer shall not release or diminish the obligation of the customer with respect to payment thereof.
(B) Minimums. When a customer receives service for less than 30 days during the billing period, the applicable monthly minimum shall apply.
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(C) Payment of bills. All charges due from the customer become delinquent if not paid on or before the due date set forth on the bill. Service may be thereafter disconnected 10 days after written notice has been mailed to the customer or delivered to the service address. When so disconnected, service will not be restored until all sums due, including but not limited to any expense of disconnecting and reconnecting the service, are paid. Upon becoming delinquent, a late penalty equal to 5% of all charges not paid on the due date of the bill in question. The protest shall be referred to the Department Manager for resolution. Upon their written determination of the amount due, the customer may appeal to the Board. In the absence of such an appeal, the determination of the Department Manager shall be final. If protest is not made as herein provided, no adjustment will be made.
(D) Charge for restoring service. If service to the customer is discontinued for non-payment of bill, or other violation of the service agreement, before service is reestablished, the customer shall pay the Department a reconnect fee as per tariff, and pay the entire balance of the customer’s pre-existing bill.
(E) Tax adjustment clause. In the event any town, municipality or other governmental body shall impose a gross revenue, occupation or franchise tax upon the Department for gas supplied, then the amount of such tax shall be billed to and paid by the customers receiving the gas from the Department within the town, municipality or governmental body imposing said tax.
(F) Deposits; when required. The Department, at the time application for gas service is made or at any time thereafter, may require a cash deposit or guarantee satisfactory to the Department to secure the payment of bills as they become due. The Department may hold such deposit or guarantee in its entirety until final settlement of the customer’s account. Reasons for deposits may include, but are not limited to, poor payment history and indeterminate or temporary services. The amount of such deposit may be equivalent to the estimated cost of service for 60 days, as estimated by the Department.
(G) Third party guarantees. Third party guarantees in lieu of a deposit shall be permitted upon demonstration of a guarantor’s satisfactory credit.
(H) Letter of credit. In lieu of a deposit, the Department may accept a letter of satisfactory credit from the last gas utility from which the new customer has taken service.
(I) Refunds. Deposits shall be refunded upon the customer’s request after a satisfactory payment history of 24 months. Deposits shall be credited to the customer’s bills for gas service. If the customer is terminating service and that customer’s deposit balance remains greater than the customer’s last bill, the remaining balance, after crediting the bill, shall be refunded directly to the customer.
(Ord. 2009-02, passed 4-13-2009)
§ 53.23 PRIORITY OF REGULATIONS.
The use or connection to the gas supply system of the town by any person except a public utility shall be subject to 1 or more of the following as applicable:
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(A) All ordinances and resolutions of the town;
(B) The provisions of the currently effective tariff sheets governing gas service for the various classes, including regulations set forth herein;
(C) The most current town gas department service line design and construction specifications;
(D) Applicable provisions of the United States Department of Transportation as published in the Federal Register concerning natural or LPG gas; and
(E) Applicable provisions of the Uniform Mechanical Code and any other applicable codes adopted by the Town Council.
(Ord. 2009-02, passed 4-13-2009)
§ 53.24 SPECIAL SERVICE CONTRACT.
The town may provide by special contract for the use of a connection to the gas supply system of the town by institutions, plants, districts, governments, municipal corporations or other similar users. Any connection outside municipal boundaries shall be supplied by gas surplus to the needs of the municipality.
(Ord. 2009-02, passed 4-13-2009)
CONNECTION AND INSTALLATION OF SYSTEM
§ 53.30 CONNECTION TO SYSTEM.
(A) The owner or developer of premises shall notify the Department when such premises are ready for connection to the gas distribution system of the town. No premises shall be supplied with permanent gas from the gas distribution system unless the same shall be designated by official street name and number and such official number shall be placed and maintained conspicuously thereon. Connection of such premises shall only be performed upon approval by the Department.
(B) The town shall not be subject to any liability for any deficiency or defect which is not discovered by inspection nor shall the owner or developer of such premises be absolved from liability for such deficiency or defect and any resulting damage or from responsibility to correct such deficiency or defect.
(Ord. 2009-02, passed 4-13-2009)
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§ 53.31 UNAUTHORIZED CONNECTION PROHIBITED.
(A) It shall be unlawful for any person to connect any line, pipe, hose or other instrument, device or contrivance to the gas supply system or any part thereof without the written consent of the Board.
(B) Any person found in violation of this section shall be guilty of a misdemeanor. In addition to any other penalties that may be imposed, the court may order any person who is found guilty of violating the provisions of this section to pay estimated user charges for the period during which such violation existed.
(Ord. 2009-02, passed 4-13-2009) Penalty, see § 10.99
§ 53.32 UNAUTHORIZED CONNECTION; RECOVERY OF USER CHARGES.
In addition to other penalties set out in this chapter, estimated user charges may be recovered by the town from any person who connects any line, pipe, hose or other instrument, device or contrivance to the gas supply system or any part thereof without the written consent of the Board.
(Ord. 2009-02, passed 4-13-2009)
§ 53.33 MAIN LINES INSTALLATION.
(A) The Board shall determine the location, type and capacity of all main lines. Easements may be required where deemed necessary by the Board to ensure the safety or efficiency of the operation or maintenance of the gas supply system.
(B) The cost of main lines shall be the responsibility of the owner or developer requesting connection to the gas distribution system. All gas main lines shall be a minimum of 2 feet in depth. (Ord. 2009-02, passed 4-13-2009)
§ 53.34 SERVICE LINES; INSTALLATION AND FITTER CERTIFICATION.
(A) The Board shall determine the location or locations at which any owner service line shall be connected to the gas distribution system of the town. Such connections shall be made without entering upon property other than the property of the owner so connected, unless an acceptable recorded utility easement is provided.
(B) The cost of service lines up to and including the meter valve shall be the responsibility of the owner or developer requesting connection to the gas distribution system. Service lines shall be a minimum of 18 inches in depth.
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(C) The gas service line from the property line of the premise to be served, or the town’s utility easement line, to the meter set shall be installed for the Department by a certified service line fitter or the Gas Department at the expense of the owner of the premise and in accordance with the town’s Gas Department specifications. The Gas Department shall be responsible for the inspection of all such installations. Upon inspection and approval, the department shall be responsible for the operation and maintenance of the service line.
(D) There is hereby established a service line fitter certification process to be administered by the Department. The Department shall review applications, conduct training courses, and administer exams as part of the service line fitter certification process. The certification, process shall be conducted in accordance with the Gas Department’s service line certification procedures. The certification process shall be successfully completed by all persons engaging or proposing to engage on the installation of gas service lines destined to be connected to the town’s gas supply system. Upon successful completion of the certification process, the applicant shall be certified as a service line fitter.
(E) Conditions for continued certification, re-certification, and issuance of violations or revocation of certification shall be as set forth by the Department’s service line fitter certification procedures. The Department reserves the right to revoke certification of any person determined by the Department to be inadequately qualified to install gas service lines.
(F) As a condition precedent to receiving gas service, the owner of the premise being served shall grant the Department permission to locate any portion of the gas supply system necessary to provide service, on or within the boundaries of the premise; and, further grant the Department the irrevocable right of access for the purpose of reading the meter, and installation, removal, operation and maintenance of all such portions of the gas supply system, including permission to make necessary excavation for such purposes.
(Ord. 2009-02, passed 4-13-2009)
§ 53.35 EXCAVATIONS FOR SERVICE.
(A) All excavations for gas service installation or repair shall be performed in accordance with the town ordinances and the rules and regulations of the Department as applicable. Such excavations shall meet all applicable safety standards, including any requirements as to barricades and lights. Streets, sidewalks, parkways and other public property disturbed in the course of work shall be restored in a manner satisfactory to the Town Public Works Director.
(B) All transmission lines having a pressure of over 100 pounds shall be a minimum of 3 feet in depth.
(Ord. 2009-02, passed 4-13-2009)
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§ 53.36 EXTENSION AND INSTALLATION; CONFORMANCE WITH RULES AND REGULATIONS.
(A) All extensions of the gas supply system, including the installation of new main lines and service lines, shall be in conformance with all applicable rules and regulations of the Department. The Board in its discretion may refuse to extend service to any person failing to so conform with such rules and regulations.
(B) Line extensions done by an owner or developer shall be warranted by said owner or developer for a period of 1 year after the line is completed and charged with gas. The owner or developer shall be responsible for the cost of main lines and service lines up to and including each customer’s meter valve. (Ord. 2009-02, passed 4-13-2009)
§ 53.37 CUSTOMER RESPONSIBILITY.
The customer assumes all responsibility on the customer’s side of the gas meter for service supplied or taken, as well as for the apparatus used in connection therewith, and shall indemnify the Department from and against all loss, cost, damage or claim and claims for injury or damages to persons or property occasioned by or in any way resulting from such service or the use thereof on the customer’s side of the gas meter. Such indemnity shall extend to cover all expenses, including all attorney fees and court costs, incurred by the Department, with or without suit.
(Ord. 2009-02, passed 4-13-2009)
§ 53.38 RELOCATION OF DEPARTMENT FACILITIES AT CUSTOMER’S REQUEST.
When, solely for the customer’s convenience, the Department is requested to relocate its facilities, the customer shall pay to the Department the total cost of making the requested change, as the Department determines that cost.
(Ord. 2009-02, passed 4-13-2009)
GAS METERS AND REGULATIONS
§ 53.50 SUPPLYING AND TAKING OF SERVICE.
(A) Gas supply. The Department supplies gas at pressures agreed upon between the Department and customer at time of connection.
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(B) Supply of service. Service will be supplied only under and pursuant to these gas service regulations, and any modifications or additions thereto, and such applicable rate or rates as may from time to time be adopted. Service will be supplied under a given tariff only at such connections as are adjacent to facilities of the Department adequate and suitable as to capacity and pressure for the service desired. Otherwise, special agreements between the customer and the Department may be required.
(C) Continuity of service. The Department will use reasonable diligence to supply steady and continuous service, but does not guarantee the service against irregularities or interruptions. The Department shall not be liable to the customer for any injury, loss, or damages occasioned by or related to irregularities or interruptions from whatever cause, nor shall such interruption or irregularity constitute a default in the service agreement or on the part of the Department.
(D) Meter tests and bill adjustments:
(1) When the accuracy of a meter is questioned, upon written request from the customer, the Department will test the meter by comparing with a standard test meter. If the meter is found to be accurate within plus or minus 5%, the customer will reimburse the Department for the cost of said test. Prior to any test, the Department reserves the right to require a deposit to cover said costs.
(2) If the meter being tested is found to be more than 5% slow or fast, no charge shall be made for testing and the Department will adjust the bill in proportion to the error (either fast or slow) for the period covered by the bill in question and until the date of installation of a new meter, but said adjustment period, in any event, shall not exceed 90 days.
(Ord. 2009-02, passed 4-13-2009)
§ 53.51 MULTIPLE METER LOOPS; MARKING REQUIRED.
In the event that gas is served to more than 1 user at a single premise, through a multiple meter set, the owner shall be responsible for plainly marking each meter of the multiple meter set with a permanent brass tag or approved plastic tag which identifies the apartment, office, room or other area served by each meter.
(Ord. 2009-02, passed 4-13-2009)
§ 53.52 MASTER METERS.
(A) In the event that gas is served through a master meter system, it shall be the responsibility of the owner of such premise to install, operate and maintain the gas piping and facilities downstream of the meter.
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(B) Master meters shall be installed only upon the approval of the Board. Installation and operation of piping downstream of a master meter shall be in compliance with the current regulations of the Gas Department.
(Ord. 2009-02, passed 4-13-2009)
§ 53.53 UNLAWFUL ACTS.
(A) It shall be unlawful for any person to install a by-pass without the express written authorization of the Board.
(B) It shall be unlawful for any customer or the user at any premises knowingly to receive gas service by means of a by-pass which has not been authorized in writing by the Board.
(C) It shall be unlawful for any person to tamper with a gas meter, regulator or related instrument without the express written authorization of the Board.
(D) It shall be unlawful for any customer or the user at any premises knowingly to receive gas service by means of tampering which the Board has not authorized in writing.
(E) It shall be unlawful for any person to engage in unauthorized metering.
(F) It shall be unlawful for any customer or the user at any premises knowingly to receive gas service by means of unauthorized metering which has not been expressly authorized in writing by the Board.
(G) In no case shall the customer, except with the consent of the Department, extend or connect his installation to lines across or under a street, alley, lane, court or avenue, or other public or private space in order to obtain service for an adjacent property through one meter, even though such adjacent property be owned by the customer.
(Ord. 2009-02, passed 4-13-2009)
§ 53.54 EVIDENCE OF VIOLATIONS.
(A) Proof of the existence of any by-pass, tampering or unauthorized metering, as prohibited in this chapter, shall be deemed prima facie evidence that the user at the premises where such bypass, tampering or unauthorized metering is proved to exist had knowledge of the by-pass, tampering or unauthorized metering if it is proved that the user is an occupant of the premises and that said user had access to the gas meter or other utility equipment where the bypass, tampering or unauthorized metering is proved to exist.
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(B) Proof of the existence of any by-pass, tampering or unauthorized metering, as prohibited by this chapter, shall be deemed prima facie evidence that the customer had knowledge of the by-pass, tampering or unauthorized metering if it is proved that said customer controlled access to the gas meter, regulator or other related equipment where the by-pass, tampering or unauthorized metering is proved to exist.
(Ord. 2009-02, passed 4-13-2009)
§ 53.55 INTERRUPTION OF SERVICE ON ACCOUNT OF TAMPERING, BYPASSING OR UNAUTHORIZED METERING.
(A) Tampering, by-passing or unauthorized metering, as defined in this chapter, is subterfuge and constitutes a safety hazard.
(B) Such tampering, bypassing or unauthorized metering shall be grounds for immediate disconnection of service without notice to the customer or user at such premises, and service shall not be reconnected until any and all deficiencies in piping, connections, meters and/or other gas facilities of the premises have been repaired, corrected or otherwise altered to conform to the requirements of all applicable ordinances, rules and regulations, and until the requirements of this chapter are met.
(Ord. 2009-02, passed 4-13-2009)
§ 53.56 RECONNECTION CHARGES FOR TAMPERING, BYPASSING OR UNAUTHORIZED METERING.
In order for gas service to be reconnected to premises where tampering, by-passing or unauthorized metering has occurred, the customer or user at the premises shall pay the following charges to the town prior to the reconnection.
(A) A service charge calculated to compensate the town for all reasonable expenses incurred on account of the tampering, by-passing or unauthorized metering, including, but not limited to, costs of investigation, disconnection, reconnection and service calls, but in no event less than $75; and
(B) The cost of repairing or replacing any damaged utility equipment; and
(C) The actual or estimated user charges not previously billed to the customer as a result of the tampering, bypassing or unauthorized metering.
(Ord. 2009-02, passed 4-13-2009)
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CONTROL AND PROTECTION OF GAS SYSTEM
§ 53.70 UNLAWFUL TO DAMAGE SYSTEM.
(A) It shall be unlawful for any person to interfere or tamper in any manner with any transmission or distribution line, service stub, service line, meter set or any appurtenance thereof connected to or part of the gas system without prior written permission obtained from the Board.
(B) It shall be unlawful for any person to damage, impair or deface any part, appliance or appurtenance of the gas distribution system of the town.
(C) It shall be unlawful for any person to excavate, obstruct or disconnect any transmission or distribution facility of the town, or to do any act or thing to divert, damage or otherwise impede or hinder, or tend to impede or hinder, the flow of gas through the gas distribution system of the town.
(D) It shall be unlawful for any person to excavate with other than hand tools within 18 inches of any underground gas pipeline or facility. Excavation near such facilities shall be in combination with careful probing. For the purpose of this section hand tools shall include only non-motorized tools.
(E) It shall be unlawful for any person to excavate on a premise located within the town’s certified gas service area which is served by gas, or within a street right of way or utility easement which contains gas facilities owned by the town without first requesting utility locations from the town’s central locating unit at least 2 working days prior to beginning the excavation.
(F) In the event that piping or equipment; attached to or part of the town’s gas distribution system is exposed or damaged, it shall be the responsibility of the party causing exposure or damage to immediately notify the Gas Department of such exposure or damage, and further, to provide for the continued exposure of said facilities until the town can appropriately inspect or repair its facilities. (Ord. 2009-02, passed 4-13-2009)
§ 53.71 PROSECUTION AND RESTITUTION.
(A) In case of such unauthorized re-metering, sale, extension, or other unlawful acts of this chapter, the Department may immediately discontinue the supplying of service to the customer until such unauthorized re-metering, sale, or act is discontinued and full payment is made for all service supplied or used, billed on proper classification and tariff sheets, and reimbursement in full is made to the Department for all extra expenses incurred, including attorney fees, expenses for clerical work, testing and inspections plus the cost of repairing or replacing any damaged utility equipment, and any other costs incurred by the town related to the violation including, but not limited to costs of investigation, disconnection, reconnection and service calls.
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(B) Anyone found guilty of violating any of the provisions of this chapter is guilty of a misdemeanor.
(Ord. 2009-02, passed 4 13-2009) Penalty, see § 10.99
§ 53.72 DISCONNECTION FOR UNSAFE CONDITION.
(A) The owner of the premises served by the gas distribution system of the town shall maintain all gas piping downstream of the meter set to the end use at the premises and shall keep other gas equipment and facilities of such premises in safe condition in accordance with all ordinances, rules and regulations of the town; provided, however, that all the gas supply system installed, owned or operated by the Gas Department shall be maintained by the Department.
(B) In the event that the Board determines that any gas piping or other gas equipment or facility on a premise is unsafe, service to such premises may be disconnected and shall not be reconnected until the owner of such premises has corrected the unsafe condition and approved by the Department.
(Ord. 2009-02, passed 4-13-2009)
§ 53.73 LIABILITY OF TOWN; EXCLUSION OF.
The town shall not be liable to any person for failure to maintain gas service during repairs or extensions to the gas supply system, nor shall the town be liable where such failure is caused by or results from a strike, an act of God, an unavoidable accident or other contingency beyond the control of the town.
(Ord. 2009-02, passed 4-13-2009)
§ 53.99 PENALTY.
Any person, firm or corporation who fails to comply with, or violates any of these regulations, shall be guilty of a Class One misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed $1,000, or by imprisonment not to exceed 6 months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as herein above described. The imposition of any sentence shall not exempt the offender from compliance with the requirements of these regulations and provisions of this chapter.
(Ord. 2009-02, passed 4-13-2009)
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Chapter
TITLE VII: TRAFFIC CODE
1
2 Colorado City – Traffic Code
Section
70.01 Duty of Police Chief
70.02 Record of traffic vCioHlaAtioPnTsER 70: ADMINISTRATION
70.03 Police to investigate accidents
70.04 Traffic accident studies
70.05 Traffic accident reports
§ 70.01 DUTY OF POLICE CHIEF.
(A) It shall be the duty of the Police Chief to provide for the enforcement of the street traffic regulations of the town and all of the state vehicle laws applicable to street traffic in the town to make arrests for traffic violations, to investigate accidents and to assist in developing ways and means to improve traffic conditions, and to carry out all duties specially imposed upon the Police Chief by this chapter.
(B) Any peace officer of the town may be authorized by the Police Chief to perform any of the duties of the Police Chief included in this title.
(A.R.S. §§ 9-240(B)(3) and (4), 28-627 and 28-643) (1986 Code, § 14-1-1)
§ 70.02 RECORD OF TRAFFIC VIOLATIONS.
(A) The police shall keep a record of all violations of the traffic laws of the town or of the state vehicle laws of which any person has been charged together with that record the final disposition of all such alleged offenses. This record shall be retained according to the Arizona State Library Archives and Public Records municipal schedules.
(B) All records and reports shall be public records, except personal and confidential information as protected by state or federal law.
(1986 Code, § 14-1-2)
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§ 70.03 POLICE TO INVESTIGATE ACCIDENTS.
It shall be the duty of the police to investigate traffic accidents and to arrest and assist in the prosecution of those persons charged with violations of law causing or contributing to those accidents. (1986 Code, § 14-1-3)
§ 70.04 TRAFFIC ACCIDENT STUDIES.
Whenever the accidents of any particular location become numerous the Police Chief shall conduct studies of those accidents and determine remedial measures.
(1986 Code, § 14-1-4)
§ 70.05 TRAFFIC ACCIDENT REPORTS.
(A) The Police Chief shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically by location.
(B) The Police Chief shall receive and properly file all accident reports made to him or her under state law or under any law of the town. All the accident reports made by drivers shall be for the confidential use of the town. No such report shall be admissible in any civil or criminal proceeding other than upon request of any person making the report or upon request of the court having jurisdiction, to prove compliance with the laws requiring the making of any such report.
(1986 Code, § 14-1-5)
Section
71.01 Adoption of Uniform Traffic Code
71.02 Directing traffiCc HAPTER 71: TRAFFIC REGULATIONS
71.03 Obedience to traffic regulations
71.04 Use of coasters, roller skates and similar devices restricted
71.05 Traffic control devices
71.06 Authority to designate crosswalks, establish safety zones and mark traffic lanes
71.07 Authority to place and obedience to turning markers
71.08 Authority to place and obedience to restricted turn signs
71.09 Limitations of turning around
71.10 One-way streets and alleys
71.11 Regulation of traffic at intersections
71.12 Driver to obey signs
71.13 Special events
71.14 Speed limits
71.15 Speed contest; exhibition driving on highway
§ 71.01 ADOPTION OF UNIFORM TRAFFIC CODE.
A.R.S. Title 28, Chapter 3 is hereby approved and adopted as the Traffic Code for this municipality except as that code may be altered or modified.
(1986 Code, § 14-2-1)
§ 71.02 DIRECTING TRAFFIC.
(A) The Police Chief is hereby authorized to direct all traffic by voice, hand or signal.
(B) Officers of the Fire Department, when at the scene of a fire, may direct or assist the Police Chief in directing or detouring traffic thereat or in the immediate vicinity.
(1986 Code, § 14-2-2)
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§ 71.03 OBEDIENCE TO TRAFFIC REGULATIONS.
It is unlawful, except as otherwise provided in this code, for any person to do any act forbidden or fail to perform any act required by this chapter or willfully fail or refuse to comply with any lawful order or direction of the Police Chief or of any Fire Department official.
(1986 Code, § 14-2-3) Penalty, see § 10.99
§ 71.04 USE OF COASTERS, ROLLER SKATES AND SIMILAR DEVICES RESTRICTED.
No person upon roller skates or riding any coaster, toy vehicle or similar device shall go upon any roadway except while crossing a street on a crosswalk, and, when crossing, that person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians.
(1986 Code, § 14-2-4) Penalty, see § 10.99
§ 71.05 TRAFFIC CONTROL DEVICES.
(A) The Public Works Director, in coordination with the approval of the Council, shall place and maintain traffic control devices, signs and signals when and as required under the traffic regulations of the town to make effective the provisions of those regulations, and may place and maintain such additional traffic control devices as he or she may deem necessary to regulate traffic under the traffic laws of the town or under state law or to guide or warn traffic.
(B) The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the traffic regulations of the town unless otherwise directed by the police, subject to the exceptions granted in this chapter or by state law.
(1986 Code, § 14-2-5)
§ 71.06 AUTHORITY TO DESIGNATE CROSSWALKS, ESTABLISH SAFETY ZONES AND MARK TRAFFIC LANES.
The Public Works Director is hereby authorized, on approval by the Council:
(A) To designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where in his or her opinion there is particular danger to pedestrians crossing the roadway, and at such other places as he or she may deem necessary;
(B) To establish safety zones of such kind and character and at such places as he or she may deem necessary for the protection of pedestrians; and
(C) To mark lanes for traffic on street pavement at such places as he or she may deem advisable, consistent with the traffic laws of the town.
(1986 Code, § 14-2-6)
Traffic Regulations 7
§ 71.07 AUTHORITY TO PLACE AND OBEDIENCE TO TURNING MARKERS.
(A) The Public Works Director is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law.
(B) When authored markers, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.
(1986 Code, § 14-2-7)
§ 71.08 AUTHORITY TO PLACE AND OBEDIENCE TO RESTRICTED TURN SIGNS.
(A) (1) The Public Works Director, on approval by the Council, is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn and shall place proper signs at those intersections.
(2) The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which even the same shall be plainly indicated on the signs, or the signs may be removed when such turns are permitted.
(B) Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.
(1986 Code, § 14-2-8) Penalty, see § 10.99
§ 71.09 LIMITATIONS ON TURNING AROUND.
The driver of any vehicle shall not turn the vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless that movement can be made in safety and without interfering with other traffic, having consideration for the existing and potential hazards.
(1986 Code, § 14-2-9) Penalty, see § 10.99
§ 71.10 ONE-WAY STREETS AND ALLEYS.
(A) The Council shall be resolution designate any streets or alleys which are to be limited to 1- way traffic.
(B) (1) When any resolution of the Council designates any 1-way street or alley, the Public Works Director shall place and maintain signs giving notice thereof, and no such regulation shall be effective unless those signs are in place.
8 Colorado City – Traffic Code
(2) Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.
(1986 Code, § 14-2-10)
§ 71.11 REGULATION OF TRAFFIC AT INTERSECTIONS.
(A) The Public Works Director shall designate through streets, intersections where stops are required, and intersections where vehicles shall yield the right-of-way.
(B) Appropriate signs shall be erected at every location where a vehicle must stop or yield the right-of-way.
(1986 Code, § 14-2-11)
§ 71.12 DRIVER TO OBEY SIGNS.
(A) Whenever traffic signs are erected as provided in this chapter, every driver of a vehicle shall obey those signs unless directed to proceed by the Police Chief or a traffic control signal.
(B) No driver shall drive upon or through any private property such as an oil station, vacant lot or similar property to avoid obedience to any regulation included in this chapter.
(1986 Code, § 14-2-12) Penalty, see § 10.99
§ 71.13 SPECIAL EVENTS.
(A) No procession or parade, march, motorcade, fair, ceremony, show, exhibit, festival, street performance, organized race, concert, carnival or other such activity, except funeral processions, shall be held without first securing a permit from the Police Chief and all such requests for permits shall state the time, place of formation, proposed line of march, destination and such other regulations as the Police Chief may set forth therein.
(B) A funeral procession composed of a procession of vehicles shall be identified by such methods as may be determined and designated by the Police Chief.
(C) No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when those vehicles are conspicuously designated. This provision shall not apply at intersections where traffic is controlled by traffic control signals or the Police Chief.
(D) Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and shall follow the vehicle ahead as close as is practical and safe.
(1986 Code, § 14-2-13)
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§ 71.14 SPEED LIMITS.
Any speed in excess of 35 mph shall be prima facie evidence that the speed is not reasonable and is a civil traffic violation, on every public street of the town, except where the posted speed limit is different.
(1986 Code, § 14-2-14)
§ 71.15 SPEED CONTEST; EXHIBITION DRIVING ON HIGHWAY.
(A) A person may not engage in any motor vehicle speed contest or exhibition of speed on a highway or aid or abet in any motor vehicle speed contest or exhibition on any highway.
(B) A person may not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest upon a highway, in any manner obstruct or place any barricade or obstruction or assist or participate in placing any barricade or obstruction upon any highway.
(C) A person shall not operate a motor vehicle on any highway in such a manner as to cause it to fishtail, slide or otherwise cause the wheels to lose contact or traction with the road surface in an unsafe manner.
(Ord. 21, passed 2-13-1995) Penalty, see § 10.99
10 Colorado City – Traffic Code
Section
72.01 Method of parking
72.02 Blocking traffiCcHAPTER 72: PARKING REGULATIONS
72.03 Parking adjacent to schools
72.04 Authority to erect signs restricting parking
72.05 Parking vehicles on sidewalks
72.06 Restricted parking areas for the handicapped
72.07 Abandoned vehicles
72.08 Parking adjacent to parks prohibited during curfew hours
72.09 Prohibited parking
72.10 Application of restrictions
§ 72.01 METHOD OF PARKING.
Except as otherwise provided by resolution of the Council, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of the vehicle parallel to and within 18 inches of the right-hand curb.
(1986 Code, § 14-3-1) Penalty, see § 10.99
§ 72.02 BLOCKING TRAFFIC.
(A) No person shall stop, stand or park any motor vehicle, or other vehicle, upon a street in the town in such a manner or under such conditions as to leave available less that 20 feet of the width of the roadway for the free movement of vehicular traffic, except that a person may stop temporarily, in the actual loading or unloading of passengers, or when necessary, in the observance of traffic signs or signals of the Police Chief.
(B) No person shall park a motor vehicle, or other vehicle, within an alley or entrance to a private driveway except for the loading or unloading of materials, and not then unless the loading or unloading can be accomplished without blocking the alley to the free movement of vehicular traffic.
(1986 Code, § 14-3-2) Penalty, see § 10.99
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§ 72.03 PARKING ADJACENT TO SCHOOLS.
When signs are erected indicating no parking on that side of the street adjacent to any school property, no person shall park a vehicle in any such designated place for 1 hour before school opens until 1 hour after school closes on any school day.
(1986 Code, § 14-3-3) Penalty, see § 10.99
§ 72.04 AUTHORITY TO ERECT SIGNS RESTRICTING PARKING.
(A) The Public Works Director, upon approval by the Council, may erect signs requiring parking at an angle to the curb, allowing parking on the left-hand curb on 1-way streets, notifying drivers that parking is prohibited, and restricting parking in any way that may be necessary.
(B) When the signs have been erected, no person shall stop or stand a vehicle in disobedience to those parking restrictions.
(1986 Code, § 14-3-4) Penalty, see § 10.99
§ 72.05 PARKING VEHICLES ON SIDEWALKS.
No person shall park any vehicle, whether in usable condition or not, nor shall an owner permit his or her vehicle to be parked upon any sidewalk in the town.
(1986 Code, § 14-3-5) Penalty, see § 10.99
§ 72.06 RESTRICTED PARKING AREAS FOR THE HANDICAPPED.
(A) No person shall park a vehicle in a parking space set aside and identified for use only by persons with physical disabilities, unless the vehicle has displayed thereon a distinguishing insignia as provided in A.R.S. § 28-884.
(B) Division (A) above shall apply only to those parking spaces that are identified with standard signs or other markers, as approved by the police.
(C) Any person or business which causes a parking space to be set aside for use only by persons with physical disabilities and identifies that parking space by the methods described in division (B) above shall be deemed to have given consent to the police to enforce a violation of this section, when the violation occurs on the private property of such person or business.
(1986 Code, § 14-3-6) Penalty, see § 10.99
Parking Regulations 13
§ 72.07 ABANDONED VEHICLES.
Any vehicle left unattended, after being tagged by the police, for more than 48 hours within the right-of-way of a highway, road, street or other public thoroughfare or on any sidewalk, is declared to be an abandoned vehicle and the police may forthwith remove the same from the sidewalks or streets of the town at the expense of the owner of the vehicle.
(1986 Code, § 14-3-7)
§ 72.08 PARKING ADJACENT TO PARKS PROHIBITED DURING CURFEW HOURS.
No person shall park a vehicle or allow a vehicle to remain parked on any public road or alley adjacent to or abutting any town park during the hours between 12:00 midnight and 6:00 a.m. The police may remove any vehicle in violation at the expense of the owner.
(1986 Code, § 14-3-8) Penalty, see § 10.99
§ 72.09 PROHIBITED PARKING.
No person shall park a vehicle upon any street for the principal purpose of:
(A) Displaying the vehicle for sale;
(B) Washing, greasing or repairing the vehicle, except repairs necessitated by an emergency;
(C) Displaying advertising; or
(D) Displaying commercial exhibits. (1986 Code, § 14-3-9) Penalty, see § 10.99
§ 72.10 APPLICATION OF RESTRICTIONS.
(A) The provisions of this chapter prohibiting the standing or parking of a vehicle shall apply at all times, or at those times herein specified or as indicated on official signs, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.
(B) The provisions of this chapter imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. The stopping, standing or parking restrictions in this chapter do not apply to town police officers acting in the actual performance of law enforcement duty.
(1986 Code, § 14-3-10)
14 Colorado City – Traffic Code
Section
73.01 Definition
73.02 Pedestrian’s duties
73.99 Penalty
CHAPTER 73: JAYWALKING
§ 73.01 DEFINITION.
For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
CROSSWALK. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in absence of curbs, from the edges of the traversable roadway and any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other marks on the surface.
(1986 Code, § 14-4-1)
§ 73.02 PEDESTRIAN’S DUTIES.
Pedestrians shall be subject to any official traffic control device applicable thereto placed in accordance with the state or local traffic laws, unless otherwise directed by a police officer. (1986 Code, § 14-4-2) Penalty, see § 73.99
§ 73.99 PENALTY.
Every person convicted of a violation of this chapter shall be punished by a fine of not more than
$25 or by imprisonment for not more than 5 days or by both the fine and imprisonment. (1986 Code, § 14-4-3)
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TITLE IX: GENERAL REGULATIONS
Chapter
1
2 Colorado City – General Regulations
CHAPTER 90: ANIMALS
Section
Administration and Enforcement
90.01 Animal Control Officer; authority
90.02 Animal Control Officer; enforcement
90.03 Investigations; right of entry
90.04 Pursuit; right of entry
90.05 Interference with Officer prohibited
90.06 Public nuisance declared
90.07 Definitions
Dog Licenses
90.20 Dog licenses required
90.21 License fees
90.22 Term of license
Impoundment and Disposition
90.35 Relinquishing an animal
90.36 Notification of owner of record
90.37 Release of animal to owner
90.38 Holding period; disposition
Communicable Disease
90.50 Harboring diseased animal prohibited; disposal
90.51 Rabid animal; reporting
90.52 Rabid animal; isolation
90.53 Euthanasia for testing
Animal Care and Control
90.65 Conditions of ownership
90.66 Applicability to non-residents
90.67 Restraint of animal by owner
90.68 Possession of vicious or dangerous animal
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90.69 Dogs prohibited in certain public places
90.70 Disturbing the peace prohibited
90.71 Female dogs in heat
90.72 Abandoning sick or disabled animals
90.73 Removal and disposition of dead animals
90.74 Rendering assistance to animals
90.75 Emergency proclamation
90.76 Liability for at-large animals
90.77 Dogs attacking persons and animals
90.78 Cruelty to animals
90.79 Poisoning animals
90.80 Encouraging animals to fight
90.81 Keeping wild animals and reptiles
90.82 Animal packs
90.83 Animal waste
Kennels
90.100 Definition; permit required
90.101 Standards
90.102 Location
90.103 Permit revocation
90.104 Inspections
Fee Schedule
90.115 Adoption of fee schedule 90.999 Penalty
ADMINISTRATION AND ENFORCEMENT
§ 90.001 ANIMAL CONTROL OFFICER; AUTHORITY.
In accordance with the laws of the State of Arizona, the Town of Colorado City is enabled to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. The position of Animal Control Officer is hereby created and vested with authority to perform the duties and authority to enforce the provisions of this chapter.
(Ord. 2007-3, passed 7-16-2007)
Animals 5
§ 90.002 ANIMAL CONTROL OFFICER; ENFORCEMENT.
(A) The Animal Control Officer or deputy thereof assigned to duties which include the enforcement of animal control laws shall be responsible for enforcing the provisions of this chapter.
(B) Each of the individuals referred to in this section shall have the power to issue citations for violations of this chapter and to swear to complaints for those violations when appropriate.
(Ord. 2007-3, passed 7-16-2007)
§ 90.003 INVESTIGATIONS; RIGHT OF ENTRY.
The Animal Control Officer, Public Health Officer and any Town Peace Officer may enter upon privately owned land to investigate reports of vicious or dangerous animals, rabies or other contagious animal diseases and to investigate violations of this chapter.
(Ord. 2007-3, passed 7-16-2007)
§ 90.004 PURSUIT; RIGHT OF ENTRY.
In the enforcement of any of the provisions of this chapter, the Animal Control Officer or his or her deputy may enter upon the premises of any person to take possession of registered or unregistered, fierce, dangerous or vicious animals when in fresh pursuit of the animal at the time the animal goes onto private property.
(Ord. 2007-3, passed 7-16-2007)
§ 90.005 INTERFERENCE WITH OFFICER PROHIBITED.
(A) It is unlawful for any person to interfere with, molest, hinder or prevent the Animal Control Officer from discharging his or her duties.
(B) Any person who hinders, delays, interferes with or obstructs an Animal Control Officer, while the Officer is engaged in capturing, securing or taking to the animal shelter any animal or animals to be impounded, or who breaks open or in any manner directly aids, counsels or advises in the breaking of any animal shelter or vehicle used for holding, collecting or conveying any animals to the shelter, shall be deemed guilty of a misdemeanor.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
6 Colorado City – General Regulations
§ 90.006 PUBLIC NUISANCE DECLARED.
(A) The introduction, possession or maintenance of any animal; or allowing of any animal to be in violation of this chapter is, in addition to being a misdemeanor, declared to be a public nuisance.
(B) The Animal Control Officer and his or her deputy are empowered and authorized to abate the public nuisance by any means reasonable, including, but not limited to, the impounding of the animal in an appropriate shelter, the taking of the animal by humane means for impoundment, or the destruction of the animal or animals involved.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
§ 90.007 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any animal of a species that is susceptible to rabies, except humans.
ANIMAL CONTROL OFFICER. That person who is responsible for the enforcement of the rules adopted under this subchapter. Town police Officers shall act as ANIMAL CONTROL OFFICERS.
AT LARGE. Being neither confined by an enclosure nor physically restrained by a leash.
EQUINE. Horses, mules, burros and asses.
IMPOUND. The act of taking or receiving into custody by the Animal Control Officer any dog or other animal for the purpose of confinement in a pound in accordance with the provisions of this subchapter.
IMPOUND FACILITY. Any establishment authorized by the town for the confinement, maintenance, safekeeping and control of dogs and other animals that come into the custody of the Animal Control Officer.
KENNEL. Premises where more than 4 dogs are raised, housed or boarded.
LIVESTOCK. Equine, cattle, sheep, goats, except feral pigs.
RATITE. Ostriches, emus, rheas and cassowaries.
VICIOUS ANIMAL. Any animal of the order carnivora that has a propensity to attack, to cause injury to or to otherwise endanger the safety of human beings without provocation, or that has been so declared after a hearing before a justice of the peace or a city magistrate.
(Ord. 2007-3, passed 7-16-2007; Am. Ord. 2011-01, passed 5-11-2011)
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DOG LICENSES
§ 90.020 DOG LICENSES REQUIRED.
(A) It is unlawful for any person to own, keep, harbor or maintain within city limits of the city, any dog which has attained the age of 4 months, unless and until the dog has been duly licensed and registered as provided in this chapter. All dogs must be licensed with the town, within 30 days after the dog is brought into the town.
(B) Before a license is issued for any dog, the owner must present a vaccination certificate stating the owner’s name and address and giving the dog’s description, date of vaccination and type, manufacturer and serial number of the vaccine and date revaccination is due. No dog shall be licensed unless it is vaccinated in accordance with the provisions of this subchapter.
(C) (1) Each dog licensed under the terms of this subchapter shall receive, at the time of licensing a tag on which is inscribed the name of the town, the number of the license and the year in which it expires.
(2) The tag shall be attached to a collar or harness which shall be worn by the dog at all times except as otherwise provided in this subchapter.
(3) Whenever a dog tag is lost, a duplicate tag shall be issued upon application by the owner and payment of replacement fee.
(4) License tags and current rabies tags are not transferable from one dog to another.
(5) Every owner shall be required to provide each dog with a collar or harness to which the current license and current rabies vaccination tag are attached.
(D) It is unlawful for any person to counterfeit or attempt to counterfeit an official dog tag or remove the tag from any dog for the purpose of willful and malicious mischief or place a dog tag upon a dog unless the tag was issued to that dog.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
§ 90.021 LICENSE FEES.
The license required by § 90.020 above shall be issued by the Police Department upon payment by the applicant of a fee established by resolution of the Town Council. The license fees shall be paid for each dog kept within the town limits.
(Ord. 2007-3, passed 7-16-2007)
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§ 90.022 TERM OF LICENSE.
The licensing period shall be one calendar year; January 1 through December 31. (Ord. 2007-3, passed 7-16-2007)
IMPOUNDMENT AND DISPOSITION
§ 90.035 RELINQUISHING AN ANIMAL.
Any stray animal must be relinquished to the Animal Control Officer within 24 hours. Any person who relinquished an animal to the Animal Control Officer shall give his or her name, address and if he or she is not the owner, the location where he or she found the animal.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
§ 90.036 NOTIFICATION OF OWNER OF RECORD.
Upon receipt of a lost or stray animal bearing a current tag or other identification, the Animal Control Officer shall notify the owner of the record, at the address indicated on the license form, of the location of the animal. Compliance with notice requirements of this chapter shall be deemed as met if the Animal Control Officer has mailed the notice to the owner of record at his or her address of record. (Ord. 2007-3, passed 7-16-2007)
§ 90.037 RELEASE OF ANIMAL TO OWNER.
The owner of an impounded animal may claim it prior to its legal disposition by providing proper identification, meeting all legal requirements and paying the applicable redemption fees for impoundment, board, medical care, sterilization, vaccination and/or other costs.
(Ord. 2007-3, passed 7-16-2007)
§ 90.038 HOLDING PERIOD; DISPOSITION.
(A) The Animal Control Officer shall hold impounded animals for not less than 5 working days, so that the owner or custodian may claim it prior to other disposition. Dogs that are not wearing a current license tag when impounded shall be held for not less than 3 working days. Livestock or ratite shall be held for not less than 7 days total, including advertising time.
(B) At the expiration of the prescribed holding time, anyone may claim the animal, other than livestock and ratite, provided that such person pays all impound fees and complies with all licensing provisions. Animals relinquished by their owners may be humanely destroyed without regard to the
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prescribed holding time in order to alleviate suffering or to protect other impounded animals from exposure to contagious diseases. Any animal not claimed or sold at public auction under the provisions of this section, shall be disposed of in a humane manner.
(C) The Animal Control Officer may utilize the impound facility of the town, the county or any other appropriate facility as needed. The Animal Control Officer has discretion to transfer any impounded livestock to the Arizona Department of Agriculture, brand inspector for state impound.
(D) If the owner of livestock or ratite is unknown or cannot be located, the Animal Control Officer may sell the animal at a public auction after giving at least 5 days notice of the sale posted in 3 public places in the town:
(1) That the stray animal will be sold at public auction for cash to the highest bidder.
(2) The location where the stray animal will be held and the location where the animal will be
sold.
(E) The owner of a stray animal may take possession of the animal at any time prior to sale by proving ownership and paying the impound fees and all expenses incurred in keeping and caring for the animal.
(F) The town shall give the purchaser a bill of sale upon payment of amount of bid. The owner of an animal sold may take possession of it at any time before the purchaser sells it by paying to the purcahser the purchase price paid at the sale, together with the expense of keeping and caring for the animal from the date of sale to the time the owner takes possession of the animal.
(Ord. 2007-3, passed 7-16-2007; Am. Ord. 2011-01, passed 5-11-2011)
COMMUNICABLE DISEASE
§ 90.050 HARBORING DISEASED ANIMAL PROHIBITED; DISPOSAL.
(A) No person shall knowingly harbor or keep any dog or other animal with a serious injury or afflicted with mange, ringworm, distemper or any other contagious disease, unless the dog or other animal is, in the opinion of the Animal Control Officer, or veterinarian, being given adequate, treatment for the disease.
(B) The Animal Control Officer or veterinarian may take immediate possession of any such animal not being treated or which is not responding to the treatment and immediately dispose of the animal unless the owner forthwith places the animal under the control and treatment of a licensed veterinarian.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
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§ 90.051 RABID ANIMAL; REPORTING.
(A) Reporting of bites. All persons bitten, and the parents or guardians of minor children bitten by a dog, cat, skunk, fox, bat, coyote, bobcat or other animal known to constitute a serious threat of rabies shall notify the Animal Control Officer immediately thereafter. Physicians treating such bites and other persons having the knowledge of the bites are also required to make that notification.
(B) Reporting of suspected rabid animals. Any person who observes or has knowledge of an animal which shows symptoms of rabies, or which acts in a manner which would lead to a reasonable suspicion that it may have rabies, shall notify the Animal Control Officer and comply with appropriate laws and regulations regarding suspected cases of rabies as directed by the County Health Department. (Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
§ 90.052 RABID ANIMAL; ISOLATION.
Upon the reasonable order of the Animal Control Officer or Public Health Officer, a biting or suspected rabid animal shall be isolated, at the owner’s expense if owned, in strict confinement under proper care and under the observation of the Animal Control Officer or in another adequate facility in a manner approved by the Animal Control Officer or the County Health Department.
(Ord. 2007-3, passed 7-16-2007)
§ 90.053 EUTHANASIA FOR TESTING.
(A) Any biting or suspected rabid animal may be humanely euthanized immediately by the Animal Control Officer or the Department of Health, and such animals undamaged and properly packaged and properly refrigerated head shall be delivered promptly to an approved medical facility having the capability of performing the fluorescent antibody test to demonstrate the presence of rabies.
(B) Division (A) above notwithstanding, if the biting or suspected rabid animal is of the domesticated variety that is owned or obviously could have an owner, that animal shall be confined as set forth in § 90.052 above for a period of 5 days to allow time for an attempt to locate an owner, unless the county veterinarian or other licensed veterinarian reasonably deems it necessary to sacrifice the animal for the purpose of laboratory examination.
(Ord. 2007-3, passed 7-16-2007)
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Animals 10A
ANIMAL CARE AND CONTROL
§ 90.065 CONDITIONS OF OWNERSHIP.
Animal owners and keepers must comply with the following conditions of animal ownership, and the Animal Control Officer may require the owners or keepers, as a condition of licensing, to sign a contract agreeing to comply with such conditions:
(A) Animals shall be restrained or confined as required by law;
(B) Animals shall be humanely treated at all times;
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Animals 11
(C) Vaccinations, licenses and permits shall be obtained as required by law;
(D) Animal premises shall be kept sanitary and shall not constitute a fly breeding reservoir or source of offensive odors or human or animal disease; and
(E) Animals and animal premises shall not be permitted to disturb the peace or constitute a public nuisance or hazard.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
§ 90.066 APPLICABILITY TO NON-RESIDENTS.
The licensing requirements of this chapter shall not be construed to affect persons not residing in the town who temporarily visit the town and own a dog or any other animal; provided that the person shall constantly keep the dog or animal under his or her personal care and not allow the same to run at large. Every non-resident dog must be identifiable.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
§ 90.067 RESTRAINT OF ANIMAL BY OWNER.
Persons owning, keeping or harboring any dog, horse, cow, swine, sheep, goat, mule or donkey or similar animal shall at all times keep the animals on leash or within an enclosed area on their own property or private property of another with permission of the owner thereof, and shall not permit the animal to run at large at any time within the town, to bite or harass any person engaged in a lawful act, to interfere with the use of another person’s private property, or to be in violation of other sections of this chapter.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
§ 90.068 POSSESSION OF VICIOUS OR DANGEROUS ANIMAL.
(A) The possession of a vicious or dangerous animal is unlawful unless it is restrained, confined or muzzled so that it cannot bite or attack any person or animal. Animals held in violation of this section shall be deemed a public nuisance, and their continued possession or ownership shall be unlawful. The Animal Control Officer may impound any such animal and dispose of it in a humane manner, after 3 working days to allow for legal restraining action by the owner. Possession of a hybrid wolf is unlawful within town limits.
(B) Any Animal Control Officer is authorized to kill any dangerous animal of any kind when it is necessary for the protection of any person or property.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
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§ 90.069 DOGS PROHIBITED IN CERTAIN PUBLIC PLACES.
(A) It is unlawful for a person owning, keeping or harboring any dog to permit the same to enter or be in any public school building while school is in session or to enter in any place of worship or any public building without the express written consent or permission of the appropriate authorities or officials. The owner or custodian of a dog must restrain and control the dog at all times when in a public park by securing the dog with a leash.
(B) Service animals, including guide dogs and dogs trained to assist individuals with disabilities, are permitted to enter a public place. It is not discriminatory to exclude a service animal from a public place if 1 or more of the following apply:
(1) The animal poses a direct threat to the health or safety of others;
(2) The animal fundamentally alters the nature of the public place or the goods, services or activities provided; and/or
(3) The animal poses an undue burden.
(C) A service animal handler is liable for any damage done to a public place by the service animal or service animal in training.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
§ 90.070 DISTURBING THE PEACE PROHIBITED.
(A) No person shall own or harbor any animal in such a manner that the peace and quiet of the public is unreasonably disturbed. The peace and quiet of the public may be disturbed, for example, by habitual barking and the like. For the purposes of this section, the term HABITUAL BARKING shall be defined as barking for repeated intervals of at least 5 minutes with less than 1 minute of interruption. The barking must also be audible off of the owner’s or caretaker’s premises.
(B) The written affirmation by 2 persons having separate residences that the violation disturbs the peace and quiet of those persons shall be prima facie evidence of a violation of this section.
(C) The keeping or maintenance, or the permitting to be kept or maintained, on any premised owned, occupied or controlled by any person of any animal or fowl which, by any frequent or long- continued noise, causes unreasonable annoyance or discomfort to any person of normal sensitivity in the vicinity constitutes a violation of this section; provided, however, that nothing contained in this section shall be construed to apply to reasonable noise emanating from legally operated animal hospitals, pounds, farm and/or agricultural facilities or areas where keeping of animals or fowl is permitted.
(D) The destruction by animal of property other than that which belongs to the owner of the animal shall be prima facie evidence of a violation of this section.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
Animals 13
§ 90.071 FEMALE DOGS IN HEAT.
Dog owners shall securely confine their female dogs while in heat, within an enclosure in a manner that will prevent the attraction of male dogs to the immediate vicinity.
(Ord. 2007-3, passed 7-16-2007)
§ 90.072 ABANDONING SICK OR DISABLED ANIMALS.
(A) It is unlawful for any person to abandon or turn out at large, any sick, diseased or disabled animal. These animals shall, when rendered worthless by reason of sickness or disability, be disposed of by owner thereof as provided in § 90.075 below for the disposition of dead animals within the city.
(B) It shall be the duty of the Animal Control Officer of the town to dispose of any animals found running at large within the town which are worthless from sickness, disease or other disability. (Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
§ 90.073 REMOVAL AND DISPOSITION OF DEAD ANIMALS.
(A) It is unlawful for the owner of any animal or fowl that dies or is killed within the town to fail to remove or bury the carcass of the animal within 10 hours after its death.
(B) No horse, cow, ox or other large animal shall be buried within the closely inhabited portion of the town.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
§ 90.074 RENDERING ASSISTANCE TO ANIMALS.
(A) Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop and render such assistance as may be reasonably possible, and shall immediately report the injury or death to the animal’s owner.
(B) In the event the owner cannot be located, the operator shall at once report the accident to the appropriate law enforcement agency.
(Ord. 2007-3, passed 7-16-2007)
14 Colorado City – General Regulations
§ 90.075 EMERGENCY PROCLAMATION.
The Mayor, upon reasonable apprehension of danger from mad or rabid dogs, may issue a proclamation forbidding dogs of every description from running at large, and after the proclamation has been issued 24 hours, any dog found running at large in the city, not securely muzzled, may be destroyed by the Animal Control Officer.
(Ord. 2007-3, passed 7-16-2007)
§ 90.076 LIABILITY FOR AT-LARGE ANIMALS.
(A) It is unlawful for the owner or any person having the charge, care, custody or control of any animal to allow the animal to be at large at any time within the town limits.
(B) The owner or custodian of any animal which is at large shall be strictly liable for a violation of this section, regardless of the precautions taken to prevent the escape of the animal and regardless of the lack of knowledge of the offense at the time it occurs.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
§ 90.077 DOGS ATTACKING PERSONS AND ANIMALS.
(A) It is unlawful for the owner or person having the charge, care, custody or control of any dog to allow the dog to attack, chase or worry any person, domestic animal or any domestic fowl.
(B) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
WORRY as used in this section, means to harass by tearing, biting or shaking with teeth. (Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
§ 90.078 CRUELTY TO ANIMALS.
Any person who, within the town, maliciously kills, maims or wounds any animal which is the property of another, or who maliciously or cruelly beats, tortures or injures or harasses any animal, whether belonging to himself or herself or another, is guilty of a misdemeanor.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
Animals 15
§ 90.079 POISONING ANIMALS.
Any person who willfully, unlawfully and maliciously administers any poison to any animal which is the property of any other, or who maliciously exposes any poisonous substance with intent that the same shall be taken or swallowed by any such animal, is guilty of a misdemeanor.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
§ 90.080 ENCOURAGING ANIMALS TO FIGHT.
It is unlawful for any person within the town to in any manner whatever encourage or urge dogs or any other animals or fowl to fight, or to urge them after they commence to fight.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
§ 90.081 KEEPING WILD ANIMALS AND REPTILES.
Any person possessing any wild animal, reptile or wild fowl, within the town, must adhere to all state regulations, and all the wild animals, reptiles or wild fowl shall be kept under proper confinement on the premises and shall not be allowed to run at large, and shall be maintained on the premises or private property of the owner in such a manner as not to endanger the life or limb of any person lawfully entering the premises.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
§ 90.082 ANIMAL PACKS.
(A) In the event that cats or dogs or other animals shall form into a pack as to cause a nuisance or a possible health hazard, the Police Department shall be notified immediately.
(B) If the problem cannot be otherwise alleviated in a reasonable period of time then the Animal Control Officer may cause to have the pack of animals disposed of or humanely destroyed. (Ord. 2007-3, passed 7-16-2007)
§ 90.083 ANIMAL WASTE.
The owner of every animal shall be responsible for the removal of any excreta deposited by his or her animal or animals on public walks, street, parks, recreation areas and other public areas, or on the private property belonging to another.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
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KENNELS
§ 90.100 DEFINITION; PERMIT REQUIRED.
(A) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
KENNELS. Premises where more than 4 dogs are raised housed or boarded.
(B) No person shall operate or maintain a kennel without first obtaining a permit from the Police Department which includes paying an annual permit fee due by the last day of December each year; and must meet all other requirements of this chapter at all times.
(Ord. 2007-3, passed 7-16-2007) Penalty, see § 90.999
§ 90.101 STANDARDS.
The following minimum standards shall be complied with to obtain and maintain a kennel
permit:
(A) Enclosures must be provided against weather extremes. Floors of buildings and walls shall be of an appropriate material as required for the specific breed of dog and also to permit proper cleaning and disinfecting;
(B) Adequate ventilation shall be maintained and an appropriate temperature provided as required by the specific breed of dog housed therein;
(C) Each animal shall have sufficient space to stand up, lie down and turn around without touching the sides or tops of cages;
(D) Runs shall be provided with an adequate exercise area and protection from the weather;
(E) All animal quarters and runs are to be kept clean, dry and in a sanitary condition;
(F) The food shall be free of contamination, palatable and of sufficient nutritive value as to meet the normal daily requirements for the condition and size of the animal; and
(G) Fresh water is to be available at all times. (Ord. 2007-3, passed 7-16-2007)
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§ 90.102 LOCATION.
Before the permit can be issued, the following conditions concerning the location of the kennel must be met:
(A) It must be 200 feet away from any neighboring house; and
(B) It must be 150 feet from any road or street. (Ord. 2007-3, passed 7-16-2007)
§ 90.103 PERMIT REVOCATION.
The city, acting through the Animal Control Officer, shall have the power to revoke the permit in the event the permit holder is convicted of any other violation of the town’s animal control provisions. (Ord. 2007-3, passed 7-16-2007)
§ 90.104 INSPECTIONS.
The Animal Control Officer shall have the authority to enter the premises of any person to inspect and assure compliance with this chapter.
(Ord. 2007-3, passed 7-16-2007)
FEE SCHEDULE
§ 90.115 ADOPTION OF FEE SCHEDULE.
All fees specified by this chapter, shall be set forth according to the fee schedule approved by resolution of the Town Council. The Town Council may modify the fee schedule by resolution at any time independent of this chapter.
(Ord. 2007-3, passed 7-16-2007)
§ 90.999 PENALTY.
Any person, firm or corporation who fails to comply with, or violates any of these regulations, shall be guilty of a Class 2 misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed $600, or by imprisonment not to exceed 3 months, or by both such fine and imprisonment. Each
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day that a violation continues shall be a separate offense punishable as herein above described. The imposition of any sentence shall not exempt the offender from compliance with the requirements of these regulations and provisions of this chapter.
(Ord. 2007-3, passed 7-16-2007)
CHAPTER 91: HEALTH AND SANITATION
Section
Garbage and Trash Collection
91.01 Definitions
91.02 Restrictions on burning
Preparation of Refuse for Collection
91.15 Preparation of refuse
91.16 Location for pickup
91.17 Lids and covers
91.18 Use of containers
Other Methods of Garbage and Trash Removal
91.30 Hauling refuse
91.31 Vehicles and receptacles to be spill-proof
91.32 Spilled refuse
91.33 Dumping refuse
Maintenance of Property
91.45 Definitions
91.46 Litter on private property
91.47 Owner to maintain premises, including sidewalks
91.48 Procedure to compel
91.49 Notice to comply
91.50 Service of notice
91.51 Appeal to Council
91.52 Work performed by the town
91.53 Lien assessment
91.54 Placement of debris
Public Health
91.65 Nauseous, foul or offensive conditions prohibited
91.66 Offensive water
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91.67 Premises to be kept properly cleaned and drained
91.68 Premises to be sanitary; inspection of premises
91.69 Privy, vault, cesspool or well prohibited
91.70 Conditions under which flies breed prohibited
91.71 Pollution of ditches
91.72 Depositing debris or allowing drainage on public thoroughfares prohibited
91.99 Penalty
GARBAGE AND TRASH COLLECTION
§ 91.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GARBAGE. All putrescible wastes, except sewage and body wastes, including all organic wastes that have been prepared for, or intended to be used as, food or have resulted from the preparation of food, including all such substances from all public and private establishments and residents.
REFUSE. All garbage and trash.
TRASH. All nonputrescible wastes.
(1986 Code, § 9-1-1) (Ord. 2008-02, passed 4-18-2008)
§ 91.02 RESTRICTIONS ON BURNING.
(A) Permit required.
(1) No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on or in any public street, alley, road or other public ground without a permit or other proper authorization.
(2) During construction or demolition of buildings or structures, no waste materials or rubbish shall be disposed of by burning on the premises or in the immediate vicinity without having obtained a permit or other proper authorization. Authorization may be obtained by telephone.
Health and Sanitation 21
(B) Location restricted. No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on any private land, except as provided for by state law, and unless the location is not less than 50 feet from any structure and adequate provision is made to prevent fire from spreading to within 50 feet of any structure, or the fire is contained in an approved waste burner located safely not less than 15 feet from any structure.
(C) Attendance of open fires. Bonfires and rubbish fires shall be constantly attended by a competent person until that fire is extinguished. This person shall have a garden hose connected to the water supply or other fire extinguishing equipment readily available for use.
(D) Chief may prohibit. The Chief of the Fire Department may prohibit any or all bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make those fires hazardous.
(E) Kindling of fire on land of others. No person shall kindle a fire upon the land of another without permission of the owner thereof or the occupant.
(1986 Code, § 9-1-5) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
PREPARATION OF REFUSE FOR COLLECTION
§ 91.15 PREPARATION OF REFUSE.
All refuse shall be prepared for collection or disposed of as follows.
(A) Garbage.
(1) The Sanitation Department shall furnish containers for customers who have made proper application.
(2) The containers shall be kept in good repair and in a sanitary condition.
(3) Containers found to be no longer serviceable through disrepair or maintained in an unsanitary condition may be condemned by the town for further use.
(4) Receptacles may be removed and destroyed by the town.
(B) Trash.
(1) Trash shall be placed in approved containers set out for collection.
(2) The weight of a loaded container shall not exceed 160 pounds.
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(C) Appliances and vehicles. The customer shall remove or cause to be removed all appliances, vehicles or equipment classed as refuse from their premises or the public right-of-way.
(D) Building materials.
(1) All owners, contractors and builders of structures shall, upon completion of any structure, gather up and haul away, at their sole cost and expense, all refuse of every nature, description or kind, which has resulted from the building of the structure, including all lumber scraps, shingles, plaster, brick, stone, concrete and other building material, and shall place the lot and all nearby premises utilized in the construction in a sightly condition.
(2) Residential customers may dispose of small amounts of building materials from time to time in an approved container as described above which containsno concrete, masonry or soil. Customers may utilize Sanitation Department services, including dumpsters.
(E) By-products. Any commercial or manufacturing establishment which by the nature of its operations creates an unusual amount of by-product refuse may be required by the town to dispose of its own wastes if the Sanitation Department cannot effectively service the connection.
(F) Dangerous waste. Dangerous wastes shall be placed in a proper container, plainly marked “DANGER”. The town reserves the right to deny service for certain dangerous wastes and to require the customer to properly dispose of it by other means.
(G) Soil and concrete. Waste, soil, concrete, masonry blocks, sod and rocks shall be disposed of by the owner, tenant or occupant of the premises.
(1986 Code, § 9-2-1) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
§ 91.16 LOCATION FOR PICKUP.
(A) All refuse containers prepared for collection shall be placed at the front of the lot and in an easily accessible manner along the street curb. Dumpsters shall be located in an area designed to minimize traffic hazards, unsightly conditions or odors. All containers and dumpsters shall be so located as to not block an alley, sidewalk or gutter, or otherwise be a hazard to pedestrian or vehicular traffic.
(B) Containers may be set out after 6:00 p.m. of the day preceding regular collection and shall be removed from the curb by 6:00 a.m. of the day after collection.
(1986 Code, § 9-2-2) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
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§ 91.17 LIDS AND COVERS.
The lids or covers of all containers shall at all times be kept secure so that flies, other insects and animals may not have access to the contents and shall only be removed while the containers and receptacles are being filled, emptied or cleaned.
(1986 Code, § 9-2-3) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
§ 91.18 USE OF CONTAINERS.
It is unlawful for any person to deposit, or cause to be deposited, any refuse in any container that he does not own or is not entitled to use as a tenant.
(1986 Code, § 9-2-4) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
OTHER METHODS OF GARBAGE AND TRASH REMOVAL
§ 91.30 HAULING REFUSE.
It is unlawful for any person to haul or cause to be hauled any refuse on or along any public street, avenue or alley in the town in violation of any of the provisions of this chapter.
(1986 Code, § 9-3-1) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
§ 91.31 VEHICLES AND RECEPTACLES TO BE SPILL-PROOF.
It is unlawful for any person to haul or cause to be hauled on or along any public street in the town any garbage, unless the garbage is contained in strong, watertight vehicles or vehicles with watertight receptacles, constructed to prevent any such garbage from falling, leaking or spilling and any odor from escaping.
(1986 Code, § 9-3-2) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
§ 91.32 SPILLED REFUSE.
Any person hauling any refuse along the streets of the town shall immediately replace in the conveyance used for such hauling any refuse which may fall upon any street.
(1986 Code, § 9-3-3) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
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§ 91.33 DUMPING REFUSE.
It is unlawful for any person to place or cause to be placed any refuse upon any public or private property within the town, except as specifically permitted in this chapter.
(1986 Code, § 9-3-4) (Ord. 2008-02, passed 4-18-2008) Penalty, see §91.99
MAINTENANCE OF PROPERTY
§ 91.45 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LITTER. Any rubbish, trash, weeds, filth or debris which shall constitute a hazard to public health and safety and shall include all putrescible and nonputrescible solid wastes including garbage, trash, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial waste; any deposit, accumulation, pile or heap of brush, grass, debris, weeds, cans, cloth, paper, wood, rubbish or other unsightly or unsanitary matter of any kind whatsoever; and any growth of weeds, brush, grass or other unintended vegetable growth to a height of over 24 inches.
PRIVATE PREMISES. Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps or vestibules belonging or appurtenant to the dwelling, house, building or other structures.
PUBLIC PLACE. Any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings.
(A.R.S. § 9-499) (1986 Code, § 9-4-1) (Ord. 2008-02, passed 4-18-2008)
§ 91.46 LITTER ON PRIVATE PROPERTY.
No person shall throw or deposit litter on any occupied or unoccupied private property within the town, whether owned by that person or not, except that the owner or person in control of private property may maintain authorized private receptacles for refuse in such a manner that litter will be prevented from being carried or deposited by the elements upon any public place.
(1986 Code, § 9-4-2) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
Health and Sanitation 25
§ 91.47 OWNER TO MAINTAIN PREMISES, INCLUDING SIDEWALKS.
(A) The owner or person in control of any private property shall at all times maintain the premises free of litter; provided that this section shall not prohibit the storage of litter in suitable containers.
(B) Any owner or any person in control of any private property, hereafter referred to as “owner”, shall maintain the same, including abutting public ways, up to the curb of the streets where the sidewalk and curbs are present, in a non-dangerous condition, and shall owe this duty to the public.
(C) This responsibility includes areas that are public or private property. The owner shall be charged with the responsibility to keep the sidewalk in a good state of repair and free from defects, debris, trash and pedestrian obstructions. The term SIDEWALK shall apply to driveway approach. If the damage is caused by the town, such as a town tree root lifting the sidewalk, the town shall be responsible for paying for the cost of the repair. The owner shall remove snow from the sidewalk within 24 hours of the end of a continuous period of snowfall.
(D) On any claim presented for bodily injury or property damage on the sidewalk, due to negligent maintenance, the adjoining or abutting property owner shall be held liable in tort for such damages to another, unless the hazard was created by the town.
(1986 Code, § 9-4-3) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
§ 91.48 PROCEDURE TO COMPEL.
The Marshal shall enforce the provisions of §§ 91.46 and 91.47 above by prosecuting violators of those sections in the Magistrate’s Court pursuant to the criminal provisions of this code. If the prosecution fails to secure compliance with the provisions of those sections, or in the event of inability to prosecute violators by reason of failure to secure jurisdiction over their persons, the Marshal shall compel the removal of litter or maintenance by the procedure outlined in §§ 91.49 through 91.53 below.
(1986 Code, § 9-4-4) (Ord. 2008-02, passed 4-18-2008)
§ 91.49 NOTICE TO COMPLY.
(A) To compel the removal of litter or maintenance through the provisions of this section and of
§§ 91.50 through 91.53 below, if a person owning or controlling any property fails, neglects or refuses to remove or properly dispose of litter, located on property owned or controlled by such person, he or she shall be given written notice by the Marshal to remove all litter or cut the weeds from the property within 30 days from the date the notice was received by him or her, and prior to the date of compliance on the notice.
(B) The notice shall be received not less than 30 days before the date set thereon for compliance, and shall contain an estimate of the cost of removal by the town, a statement that unless the person owning or controlling the property complies therewith within 30 days from the date the written notice is received that the town will, at the expense of the person owning or controlling the property, perform
26 Colorado City – General Regulations
the necessary work at a cost not to exceed the estimate given in the notice, and that such person may appeal in writing to the Council within 30 days from the date the notice is received by him or her and prior to the date of compliance.
(1986 Code, § 9-4-5) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
§ 91.50 SERVICE OF NOTICE.
Notice shall be personally served on the owner or person controlling the property by an officer of the town in the manner provided in Rule 4(d) of the Arizona Rules of Civil Procedure, being A.R.S. § 12-2406, or mailed to the owner or person controlling the property at his or her last known address by certified or registered mail.
(1986 Code, § 9-4-6) (Ord. 2008-02, passed 4-18-2008)
§ 91.51 APPEAL TO COUNCIL.
(A) Prior to the date set for compliance on the notice, the owner or person controlling the property may appeal in writing to the Council.
(B) The Council shall, at its next regular meeting after receiving the appeal, hear and determine the same and the decision of the Council shall be final.
(C) The Council may either affirm or reverse the decision of the Marshal or modify the scope of the work as required in the notice.
(1986 Code, § 9-4-7) (Ord. 2008-02, passed 4-18-2008)
§ 91.52 WORK PERFORMED BY THE TOWN.
(A) When any such person to whom notice, as aforesaid, has been given, and on or before the date of compliance on the notice, or within such further time as may have been granted by the Council on appeal, fails, neglects or refuses to comply, the Marshal is authorized and directed to cause same to be performedat the expense of the owner or person controlling the property.
(B) Upon completion of the work, the Marshal shall prepare a verified statement of account of the actual cost of the removal or abatement, the date the work was completed, and the street address and the legal description of the property on which the work was done, including 10% for additional inspection and other incidental costs in connection therewith, and shall serve a duplicate copy of the verified statement upon the person owning or controlling the property in the manner prescribed in § 91.50.
(C) The owner or person controlling the property shall have 30 days from the date of service upon him or her to appeal in writing to the Council from the amount of the assessment as contained in the verified statement. If an appeal is not filed with the Marshal within that 30-day period, then the amount of the assessment as determined by the Marshal shall become final and binding. If an appeal is taken,
Health and Sanitation 27
the Council shall, at its next regular meeting, hear and determine the appeal and may affirm the amount of the assessment, modify the amount thereof, or determine that no assessment at all shall be made.
The decision of the Council shall be final and binding on all persons. (1986 Code, § 9-4-8) (Ord. 2008-02, passed 4-18-2008)
§ 91.53 LIEN ASSESSMENT.
(A) If no appeal is taken from the amount of the assessment, or if an appeal is taken and the Council has affirmed or modified the amount of the assessment, the original assessment or the assessment as so modified shall be recorded in the office of the County Recorder and, from the date of its recording, shall be a lien on the lot or tract of land until paid. Such liens shall be subject and inferior to the lien for general taxes and to all prior recorded mortgage and encumbrances of record.
(B) A sale of the property to satisfy a lien obtained under the provisions of this section shall be made upon judgment of foreclosure or order of sale. The town shall have the right to bring an action to enforce the lien in the Superior Court at any time after the recording of the assessment, but failure to enforce the lien by such action shall not affect its validity. The recorded assessment shall be prima facie evidence of the truth of all matters recited therein and of the regularity of all proceedings prior to the recording thereof.
(C) A prior assessment for the purposes provided in this section shall not be a bar to a subsequent assessment or assessments for such purposes, and any number of liens on the same lot or tract of land may be enforced in the same action.
(1986 Code, § 9-4-9) (Ord. 2008-02, passed 4-18-2008)
§ 91.54 PLACEMENT OF DEBRIS.
Any person, firm or corporation who shall place any rubbish, trash, filth or debris upon any private or public property not owned or under the control of that person, firm or corporation, except in authorized private receptacles as defined in § 91.46, shall be guilty of a misdemeanor and, in addition to any fine which may be imposed for a violation of any provision of this section, shall be liable for all costs which may be assessed pursuant to this subchapter for the removal of the rubbish, trash, filth or debris.
(1986 Code, § 9-4-10) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
28 Colorado City – General Regulations
PUBLIC HEALTH
§ 91.65 NAUSEOUS, FOUL OR OFFENSIVE CONDITIONS PROHIBITED.
No person shall suffer or permit any premises, owned, leased, occupied, controlled or managed by him or her, or any cellar, privy, vault, pool, cesspool, water closet, sewer or private ditch or drain therein or thereupon, to become nauseous, foul or offensive to the senses or prejudicial to the public health or comfort.
(1986 Code, § 9-5-1) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
§ 91.66 OFFENSIVE WATER.
No filthy or offensive water shall at any time be poured, thrown, sprinkled or put in or upon any street, ditch, land, court, square, alley, vacant lot or public place within the town.
(1986 Code, § 9-5-2) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
§ 91.67 PREMISES TO BE KEPT PROPERLY CLEANED AND DRAINED.
It is unlawful for any person owning, conducting, operating or managing any business place, stand, building, establishment, machinery or equipment to fail to keep the same, with the premises whereon the same is located, properly cleaned and drained.
(1986 Code, § 9-5-3) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
§ 91.68 PREMISES TO BE SANITARY; INSPECTION OF PREMISES.
The premises upon which fowl, rodents, cattle, horses, mules, sheep or goats are kept shall always be sanitary and subject to inspection and regulation by the Health Officer or Animal Control Officer.
(1986 Code, § 9-5-4) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 10.99
Statutory reference:
Similar provisions, see A.R.S. § 9-240B(20), (21) and (22)
§ 91.69 PRIVY, VAULT, CESSPOOL OR WELL PROHIBITED.
No open privy, vault, cesspool or well shall be installed or maintained within the corporate limits of the town.
(1986 Code, § 9-5-5) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
Health and Sanitation 29
§ 91.70 CONDITIONS UNDER WHICH FLIES BREED PROHIBITED.
No owner, tenant or occupant of any premises within the town shall suffer, permit or have upon the premises any cesspool, vault, pit or the like place; or animal manure, garbage, trash, litter, rags or any other thing in which flies may breed or multiply, unless the same shall be protected as to prevent the attraction, breeding and multiplying of flies.
(1986 Code, § 9-5-6) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
§ 91.71 POLLUTION OF DITCHES.
No person shall pollute, suffer or cause to be polluted any ditches within the town by bathing, washing, washing clothing or any animal in or about the same; or throwing or depositing therein any filthy matter or anything injurious to the health or offensive to the senses or by running into the same any sewerage matter, slops, brewery, bathhouse or kitchen wastes.
(1986 Code, § 9-5-7) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
§ 91.72 DEPOSITING DEBRIS OR ALLOWING DRAINAGE ON PUBLIC THOROUGHFARES PROHIBITED.
No person shall deposit in or upon or permit to drain into, any street, alley or public place of the town from any premises owned or occupied by such person, any refuse, slop, filth, garbage or debris of any kind or nature or any matter or thing which is offensive to sight or smell or is derogatory to health, except at such times and places, and under such regulations as may be made by the Council.
(1986 Code, § 9-5-8) (Ord. 2008-02, passed 4-18-2008) Penalty, see § 91.99
§ 91.99 PENALTY.
Any person, firm or corporation who fails to comply with, or violates any section within this chapter, shall be guilty of a class one misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $1,000 or by imprisonment not to exceed 6 months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as herein above described. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter.
(Ord. 2008-02, passed 4-18-2008)
30 Colorado City – General Regulations
CHAPTER 92: PARKS AND RECREATION
Section
92.01 Presence in parks
92.02 Riding vehicles on grounds
92.03 Damaging, tampering with or improper use of facilities
92.04 Loud noises
92.05 Animals in parks
92.06 Intoxicating beverages
92.07 Camping
92.08 Use of parks
92.09 Garbage and trash
92.10 Glass bottles or containers
92.11 Trees, shrubbery and lawns
92.12 Park supervision
92.13 Additional rules and regulations
§ 92.01 PRESENCE IN PARKS.
(A) It is unlawful for any person to be upon or remain upon any Colorado City municipal park, ball field or golf course between 10:00 p.m. and dawn of each day.
(B) Any authorized town employee or such other person as authorized in writing by the Chief of Police shall be excepted from division (A) above.
(1986 Code, § 11-1-1) Penalty, see § 10.99
§ 92.02 RIDING VEHICLES ON GROUNDS.
No person shall at any time drive or ride on any automobile, truck, motorcycle, motor scooter or other motor vehicle upon the grounds of any municipal park, playground, ball field or golf course, except in public streets running through the premises or within designated parking areas located upon the premises, without the permission of the Town Marshal or such other person as the Council may designate.
(1986 Code, § 11-1-2) Penalty, see § 10.99
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§ 92.03 DAMAGING, TAMPERING WITH OR IMPROPER USE OF FACILITIES.
(A) It is unlawful for any person to damage or improperly use the toilets, or water and sewer facilities in any municipal park, playground, ball park or golf course.
(B) It is unlawful for any person to cause the lighting facilities to be turned on during other than normal hours, without the consent of that person as the Town Council may designate.
(A.R.S. § 9-494) (1986 Code, § 11-1-3) Penalty, see § 10.99
§ 92.04 LOUD NOISES.
No person shall play any radio, tape player, hand or musical instrument, television, phonograph, tape recorder or other device capable of reproducing sound at such a high volume so as to disturb the peace and quiet of another. There shall be no loud or band music or excessive noise beyond 10:00 p.m. without the express consent of that person as the Town Council may designate.
(1986 Code, § 11-1-4) Penalty, see § 10.99
§ 92.05 ANIMALS IN PARKS.
No animals shall be allowed in Colorado City parks, golf course, playgrounds or ball fields, unless those animals are leashed or in direct control of the owner.
(1986 Code, § 11-1-5) Penalty, see § 10.99
§ 92.06 INTOXICATING BEVERAGES.
It shall be unlawful for any person to consume any spirituous liquor of any kind in the Colorado City playgrounds, ball fields or parks.
(1986 Code, § 11-1-6) Penalty, see § 10.99
§ 92.07 CAMPING.
No person shall sleep or camp overnight in any town park or its adjacent streets, except by permission of the Town Marshal or other person designated by the Town Council.
(1986 Code, § 11-1-7) Penalty, see § 10.99
§ 92.08 USE OF PARKS.
Any individual or group who wishes to use parks in a manner contrary to this chapter must obtain a park-use permit from the person designated by the Town Council.
(1986 Code, § 11-1-8)
Parks and Recreation 33
§ 92.09 GARBAGE AND TRASH.
No person shall dump, spill, deposit, place, throw or leave refuse, rubbish, filthy or odor-causing objects, substances or other trash in the parks, playgrounds, ball fields, golf course or any other town owned or operated recreation area. No trash except that associated with picnic activity at the park or recreation area shall be deposited in the trash receptacles provided by the town at those locations. (1986 Code, § 11-1-9) Penalty, see § 10.99
§ 92.10 GLASS BOTTLES OR CONTAINERS.
No person shall bring glass bottles or containers into or on the premises of the parks, playgrounds, ball fields, golf course or any other town operated recreation area.
(1986 Code, § 11-1-10) Penalty, see § 10.99
§ 92.11 TREES, SHRUBBERY AND LAWNS.
(A) No person shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant, nor shall any person attach any rope, wire or other contrivance to any tree or plant without the express written permission of the director.
(B) No person shall dig or remove any sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency without the express written permission of the director. (1986 Code, § 11-1-11) Penalty, see § 10.99
§ 92.12 PARK SUPERVISION.
The town shall supervise all parks, park scheduling and park maintenance. Parks may be reserved in advance for use by an approved group or event. Any construction, alterations, additions or repairs to the parks affected by anyone other than the town shall require written advance permission and comply with all specifications imposed by the town or its designated agent for such purposes. Smoking is prohibited in town parks.
(1986 Code, § 11-1-12)
§ 92.13 ADDITIONAL RULES AND REGULATIONS.
The Town Council may adopt additional rules and regulations from time to time as it deem reasonably necessary for the safety and efficient use by the public of the parks.
(1986 Code, § 11-1-13)
34 Colorado City – General Regulations
TITLE XI: BUSINESS REGULATIONS
Chapter
1
2 Colorado City – Business Regulations
CHAPTER 110: GENERAL LICENSES
Section
110.01 Purpose and scope
110.02 License required
110.03 Issuance of license
110.04 License approval
110.05 Business license fee
110.06 Posting of license
110.07 Enforcement authority
110.08 Transfer of license
110.09 Exemptions
110.10 Notice of termination of business required
110.11 Restrictions; suspension; revocation
110.12 Appeal from denial; restrictions, suspension or revocation of license; notice and hearing
110.99 Penalty
§ 110.01 PURPOSE AND SCOPE.
(A) The purpose of this chapter is both regulatory and revenue raising.
(B) The regulations are for the protection of the health, safety and welfare of the residents, business owners and visitors of the Town of Colorado City. Regulations found in other chapters of this code, which pertain to specific types of business, shall be in addition to those found within this chapter. The revenue raising procedures are defined in Chapter 111.
(1986 Code, § 8-1-1)
§ 110.02 LICENSE REQUIRED.
(A) It is unlawful for any person to carry on any business, game or amusement, calling, profession or occupation without having first procured a business license from the Town of Colorado City. Applicant/licensee must comply with any and all regulations of the business, game or amusement, calling, profession or occupation, as well as all provisions of this code. Applicant/licensee must also comply with all town ordinances, county ordinances and state laws affecting the health, safety and welfare of the public in the town.
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4 Colorado City – Business Regulations
(B) A separate license shall be required for each separate business, game or amusement, calling profession or occupation. Only 1 license is required for each business, game or amusement, calling, profession or occupation if operated at more than 1 location. Each location shall have a copy of the license issued to the business prominently displayed as required by this chapter. Each license shall authorize the person obtaining the license to carry on, pursue or conduct that business, game or amusement, calling, profession or occupation described in the license, and only at the locations which are indicated.
(1986 Code, § 8-1-2) Penalty, see § 110.99
§ 110.03 ISSUANCE OF LICENSE.
(A) It shall be the duty of the Town Clerk to prepare and to issue licenses under this chapter for every person, firm, company or corporation required to procure such license hereunder, and to state in each license the fee thereof, the period of time covered, the name of the person, firm or corporation for whom issued, the business, game or amusement, calling, profession or occupation licensed, and the location or place of business where the business, game or amusement, calling, profession or occupation is to be carried on.
(B) Application for a business license shall be made on forms furnished by the Town Clerk. Every application shall be accompanied by an application fee, as provided hereinafter. The Office of the Town Clerk shall be responsible for the acceptance and processing of all applications.
(1986 Code, § 8-1-3)
§ 110.04 LICENSE APPROVAL.
(A) The following department heads must approve the business license application before issuance:
(1) Zoning and Building;
(2) Fire; and
(3) Police.
(B) The Town Clerk may place restrictions upon the issuance of the business license as requested by the department heads. These restrictions shall be for the purpose of protecting the health, safety and welfare of the public.
(1986 Code, § 8-1-4)
General Licenses 5
§ 110.05 BUSINESS LICENSE FEE.
(A) All business license fees shall be paid at the office of the Town Clerk or in such a manner as may be specified by the Town Clerk. The licenses shall expire on December 31 of each year. License renewal fees shall be paid before expiration of the previous license. The Town Clerk may require re- application before renewal, if the Town Clerk determines that there has been a substantial change in the business.
(B) A flat rate of $28 per business is hereby established as the business license annual fee and will be payable to the Town Clerk before the business license expiration date of December 31 each year, and that new licenses will be prorated on a quarterly basis. That the business license applications will be considered delinquent after February 1 of each year and will be subject to a late charge of $10 as established in this chapter and Chapter 111.
(1986 Code, § 8-1-4) (Res. 89-16, passed – -)
§ 110.06 POSTING OF LICENSE.
(A) Every person, firm, company or corporation having a license under the provisions of this chapter, and carrying on a business, game or amusement, calling, profession or occupation at a fixed place of business shall keep the license posted and exhibited, while in force, in some conspicuous part of the place of business.
(B) Every person having such a license and not having a fixed place of business shall carry such license with him or her at all times while carrying on that business, game or amusement, calling, profession or occupation for which the license was issued.
(C) Every person, firm, company or corporation having a license under the provisions of this chapter shall produce and exhibit the same, whenever requested to do so by the Town Clerk, any police officer of the town or any department head or authorized representative of the department head, who is required to approve the issuance of the license.
(1986 Code, § 8-1-5) Penalty, see § 110.99
§ 110.07 ENFORCEMENT AUTHORITY.
(A) All police officers of the town shall have and exercise the power to make arrests and to cause complaints to be filed against any person violating the provisions of this chapter. In addition, the Town Clerk also shall have to the power to cause complaints to be filed against such persons.
(B) All town police officers, department heads and their authorized representatives of those departments whose approval is required for issuance of the license shall have the power to enter free of charge at any reasonable time any place of business for which a license is required by this chapter. That person shall have the right to inspect for compliance with the regulations regarding the particular license,
6 Colorado City – Business Regulations
and to demand the exhibition of the license for the current term from any person engaged or employed in the transaction of any such business. If any such person shall then and there fail to exhibit that license, that person shall be in violation of this code.
(1986 Code, § 8-1-6) Penalty, see § 110.99
§ 110.08 TRANSFER OF LICENSE.
(A) No license granted or issued under any of the provisions of this chapter shall be in any manner assignable or transferable to anyone other than is therein mentioned or named to do business.
(B) No business license shall authorize any other business than is therein mentioned or named to be done or transacted, or at any place other than is therein mentioned or named, without first obtaining permission for the Council upon application to the Town Clerk.
(1986 Code, § 8-1-7)
§ 110.09 EXEMPTIONS.
No business license shall be required for the following:
(A) The practice, transaction or carrying on of any business, game or amusement, calling or occupation which is solely engaged in delivery, but is not based in the town;
(B) Hospitals, whether or not operated for profit;
(C) Physicians, surgeons or nurses not engaged in private practice;
(D) Sellers of agricultural produce grown within the town by the seller; or
(E) Religious, charitable or other non-profit organizations, institutions or associations. (1986 Code, § 8-1-8)
§ 110.10 NOTICE OF TERMINATION OF BUSINESS REQUIRED.
Every licensee shall notify the Town Clerk in writing of the termination of his or her business, game or amusement, calling, profession or occupation, either before the termination date or within 10 days thereafter.
(1986 Code, § 8-1-9)
General Licenses 7
§ 110.11 RESTRICTIONS; SUSPENSION; REVOCATION.
Licenses issued under the provisions of this chapter may be restricted, suspended or revoked by the town clerk, after notice and an opportunity for a hearing, for any of the following causes:
(A) Fraud, misrepresentation or false statement contained in the application for license;
(B) Fraud, misrepresentation or false statement made in the course of carrying on the business;
(C) Any violation of this chapter;
(D) Conviction of any crime or misdemeanor involving moral turpitude; or
(E) Conducting business in violation of any town ordinance, county ordinance or state law relating to the public health, safety and welfare.
(1986 Code, § 8-1-10)
§ 110.12 APPEAL FROM DENIAL; RESTRICTIONS, SUSPENSION OR REVOCATION OF LICENSE; NOTICE AND HEARING.
(A) Notice of the hearing for restrictions, suspension or revocation of a license shall be given in writing, by the Town Clerk, setting forth specifically the grounds for the restrictions, suspension or revocation and the time and place of the hearing. The notice shall be mailed to the licensee at the address listed on the business license application at least 10 days prior to the date set for the hearing. The mailing of the notice shall constitute proper notice to the licensee.
(B) Any person aggrieved by the denial of an application for license or by the restrictions placed upon the license or by the suspension or revocation of the license shall have the right of appeal to the Council. The appeal shall be taken by filing with the Town Clerk, within 14 days after the denial, restriction, suspension or revocation, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and a place for hearing of the appeal, and notice of the hearing shall be given to the appellant in the same manner as provided for notice of a hearing on suspension or revocation. The decision and order of the Council on the appeal shall be final.
(1986 Code, § 8-1-11)
§ 110.99 PENALTY.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be punished according to § 10.99. Each day or part thereof that an activity is carried on in violation of this chapter shall be a separate violation.
(1986 Code, § 8-1-12)
8 Colorado City – Business Regulations
CHAPTER 111: PEDDLERS
Section
111.01 License required
111.02 Applications
111.03 Fee
111.04 Permission required for selling on streets or sidewalks
111.05 Signs to be observed
111.06 Newspaper delivery persons exempt
111.07 Issuance of registration cards
§ 111.01 LICENSE REQUIRED.
It is unlawful for any person, firm or corporation to engage in the business of hawker or peddler of any merchandise, article or thing without having first secured a license therefor.
(1986 Code, § 8-2-1) Penalty, see § 10.99
§ 111.02 APPLICATIONS.
(A) Applications for such licenses shall be made to the Clerk and shall state thereon the description and number of vehicles, if any, intended to be operated, the kind of merchandise to be peddled and the permanent address of the peddler, and any other information required.
(1986 Code, § 8-2-2)
(B) Applications shall also include the business and cell phone numbers of the applicant, as well as the names of all persons accompanying or assisting the applicant. The Police Department shall check the validity of the registration of the vehicles.
§ 111.03 FEE.
(A) A flat rate of $20 is hereby established as the peddlers license fee, payable the Town Clerk before any such business is conducted within the town, and that this fee will be assessed on an occurrence basis, valid for 2 days from the time of issuance.
(1986 Code, § 8-2-3) (Res. 89-16, passed – -)
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10 Colorado City – Business Regulations
§ 111.04 PERMISSION REQUIRED FOR SELLING ON STREETS OR SIDEWALKS.
It is unlawful for any person to erect or maintain any booth, stand or counter on any sidewalk in the town for the purpose of barter, sale or trade, or keep or maintain upon the streets or alleys any wagon, cart, wheel, vehicle, movable booth or stand for the purpose of barter or trade without obtaining permission of the Council.
(1986 Code, § 8-2-4) Penalty, see § 10.99
§ 111.05 SIGNS TO BE OBSERVED.
It is unlawful for any peddler, solicitor or canvasser in the course of his or her business to ring the doorbell or knock at any building whereon a sign bearing the words “no peddlers, solicitors or canvassers,” “no trespassing,” “private property,” “keep out” or similar signs are exposed to public view.
(1986 Code, § 8-2-5) Penalty, see § 10.99
§ 111.06 NEWSPAPER DELIVERY PERSONS EXEMPT.
Newspaper delivery persons are exempt from the provisions of this chapter for the sale of newspaper subscriptions.
(1986 Code, § 8-2-6)
§ 111.07 ISSUANCE OF REGISTRATION CARDS.
Registration cards shall be given without charge to all applicants who have complied with § 111.02 above, unless the Chief of Police discovers that any such applicant is deemed not to be a proper person to be permitted to go from house to house because of any of the following reasons:
(A) He or she has a criminal record;
(B) He or she is associated with a company that has engaged in fraudulent dealings; or
(C) The proposed sales proposition includes some element of trickery, fraud or deceit, in which case, in the interest of public safety and protection, the applicant shall not be registered.
(1986 Code, § 8-2-7)
Chapter
TITLE XIII: GENERAL OFFENSES
130.OFFENSES
1
2 Colorado City – General Offenses
Section
General Provisions
CHAPTER 130: OFFENSES
|
130.01 |
Dangerous constructions |
|
130.02 |
Damage to property |
|
130.03 |
Deposits of injurious material on thoroughfares |
|
130.04 |
Excavations to be covered |
|
130.05 |
Explosives |
|
130.06 |
False or misleading reports to police |
|
130.07 |
Nuisance |
|
130.08 |
Liquor violations |
|
130.09 |
Littering |
|
130.10 |
Loitering |
130.25 Minors
130.26 Noise
130.27 Obstruction of streets
130.28 Obstruction of view
130.29 Offensive business
130.30 Offensive premises
130.31 Prostitution
Specific Provisions
130.32 Prohibited use of public right-of-way
130.33 Weapons
130.34 Wrecking or storage yard
130.35 Signs and banners
130.36 Spitting
130.37 Water flow upon streets prohibited
130.38 Disorderly conduct
3
4 Colorado City – General Offenses
GENERAL PROVISIONS
§ 130.01 DANGEROUS CONSTRUCTIONS.
It is unlawful for any person to maintain or allow any signs, billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety.
(1986 Code, § 10-1-1) Penalty, see § 10.99
§ 130.02 DAMAGE TO PROPERTY.
(A) It is unlawful for any person to damage in any manner or attempt to damage or tamper with any pipe lanes, water hydrants, street signs, street lamps or lights, or the fixtures and appliances thereunto belonging upon any of the poles or other objects for use in connection with the lighting of the streets of the town or any water pipes, hydrants or any appliances pertaining to the water or sewer works, or any other property of any and every character belonging to the town.
(B) It is unlawful for any person to deface, walk, ride or drive upon or over any sidewalk or street crossing composed of or containing cement, during the construction thereof, or before the same is thrown open to public use.
(C) It is unlawful for any person, firm or corporation to damage in any manner any road, street or bridge in the town limits by using the same, by heavy destruction or by any act that will result in damage to any such road, street or bridge.
(D) It is unlawful to break or destroy any window, door or part of any dwelling owned or occupied by another or to break or sever from any premises owned or occupied by another any gate, fence, railing, tree, brush or vine or any property whatsoever, or to deface, mutilate or injure the same. (A.R.S. § 9-240B) (1986 Code, § 10-1-2) Penalty, see § 10.99
§ 130.03 DEPOSITS OF INJURIOUS MATERIAL ON THOROUGHFARES.
It is unlawful for any person, either willfully and maliciously carelessly and negligently to drop, throw, place or scatter upon any street, alley, sidewalk or public place in the town any nails, tacks, broken glass, glass bottles or any instrument or thing whatsoever of such nature as to be capable of injuring persons or property.
(1986 Code, § 10-1-3) Penalty, see § 10.99
Offenses 5
§ 130.04 EXCAVATIONS TO BE COVERED.
(A) It is unlawful for any person to make any excavation or dig any hole, drain or ditch in any highway or thoroughfare in the town without providing a sufficient light at night and a temporary fence or suitable obstruction around or in front of the excavation during the day.
(B) It is unlawful for any person to maintain a well, cellar, pit or other excavation of more than 2 feet in depth on any unenclosed lot, without substantial curbing, covering or protection.
(1986 Code, § 10-1-4) Penalty, see § 10.99
§ 130.05 EXPLOSIVES.
It is unlawful for any person within the limits of the town to blast or use powder, fireworks or other explosives without a permit from the Chief of Police in writing. The Chief of Police may accept a Fire Department permit for fireworks.
(1986 Code, § 10-1-5) Penalty, see § 10.99
§ 130.06 FALSE OR MISLEADING REPORTS TO POLICE.
It is unlawful for any person willfully to make to the Police Department of the town any false, fraudulent, misleading or unfounded report or statement, or willfully to misrepresent any fact for the purpose of interfering with the operation of the Police Department or with the intention of misleading any police officer.
(1986 Code, § 10-1-6) Penalty, see § 10.99
§ 130.07 NUISANCE.
(A) Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any person, or which unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, alley, sidewalk, street or highway, is a public nuisance, and is no less a nuisance because the extent of the annoyance or damage inflicted is unequal.
(B) It is unlawful for any person to maintain or commit a public nuisance, or to willfully omit to perform any legal duty relating to the removal of a public nuisance.
(C) A public nuisance may be abated by order of the Town Magistrate.
6 Colorado City – General Offenses
(D) (1) A public nuisance is a crime against the order and economy of the state and consists in unlawfully doing any act or omitting to perform any duty, which act or omission either:
(a) Annoys, injures or endangers the comforts, health or safety of 3 or more persons;
(b) Offends public decency;
(c) Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any lake, stream canal or basin, or any public park, square, highway, bridge or trail; or
(d) In any way renders 3 or more persona insecure in life or the use of property.
(2) An act which affects 3 or more persons in any of the ways specified in this section is still a nuisance regardless of the extent of annoyance or damage inflicted on individuals in unequal.
(1986 Code, § 10-1-7) Penalty, see § 10.99
§ 130.08 LIQUOR VIOLATIONS.
(A) It is unlawful for any person to consume or have in his or her possession spirituous liquor from a broken package in a public place, thoroughfare or gathering.
(B) It shall be unlawful for anyone to be under the influence of liquor in any public place in this town.
(C) For purposes of this section, BROKEN PACKAGE means any container of spirituous liquor on which the United States tax seal has been broken or removed, or from which the cap, cork or seal placed thereupon by the manufacturer has been removed.
(1986 Code, § 10-1-8) Penalty, see § 10.99
§ 130.09 LITTERING.
It is unlawful for any person to throw or deposit any litter in or upon any street, alley, public grounds, school grounds or church grounds.
(1986 Code, § 10-1-9) Penalty, see § 10.99
§ 130.10 LOITERING.
(A) It is unlawful for any person, other than the owner, manager or his or her authorized representative, to interfere individually or collectively with free enjoyment of the property by the owners thereof; or interfere with the conduct of any lawful business by obstructing entrance to the business or by obstructing free passage of persons or merchandise or commodities within the place of business, or by obstructing service rendered by the business to its customers.
Offenses 7
(B) A person is guilty of loitering if he or she appears at a place or at a time under circumstances that warrant alarm for the safety of persons or property in the vicinity and upon inquiry by a law enforcement official, he or she fails to give a reasonably credible account of his or her identity, conduct or purposes.
(C) No person shall be convicted under this section if the explanation he or she gave of his or her conduct and purposes was true and if believed by the law enforcement official at the time, would have dispelled the alarm.
(1986 Code, § 10-1-10) Penalty, see § 10.99
SPECIFIC PROVISIONS
§ 130.25 MINORS.
(A) It is unlawful for any person under 18 years of age to idle or loiter upon the streets or public places of the town between the hours of 10:00 p.m. and 5:00 a.m. unless that person is accompanied by a parent, guardian or some person of lawful age having legal custody of the person. It is unlawful for any parent, guardian or other adult person having the care and custody of the person to encourage or allow that person to idle or loiter upon the streets or public places between the hours specified in this section unless accompanied by the parent or guardian.
(B) It is unlawful for any person to continuously and/or repeatedly make uninvited contact or solicitation of minors for any unauthorized purpose, business or sexual acts without parental consent which contact could include, but is not limited to, persons whose acts create a public nuisance as defined by §§ 130.07 and 130.10 above.
(1986 Code, § 10-1-11) (Ord. 16, passed 3-16-1992) Penalty, see § 10.99
§ 130.26 NOISE.
(A) It is hereby declared to be a public nuisance, and it is unlawful for any person, firm or corporation owning or operating or in control of any restaurant, hotel, dance hall, show, store or any place of public amusement, entertainment or accommodation, to play or permit to be played any music or musical instrument or instruments whether played by individuals, orchestra, radio, phonograph, music box, CD player, television or other mechanical device or means in such a loud or unusual manner as to be offensive to the slumber, peace and quiet, or otherwise interfere with or annoy the comfortable enjoyment of life or property of any person and is no less a nuisance because the extent of the annoyance inflicted is unequal.
8 Colorado City – General Offenses
(B) It is unlawful to play, operate or use any device known as a sound truck, trust speaker or sound amplifier, radio or phonograph with loud speaker or sound amplifier or any instrument of any kind or character which emits loud and raucous noises and is attached to and upon any vehicle unless the person in charge of the vehicle shall have first applied to and received permission from the Chief of Police to operate any such vehicle so equipped.
(C) It is unlawful for any person to operate a motor vehicle which shall not at all times be equipped with a muffler upon the exhaust thereof in good working order and in constant operation to prevent excessive or unusual noise.
(1986 Code, § 10-1-12) Penalty, see § 10.99
§ 130.27 OBSTRUCTION OF STREETS.
It is unlawful for any person to obstruct any public street or alley, sidewalk or park or other public grounds within the town by committing any act of, or doing anything which is injurious to the health, or indecent or offensive to the senses or to do in or upon any such streets, alleys, sidewalks, parks or other public grounds, any act or thing which is an obstruction or interference to the free use of property or with any business lawfully conducted by anyone, in or upon, or facing or fronting on any of the streets, alleys, sidewalks, parks or other public grounds in the town.
(1986 Code, § 10-1-13) Penalty, see § 10.99
§ 130.28 OBSTRUCTION OF VIEW.
It is unlawful for any person to maintain or allow any tree, hedge, billboard or other obstruction which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when stopped at an intersection or pedestrian crosswalks.
(1986 Code, § 10-1-14) Penalty, see § 10.99
§ 130.29 OFFENSIVE BUSINESS.
It is unlawful for any person to establish or maintain any slaughterhouse or make a practice of slaughtering cattle, hogs, sheep or any other kind of animal, or establish or maintain any soap factory, render tallow, or pursue, maintain or carry on any other business or occupation offensive to the senses or prejudicial to the public health within the limits of the town, unless so authorized by the town. (1986 Code, § 10-1-15) Penalty, see § 10.99
Offenses 9
§ 130.30 OFFENSIVE PREMISES.
It is unlawful for any person to suffer or permit any premises belonging to or occupied by him or her, or any cellar, privy, vault, pool, sewer or private drain therein to become nauseous, foul or offensive to the senses or prejudicial to the public health or comfort.
(1986 Code, § 10-1-16) Penalty, see § 10.99
§ 130.31 PROSTITUTION.
It is unlawful for any person to practice prostitution, to patronize a prostitute or to solicit any person to visit or patronize a prostitute or place of prostitution.
(1986 Code, § 10-1-17) Penalty, see § 10.99
§ 130.32 PROHIBITED USE OF PUBLIC RIGHT-OF-WAY.
It is unlawful for any person to use a public street, highway, alley, lane, parkway, sidewalk or other right-of-way, whether the right-of-way has been dedicated to the public in fee or by easement, for lying, sleeping or otherwise remaining in a sitting position thereon, except in the case of a physical emergency or the administration of medical assistance.
(1986 Code, § 10-1-18) Penalty, see § 10.99
§ 130.33 WEAPONS.
(A) It is unlawful for any person, within the limits of the town to fire or discharge any firearm, BB gun, air gun, pellet gun, gas-operated gun or other similar gun or instrument except:
(1) As allowed pursuant to the provisions of A.R.S. Title 13, Ch. 4;
(2) On a properly supervised range; and
(3) By special permit of the Chief of Police of the town for the use of the gun or instrument for a valid and proper purpose, and for use in a manner not likely to harm any person, animal or property.
(B) Any person, other than a peace on duty carrying a weapon, upon entering any public place or attending a public event, may be required by the operator of the establishment or the sponsor of the event to remove his or her weapon and place it in the custody of the operator of the establishment or the sponsor of the event.
10 Colorado City – General Offenses
(C) It is unlawful for any person to sell or give to a minor under the age of 18 years, without written consent of the parent or legal guardian, a weapon, ammunition or toy pistol by which dangerous and explosive substances may be discharged.
(1986 Code, § 10-1-19) Penalty, see § 10.99
§ 130.34 WRECKING OR STORAGE YARD.
(A) It is unlawful for any person or person, corporation, partnership or association doing business to establish, maintain or control a wrecking yard or storage yard for any type of wrecked or disabled vehicles, of any type or character, within the corporate limits of the town without special permit from the Chief of Police.
(B) Each 24-hour period during which the condition remains in violation of this section shall be deemed to be a separate offense and violation of this section.
(C) For purpose of this section any person with more than 2 inoperable and unlicensed vehicles shall be in violation.
(1986 Code, § 10-1-20) Penalty, see § 10.99
§ 130.35 SIGNS AND BANNERS.
It is unlawful for any person to place any banner or sign upon any streetlight pole, traffic signal pole or utility pole within the town without first obtaining authorization from the town.
(1986 Code, § 10-1-21) Penalty, see § 10.99
§ 130.36 SPITTING.
It is unlawful for any person to spit upon any public sidewalks or crosswalks in the town or upon any public path, by-way or highway, or in or on any public ground or park in the town, or upon the floor or interior of any public building in the town.
(1986 Code, § 10-1-22) Penalty, see § 10.99
§ 130.37 WATER FLOW UPON STREETS PROHIBITED.
(A) It is unlawful for any person to willfully or negligently permit or cause the escape or flow of water in such quantity as to cause flooding, or to impede vehicular or pedestrian traffic to create a hazardous condition to such traffic, to cause damage to the public streets of the town.
(B) It is unlawful for any person to willfully or negligently permit or cause the escape or flow of irrigation water in such quantity as to cause flooding, to impede vehicular or pedestrian traffic, to create a hazardous condition to such or to cause damage to the public streets of the town through the failure or
Offenses 11
neglect to properly operate or maintain any irrigation structure, delivery ditch or waste ditch in which the person has a vested right or interest or through the willful or negligent failure of the person to accept irrigation water after it has been ordered by him or her.
(1986 Code, § 10-1-23) Penalty, see § 10.99
§ 130.38 DISORDERLY CONDUCT.
(A) It is unlawful for any person to willfully conduct himself or herself in a noisy, boisterous, rude, insulting or other disorderly manner with intent to abuse or annoy any person, which conduct could include but is not limited to persons whose conduct results from being under the influence of alcohol or drugs.
(1986 Code, § 10-1-24)
(B) The proprietor of any business has the right to request such disorderly persons to immediately leave their premises and by so doing will not be violating civil rights.
(C) Smoking is prohibited in all public places within the town, including eating and drinking establishments and places of employment according to A.R.S. § 36-601.01. Smoking is expressly prohibited within 50 feet measured in all directions of a public place, including outdoor patios. Penalty, see § 10.99
12 Colorado City – General Offenses
TITLE XV: LAND USAGE
Chapter
1
2015 S-3
2 Colorado City – Land Usage
CHAPTER 150: BUILDING CODE
Section
Codes Adopted
150.01 International Building Code
150.02 International Residential Code
150.03 International Plumbing Code
150.04 International Mechanical Code
150.05 National Electrical Code
150.06 International Fuel Gas Code
150.07 International Energy Conservation Code
150.08 International Fire Code
Access Required For Building Permit
150.20 Permit contingent upon access
Fence and Setback Requirements
150.30 Setbacks
150.31 Fence permits required
150.32 Swimming pools
150.33 Fire hydrant
150.34 Utility providers
150.35 Power pole and easement
150.36 Survey of property line
150.37 Corner lot height restriction
150.38 Public safety fences
150.39 Modification of requirements
Petition for Exception; General Fees
|
150.50 |
Variance allowed |
|
150.51 |
Petition in writing |
|
150.52 |
Fee schedule adopted by Town Council |
|
150.99 |
Penalty |
3
4 Colorado City – Land Usage
CODES ADOPTED
§ 150.01 INTERNATIONAL BUILDING CODE.
That certain code entitled International Building Code, 2006 Edition, along with Appendix H, is hereby adopted as the Building Code of the Town of Colorado City and made part of this chapter the same as though that code was specifically set forth in full herein, with the following revisions:
(A) All references to the International Electrical Code are deleted and replaced with the National Electrical Code;
(B) Section 105.2 Work Exempt From a Permit shall be revised as follows: Item 1 replace 120 with 200; Item 2 replace 6 with 8;
(C) Section 110.1 Use and Occupancy, is revised by adding, “Exception: R-3 and U Occupancies;”
(D) Section 305.2 Day Care, is amended by adding, “This section only applies to those facilities with a state licence;”
(E) Section 308.5.2 Child Care Facility is amended by replacing “five” with “100;”
(F) Section 310.1 Residential Group R-3, is revised by the deletion of “for less than 24 hours;” deletion of “with 16 or fewer persons;”
(G) Section 312.1 General, is amended by replacing “6 feet” with “8 feet,” and adding “over 4 feet” after “Retaining walls;”
(H) Section 1608.1 Snow Loads, is amended by adding “The roof snow load for Colorado City shall be 20 psf and the ground snow load shall be 30 psf;
(I) Section 1609.1 Wind Loads, is amended by adding “The wind load for Colorado City shall be 80 mph, exposure C;”
(J) Section 1805 Foundation Walls, shall be revised by adding “Section 1805.5.8: Group R-3 and U Occupancies three stories or less in height, shall be permitted to have concrete foundations constructed in accordance with Table 1805.5(6).” Table 1805.5(6) titled “Empirical Foundation Walls” published by the Utah Department of Commerce, Division of Occupational and Professional Licensing is hereby adopted and incorporated by reference;
(K) Section 2902 Plumbing Systems, revise Table 2902.1 Minimum Plumbing Facilities by adding footnote “e. Use 30 square feet per occupant for the minimum number of plumbing fixtures;” “f. Where urinals are provided, the number of specified water closets may be reduced by the number of urinals
Building Code 5
installed, except the number of water closets shall not be reduced to less than half; Replace drinking fountain “1 per 100″ with “1 per 150;” Add “Note: Separate facilities shall not be required in occupancies where 15 or less people are employed; and
(L) Section H112.1 General, is amended by deleting “constructed entirely of metal or other noncombustible material.”
(Ord. 2007-4, passed 7-16-2007)
§ 150.02 INTERNATIONAL RESIDENTIAL CODE.
That certain code entitled International Residential Code, 2006 Edition, along with Appendices A, B, C, D, E and L is hereby adopted as the Residential Building Code of the Town of Colorado City and made part of this chapter the same as though that code was specifically set forth in full herein, with the following revisions:
(A) All amendments in other chapters of this code which may be applied to 1- and 2-family dwellings and multiple single family dwellings shall be applicable to the corresponding provisions in the IRC; and
(B) Table R301.2(1) Climatic and Geographic Design Criteria is revised as follows:
|
Ground Snow Load |
Roof Snow Load |
Wind Speed |
Seismic Design Category |
Site Class |
Weathering Damage |
Frost Line Depth |
Termite Damage |
Decay Damage |
|
30 psf |
20 psf |
80 mph, Exp. C |
Category C, or engineering |
Class D soil or Eng. |
Moderate |
16 inches |
Moderate to heavy |
None to slight |
(Ord. 2007-4, passed 7-16-2007)
§ 150.03 INTERNATIONAL PLUMBING CODE.
That certain code entitled International Plumbing Code, 2006 Edition, along with Appendices, E and F is hereby adopted as the Plumbing Code of the Town of Colorado City and made part of this chapter the same as though that code was specifically set forth in full herein, with the following revisions:
(A) Section 603.1 Size of Water Service Pipe shall be amended to read “Water service pipe sizing tables found in the Uniform Plumbing Code is an acceptable alternate method to determine size;”
(B) Section 311.1 Toilet Facilities is deleted in its entirety;
(C) Add Section 412.5 Public Toilet Rooms. All public toilet rooms shall be equipped with at least one floor drain;
6 Colorado City – Land Usage
(D) Section 606.2 Location of Shutoff Valves shall be amended by deleting item #2;
(E) Section 701.2 Sewer Required shall be amended to add “within 300 feet of the property line” after where available;
(F) Section 715.1 Sewage Backflow shall be deleted in its entirety and replaced with the following: All structures connected to a public sewer system shall be protected by an approved backwater valve;
(G) Section 904.6 Extension Through the Wall shall have the following sentence added at the end of the paragraph: Vents extending through the wall shall terminate not less than 12 inches from the wall with an elbow pointing downward;
(H) Section 905.4 Vertical Rise of Vent Exception shall be revised to add “floor drains and floor sink installations; and
(I) Section 1108 Combined Sanitary and Storm System is hereby deleted in its entirety and replaced with “Combining storm and sanitary drainage prohibited. The combining of sanitary and storm drainage systems is prohibited.”
(Ord. 2007-4, passed 7-16-2007)
§ 150.04 INTERNATIONAL MECHANICAL CODE.
That certain code entitled International Mechanical Code, 2006 Edition, along with Appendix A is hereby adopted as the Mechanical Code of the Town of Colorado City and made part of this chapter the same as though that code was specifically set forth in full herein.
(Ord. 2007-4, passed 7-16-2007)
§ 150.05 NATIONAL ELECTRICAL CODE.
(A) Code adopted. That certain code entitled National Electrical Code, 2008 Edition, is hereby adopted as the Electrical Code of the Town of Colorado City and made part of this chapter the same as though that code was specifically set forth in full herein.
(B) Amendment. Article 110.2 Approval. Add “Electric meters shall not be energized unless approved. Approval may be conditioned upon required permits and inspections.”
(Ord. 2007-4, passed 7-16-2007)
Building Code 7
§ 150.06 INTERNATIONAL FUEL GAS CODE.
That certain code entitled International Fuel Gas Code, 2008 Edition, along with Appendices A, B, C and D, is hereby adopted as the Fuel Gas Code of the Town of Colorado City and made part of this chapter the same as though that code was specifically set forth in full herein, with the following revisions: Section 402.1 General Considerations shall be amended to add, “For all new construction, gas piping shall be sized for a natural gas system. Residential occupancies gas service lines shall be no less than 1 inch in diameter.”
(Ord. 2007-4, passed 7-16-2007)
§ 150.07 INTERNATIONAL ENERGY CONSERVATION CODE.
That certain code entitled International Energy Conservation Code, 2006 Edition, is hereby adopted as the Energy Conservation Code of the Town of Colorado City and made part of this chapter the same as though that code was specifically set forth in full herein, with the following revisions: §
504.7 Heat Traps shall be amended to read “Heat traps, other than the arrangement of piping and fittings, shall be prohibited unless a means of controlling thermal expansion can be ensured as required in the IPC § 607.3.”
(Ord. 2007-4, passed 7-16-2007)
§ 150.08 INTERNATIONAL FIRE CODE.
That certain code entitled International Fire Code, 2006 Edition, along with Appendices B, C and D, is hereby adopted as the Fire Code of the Town of Colorado City and made part of this chapter the same as though the code was specifically set forth in full herein.
(Ord. 2007-4, passed 7-16-2007)
ACCESS REQUIRED FOR BUILDING PERMIT
§ 150.20 PERMIT CONTINGENT UPON ACCESS.
(A) Upon receipt of an application for a building permit, the Building Official shall determine whether the building site is accessible to town vehicles which would provide town services such as fire protection, police protection, garbage collection and other services.
(B) Available access shall mean the access that will not cause damage or unusual wear to town vehicles providing those services.
(C) If the access is not available, the Building Department shall not issue a building permit. (Ord. 2007-4, passed 7-16-2007)
8Colorado City – Land Usage
FENCE AND SETBACK REQUIREMENTS
§ 150.30 SETBACKS.
The minimum distance from the road right-of-way to any building shall be 25 feet. The minimum distance from side and rear yard lines to any structure shall be 10 feet. Additional setback may be required to accommodate additional parking.
(Ord. 2007-4, passed 7-16-2007)
§ 150.31 FENCE PERMITS REQUIRED.
(A) Fence permits are required as per the Building Code.
(B) The Planning and Zoning Commission may require the erection of fences as a prerequisite to the approval of any project or building permit where, in the opinion of the Commission, it is necessary to protect life and property, or to separate commercial zones from residential.
(Ord. 2007-4, passed 7-16-2007)
§ 150.32 SWIMMING POOLS.
Fencing or walls at least 5 feet in height, including gates, must be installed around permanent swimming pools, Jacuzzis and similar structures. Gates must be self-closing and self-latching.
(Ord. 2007-4, passed 7-16-2007)
§ 150.33 FIRE HYDRANT.
No fence shall be erected within a 3-foot radius of a fire hydrant. A fire hydrant shall not be enclosed by fencing.
(Ord. 2007-4, passed 7-16-2007) Penalty, see § 150.99
§ 150.34 UTILITY PROVIDERS.
Utility meters, telephone pedestals, electrical sectionalizers and transformers shall be accessible as much as possible and where enclosed by fencing, arrangements must be made with the serving utility provider for access. Dumpster or garbage can enclosures with a gate may be required for access.
(Ord. 2007-4, passed 7-16-2007)
Building Code 9
§ 150.35 POWER POLE AND EASEMENT.
(A) No fence shall be erected within a 3-foot radius of a power pole.
(B) A power pole shall not be enclosed by fencing materials.
(C) Power distribution lines overhead or underground will have a 20-foot easement centered on the line.
(D) Any damage done to fences or private property in order to gain access for repair and maintenance of the line will be at the occupant’s expense.
(Ord. 2007-4, passed 7-16-2007) Penalty, see § 150.99
§ 150.36 SURVEY OF PROPERTY LINE.
Fences shall not be placed in the road right-of-way without the written permission of the town. It is the responsibility of the applicant and/or the person performing the fence construction, to properly survey, locate and identify property lines.
(Ord. 2007-4, passed 7-16-2007) Penalty, see § 150.99
§ 150.37 CORNER LOT HEIGHT RESTRICTION.
(A) No solid fences or walls above 4 feet shall be built on any corner lot within a triangular area formed by the street property lines and a connecting line at points 25 feet from the intersection.
(B) The Building Official may require additional height restrictions or modifications demonstrated to be in the best interest of public safety.
(Ord. 2007-4, passed 7-16-2007)
§ 150.38 PUBLIC SAFETY FENCES.
Public safety fences enclosing utilities, retaining walls, culverts, walkways, drainage channels and the like are exempt from this chapter.
(Ord. 2007-4, passed 7-16-2007)
§ 150.39 MODIFICATION OF REQUIREMENTS.
(A) When requested, the Building Official may grant a waiver or modification of the requirements of this section upon finding that the waiver or modification will not circumvent the intent of the requirements.
10 Colorado City – Land Usage
(B) If the Building Official so desires, he or she may submit the request for a waiver or modification directly to the Town Council for its determination.
(Ord. 2007-4, passed 7-16-2007)
PETITION FOR EXCEPTION; GENERAL FEES
§ 150.50 VARIANCE ALLOWED.
A variance from the terms of this chapter may be allowed under A.R.S. § 9-462.06 when, owing to peculiar conditions, a strict interpretation would cause an unnecessary hardship, if in granting such a variance the general intent and purpose of this chapter will be preserved, and the variance is not a grant of special privileges inconsistent with limitations upon other properties in the vicinity and zone in which the property is located.
(Ord. 2007-4, passed 7-16-2007)
§ 150.51 PETITION IN WRITING.
(A) An applicant shall petition for exception in writing, including the applicant’s name, address, phone number, location of the property, the legal description, proposed improvement and a brief statement of the requested exception.
(B) The petition, along with the appropriate fee shall be submitted to the Town Clerk and placed on the next regular Town Council meeting for Council consideration.
(Ord. 2007-4, passed 7-16-2007)
§ 150.52 FEE SCHEDULE ADOPTED BY TOWN COUNCIL.
Building permit fees shall be assessed as established by Town Council resolution which may be changed or modified at any time separate from the rest of this code. The change by resolution will become a part of this code immediately upon adoption.
(Ord. 2007-4, passed 7-16-2007)
§ 150.99 PENALTY.
(A) Any person, firm or corporation who fails to comply with, or violates any of these regulations, shall be guilty of a Class 1 misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed $1,000, or by imprisonment not to exceed 6 months, or by both the fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as herein above described.
Building Code 11
(B) The imposition of any sentence shall not exempt the offender from compliance with the requirements of these regulations and provisions of this chapter.
(Ord. 2007-4, passed 7-16-2007)
12 Colorado City – Land Usage
CHAPTER 151: FLOOD DAMAGE PREVENTION
Section
Purpose and Methods
151.01 Statutory authorization
151.02 Findings of fact
151.03 Statement of purpose
151.04 Methods of reducing flood losses
151.05 Definitions
General Provisions
151.20 Lands to which this chapter applies
151.21 Basis for establishing the areas of special flood hazard
151.22 Compliance
151.23 Abrogation and greater restrictions
151.24 Interpretation
151.25 Warning and disclaimer of liability
151.26 Statutory exemptions
151.27 Declaration of public nuisance
151.28 Abatement of violations
151.29 Severability
151.30 Unlawful acts
Administration; Flood Hazard Reduction
151.40 Designation of the Floodplain Administrator
151.41 Duties and responsibilities of the Floodplain Administrator
151.42 Establishment of development permit
151.43 Standards of construction
151.44 Storage of materials and equipment
151.45 Standards for utilities
151.46 Additional development standards, including subdivisions
151.47 Standards for manufactured homes
151.48 Standards for recreational vehicles
151.49 Floodways
13
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Variance Procedure
151.60 Nature of variances
151.61 Appeal Board
151.62 Conditions for variances
151.99 Penalty
PURPOSE AND METHODS
§ 151.01 STATUTORY AUTHORIZATION.
The Legislature of the State of Arizona has in A.R.S. § 48-3610 enabled the Town of Colorado City to adopt regulations in conformance with A.R.S. § 48-3603 designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Town Council of the Town of Colorado City, Arizona, does ordain as follows.
(Ord. 2009-05, passed 10-5-2009)
§ 151.02 FINDINGS OF FACT.
(A) The flood hazard areas of the Town of Colorado City are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(B) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, cause damage in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
(Ord. 2009-05, passed 10-5-2009)
§ 151.03 STATEMENT OF PURPOSE.
It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
(A) To protect human life and health;
(B) To minimize expenditure of public money for costly flood control projects;
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(C) To minimize the need for rescue and relief efforts associated with flooding generally undertaken at the expense of the general public;
(D) To minimize prolonged business interruptions;
(E) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(F) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
(G) To ensure that potential buyers are notified that property is in an area of special flood
hazard;
(H) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and
(I) To maintain eligibility for state disaster relief. (Ord. 2009-05, passed 10-5-2009)
§ 151.04 METHODS OF REDUCING FLOOD LOSSES.
(A) In order to accomplish its purposes, this chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve the uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alternation of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging and other development which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(B) These regulations take precedence over any less restrictive conflicting laws, ordinances and codes.
(Ord. 2009-05, passed 10-5-2009)
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§ 151.05 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A ZONE. See SPECIAL FLOOD HAZARD AREA.
ACCESSORY STRUCTURE. A structure that is:
(1) Solely for the parking of no more than 2 cars; or limited storage; and
(2) Is less than 200 square feet.
ACCESSORY USE. A use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
APPEAL. A request for a review of the Floodplain Administrator’s interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING. A designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from 1 to 3 feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. This area is designated as Zone A, AE, AO, AH and A1-30 on the FIRM and other areas determined by the criteria adopted by the Director of the Arizona Department of Water Resources. (See SPECIAL FLOOD HAZARD AREA.)
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given
year.
BASE FLOOD ELEVATION (BFE). The elevation shown on the Flood Insurance Rate Map for Zones AE, AH, Al-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
BREAKAWAY WALL. A wall that is not part of the structural support of the building and is intended through its construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building supporting foundation system.
BASEMENT. Any area of the building having its floor subgrade i.e., below ground level on all
sides.
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BUILDING. See STRUCTURE.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, storage of equipment or materials or drilling operations located within the area of special flood hazard.
ENCROACHMENT. The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
EROSION. The process of the gradual wearing away of land masses. This peril is not, per se, covered under the program.
FINANCIAL ASSISTANCE. Any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect federal assistance, other than general or special revenue sharing or formula grants made to states.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of flood waters;
(2) The unusual and rapid accumulation or runoff of surface waters from any source; and/or
(3) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined by this definition.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM). The official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated both the areas of flood hazard and the floodway.
FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS). The official report provided by the Federal Emergency Management Agency that includes flood profiles, Flood Insurance Rate Map (FIRM), Flood Boundary Floodway Map (FBFM), and the water surface elevation of the base flood.
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FLOOD PROTECTION SYSTEM. Those physical structural works for which funds have been authorized, appropriated and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
FLOOD-RELATED EROSION. The collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source. (See FLOOD or FLOODING).
FLOODPLAIN ADMINISTRATOR. The community official designated by the Town of Colorado City who is hereby authorized to administer and enforcement the floodplain management regulations of this chapter.
FLOODPLAIN BOARD. The Town Council of the Town of Colorado City at such times as they are engaged in the enforcement of this chapter.
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
FLOODPROOFING. Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY. The area of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base (100-year) flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as REGULATORY FLOODWAY.
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FUNCTIONALLY DEPENDENT USE. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
GOVERNING BODY. The local governing unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
HARDSHIP. As related to variances, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Town Council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.
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LEVEE. A human-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM. A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LOWEST FLOOR. The lowest floor of the lowest enclosed area, including basement (see BASEMENT). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided, that the enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
MANUFACTURED HOME. A structure, transportable in 1 or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a RECREATIONAL VEHICLE.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into 2 or more manufactured home lots for sale or rent.
MARKET VALUE. Defined in the substantial damage and substantial improvement procedures.
MEAN SEA LEVEL. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced.
NEW CONSTRUCTION. For the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial flood insurance rate map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, NEW CONSTRUCTION means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
OBSTRUCTION. Including, but not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
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ONE-HUNDRED -YEAR FLOOD or 100-YEAR FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. See BASE FLOOD.
PERSON. An individual or his or her agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.
PROGRAM. The National Flood Insurance Program authorized by 42 U.S.C. §§ 4001 through
4128.
PROGRAM DEFICIENCY. A defect in a community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations or of the NFIP standards.
RECREATIONAL VEHICLE. A vehicle which is:
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION (RFE). An elevation 1 foot above the base flood elevation for a watercourse for which the base flood elevation has been determined and shall be determined by the criteria developed by the Director of the Arizona Department of Water Resources for all other watercourses.
REGULATORY FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
REMEDY A VIOLATION. To bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook and the like.
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SHEET FLOW AREA. See AREA OF SHALLOW FLOODING.
SPECIAL FLOOD HAZARD AREA (SFHA). An area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on a Flood Boundary and Floodway Map or Flood Insurance Rate Map as Zone A, AO, A1-A30, AE, A99, or, AH.
START OF CONSTRUCTION. Includes substantial improvement and other proposed new development, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days from the date of the permit. The actual START means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE. A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of an historic structure, provided that the alteration will not preclude the structure’s continued designation as an historic structure.
VARIANCE. A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
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VIOLATION. The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in VIOLATION until such time as that documentation is provided.
WATER SURFACE ELEVATION. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
WATERCOURSE. A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.
(Ord. 2009-05, passed 10-5-2009)
GENERAL PROVISIONS
§ 151.20 LANDS TO WHICH THIS CHAPTER APPLIES.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the Town of Colorado City.
(Ord. 2009-05, passed 10-5-2009)
§ 151.21 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
(A) The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for Mohave County and Incorporated Areas” dated November 18, 2009 with accompanying Flood Insurance Rate Maps (FIRMs) dated November 18, 2009, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this code.
(B) The flood insurance study and attached mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the Floodplain Board by the Floodplain Administrator. The Floodplain Board, within its area of jurisdiction, shall delineate (or may, by rule, require developers of land to delineate) for areas where development is ongoing or imminent, and thereafter as development becomes imminent, floodplains consistent with the criteria developed by the Federal Emergency Management Agency and the Director of the Arizona Department of Water Resources. The FIS and FIRM panels are on file at the Town Hall, 25 South Central Street, Colorado City, Arizona 86021. (Ord. 2009-05, passed 10-5-2009)
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§ 151.22 COMPLIANCE.
All development of land, construction of residential, commercial or industrial structures, or future development within delineated floodplain areas is subject to the terms of this chapter and other applicable regulations.
(Ord. 2009-05, passed 10-5-2009) Penalty, see § 151.99
§ 151.23 ABROGATION AND GREATER RESTRICTIONS.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 2009-05, passed 10-5-2009)
§ 151.24 INTERPRETATION.
In the interpretation and application of this chapter, all provisions shall be:
(A) Considered as minimum requirements;
(B) Liberally construed in favor of the governing body; and
(C) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 2009-05, passed 10-5-2009)
§ 151.25 WARNING AND DISCLAIMER OF LIABILITY.
(A) The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by human-made or natural causes.
(B) This chapter does not imply that land outside the areas of special flood hazards or uses permitted within those areas will be free from flooding or flood damages.
(C) This chapter shall not create liability on the part of the Town of Colorado City, any officer or employee thereof, the State of Arizona or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 2009-05, passed 10-5-2009)
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§ 151.26 STATUTORY EXEMPTIONS.
(A) In accordance with A.R.S. § 48-3609(H), unless expressly provided, this and any regulation adopted pursuant to this chapter do not affect:
(1) Existing uses of property or the right to continuation of such legal use under conditions which existed on the effective date of this chapter. However, if a nonconforming use of land or a building or structure is discontinued for 12 months, or destroyed to the extent of 50% of its value as determined by a competent appraiser, any further use shall comply with this chapter and regulations of the Town Council;
(2) Reasonable repair or alteration of property for the purposes for which the property was used on the effective date of this chapter; or any regulations affecting such property takes effect, except that any alteration, addition or repair to a nonconforming building or structure which would result in increasing its flood damage potential by 50% or more shall be either floodproofed or elevated to or above the regulatory flood elevation; or
(3) Reasonable repair of structures constructed with written authorization required by A.R.S.
§ 48-3613; and
(4) Facilities constructed or installed pursuant to a certificate of environmental compatibility issued pursuant to A.R.S. Title 40, Chapter 2, Article 6.2.
(B) Before any authorized construction begins for the exceptions listed below, the responsible person must submit plans for the construction to the town for review and comment. In accordance with
A.R.S. § 48-3613, written authorization shall not be required, nor shall the Floodplain Board prohibit:
(1) The construction of bridges, culverts, dikes and other structures necessary to the construction of public highways, roads and streets intersecting or crossing a watercourse;
(2) The construction of storage dams for watering livestock or wildlife, structures on banks of a creek, stream, river, wash, arroyo or other watercourse to prevent erosion of or damage to adjoining land if the structure will not divert, retard or obstruct the natural channel of the watercourse, or dams for the conservation of floodwaters as permitted by A.R.S. Title 45, Chapter 6;
(3) Construction of tailing dams and waste disposal areas for use in connection with mining and metallurgical operations. This division does not exempt those sand and gravel operations that will divert, retard or obstruct the flow of waters in any watercourse from complying with and acquiring authorization from the Floodplain Board pursuant to regulations adopted by the Floodplain Board under this chapter;
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(4) Other construction upon determination by the Floodplain Board that written authorization is unnecessary;
(5) Any flood control district, county, city, town or other political subdivision, from exercising powers granted to it under A.R.S. Title 48, Chapter 21, Article 1;
(6) The construction of streams, waterways, lakes and other auxiliary facilities in conjunction with development of public parks and recreation facilities by a public agency or political subdivision; and
(7) The construction and erection of poles, towers, foundations, support structures, guy wires and other facilities related to power transmission as constructed by any utility whether a public service corporation or a political subdivision.
(C) In addition to other penalties or remedies otherwise provided by law, this state, a political subdivision or a person who may be damaged or has been damaged as a result of the unauthorized diversion, retardation or obstruction of a watercourse has the right to commence, maintain and prosecute any appropriate action or pursue any remedy to enjoin, abate or otherwise prevent any person from violating or continuing to violate this section or regulations adopted pursuant to this chapter. If a person is found to be in violation of this section, the court shall require the violator to either comply with this section if authorized by the Floodplain Board or remove the obstruction and restore the watercourse to its original state. The court may also award such monetary damages as are appropriate to the injured parties resulting from the violation including reasonable costs and attorney fees.
(Ord. 2009-05, passed 10-5-2009)
§ 151.27 DECLARATION OF PUBLIC NUISANCE.
Every new structure, building, fill, excavation or development located or maintained within any area of special flood hazard after August 8, 1973 in violation of this chapter is a public nuisance per se and may be abated, prevented or restrained by action of this political subdivision.
(Ord. 2009-05, passed 10-5-2009) Penalty, see § 151.99
§ 151.28 ABATEMENT OF VIOLATIONS.
(A) Within 30 days of discovery of a violation of this chapter, the Floodplain Administrator shall submit a report to the Floodplain Board which shall include all information available to the Floodplain Administrator which is pertinent to the violation.
(B) Within 30 days of receipt of the report, the Floodplain Board shall either:
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(1) Take any necessary action to effect the abatement of the violation;
(2) Issue a variance to this chapter in accordance with the provisions of §§ 151.60 through
151.62;
(3) Order the owner of the property upon which the violation exists to provide whatever additional information may be required for determination. The information must be provided to the Floodplain Administrator within 30 days of the order, and he or she shall submit an amended report to the Floodplain Board within 20 days. At their next regularly scheduled public meeting, the Floodplain Board shall either order the abatement of the violation or they shall grant a variance in accordance with the provisions of §§ 151.60 through 151.62; or
(4) Submit to the Administrator of Federal Insurance Administration a declaration for denial of insurance, stating that the property is in violation of a cited state or local law, regulation or ordinance, pursuant to Section 1316 of the National Flood Insurance Act of 1968, being U.S.C. §§ 4001 et seq., as amended.
(Ord. 2009-05, passed 10-5-2009)
§ 151.29 SEVERABILITY.
This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
(Ord. 2009-05, passed 10-5-2009)
§ 151.30 UNLAWFUL ACTS.
(A) It is unlawful for a person to engage in any development or to divert, retard or obstruct the flow of waters in a watercourse if it creates a hazard to life or property without securing the written authorization required by A.R.S. § 48-3613. Where the watercourse is a delineated floodplain, it is unlawful to engage in any development affecting the flow of waters without securing written authorization required by A.R.S. § 48-3613.
(B) Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor. (Ord. 2009-05, passed 10-5-2009) Penalty, see § 151.99
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ADMINISTRATION; FLOOD HAZARD REDUCTION
§ 151.40 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.
The Planning and Zoning Director is hereby appointed to administer, implement and enforce this chapter by granting or denying development permits in accordance with its provisions.
(Ord. 2009-05, passed 10-5-2009)
§ 151.41 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
Duties of the Floodplain Administrator shall include, but not be limited to:
(A) Permit review. Review all development permits to determine that:
(1) The permit requirements of this code have been satisfied;
(2) All other required state and federal permits have been obtained;
(3) The site is reasonably safe from flooding; and
(4) The proposed development does not adversely affect the carrying capacity of the areas where BFEs have been determined but a floodway has not been designated. For purposes of this code, ADVERSELY AFFECTS means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than 1 foot at any point.
(B) Substantial improvement and substantial damage procedures.
(1) Develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining market value.
(2) Assure procedures are coordinated with other departments and divisions and implemented by community staff.
(C) Use of other flood data. When base flood elevation data has not been provided in accordance with § 151.21, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer §§ 151.42 through
151.49. Any such information shall be consistent with the requirements of the Federal Emergency Management Agency and the Director of the Arizona Department of Water Resources and shall be submitted to the Floodplain Board for adoption.
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(D) Obtain and maintain for public inspection:
(1) The certified regulatory flood elevation required in § 151.43(C)(2);
(2) The floodproofing certification required in § 151.43(C)(3);
(3) The flood vent certification required in § 151.43(C)(4);
(4) The elevation certification required for additional development standards, including subdivisions, in § 151.46(B);
(5) The floodway encroachment certification required by § 151.49(A);
(6) Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency;
(7) Obtain and maintain improvement calculations.
(E) Notification of other entities. Whenever a watercourse is to be altered or relocated:
(1) Notify adjacent communities and the Arizona Department of Water Resources prior to the alteration or relocation of a watercourse, and submit evidence of the notification to the Federal Emergency Management Agency through appropriate notification means; and
(2) Require that the flood carrying capacity of the altered relocated portion of the watercourse is maintained.
(3) Base flood elevation and rate of flow due to physical alterations:
(a) Base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than 6 months after the date such information becomes available, the Floodplain Administrator shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data in accordance with CFR Volume 44, Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
(b) Within 120 days after completion of construction of any flood control protective works which changes the rate of flow during the flood or the configuration of the floodplain upstream or downstream from or adjacent to the project, the person or agency responsible for installation of the
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project shall provide to the governing bodies of all jurisdictions affected by the project a new delineation of all floodplains affected by the project. The new delineation shall be done according to the criteria adopted by the Director of the Arizona Department of Water Resources.
(4) Notify the Federal Emergency Management Agency and the Arizona Department of Water Resources of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction.
(F) Map determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in §§ 151.60 through 151.62; and
(G) Take actions on violations of this code as required in § 151.28.
(H) Complete and submit a biennial report to the Federal Emergency Management Agency. (Ord. 2009-05, passed 10-5-2009)
§ 151.42 ESTABLISHMENT OF DEVELOPMENT PERMIT.
(A) A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 151.21.
(B) Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.
(C) Specifically, the following information is required:
(1) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO, elevation of the highest adjacent natural grade and proposed elevation of lowest floor of all structures;
(2) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 151.43(C)(3);
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(4) Base flood elevation data for subdivision proposals or other development greater than 50 lots or 5 acres; and
(5) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(Ord. 2009-05, passed 10-5-2009)
§ 151.43 STANDARDS OF CONSTRUCTION.
In all areas of special flood hazards the following standards are required.
(A) Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; and
(2) All manufactured homes shall meet the anchoring standards of § 151.47.
(B) Construction materials and methods.
(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(3) New construction and substantial improvement and other proposed new development shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) Within Zones AH or AO, adequate drainage paths shall be constructed around structures on slopes to guide floodwaters around and away from proposed structures.
(C) Elevation and floodproofing.
(1) Residential construction.
(a) Residential construction, new or substantial improvement, shall have the lowest floor, including basement:
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(b) Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community’s building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
(2) Nonresidential construction. Nonresidential construction, new or substantial improvement, shall either be elevated in conformance with division (C)(1) above, or together with attendant utility and sanitary facilities:
(a) Be floodproofed below the elevation recommended under division (C)(1) so that the structure is watertight with walls substantially impermeable to the passage of water;
(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(c) Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be provided to the Floodplain Administrator.
(3) Flood openings. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must meet or exceed the following criteria:
(a) Designs for meeting this requirement must have a minimum of 2 openings, on different sides of each enclosed area, having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided;
(b) The bottom of all openings shall be no higher than 1 foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or
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(c) If it is not feasible or desirable to meet the openings criteria stated above, a registered engineer or architect may design and certify the openings.
(4) Manufactured homes. Manufactured homes shall meet the above standards and also the standards in § 151.47.
(5) Garages and low cost accessory structures.
(a) A garage attached to a residential structure, constructed with the garage floor slab below the regulatory flood elevation, must be designed to allow for the automatic entry of flood waters, as in (C)(3) above. Areas of the garage below the regulatory flood elevation must be constructed with flood resistant materials, as in (C)(2).
(b) A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed.
(c) Accessory structure used solely for parking (2-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in § 151.05, may be constructed such that its floor is below the regulatory flood elevation, provided the structure is designed and constructed in accordance with the following requirements:
limited storage;
(d) Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all other applicable standards in this section.
(Ord. 2009-05, passed 10-5-2009) Penalty, see § 151.99
34 Colorado City – Land Usage
§ 151.44 STORAGE OF MATERIALS AND EQUIPMENT.
(A) The storage or processing of materials that are, in time of flooding, buoyant, flammable, explosive or could be injurious to human, animal or plant life if released due to damage from flooding is prohibited in special flood hazard areas.
(B) Storage of other material or equipment may be allowed if not subject to major damage by floods and if firmly anchored to prevent flotation or if readily removable from the area with the time available after flood warning.
(Ord. 2009-05, passed 10-5-2009) Penalty, see § 151.99
§ 151.45 STANDARDS FOR UTILITIES.
(A) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.
(B) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(C) Waste disposal systems shall not be installed wholly or partially in a floodway. (Ord. 2009-05, passed 10-5-2009) Penalty, see § 151.99
§ 151.46 ADDITIONAL DEVELOPMENT STANDARDS, INCLUDING SUBDIVISIONS.
(A) All new subdivision proposals and other proposed development (including proposals for manufactured home parks and subdivisions), greater than 50 lots or 5 acres, whichever is the lesser, shall:
(1) Identify the area of the special flood hazard and the elevation of the base flood;
(2) All final plans will provide the elevation(s) of the proposed structure(s) and pads. If the site is filled above the base flood elevation, the final lowest floor and grade elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.
(B) All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. All subdivision proposals and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.
(Ord. 2009-05, passed 10-5-2009)
Flood Damage Prevention 35
§ 151.47 STANDARDS FOR MANUFACTURED HOMES.
All manufactured homes that are placed on site or substantially improved shall:
(A) Be elevated so that the bottom of the structural frame or the lowest point of any attached appliances, whichever is lower, is at or above the regulatory flood elevation; and
(B) Be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the- top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(Ord. 2009-05, passed 10-5-2009)
§ 151.48 STANDARDS FOR RECREATIONAL VEHICLES.
All recreational vehicles placed on site shall:
(A) Be on site for fewer than 180 consecutive days; or
(B) Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
(C) Meet the permit requirements of the administrative section of this chapter and the elevation and anchoring requirements for manufactured homes in § 151.47.
(Ord. 2009-05, passed 10-5-2009)
§ 151.49 FLOODWAYS.
Located within areas of special flood hazard established in § 151.21 above are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(A) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; and
(B) If division (A) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§ 151.43 through 151.49.
(Ord. 2009-05, passed 10-5-2009)
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VARIANCE PROCEDURE
§ 151.60 NATURE OF VARIANCES.
(A) The variance criteria set forth in this section are based on the general principle of law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants or the property owners.
(B) It is the duty of the Town Council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the regulatory flood elevation are so serious that variances from the flood elevation or from other requirements in this chapter are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
(Ord. 2009-05, passed 10-5-2009)
§ 151.61 APPEAL BOARD.
(A) The Floodplain Board of Colorado City shall hear and decide appeals and requests for variances from the requirements of this chapter.
(B) The Floodplain Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.
(C) In passing upon the applications, the Floodplain Board, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger of life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owner;
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(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(9) The safety of access to the property in time of flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
(11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges.
(D) Upon consideration of the factors of division (C) above and the purposes of this chapter, the Floodplain Board may attach the conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(E) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
(1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
(2) Such construction below the base flood level increases risks to life and property; and
(3) The land upon which the variance is granted shall be ineligible for exchange of state land pursuant to any flood relocation and land exchange program. A copy of the notice shall be recorded in the office of the Mohave County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(F) The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance and report such variances issued in its biennial report submitted to Federal Emergency Management Agency.
(Ord. 2009-05, passed 10-5-2009)
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§ 151.62 CONDITIONS FOR VARIANCES.
(A) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing §§ 151.40 through 151.49 above have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
(B) Variances may be issued for the repair, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, upon a determination that the proposed repair or rehabilitation will not preclude the structures continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(C) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(D) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(E) Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant;
(3) Showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in § 151.05 in the definition of FUNCTIONALLY DEPENDENT USE; and
(4) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public, or conflict with existing local laws or ordinances.
(Ord. 2009-05, passed 10-5-2009)
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§ 151.99 PENALTY.
Any person found guilty of violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed $1,000 or by imprisonment for a period not to exceed 6 months, or by both the fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as herein above described.
(Ord. 2009-05, passed 10-5-2009)
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CHAPTER 152: COLORADO CITY MUNICIPAL AIRPORT OVERLAY ZONING
Section
|
152.01 |
Findings |
|
152.02 |
Short title |
|
152.03 |
Definitions |
|
152.04 |
Airport height restriction zones |
|
152.05 |
Airport zone height limitations |
|
152.06 |
Compatible land use regulations |
|
152.07 |
Nonconforming uses |
|
152.08 |
Permits |
|
152.09 |
Enforcement |
|
152.10 |
Board of Adjustment |
|
152.11 |
Appeals |
|
152.12 |
Judicial review |
|
152.13 |
Conflicting provisions |
|
152.14 |
Land use compatibility tables |
|
152.99 |
Penalty |
§ 152.01 FINDINGS.
(A) It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Colorado City Municipal Airport and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums at the Colorado City Municipal Airport; and that an obstruction may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the Colorado City Municipal Airport and the public investment therein.
(B) Accordingly, it is declared:
(1) That the Colorado City Municipal Airport fulfills an essential community purpose;
(2) That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by the Colorado City Municipal Airport;
41
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(3) That it is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented;
(4) That the creation or establishment of a use which is inconsistent with the nature of the Colorado City Municipal Airport may injure the region served by the airport and the utility of the airport;
(5) That it is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of uses which are inconsistent with air navigation and development of the airport and its use be prevented;
(6) That the encroachment of noise sensitive or otherwise incompatible land uses within certain areas as set forth herein below may endanger the health, safety and welfare of the owners, occupants or users of the land; and
(7) That the prevention of these uses or obstructions should be accomplished, to the extent legally possible, by the exercise of the police power of the municipality.
(C) It is further declared that the prevention of inconsistent uses, the elimination, removal, alteration or mitigation of hazards to air navigation, or the marking and lighting of construction are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.
(D) It is hereby ordained by the Town of Colorado City as follows. (Ord. 2009-01, passed 4-13-2009)
§ 152.02 SHORT TITLE.
This chapter shall be known and may be cited as the Colorado City Municipal Airport Overlay Zoning Ordinance.
(Ord. 2009-01, passed 4-13-2009)
§ 152.03 DEFINITIONS.
For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIRPORT. Colorado City Municipal Airport.
AIRPORT ELEVATION. The highest point of an airport’s usable landing area measured in feet above mean sea level.
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APPROACH SURFACE. A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in § 152.04. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.
APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES. These zones are set
forth in § 152.05 below.
BOARD OF ADJUSTMENT. A board consisting of not less than 5 nor more than 7 members appointed by the Colorado City Town Council to hear and decide appeals from the Planning and Zoning Administrator.
CONICAL SURFACE. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
HAZARD TO AIR NAVIGATION. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
HEIGHT. For the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
HELIPORT PRIMARY SURFACE. The primary surface coincides in size and shape with the designated takeoff and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation.
HORIZONTAL SURFACE. A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
LARGER THAN UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.
NAVD 88. North American Vertical Datum 1988. All elevations in this chapter are referenced to the 1988 North American Vertical Datum.
NONCONFORMING USE. Any pre-existing structure, object of natural growth, or use of and which is inconsistent with the provisions of this chapter or an amendment thereto.
NONPRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned. It also means a runway for which a nonprecision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
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OBSTRUCTION. Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 152.05.
PERSON. An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity; includes a trustee, a receiver, an assignee or a similar representative of any of them.
PRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS), a precision approach radar (PAR) or a global positioning system (GPS). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
PRIMARY SURFACE. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in § 152.04. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
RUNWAY. A defined area on an airport prepared for landing and takeoff of aircraft along its length.
STRUCTURE. An object, including mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
TRANSITIONAL SURFACES. These surfaces extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of 7 feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline.
TREE. Any object of natural growth.
UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.
VISUAL RUNWAY. A runway intended solely for the operation of aircraft using visual approach procedures.
(Ord. 2009-01, passed 4-13-2009)
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§ 152.04 AIRPORT HEIGHT RESTRICTION ZONES.
(A) In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Colorado City Municipal Airport. Such zones are shown on the Colorado City Municipal Airport Federal Aviation Regulation (FAR) Part 77 Airspace Drawing. Three original, official, and identical copies of the FAR Part 77 Airspace Drawing reflecting the boundaries of the airport height restriction overlay zoning districts of the Town of Colorado City, Arizona are hereby adopted, and the Commissioner and Colorado City Town Clerk are hereby authorized to sign and attest each map as the official Colorado City Municipal Airport FAR Part 77 Airspace Drawing of the Town of Colorado City, Arizona, and such maps shall be filed and maintained as follows:
(1) One copy shall be filed for permanent record in the office of the Colorado City Town Clerk and shall be designated as Exhibit 1. This copy shall not be changed in any manner.
(2) One copy shall be filed in the Planning and Zoning Department and shall be designated as Exhibit 2. This copy shall be maintained by the Planning and Zoning Department by posting thereon all subsequent changes and amendments.
(3) One copy shall be filed in the office of the Airport Manager and shall be designated as Exhibit 3. This copy shall be maintained by the Airport Manager by posting thereon all subsequent changes and amendments.
(B) Each portion of an area located in more than 1 of the following zones shall be evaluated independently according to the zone in which it is located. The various zones are hereby established and defined as follows:
(1) Precision instrument runway approach zone (larger than utility runway). The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet. Its centerline is the continuation of the centerline of the runway.
(2) Nonprecision instrument runway approach zone (larger than utility runway). The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(3) Nonprecision instrument runway approach zone (utility aircraft). The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
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(4) Visual runway approach zone (larger than utility runway). The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach surface expands uniformly to a width of 1,500 feet at a horizontal distance 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(5) Visual runway approach zone (utility aircraft). The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach surface expands uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. The centerline of the approach zone is a continuation of the centerline of the runway.
(6) Transitional zone. The transitional zones are the areas beneath the transitional surfaces.
(7) Horizontal zone. The horizontal zone is established by swinging arcs of 5,000 or 10,000 feet radii from the center of each end of the primary surface of the primary runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. The horizontal zone was constructed with 10,000 feet radii.
(8) Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet. (Ord. 2009-01, passed 4-13-2009)
§ 152.05 AIRPORT ZONE HEIGHT LIMITATIONS.
Except as otherwise provided in this chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this chapter to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established and defined for each of the zones as follows:
(A) Precision instrument runway approach zone. Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline. Then slopes 40 feet outward for each foot upward beginning at the end of and at the same elevation as the first 10,000 feet and extending to a horizontal distance of 40,000 feet along the extended runway centerline.
(B) Nonprecision instrument runway approach zone (larger than utility runway). Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
(C) Nonprecision instrument runway approach zone (utility aircraft). Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
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(D) Visual runway approach zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
(E) Transitional zone. Slopes 7 feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits sloping 7 feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping 7 feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.
(F) Horizontal zone. Established at 150 feet above the airport elevation.
(G) Conical zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
(Ord. 2009-01, passed 4-13-2009)
§ 152.06 COMPATIBLE LAND USE REGULATIONS.
(A) Airport compatible land use overlay zoning districts. For the purpose of regulating the development of noise sensitive land uses to promote compatibility between the airport and the surrounding land uses, to protect the airport from incompatible development and to promote the health, safety and general welfare of property users, the controlled area of Colorado City Municipal Airport is divided into Airport Compatible Land Use Overlay Zoning Districts. The Airport Compatible Land Use Overlay Zoning Districts established herein shall be known as:
|
Off Airport Land Use Zone Number |
Zoning District Name |
|
D |
Airport Influence Zone (AIZ) |
|
C |
Traffic Pattern Zone (TPZ) |
|
B |
Approach Zone (AZ) |
|
A |
Runway Protection Zone (RPZ) |
(B) Off Airport Land Use Drawing. The boundaries of the Airport Compatible Land Use Overlay Zoning Districts set out herein are delineated upon the Colorado City Municipal Airport Off Airport
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Land Use Drawing of the Town of Colorado City, Arizona. Said Off Airport Land Use Drawing is adopted by reference and made a part of this chapter as fully as if the same were set forth herein in detail.
(C) Three original, official, and identical copies of the Off Airport Land Use Drawing reflecting the boundaries of the Airport Compatible Land Use Overlay Zoning Districts of the Town of Colorado City, Arizona are hereby adopted, and the Commissioner and the Colorado City Town Clerk are hereby authorized to sign and attest each map as the official Off Airport Land Use Drawing of the Town of Colorado City, Arizona, and such maps shall be filed and maintained as follows:
(1) One copy shall be filed for permanent record in the office of the Colorado City Town Clerk and shall be designated as Exhibit 1. This copy shall not be changed in any manner.
(2) One copy shall be filed in the Planning and Zoning Department and shall be designated as Exhibit 2. This copy shall be maintained by the Planning Department by posting thereon all subsequent changes and amendments.
(3) One copy shall be filed in the office of the Airport Manager and shall be designated as Exhibit 3. This copy shall be maintained by the Airport Manager by posting thereon all subsequent changes and amendments.
(D) Airport compatible land use overlay zoning district boundary lines. Land use overlay zoning district boundary lines shown on the official Off Airport Land Use Drawing shall be located and delineated along contour lines established for the Colorado City Municipal Airport. Where uncertainty exists as to the boundaries of the Airport Compatible Land Use Overlay Zoning Districts as shown on the official map, the following rules shall apply:
(1) Boundaries shall be scaled from the nearest runway end shown on the map.
(2) Boundaries shall be scaled from the nearest physical feature shown on the map.
(3) Boundaries may be scaled from the nearest platted lot line as shown on the map.
(4) Distances not specifically indicated on the original Off Airport Land Use Drawing shall be determined by a scaled measurement on the map.
(E) Where physical features on the ground differ from the information shown on the official Off Airport Land Use Drawing or when there arises a question as to how or where a parcel of property is zoned and such questions cannot be resolved by the application of division (D), the property shall be considered to be classified as the most restrictive Airport Compatible Land Use Overlay Zoning District.
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(F) Where a parcel of land lies within more than 1 Airport Compatible Land Use Overlay Zoning District, the zone within which each portion of the property is located shall apply individually to each portion of the development.
(G) Use of land and buildings. Within the Airport Compatible Land Use Overlay Zoning Districts as defined herein, no land shall hereafter be used and no structure or other object shall hereafter be erected, altered, converted or modified other than for those compatible land uses permitted by underlying comprehensive zoning districts, as specified in the Town of Colorado City Land Use Code. Additional land uses are prohibited in the Airport Compatible Land Use Overlay Zoning Districts, regardless of underlying zoning, as set forth in the Land Use Compatibility Table in § 152.14.
(H) Where any use of prohibited land and buildings set forth in division (G) conflicts with any use of land and buildings set forth in the Town of Colorado Land Use Code, as an allowed use on the Zoning District Map, this chapter shall apply.
(I) Division (G) does not apply to property within the official boundaries of the airport.
(J) Where specified on the Airport Compatible Land Use Table, the property owner shall dedicate, in advance of receiving a building permit, an aviation clear zone easement to the Town of Colorado City, Arizona. The purpose of this easement shall be to establish a maximum height restriction on the use of property and to hold the public harmless for any damages caused by noise, vibration, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft landing at, taking off from, or operating on, or at, public airport facilities.
(K) All structures and uses within the Approach Zone (AZ) or Runway protection Zone (RPZ) shall be limited to the following:
(1) No glare producing materials shall be used on the exterior of any structure, including any metal building, which are hazardous to aviation; and
(2) There shall be no display of signs which produce a flashing or blinking effect, nor shall any lighting project upward in a manner that would interfere with aircraft.
(L) Additional land use regulations. Within the Town of Colorado City, Arizona the more restrictive of the Town of Colorado City Land Use Code or division (G) above, shall apply to the development of all property covered by the Off Airport Land Use Drawing.
(M) On property within the Off Airport Land Use Drawing jurisdiction, but outside the incorporated limits of the Town of Colorado City, Arizona, division (G) above shall apply to the development of all property covered by the Off Airport Land Use Drawing, and to formulate land use recommendations or responses from other jurisdictions.
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(N) When a provision of this section conflicts with any airport height hazard restrictions, the most restrictive provision shall apply.
(O) Notwithstanding any other provisions of this chapter or other chapter of the Town of Colorado City Land Use Code, no use may be made of land, water, or structures within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, or result in glare in the eyes of pilots using the airport; impair visibility in the vicinity of the airport; create bird strike hazards, or otherwise in any way endanger or interfere with the landing, taking off or flight operations of aircraft utilizing the airport.
(P) When a subdivision plat is required for any property within an Airport Compatible Land Use Overlay Zoning District or within an area shown on the FAR Part 77 Airspace Drawing for the Colorado City Municipal Airport, the property owner shall dedicate an aviation hazard easement to the Town of Colorado City over and across that property. This easement shall establish a height restriction on the use of the property and hold the public harmless from any damages caused by noise, vibration, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft taking off, landing, or operating on or near the Colorado City Municipal Airport.
(Ord. 2009-01, passed 4-13-2009)
§ 152.07 NONCONFORMING USES.
(A) Regulations not retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter, and is diligently prosecuted. Any structure previously regulated by airport zoning must comply with the previously existing regulations. Nonconforming land uses existing as of the effective date of this chapter may be modified such that:
(1) Only existing structures may be enlarged or expanded;
(2) That they do not result in any greater violation of height restrictions; and
(3) A variance in accordance with § 152.08(H) is obtained.
(B) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree may be required to permit the installation, operation, and
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maintenance thereon of such markers and lights as shall be deemed necessary by the Town of Colorado City to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the town.
(Ord. 2009-01, passed 4-13-2009)
§ 152.08 PERMITS.
(A) Future uses. Except as specifically provided in division (D) below, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted.
(B) Application. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the regulating use, structure, or tree would conform to the regulations herein prescribed. Each application shall be accompanied by an application fee as established by resolution of the Town Council. Each application shall also include the following information:
(1) Property boundary lines as they relate to the zone boundaries shown on the Off Airport Land Use Map;
(2) Location, elevation, use and height of all existing and proposed buildings, structures, utility lines, roads or trees where trees are taller than 35 feet;
(3) Maximum elevations of proposed structures. Elevations shall be based upon the survey of an Arizona registered professional engineer or licensed land surveyor, accurate to plus or minus 1 foot shown as mean sea level elevation;
(4) An FAA Form 7460-1, Notice of Proposed Construction or Alteration.
(C) No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with division (H) below.
(D) In the area lying within the limits of the approach zone, transition zone, horizontal zone, and conical zone, no permit shall be required by this chapter for any tree or structure less than 200 feet above ground level which is also lower than an imaginary surface extending outward and upward at a slope of 100 feet horizontal for each 1 foot vertical beginning at the closest point of the closest runway.
(E) Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure, or growth of any tree in excess of any of the height limits established by this chapter.
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(F) Existing uses. No permit shall be granted that would allow the establishment or creation of any obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made.
(G) Nonconforming uses abandoned or destroyed. Whenever the Town of Colorado City determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
(H) Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this chapter, may apply to the Board of Adjustment for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of a proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this chapter.
(I) Additionally, no application for variance to the requirements of this chapter may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Town of Colorado City for advice as to the aeronautical effects of the variance. If the Town of Colorado City does not respond to the application within 15 days after receipt, the Board of Adjustment may act on its own to grant or deny said application.
(J) Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner’s expense, such markings and lights as condition may require in accordance with FAA provisions.
(Ord. 2009-01, passed 4-13-2009)
§ 152.09 ENFORCEMENT.
It shall be the duty of the Town of Colorado City to administer and enforce the regulations prescribed herein. In areas outside of the Town of Colorado City incorporated area, the Mohave County Planning and Zoning Department will assist the Town of Colorado City to enforce applicable regulations. Applications for permits and variances shall be made to the Town of Colorado City or (outside of the
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incorporated area) to Mohave County upon a form published for that purpose. Applications required by this chapter shall be promptly considered and granted or denied. Application for action by the Board of Adjustment shall be forthwith transmitted by the Town of Colorado City.
(Ord. 2009-01, passed 4-13-2009)
§ 152.10 BOARD OF ADJUSTMENT.
(A) There is hereby created a Board of Adjustment to have and exercise the following powers:
(1) To hear and decide appeals from any order, requirements, decision, or determination made by the Town of Colorado City in the enforcement of this chapter;
(2) To hear and decide special exceptions to the terms of this chapter upon which such Board of Adjustment under such regulations may be required to pass; and
(3) To hear and decide specific variances.
(B) The Board of Adjustment shall consist of the members of the Town Council of the Town of Colorado City, Arizona.
(C) The Board of Adjustment shall adopt rules for its governance in harmony with the provisions of this chapter. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board of Adjustment may determine.
(D) The Chairperson or, in the absence of the Chairperson, the acting Chairperson may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question; or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions all of which shall immediately be filed in the office of the Town Clerk and on due cause shown.
(E) The Board of Adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order requirement, decision or determination which comes before it under the provisions of this chapter.
(F) The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of the Town of Colorado City Planning and Zoning Department, or decide in favor of the application on any matter upon which it is required to pass under this chapter, or to effect variation to this chapter.
(Ord. 2009-01, passed 4-13-2009)
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§ 152.11 APPEALS.
(A) Any person aggrieved, or any taxpayer affected, by any decision of the Town of Colorado City made in the administration of this chapter, may appeal to the Board of Adjustment.
(B) All appeals hereunder must be taken within 15 days of such decision, by filing with the Town Clerk a notice of appeal specifying the grounds thereof. The Town of Colorado City shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
(C) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Town Planning and Zoning Department certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would in the opinion of the Planning and Zoning Department cause imminent peril to life or property. In such case, proceedings shall not be stayed except by the order of the Board of Adjustment on notice to the Town Planning and Zoning Department and on due cause shown.
(D) The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice by both posting in conspicuous places close to the property affected, and publication in a newspaper in accordance with A.R.S. § 9-462.04, as well as due notice to the parties in interest. The Board of Adjustment will decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
(E) The Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed form and may make such order, requirement, decision or determination as may be appropriate under the circumstances.
(Ord. 2009-01, passed 4-13-2009)
§ 152.12 JUDICIAL REVIEW.
Any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment, may at any time within 30 days after the Board has rendered its decision, file a complaint for special action in the Superior Court to review the legislative body or Board decision, as provided in A.R.S § 9-
462.06. Filing the complaint does not stay proceedings on the decision sought to be reviewed, but the court may, on application, grant a stay and on final hearing may affirm or reverse, in whole or in part, or modify the decision reviewed.
(Ord. 2009-01, passed 4-13-2009)
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§ 152.13 CONFLICTING PROVISIONS.
Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirements shall govern and prevail.
(Ord. 2009-01, passed 4-13-2009)
§ 152.14 LAND USE COMPATIBILITY TABLE.
|
Land Use Category |
Airport Influence Zone (AIZ) |
Traffic Pattern Zone (TPZ) |
Approach Zone (AZ) |
Runway Protection Zone (RPZ) |
|
Residential |
||||
|
Single-Family, Nursing Homes, Mobile Homes, Multi-Family, Apartments, |
+ |
– ( 3) |
– (1, 3) |
— |
|
Condominiums |
|
|
– (1, 3) |
|
|
Public |
||||
|
Schools, Libraries, Hospitals Churches, Auditoriums, Concert Halls |
+ + |
o (3) o (3) |
– (3) – (3) |
— — |
|
Transportation, Parking, Cemeteries |
++ |
++ |
|
– (2, 5) |
|
Commercial and Industrial |
||||
|
Offices, Retail Trade Service Commercial, Wholesale Trade Warehousing, Light Industrial General Manufacturing, Utilities Extractive Industry |
++ ++
++ |
+ ++
++ |
o (3) o (3) o (3) |
— —
— |
|
++ Acceptable + Normally Acceptable o Marginally Acceptable – Normally Unacceptable – – Unacceptable |
||||
|
Note: Development projects which are wildlife attractant, including sewerage ponds and landfills, within 10,000 feet of the airport are unacceptable. (Ref.: FAA AC 150/5200-33) |
||||
|
Conditions: 1 If allowed, avigation easements and disclosure must be required as a condition of development. 2 Any structures associated with uses allowed in the RPZ must be located outside the RPZ. 3 If no reasonable alternative exists, use should be located as far from extended centerline as possible. 4 If no reasonable alternative exists, use should be located as far form extended runway centerline and traffic patterns as possible. 5 Transportation facilities in the RPZ (i.e. roads, railroads, waterways) must be configured to comply with Part 77 requirements. |
||||
52D Colorado City – Land Usage
|
Land Use Category |
Airport Influence Zone (AIZ) |
Traffic Pattern Zone (TPZ) |
Approach Zone (AZ) |
Runway Protection Zone (RPZ) |
|
Agricultural |
||||
|
Cropland Livestock Breeding Parks, Playgrounds, Zoos, Golf Courses |
++ ++ ++ |
++ ++ ++ |
++ ++ ++ |
++ – (2) – (2) |
|
Riding Stables, Water Recreation Outdoor Spectator Sports |
++ |
+ |
– (3) |
— |
|
Amphitheaters |
o |
– (4) |
— |
— |
|
Open Space |
++ |
++ |
++ |
++ |
|
++ Acceptable + Normally Acceptable o Marginally Acceptable – Normally Unacceptable – – Unacceptable |
||||
|
Note: Development projects which are wildlife attractant, including sewerage ponds and landfills, within 10,000 feet of the airport are unacceptable. (Ref.: FAA AC 150/5200-33) |
||||
|
Conditions: 1 If allowed, avigation easements and disclosure must be required as a condition of development. 2 Any structures associated with uses allowed in the RPZ must be located outside the RPZ. 3 If no reasonable alternative exists, use should be located as far from extended centerline as possible. 4 If no reasonable alternative exists, use should be located as far form extended runway centerline and traffic patterns as possible. 5 Transportation facilities in the RPZ (i.e. roads, railroads, waterways) must be configured to comply with Part 77 requirements. |
||||
(Ord. 2009-01, passed 4-13-2009)
§ 152.99 PENALTY.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be punished according to § 10.99. Each day or part thereof that an activity is carried on in violation of this chapter shall be a separate violation.
(Ord. 2009-01, passed 4-13-2009)
CHAPTER 153: LAND DIVISION
Section
Authority, Exceptions and Enforcement
153.01 Title
153.02 Purpose
153.03 Authority
153.04 Planning Commission creation and responsibilities
153.05 Board of Adjustment
153.06 Approval of subdivision required
153.07 Exception from standards for special circumstances
153.08 Processing fee required
153.09 Enforcement
153.10 Interpretation
153.11 Effective date
Sketch Plan Requirements
153.20 General
153.21 Sketch plan
153.22 Evaluation of sketch plan
153.23 Approval
153.24 Denial
153.25 Appeal
Preliminary Plat
153.35 General
153.36 Preliminary plat contents
153.37 Traffic impact analysis
153.38 Water supply
153.39 Sewage disposal
153.40 Additional requirements and accompanying statements
153.41 Distribution for evaluation
153.42 Commission review and recommendations
153.43 Town Council action on the preliminary plat application
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Final Plat
153.55 Review process
153.56 Final plat submittal
153.57 Submittal specifications for final plat
153.58 Additional requirements and accompanying statements
153.59 Form of final plat
153.60 Signature blocks
153.61 Staff response to final plat submittal
153.62 Action by the Town Council
153.63 Recording of final plat
153.64 Failure to meet conditions of approval
153.65 Amendments
153.66 Reversion to acreage/plat of abandonment
Assurances for Completion of Improvements
153.80 Disclosure of financial assurances
153.81 Acceptable financial assurances for required improvements (subject to Town Council approval prior to recordation)
153.82 Duration of performance bonds
153.83 Partial assurance reduction
153.84 Partial release of lots
153.85 Default
153.86 Inspection and release
153.87 Subdivision street maintenance
Design Standards
153.100 General
153.101 Watercourses
153.102 Streets; general
153.103 Lots
153.104 Public utilities
153.105 Survey monuments
Land Splits
153.115 Purpose
153.116 Authority
153.117 General standards
153.118 Application requirements
153.119 Application process
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Lot Line Adjustment
153.130 Purpose
153.131 General standards
153.132 Application requirements
153.133 Application process 153.999 Penalty
AUTHORITY, EXCEPTIONS AND ENFORCEMENT
§ 153.001 TITLE.
These regulations shall hereafter be known, cited and referred to as the “Town of Colorado City Land Division Ordinance.”
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
§ 153.002 PURPOSE.
(A) The purpose of these regulations is to provide for the health, safety, general welfare, orderly growth and planned development of the town; defining subdivision development, setting forth subdivision platting procedures and requirements, establishing subdivision design principles and standards, establishing street and utility improvement requirements, coordinate with adjoining subdivisions and for other purposes.
(B) Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace, and land shall not be subdivided until sufficient public facilities and improvements are arranged for and proper provision has been made for drainage, water, sewerage, power, improved street access, adequate traffic circulation, individual property lots of reasonable utility and livability, capital improvements such as schools, parks, recreation facilities, transportation facilities and improvements, and other health and safety requirements.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
§ 153.003 AUTHORITY.
(A) General. By authority of the Colorado City Town Council adopted pursuant to powers and jurisdictions vested through A.R.S. § 9-463.01 pertaining to subdivision of lands within incorporated areas, and other applicable laws, statutes, orders and regulations of the State of Arizona, and the Town
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of Colorado City, the Town Council does hereby exercise the power and authority to review and approve or disapprove, based upon recommendation of the Town of Colorado City Planning and Zoning Commission and its Director, plats for division of land within the town. The Town Council may, in the exercise of its police power or for purposes previously identified, amend, add to, delete or change this Land Division Ordinance.
(B) Applicability. These regulations shall apply to all subdivisions of land, as detailed herein, located within the Town of Colorado City. No land shall be subdivided until the subdivider or his or her agent complies with these regulations and obtains the necessary approvals detailed herein. In addition, no land shall be considered officially divided until the approved survey/plat is filed with and recorded by the Mohave County Recorder’s Office.
(C) Water adequacy. The subdivider must demonstrate an adequate water supply to the satisfaction of the Town of Colorado City as required by state statute under A.R.S. § 9-463.01.
(D) Building construction. No building permit shall be issued for any parcel or plat of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of these subdivision regulations. The town may declare a moratorium on construction and require compliance with these regulations and take whatever steps necessary to ensure compliance.
(E) Public conflict. The regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by the provision of any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
(F) Private conflict. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than the easement, covenant or other private agreement or restriction, the requirements of these regulations shall govern.
(G) Severability. If any part or provisions of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, that judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall have been rendered, and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances.
(H) Conditions. Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the State of Arizona to its political subdivisions. The subdivider has the duty of compliance with reasonable conditions laid down by the Town Council for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economical development of the municipality and to protect the safety and general welfare of the future lot owners of the subdivision and the community at large.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
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§ 153.004 PLANNING COMMISSION CREATION AND RESPONSIBILITIES.
(A) A Colorado City Planning Commission is hereby created in accordance with the provisions of
A.R.S. Title 9, Chapter 4, Article 6, as amended (“Municipal Planning”).
(B) The Commission shall consist of 5 members appointed by the Mayor with the consent of the Town Council. Members shall be selected without respect to political affiliation and shall receive a stipend pay for each Commission meeting attended, as set by the Council.
(C) The initial terms of office for the appointive members of such Commission shall be 2 years for 2 members, 4 years for 2 members and 6 years for the remaining member. Thereafter, the terms of office for each appointive member, shall be 6 years.
(D) Vacancies occurring otherwise than through the expiration of term shall be filled by appointment by the Mayor, with the consent of the Town Council. Notwithstanding the length of term, members shall serve at the pleasure of the Town Council and may be removed at any time with or without cause.
(E) The Colorado City Planning Commission may, by separate intergovernmental agreement, hold joint meetings with the Hildale City Planning Commission. These members shall constitute a quorum. Meetings shall be open to the public and minutes shall be kept and filed with the office of the Town Clerk.
(F) The Colorado City Planning Commission shall among other things, provide for the health, safety, general welfare, good order, comfort, convenience, aesthetics, and harmonious development of the community.
(G) To accomplish these purposes the Commission shall have the following powers and duties:
(1) Recommend and administer a General Plan, maps and amendments;
(2) Recommend and administer subdivision regulations and amendments;
(3) Recommend and administer zoning ordinances, maps and amendments;
(4) Hear and recommend proposed subdivision developments;
(5) Hear and decide commercial and industrial development proposals;
(6) Hear and determine land use controls including conditional uses, easements, restrictive covenants, and development agreements;
(7) Require the conformance with these regulations and standards, specifications and details for public infrastructure and facilities, including streets, flood control, domestic water and sanitary sewage disposal; and
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(8) Undertaking all activities usually associated therewith and commonly known as “planning and zoning.”
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014; Am. Ord. 2015-04, passed 5-
11-2015)
§ 153.005 BOARD OF ADJUSTMENT.
(A) A Board of Adjustment is hereby created in accordance with the provisions of A.R.S. §§ 9-
462.06. The Town Council shall serve as the Board of Adjustment and shall hear and decide appeals from the decisions of the Hearing Officer.
(B) Pursuant to A.R.S. §§ 9-462.06, a Hearing Officer is hereby established to hear and decide requests for variances from the terms of the land use ordinances, appeals from decisions applying the land use ordinances, and appeals from a land use fee charged. The Hearing Officer shall be appointed by resolution of the Town Council. The Hearing Officer shall act in a quasi-judicial manner and serve as arbiter of issues involving the interpretation or application of land use ordinances.
(C) Any appeal proceeding shall be conducted in a public meeting called for that purpose, the chairperson of such shall have the power to administer oaths and take evidence, and minutes of the proceedings and actions shall be filed with the office of Town Clerk.
(D) As a condition precedent to judicial review, each aggrieved person shall specifically file a notice of appeal from a land use decision with the Town Clerk within 15 days of the decision, specifying the grounds thereof. Only those decisions in which the town has applied a land use ordinance to a particular application, person, or parcel may be appealed.
(E) An appeal stays all proceedings in the matter appealed from, unless the Planning and Zoning Administer certifies by the facts stated in the certificate, a stay would cause imminent peril to life or property. Upon such certification, proceedings shall not be stayed except by restraining order granted by the Hearing Officer, Board of Adjustment or by a court of record on application and notice to the Planning and Zoning Administrator. Proceedings shall not be stayed if the appeal requests relief which has previously been denied by an appeal except pursuant to a special action in district court.
(F) The town shall fix a reasonable time for hearing the appeal, and shall give notice of hearing by both publication in a newspaper of general circulation and posting the notice in conspicuous places close to the property. The Hearing Officer (or Board of Adjustment) shall determine the correctness of a decision of the town in its interpretation and application of a land use ordinance. The appellant has the burden of proving that the town erred. A decision of the Hearing Officer or Board of Adjustment takes effect on the date when a written decision is issued.
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(G) The Hearing Officer may grant a variance if:
(1) Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances. The Hearing Officer may not find an unreasonable hardship if the hardship is self-imposed or economic;
(2) There are special circumstances attached to the property that do not generally apply to other properties in the same zone such as size, shape, topography, location, or surroundings;
(3) Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
(4) The variance will not substantially affect the general plan and will not be contrary to the public interest; and
(5) The spirit of the land use ordinance is observed and substantial justice done.
(H) In granting a variance, the Hearing Officer or Board of Adjustment may impose additional requirements or conditions on the applicant that will mitigate any harmful effects of the variance or serve the purpose of the standard or requirement that is waived or modified. Variances run with the land.
(Ord. 2015-04, passed 5-11-2015)
§ 153.006 APPROVAL OF SUBDIVISION REQUIRED.
(A) Unlawful. No person shall subdivide a parcel of land without previous approval of the Colorado City Town Council as set forth under these regulations, and by A.R.S. §§ 9-463.01 and 9- 463.02.
(B) Subdivision defined. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SUBDIVISION.
(a) Improved or unimproved land or lands divided for the purpose of:
(b) Subdivision also includes any condominium, cooperative, community apartment, townhouse or similar project containing 4 or more parcels, in which an undivided interest in the land is
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coupled with the right of exclusive occupancy of any unit located thereon, except that plats of the projects need not show the buildings or the manner in which the buildings or air space above the property shown on the plat are to be divided. Subdivision does not include the following:
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
§ 153.007 EXCEPTION FROM STANDARDS FOR SPECIAL CIRCUMSTANCES.
(A) Any plat or land division survey submitted with a deviation(s) from these regulations or deviation(s) from required improvements shall be accompanied by an application for exception from these regulations or associated design or improvement standards made on a form provided by the town for this purpose.
(B) Any person seeking an exception or exceptions to the requirements of these regulations shall file 2 copies of the application with the Town Clerk in concert with the sketch plan application.
(C) The application shall be a request for an exception to an ordinance provision in response to a circumstance actually delineated on the sketch plan. Requests shall include the specific reason for each and every exception requested.
(D) The application for exception shown on the sketch plan shall be formally considered by the Planning and Zoning Commission.
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(E) The Commission may recommend that the Town Council authorize exceptions to any of the requirements in these regulations. In order to do so, it shall be necessary for the Commission to find the following facts with respect thereto:
(1) There are extraordinary circumstances or conditions affecting the property or the purpose of these regulations may be served to a greater extent by an alternative proposal;
(2) That the granting of the exception will not be detrimental to the public safety, health and welfare or injurious to other property in the area in which the subject property is situated;
(3) The conditions upon which the request for an exception is based are unique to the property for which the exception is sought and are not applicable generally to other property; and
(4) That it will not have the effect of nullifying the intent and purpose of the town’s general plan, transportation plan, Zoning Ordinance or these regulations.
(F) The Commission shall forward a recommendation to the Town Council regarding approval, approval with conditions, or denial of the application for exception of any portion of these regulations.
(G) Upon receipt of the Commission’s recommendation, the Town Council may approve or deny the request for exception. The Council may approve the preliminary subdivision plat and associated plans with the exceptions and conditions deemed necessary to substantially uphold the objectives of these regulations.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
§ 153.008 PROCESSING FEE REQUIRED.
The submission of a sketch plan, preliminary plat, final plat, revised or amended plat, application for reversion to acreage plat of abandonment, or other submission governed herein, shall be accompanied by a filing fee according to the fee schedule approved by the Town Council by resolution. The filing fee shall be submitted to the Planning and Zoning Department simultaneously with submittal of a completed application.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
§ 153.009 ENFORCEMENT.
(A) General.
(1) Any use or development of property contrary to the provisions of the subdivision regulations shall be unlawful, against the public safety and welfare, and a public nuisance, and the town may immediately commence all necessary actions or proceedings for the abatement, enjoinment and
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removal thereof in the manner provided by law, and may take other lawful steps and may apply to the court or courts as may have jurisdiction to grant such relief as will abate, enjoin and restrain any person, firm, partnership, or corporation from setting up, developing, erecting, building, moving or maintaining any such building or using or selling any property contrary to the provisions of these subdivisio