O23-10-13 - Code Amendment Vaping, Food Vendors

ORDINANCE O23-10-13 
 
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF EL 
MIRAGE, ARIZONA, AMENDING TITLE IX, SECTION § 92.22 AND TITLE 
XV, § 154.093(C)(5) OF THE CODE OF THE CITY OF EL MIRAGE AND 
DECLARING AN EMERGENCY.   
 
WHEREAS, City Council wishes to update City codes from time to time to more accurately reflect 
current conditions and realistic needs of the City; and  
 
WHEREAS, the City of El Mirage would like to amend Title IX, Section § 92.22 of the City Code 
in order to clarify drug and tobacco free zone; and 
 
WHEREAS, the City of El Mirage would like to amend Title XV, Section § 154.093(C)(5) of the 
City Code in order to clarify temporary uses and structures – mobile food vendors, subject to the following 
conditions; and 
 
WHEREAS, Arizona Revised Statutes § 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, provided 
that the adopting ordinance is published in full; 
 
WHEREAS, it is necessary for the usual daily operation of the municipality and for the immediate 
preservation of the public peace, health, safety and general welfare of the City that this ordinance be 
declared an emergency and take effect immediately after Council approval. 
 
 
 
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE 
CITY OF EL MIRAGE, ARIZONA, as follows: 
 
Section 1.  That certain document titled “Exhibit A” which document was made public record by Resolution 
R23-10-28 amending Title IX, Section § 92.22 and Title XV, Section § 154.093(C)(5) of the Code of the 
City of El Mirage and declaring an emergency, is hereby referred to, adopted, and made part of the El 
Mirage City Code as if fully set out in this Ordinance.   
 
Section 2.  All ordinances, resolutions, or codes in conflict with the provisions of this Ordinance or Code 
adopted by this Ordinance are repealed. 
 
Section 3.  If any section, subsection, sentence, clause, phrase, or portion of this Ordinance in any part of 
this addition adopted here by reference is for any reason held invalid or unconstitutional by the decision of 
any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions 
thereof.   
 
Section 4.  The City Clerk is hereby directed to publish this adopting ordinance in full and will become 
effective at the time and manner prescribed by law. 
 
Section 5.  Due to the urgent need to protect the health, safety, and general welfare of the public, an 
emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its 
passage and approval by the Mayor and Council as required by law.

PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of El Mirage, 
Arizona this 17th day of October 2023. 
 
_____________________________ 
        Alexis A. Hermosillo, Mayor 
 
ATTEST: 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
____________________________ 
____________________________ 
 Sharon Antes, City Clerk 
 
 
 
        Justin Pierce, City Attorney 
 
 
 
CERTIFICATION OF RECORDING OFFICER 
 
STATE OF ARIZONA                                     ) 
County of Maricopa                                           ) ss. 
 
I, the undersigned, Sharon Antes, being the duly appointed, qualified City Clerk of the City of El Mirage, Maricopa County, 
Arizona, certify that the foregoing Ordinance O23-10-13 is a true, correct and accurate copy of Ordinance O23-10-13, 
passed and adopted at a Voting Meeting of the Council of the City of El Mirage, Maricopa County, Arizona, held on the 
17th day of October 2023, at which a quorum was present and, by a ______ vote,  ______ voted in favor of said ordinance. 
                         
Given under my hand and sealed this _____ day of ________________, 20___. 
 
 
 
 
 
 
 
 
 
 
 
_____________________________ 
 
 
 
 
 
 
 
 
 
Sharon Antes, City Clerk