Ordinance O12-11-15 Title IX Code Amendment

City of El Mirage — Regular Meeting (2023-11-07)

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ORDINANCE O23-11-15 
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF EL MIRAGE, ARIZONA, 
AMENDING TITLE IX, SECTION 92.29 OF THE CODE OF EL MIRAGE RELATED TO CAMPING 
ON PUBLIC PROPERTY, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, 
PROVIDING FOR SEVERABILITY AND PENALTIES, 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 § 92.29 of the City Code to define “Publicly 
Owned Property” and set forth penalties for violation of this Section; 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; and 
 
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 Council of the City of El Mirage, Arizona, as follows:  
 
Section 1.  That certain document made a public record by Resolution R23-11-32, including Exhibit “A,” amending Title IX, 
Chapter 92 Parks, Section 92.29 Camping, Lodging Out-Of-Doors in Parks, On Public Property Prohibited of the Code of El 
Mirage, 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  All ordinances, resolutions, or codes in conflict with the provisions of this Ordinance are repealed.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.  Any person who after being notified by a law enforcement officer and provided the opportunity to relocate, fails to 
do so shall be subject to arrest for violation of paragraph (B) of Code Section 92.29 and the first violation of paragraph (B) of 
Code Section 92.29 shall be designated a Class 1 misdemeanor. 
 
          PASSED AND ADOPTED by the Common Council of the City of El Mirage, Arizona, this 7th day of November 2023. 
 
 
 
 
 
 
 
 
 
 
 
___________________________________ 
 
 
 
 
 
 
 
 
Alexis 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 O23-11-15 is a true, correct and accurate copy of Ordinance O23-11-15, passed and adopted at a Voting Meeting of the Council of the City of El 
Mirage, Maricopa County, Arizona, held on the ____day of ____________ 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 ____________, 2023. 
 
 
 
 
 
 
 
 
 
 
_____________________________________ 
 
 
 
 
 
 
 
 
 
 
Sharon Antes, City Clerk