O20-08-05 Chapter 32 Amendment

ORDINANCE O20-08-05 
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF EL 
MIRAGE, ARIZONA, AMENDING THE CITY OF EL MIRAGE CITY CODE, 
CHAPTER 32, TO REPEAL SECTION 32.043(f) AND ADD SECTION 32.010; 
CHANGING THE STANDING AUTHORITY TO UNILATERALLY DECLARE 
AN EMERGENCY FROM SOLELY THE MAYOR TO THE WHOLE COUNCIL; 
INCLUDING SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE; AND 
REPEALING CONFLICTING ORDINANCES. 
 
WHEREAS, A.R.S. § 26-311 authorizes a mayor of an Arizona incorporated city or town 
to unilaterally declare an emergency or local emergency to exist, if authorized by local ordinance 
or resolution;  
WHEREAS, El Mirage Municipal Code Section 32.043(F) provides the Mayor with 
standing unilateral authority to declare an emergency in accordance with A.R.S. § 26-311; and  
 
WHEREAS, the Council has determined that it is in the best interests of the City of El 
Mirage to remove that standing unilateral authority to declare an emergency from the enumerated 
powers of a single individual and place that authority in the hands of the full Council.  
 
NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF EL 
MIRAGE, ARIZONA, DO HEREBY ORDAIN AS FOLLOWS: 
 
Section 1. Chapter 32, Section 32.043(F) of the El Mirage Municipal Code is hereby 
repealed and reserved.  
 
Section 2. Chapter 32, Section 32.010 shall read as follows: 
(A) 
The Council may declare a local emergency to exist due to fire, conflagration, flood, 
earthquake, explosion, war, bombing, or any other natural or human-made calamity or 
disaster or in the threat or occurrence of riot, rout, affray, or other acts of civil 
disobedience which endanger life or property within the city. After declaration of an 
emergency, the Council shall impose all necessary regulations to preserve the peace 
and order of the city. The Council must vote every thirty (30) days for continuance of 
the emergency declaration. The emergency proclamation may include but shall not be 
limited to: 
1. Imposition of a curfew in all or any portion of the city; 
2. Ordering the closing of any business; 
3. Closing to public access any public building, street or other public place; and/or 
4. Calling upon regular or auxiliary law enforcement agencies and organizations 
within or without the political subdivision for assistance.  
 
Section 3. All ordinances, resolutions, or codes in conflict with the provisions of this 
Ordinance or Code adopted by this Ordinance are repealed.

Ordinance O20-08-05 
 
Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance 
or any part of these amendments to the El Mirage Municipal Code adopted herein is for any reason 
held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such 
decision will not be read to affect the validity of the remaining portions thereof.  
 
Section 5. This ordinance will become effective at the time and manner prescribed by law 
and shall not be retroactive in application.  
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE CITY OF EL 
MIRAGE, ARIZONA this _____ day of August 2020, by the following vote: 
 
AYES ______ NAYS ______ 
ABSTENTIONS ______ 
ABSENT ______ 
 
 
 
 
 
 
 
 
 
__________________________ 
 
 
 
 
 
 
 
Alexis Hermosillo, Mayor 
 
ATTEST: 
 
 
 
 
 
APPROVED AS TO FORM: 
 
_____________________ 
 
        
  
_________________________ 
Sharon Antes, City Clerk 
 
 
          Justin Pierce, City Attorney