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AGENDA ITEM REVIEW FORM |
6.K.
Regular City Council Meeting
- Meeting Date:
- 02/12/2025
- Department Head:
- Kay Macuil
- Submitted By:
- Justin Neuman, Paralegal, Attorney's Office
Action Requested:
Motion
Ordinance
Ordinance
ITEM:
Discussion and possible action on any and all matters regarding Ordinance No. 459. An Ordinance of the Mayor and City Council of the City of San Luis, Arizona, amending Ordinance No. 455; requiring dog licenses; repealing conflicting provisions; and providing for severability. (Kay Marion Macuil, City Attorney)
A. Action on Reading of Ordinance No. 459 by title only
B. Action on Ordinance No. 459
A. Action on Reading of Ordinance No. 459 by title only
B. Action on Ordinance No. 459
SUMMARY:
Background
On September 25, 2024, the City Council passed Ordinance No. 455, restoring the requirements for dog licenses and rabies vaccinations and restating Chapter 6.05 to harmonize the definitions throughout the chapter. Recently, the City Prosecutor brought to our attention that the punishments found in Section 6.05.990 of Ordinance No. 455 have statutory maximums set within Arizona Revised Statutes. Sections 6.05.990(A) and 6.05.990(B) stipulate that offenders “…shall be punished by a fine not to exceed $750.00 or by imprisonment for not more than four months or by both such fine or imprisonment.” and “…shall be punished by a fine not to exceed $500.00 or by imprisonment for not more than 30 days or by both such fine or imprisonment…”, respectively. Although these figures are within the statutory maximum, they are redundant as:
1) Potential jail time and fine amounts are already defined within A R.S §13-707, A R.S §13-802, A R.S §13-803 and A R.S §13-902, respectively.
2) By defining jail time and fine amounts within the city code, the city is restricted to these figures in the event of statutory changes.
3) Changing this language to: “with maximum jail time governed by A.R.S. §13-707, maximum fine governed by A.R.S. §13-802 and §13-803, and probation by A.R.S. §13-902, or any successor statutes.” would allow this Ordnance to remain uniform with state law without the need for further amendments.
The Purpose of this Ordinance
This Ordinance removes the redundancy in Sections 6.05.990(A) and Sections 6.05.990(B) of Ordinance No. 455. In this case, the Ordinance puts in the words "with maximum jail time governed by A.R.S. §13-707, maximum fine governed by A.R.S. §13-802 and §13-803, and probation by A.R.S. §13-902, or any successor statutes.” and removes the words "“…shall be punished by a fine not to exceed … or by imprisonment for not more than … or by both such fine or imprisonment.”
On September 25, 2024, the City Council passed Ordinance No. 455, restoring the requirements for dog licenses and rabies vaccinations and restating Chapter 6.05 to harmonize the definitions throughout the chapter. Recently, the City Prosecutor brought to our attention that the punishments found in Section 6.05.990 of Ordinance No. 455 have statutory maximums set within Arizona Revised Statutes. Sections 6.05.990(A) and 6.05.990(B) stipulate that offenders “…shall be punished by a fine not to exceed $750.00 or by imprisonment for not more than four months or by both such fine or imprisonment.” and “…shall be punished by a fine not to exceed $500.00 or by imprisonment for not more than 30 days or by both such fine or imprisonment…”, respectively. Although these figures are within the statutory maximum, they are redundant as:
1) Potential jail time and fine amounts are already defined within A R.S §13-707, A R.S §13-802, A R.S §13-803 and A R.S §13-902, respectively.
2) By defining jail time and fine amounts within the city code, the city is restricted to these figures in the event of statutory changes.
3) Changing this language to: “with maximum jail time governed by A.R.S. §13-707, maximum fine governed by A.R.S. §13-802 and §13-803, and probation by A.R.S. §13-902, or any successor statutes.” would allow this Ordnance to remain uniform with state law without the need for further amendments.
The Purpose of this Ordinance
This Ordinance removes the redundancy in Sections 6.05.990(A) and Sections 6.05.990(B) of Ordinance No. 455. In this case, the Ordinance puts in the words "with maximum jail time governed by A.R.S. §13-707, maximum fine governed by A.R.S. §13-802 and §13-803, and probation by A.R.S. §13-902, or any successor statutes.” and removes the words "“…shall be punished by a fine not to exceed … or by imprisonment for not more than … or by both such fine or imprisonment.”
RECOMMENDATION / SUGGESTED MOTION:
A. I MOVE TO APPROVE THE READING OF ORDINANCE NO. 459 BY TITLE ONLY.
(CITY CLERK TO READ ORDINANCE NO. 459 BY TITLE ONLY)
B. I MOVE TO APPROVE AND ADOPT ORDINANCE NO. 459 AS PRESENTED.
(CITY CLERK TO READ ORDINANCE NO. 459 BY TITLE ONLY)
B. I MOVE TO APPROVE AND ADOPT ORDINANCE NO. 459 AS PRESENTED.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- No
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
N/A