Enforcement, Violations, and Penalties

Enforcement, Violations, and Penalties

It is a civil traffic violation for any person to do any act forbidden or fail to perform any act required in this article, and each such violation is subject to a civil sanction not to exceed two hundred fifty dollars ($250.00). The Arizona Rules of Procedure in Civil Traffic Violation Cases apply to the citation and prosecution of any such violation.

 

Denial, confiscation, suspension, and revocation of permit.

In addition to the penalties and procedures prescribed in articles I and II of Chapter 17 of the Scottsdale Revised Code, the following provisions apply in this article:

  1. Violation of the requirements and restrictions of this article or of the permit may result in confiscation, suspension, or revocation of the permit, and may result in the denial of future permits.
  2. Any Peace Officer or the Permit Supervisor or his designee may confiscate a permit issued under this article when the driver, owner, applicant, or carrier is in violation of any permit restriction, any law of this state or any rule adopted by the director of the Arizona Department of Transportation governing the movement of vehicles on streets or highways, or the rules and regulations of this Article.
  3. Following permit confiscation, a Peace Officer or the Permit Supervisor or his designee may require that the affected vehicles, habitable structures, and loads be parked clear of traffic and remain parked until such time as the permit restrictions or the requirements of the rules and regulations of this article are met and a new permit is issued.
  4. Conformance to all the permit restrictions and vehicle certification is the responsibility of the applicant, its authorized agents, and the driver. A material misstatement of information on the permit application, or violation of the permit in size, weight, length, height, changing the boom position, dolly or trailer position, or any restriction stated on the permit may result in the confiscation, suspension and/or revocation of the permit, and no permit fee or portion thereof shall be refunded.
  5. The permit supervisor may deny an application for a permit requested pursuant to this article if the applicant knowingly made a misrepresentation, misstatement or material omission of information on the application. The permit supervisor may order that a person who is denied an envelope permit pursuant to this subsection is not eligible to reapply for a permit for a period of up to twenty-four (24) months from the date of the denial.
  6. The permit supervisor may deny an application for a permit requested pursuant to this article if the applicant's privilege to obtain a Scottsdale permit has been suspended within two (2) years of the date of the application.
  7. The Permit Supervisor or his designee may suspend or revoke a permit issued pursuant to this article if the permit supervisor or his designee determines that the permittee or his agent:
    1. Made a material misrepresentation or misstatement in the application for the permit.
    2. Violated or is violating either:
      1. A law of this state or a rule adopted by the director of the Arizona Department of Transportation governing the movement of vehicles on streets or highways.
      2. Any permit restriction or any rule or regulation of this Article.
  8. On determining that grounds for denial, suspension, or revocation of a permit exist, the Permit Supervisor shall give written notice to the applicant or permittee of the grounds for denial, suspension, or revocation. The notice shall require the applicant or permittee to appear before the Permit Supervisor or his designee at a specified time and place to show cause why a denied permit should be issued, or why an existing permit should not be suspended or revoked. The denial, suspension, or revocation is final if the applicant or permittee does not file a response within fifteen days of the date the notice of hearing was mailed or delivered.
  9. The applicant or permittee may appear and be heard at the hearing, may present testimony and other evidence at the hearing, and may have other persons, including legal counsel, present at the hearing. The Permit Supervisor or his designee shall preside at this hearing. The denial, suspension, or revocation is final if the applicant or permittee fails to appear at the hearing. Following the hearing, the Permit Supervisor shall make a written order that denies, grants, suspends, revokes, or reinstates the permit. The Permit Supervisor shall give written notice of this order either by having the order delivered personally to the applicant or permittee, or mailed to the applicant or permittee by registered mail, return receipt requested, posted with the United States Postal Service and addressed to the applicant or permittee either at the address shown on the permit application or at some other address as requested by the applicant or permittee. Notice shall be deemed given upon mailing or upon completion of personal delivery.
  10. A permit may be suspended for no more than two (2) years. If the permit is revoked, the person whose permit was revoked may be prohibited form obtaining a new Scottsdale permit under this article for two (2) years or more as specified in the Permit Supervisor's written order of revocation.
  11. If the Permit Supervisor determines that a person violated this article by failing to obtain a permit required under this article, the Permit Supervisor may suspend that person's privilege of obtaining future permits under this article for two (2) years by giving that person written notice of this suspension and the grounds for the suspension. This suspension may be for up to two (2) years from the date the notice of suspension was mailed to the last known address of the person whose privileges are suspended. A person whose privilege of obtaining a permit under this article has been suspended may, within fifteen (15) days from the date notice of suspension was given, request a hearing to show cause why the permit privileges should not be reinstated.
  12. The Permit Supervisor shall set the time and place of the hearing on the notice of suspension, and shall make a written order following the hearing determining whether the person's privilege to obtain a permit under this article should be reinstated. The Permit Supervisor shall give written notice of this order either by having the order delivered personally to the person who requested the hearing, or by mailing it to the person who requested the hearing by registered mail, return receipt requested, posted with the United States Postal Service and addressed to the person who requested the hearing either at the address shown on the permit application or at some other address as requested by that person. Notice shall be deemed given upon mailing or upon completion of personal delivery.
  13. The Permit Supervisor's orders regarding denial, suspension, and revocation are final unless appealed pursuant to Maricopa County Superior Court within thirty (30) days of the date notice of any such order was given or deemed given.

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