ORDINANCE 890-26

ORDINANCE 890-26 AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF QUEEN CREEK, ARIZONA, AMENDING THE QUEEN CREEK TOWN CODE CHAPTER 9, OFFENSES, ARTICLE 9-7, PARKING AND OBSTRUCTIONS; AMENDING ARTICLE 9-8, TOWN PROPERTY, PARKS, AND RECREATION; AMENDING ARTICLE 9-10, TRAFFIC; AMENDING ARTICLE 9-11 OPERATION OF BICYCLES AND OTHER POWER-DRIVEN MOBILITY DEVICES; AMENDING CHAPTER 11, TRAFFIC, ARTICLE 11, GENERAL; AMENDING CHAPTER 11, TRAFFIC, ARTICLE 11-1, GENERAL; AMENDING ARTICLE 11-2, PERMANENT TRAFFIC CONTROL; AMENDING ARTICLE 11-5, OPERATION OF BICYCLES AND OTHER POWER-DRIVEN MOBILITY DEVICES; ADDING ARTICLE 11-14, REMOVAL, SEIZURE, IMPOUND, AND RELEASE; AND AMENDING CHAPTER 15, PARKS AND RECREATION, BY ADDING ARTICLE 15-5, TOWN PROPERTY; PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. WHEREAS, Arizona Revised Statutes, including A.R.S. § 9-240 and Title 28, allows the Town to regulate traffic, parking, streets, sidewalks and operation of vehicles and conveyances within the Town; and WHEREAS, the Town Council has determined that it is in the best interest of the Town, and important to the health, welfare, and safety of the Town and its residents, to update and amend Chapter 9, Offenses, Chapter 11, Traffic, and Chapter 15, Parks and Recreation to address the changes in technology and use of other power-driven mobility devices and conveyances, and provide necessary updates in the Town Code and the enforcement thereof; and WHEREAS, A.R.S. § 9-802 provides a procedure whereby a municipality may enact the provisions of a code or public record by reference, without setting forth such provisions, providing that the adopting ordinance is published in full; NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE TOWN OF QUEEN CREEK, ARIZONA, AS FOLLOWS: Section 1. The attached Exhibit A is declared to be a public record and is adopted and incorporated herein by this reference. Section 2. The Queen Creek Town Code, Chapter 9, Offenses, including Article 9-7, Parking and Obstructions; Article 9-8, Town Property, Parks, and Recreation; Article 9-10, Traffic; Article 9-11 Operation of Bicycles and Other Power-Driven Mobility Devices are amended as set forth in Exhibit A hereto. Section 3. The Queen Creek Town Code, Chapter 11, including Article 11-1, General; Article 11-2, Permanent Traffic Control; Article 11-5, Operation of Bicycles and Other Power-Driven Mobility Devices; Article 11-14, Removal, Seizure, Impound, and Release are amended as set forth in Exhibit A hereto. Section 4. The Queen Creek Town Code, Chapter 15, Parks and Recreation, including Article 15-5, Town Property are amended as set forth in Exhibit A hereto. Section 5. The amendments to the Queen Creek Town Code include the following penalties in the referenced sections, with additions shown in bolded, ALL CAPS and deletions depicted by strikethrough: 9-8-5 Town Property A.10. VIOLATION OF THIS SUBSECTION IS A CIVIL OFFENSE.B.1.a VIOLATION OF THE SUBSECTION IS A CLASS 1 MISDEMEANOR. B.2.a VIOLATION OF THE SUBSECTION IS A CLASS 1 MISDEMEANOR. B.3.a VIOLATION OF THE SUBSECTION IS A CLASS 1 MISDEMEANOR. B.4.c A VIOLATION OF THIS SUBSECTION IS A CLASS 3 MISDEMEANOR. D. VIOLATION OF SUBSECTION 9-8-5(C) MAY RESULT IN THE DEVICE OR CONVEYANCE INVOLVED IN THE VIOLATION TO BE REMOVED, SEIZED, AND IMPOUNDED AT THE OWNER'S EXPENSE. 9-10-3 Traffic Control Devices C. VIOLATION OF THIS SECTION IS A CIVIL TRAFFIC OFFENSE. 9-10-20 RESPONSIBILITY OF PARENTS, GUARDIANS, AND CUSTODIANS B. VIOLATION OF THIS SECTION BY PARENT, GUARDIAN, OR CUSTODIAN OF A CHILD OR WARD IS A CIVIL OFFENSE. ANY VIOLATION OF THIS CODE COMMITTED BY THE CHILD OR WARD WILL BE ADDRESSED AS A SEPARATE OFFENSE. 11-14-1 REMOVAL, SEIZURE, AND IMPOUNDMENT A. AN OTHER POWER-DRIVEN MOBILITY DEVICE (OPDMD), A MOPED, A MOTOR-DRIVEN CYCLE, A MOTORCYCLE, A MOTOR VEHICLE, OR A MOTORIZED QUADRICYCLE MAY BE SUBJECT TO REMOVAL, SEIZURE, AND IMPOUNDMENT UNDER ANY OF THE FOLLOWING CONDITIONS: 1. THE OPERATOR HAS COMMITTED ANY VIOLATION OF STATE LAW OR TOWN CODE THAT CREATED AN IMMEDIATE OR SUBSTANTIAL RISK TO PUBLIC SAFETY, INCLUDING BUT NOT LIMITED TO: a. RECKLESS DRIVING OR RACING. b. DISREGARD FOR TRAFFIC CONTROL DEVICES, SIGNS, OR SIGNALS. c. OBSTRUCTING TRAFFIC OR INTERFERING WITH THE SAFE MOVEMENT OF VEHICLES OR PEDESTRIANS. 2. THE PERSON IS OPERATING IN A MANNER THAT LEADS TO A VIOLATION OF ANY OF THE FOLLOWING: a. PUBLIC NUISANCE (A.R.S. § 13-2917) b. CRIMINAL NUISANCE (A.R.S. § 13-2908) c. DISORDERLY CONDUCT (A.R.S. § 13-2904) d. LEAVING THE SCENE OF AN ACCIDENT (A.R.S. §§ 28-661 & 28-662) e. FAILURE TO RENDER AID OR PROVIDE INFORMATION (A.R.S. § 28-663) f. FAILURE TO STOP (A.R.S. § 28-1595) g. UNLAWFUL FLIGHT FROM A PURSUING OFFICER (A.R.S. § 28-622.01) h. INTERFERING WITH A POLICE OFFICER (9-1-2) i. FAILURE TO COMPLY WITH POLICE OFFICER (A.R.S. § .28-622) 3. THE PERSON IS OPERATING IN A PROHIBITED AREA WHEN PEDESTRIANS OR EQUINE ARE PRESENT. 11-14-2 CONDITIONS OF RELEASE B. AS STATED IN ARTICLE 4-4-7(C), PROPERTY THAT IS NOT RECLAIMED FROM THE TOWN WITHIN 60 DAYS AFTER THE DATE OF THE NOTICE OF VIOLATION SHALL BE CONSIDERED. ABANDONED AND MAY BE SOLD OR OTHERWISE DISPOSED OF BY THE TOWN IN ACCORDANCE WITH TOWN CODE, CHAPTER 4, ARTICLE 4-4. Section 6. If any section, subsection, clause, phrase, or portion of this Ordinance or any part of these amendments to the Town Code is for any reason held invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Section 7. At least one paper copy and one electronic copy of this ordinance and exhibits are to be filed in the office of the Town Clerk. Section 8. Whereas, it is necessary for the immediate preservation of the peace, health and safety of Queen Creek, Arizona, an emergency is declared to exist, and this ordinance shall become immediately operative and in force from and after the date of posting hereof. PASSED AND ADOPTED BY the Common Council of the Town of Queen Creek, Arizona, this 20th day of May 2026. FOR THE TOWN OF QUEEN CREEK: Julia Wheatley Mayor ATTESTED TO: Maria Gonzalez, Town Clerk REVIEWED BY: Bruce Gardner, Town Manager APPROVED AS TO FORM: Clifford Mattice, Town Attorney EXHIBITS ON FILE AND LOCATED AT THE TOWN CLERK'S OFFICE May 28, June 4 2026 LAZS0524927