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Carefree Truth
Issue #992, February 21, 2022
Issue #992, February 21, 2022
Mayor Les Peterson noted that this was the first of 2 required readings of several amendments to the Town Code for conflicting and inconsistent penalties for Class 1 Misdemeanor violations.
Stacey Bridge-Denzak explained that these are more "housekeeping" items, but are important concerning how Carefree enforces the Town Code. The Town Code must be clear and consistent in order to be enforceable. The current Town Code only says "misdemeanors", without the words "Class 1" included. There are 3 types of misdemeanors in Arizona. Class 1 Misdemeanors are defined by State Statue as having a $2,500/6 months in jail penalty, with probation to follow, or any combination of these. This needs to be consistent throughout the Town Code, and needs to align with the State Statutes.
The amendments include Chapter 1 General (Town Code Penalty), Chapter 5 Health & Safety (Pool Barriers), Chapter 6 Offenses (All Terrain Vehicles, Shooting, and Short Term Rentals), Chapter 10 Building (Required Permits), and Chapter 11 Streets & Public Way (Road Maintenance & Signs in the Rights of Way). The Carefree/Cave Creek Consolidated Court will not accept any citations on Chapters 10 & 11 because the penalties in Carefree's Town Code do not align with those in the State Statute, which changed since Carefree's were written. Carefree's penalties are only about half those of the State Statute.
Vice Mayor John Crane said it seemed as if Carefree was just fixing the text of the Town Code. Ms. Bridge-Denzak replied that Carefree is aligning the language and penalties with the State language and penalties in order to render the related Town Codes enforceable.
Mayor Peterson said they had been discussing Chapter 10 Building, Comprehensive Building Safety Code Penalties and Violations, which starts out, "Any person, firm or corporation". Part of what is being questioned is an LLC and LLP, and if it needs to be expanded and made more precise to include all of the legal entities that could be building.
Councilman Stephen Hatcher explained that the word "firm" doesn't really mean anything. Vice Mayor Crane suggested that might be a throwback to when it was written 20 years ago. Ms. Bridge-Denzak said she thought that term is part of the Town Code relating to building and anything related to permits and construction. That language inclusively captures anything related to any of those types of activities. Councilman Mike Johnson reminded the Council that there are all types of business entities and suggested replacing "person" with "sole proprietor". No residents who were attending online had any additional comments.
The Mayor said suggested changes would be incorporated into the text and the second reading would be held the following month.
https://vimeo.com/662497229
The second reading of Ordinance 2022-01, amending the Town Code to clarify and correct penalties as defined throughout, was unanimously approved at the February 2nd Council meeting.
Lyn Hitchon
Prepared by Carefree Truth
Copyrighted
Visit our website at www.carefreetruth2.com If you know anyone who would like to be added to the Carefree Truth email list, please have them contact me. Feel free to share Carefree Truth with others on your list.
Visit www.carefreeazbusinesses.com to see more info about businesses in Carefree. Please support our merchants.
Stacey Bridge-Denzak explained that these are more "housekeeping" items, but are important concerning how Carefree enforces the Town Code. The Town Code must be clear and consistent in order to be enforceable. The current Town Code only says "misdemeanors", without the words "Class 1" included. There are 3 types of misdemeanors in Arizona. Class 1 Misdemeanors are defined by State Statue as having a $2,500/6 months in jail penalty, with probation to follow, or any combination of these. This needs to be consistent throughout the Town Code, and needs to align with the State Statutes.
The amendments include Chapter 1 General (Town Code Penalty), Chapter 5 Health & Safety (Pool Barriers), Chapter 6 Offenses (All Terrain Vehicles, Shooting, and Short Term Rentals), Chapter 10 Building (Required Permits), and Chapter 11 Streets & Public Way (Road Maintenance & Signs in the Rights of Way). The Carefree/Cave Creek Consolidated Court will not accept any citations on Chapters 10 & 11 because the penalties in Carefree's Town Code do not align with those in the State Statute, which changed since Carefree's were written. Carefree's penalties are only about half those of the State Statute.
Vice Mayor John Crane said it seemed as if Carefree was just fixing the text of the Town Code. Ms. Bridge-Denzak replied that Carefree is aligning the language and penalties with the State language and penalties in order to render the related Town Codes enforceable.
Mayor Peterson said they had been discussing Chapter 10 Building, Comprehensive Building Safety Code Penalties and Violations, which starts out, "Any person, firm or corporation". Part of what is being questioned is an LLC and LLP, and if it needs to be expanded and made more precise to include all of the legal entities that could be building.
Councilman Stephen Hatcher explained that the word "firm" doesn't really mean anything. Vice Mayor Crane suggested that might be a throwback to when it was written 20 years ago. Ms. Bridge-Denzak said she thought that term is part of the Town Code relating to building and anything related to permits and construction. That language inclusively captures anything related to any of those types of activities. Councilman Mike Johnson reminded the Council that there are all types of business entities and suggested replacing "person" with "sole proprietor". No residents who were attending online had any additional comments.
The Mayor said suggested changes would be incorporated into the text and the second reading would be held the following month.
https://vimeo.com/662497229
The second reading of Ordinance 2022-01, amending the Town Code to clarify and correct penalties as defined throughout, was unanimously approved at the February 2nd Council meeting.
Lyn Hitchon
Prepared by Carefree Truth
Copyrighted
Visit our website at www.carefreetruth2.com If you know anyone who would like to be added to the Carefree Truth email list, please have them contact me. Feel free to share Carefree Truth with others on your list.
Visit www.carefreeazbusinesses.com to see more info about businesses in Carefree. Please support our merchants.