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Ordinance 3243 - Archaeological Protection

ORDINANCE NO. 3243 AN ORDINANCE OF THE COUNCIL OF THE CITY OF SCOTTSDALE, MARICOPA COUNTY, ARIZONA, AMENDING ORDINANCE NO. 455, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF SCOTTSDALE, BY AMENDING SECTION 7.841 OF THAT ORDINANCE, AND AMENDING CHAPTER 46 OF THE SCOTTSDALE REVISED CODE BY ADDING A NEW ARTICLE VI, AS PROVIDED IN CASE NO. 4-TA-99, RELATING TO THE IDENTIFICATION AND PRESERVATION OF ARCHAEOLOGICAL RESOURCES WITHIN THE CITY AND THE MITIGATION OF THE EFFECTS OF DEVELOPMENT ON SUCH ARCHAEOLOGICAL, AND PROVIDING PENALTIES.

WHEREAS, the City Council of the City of Scottsdale finds that the identification and preservation of archaeological and the mitigation of the effects of development on such resources are in the interests of the health, prosperity and welfare of the people of the City of Scottsdale and that the adoption of regulations to accomplish these goals is for a public purpose, and

WHEREAS, the Environmental Design Element of the General Plan of the City of Scottsdale recommends and authorizes the development of a program to identify, record and evaluate the significance of archaeological sites and to treat such sites in a sensitive and appropriate manner, and

WHEREAS, the City Council intends to formalize the city’s commitment to identify and protect significant archaeological resources on public and private lands, to prevent the loss of valuable artifacts and the information provided by the artifacts, to preserve significant archaeological sites in place when possible, and to recover resources when necessary, and

NOW THEREFORE, BE IT ORDAINED, by the Council of the City of Scottsdale as follows:

Section 1: On the effective date of Section 2 of this Ordinance No. 3243, Section 7.841.A.2.C. of Ordinance No. 455, the Zoning Ordinance of the City of Scottsdale, is amended to read as follows:

C. Submittal requirements for archaeology surveys and reports and other requirements for archaeological resources shall be in accordance with Chapter 46, Article VI of the Scottsdale City Code.

Section 2: Chapter 46, Planning and Development, of the Scottsdale Revised Code is hereby amended by adding a new Article VI, Protection of Archaeological Resources, as set forth in that certain document entitled “Protection of Archaeological Resources Procedures and Regulations of the City of Scottsdale, Arizona,” three copies of which are on file in the office of the City Clerk, which document was made a public record by Resolution No. 5325 of the City of Scottsdale, Arizona, and which is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance.

Section 3: The following penalty provisions are added to Chapter 46, Article VI, of the Scottsdale Revised Code, and apply to any violation of the provisions of this Article as amended herein:

Sec. 46-137. Enforcement.

A. Classification of penalty.

1. Any person, firm corporation, partnership, or association whether as principal, owner, agent, tenant, or otherwise who violates, disobeys, omits, or refuses to comply with, or who resists the enforcement of any of the provisions of Chapter 46, Article VI, Protection of Archaeological Resources, is subject to a civil sanction.

2. A second or subsequent violation of any of the provisions of Chapter 46, Article VI, Protection of Archaeological Resources, within a two-year period following a finding of responsible to a civil violation of this Article shall be charged as a Class One (1) misdemeanor offense.

3. Each day any violation of any provision of Chapter 46, Article VI, Protection of Archaeological Resources, or the failure to perform any act or duty required by this Article continues shall constitute a separate violation.

B. Penalties.

1. Upon a finding of responsible to a civil violation, the court shall impose a civil sanction not to exceed one thousand dollars ($1,000.00), nor less than two hundred fifty dollars ($250.00).

2. Upon a conviction of a misdemeanor the court MAY impose a sentence in accordance with section 1-8(a) of the Scottsdale Revised Code and state law for class one misdemeanors.

3. Additional penalties for violation of any section or other part of Chapter 46, Article VI, Protection of Archaeological Resources are:

a. Any person who alters, removes, relocates, or demolishes any archaeological resource in violation of this Article shall be required to turn over any such resource, artifact, or object to the Historic Preservation Officer, and may be required to restore the archaeological resource to its appearance or setting prior to the violation. Any action to enforce this provision shall be brought by the City of Scottsdale. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty.

b. If any person removes or destroys an archaeological resource in violation of this Article, or removes such a resource from or on publicly- owned land or on a public right-of-way without a permit, then the Scottsdale business license of the company, individual, principal owner, or its or his successor in interest initiating (such as the developer or property owner) such removal or destruction shall be revoked for a period of three (3) years.

Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the public record adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.

PASSED AND ADOPTED by the Council of the City of Scottsdale this _____day of __________, 1999. ATTEST: CITY OF SCOTTSDALE, an Arizona municipal corporation By:___________________________ By:_________________________________ Sonia Robertson Sam Kathryn Campana City Clerk Mayor APPROVED AS TO FORM: By:___________________________ Fredda J. Bisman City Attorney ATTACHMENT #3