1.15.010 Penalties.
A. Any person found guilty of violating any provisions of this code, except as otherwise specifically provided, shall be guilty of a class 1 misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $2,500 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues is a separate offense punishable as set forth herein or by civil sanction.
B. All penalty provisions of existing code provisions or city ordinances which specifically provide for maximum fines of less than $1,000 upon conviction are hereby amended to provide for a maximum fine of $2,500.
C. All penalty provisions of existing city ordinances which state that the maximum fine that may be imposed is $1,000 are hereby amended to provide for a maximum fine of $2,500 to read:
Any person found guilty of violating any provision of this ordinance shall be guilty of a class 1 misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $2500 or by imprisonment for a period not to exceed 6 months, or by both such fine and imprisonment. Each day that a violation continues is a separate offense punishable as set forth herein.
D. Civil Citation Authority.
1. Authority to Issue. The city manager or designee, city attorney, prosecutor or any peace officer or code enforcement officer or animal control officer may issue a civil citation or complaint pursuant to this code. Designee shall mean an individual employed by the city who has been authorized by the city manager, in writing, to issue civil code violations, such authorization shall be filed with the city clerk.
2. Commencement of Action.
a. A civil enforcement action may be commenced by issuance of a citation or complaint.
b. With the exception of SCC Title 10, in the alternative and in the sole discretion of a peace officer or the code enforcement officer, or other person given civil citation authority, an action for violation of this code, any amendments hereto or any order or regulation made hereunder and any ordinances, including the failure to act or perform any duty so required, may be commenced by issuance of a civil citation. Each day that any violation continues shall be a separate offense subject to civil sanction or criminal penalty as set forth in this section.
c. The civil citation shall be substantially in the same form and format as the Arizona traffic ticket and complaint standard form and shall direct the defendant to appear in the Sedona magistrate court at a time certain. The time for appearance shall be specified on the face of the citation and shall be in compliance with all Sedona magistrate procedures.
d. The citation shall further notify the defendant that if the defendant fails to appear on or before the date specified in the complaint, a judgment by default shall be entered against the defendant and the court may, in its discretion, impose a civil sanction not to exceed $2,500.
e. Service of the citation may be accomplished and shall be deemed proper and complete by any of the following methods:
i. Service shall first be attempted through personal service by having the defendant sign the citation with the promise to appear in court on or before the date specified on the face of the citation. If the defendant refuses to sign the citation, then service may be completed by hand delivering a copy of the citation to the defendant and notifying the court of the date and time of service.
ii. If personal service is unsuccessful, the citation may be served by mailing a copy of the citation to the defendant’s last known address by certified mail, return receipt requested.
iii. If the certified mail is returned as undelivered, a copy of the citation shall be posted in a conspicuous place on or about the entrance of the property where the violation occurred or posted in a conspicuous place on or about the entrance of the defendant’s last known address.
iv. In the event that service cannot be accomplished as set forth in this subsection, the defendant may be served by any means contemplated or allowed by the Arizona Rules of Civil Procedure or the Arizona Rules of Practice for the Superior Court.
3. Appearance by Defendant. The defendant shall appear within the time specified on the face of the citation in person or through the defendant’s attorney. Appearance shall be at the Sedona magistrate court. At the time of appearance, the defendant shall either admit or deny the allegations contained in the citation. In the event the defendant admits the allegations, the court shall enter judgment against the defendant and, in its discretion, may impose a civil sanction not to exceed $2,500 for the violation. If the defendant denies the allegations contained in the citation, the court shall set a date for the trial of the matter.
4. Default Judgment.
a. If the defendant fails to appear as directed on the citation, the court may enter a default judgment and may, in its discretion, impose a civil sanction not to exceed $2,500 for the violation.
b. If the defendant fails to appear for the trial, the defendant’s failure to appear shall constitute an admission of the offense and the court shall enter judgment against the defendant and may, in its discretion, impose a civil sanction not to exceed $2,500 for the violation.
c. In civil traffic violation cases, upon a failure to appear or failure to pay a civil sanction, the magistrate court may assess the defendant a default fee of $25.00.
d. A defendant who defaults on his or her obligation for payment of monies owed or due to the magistrate court including, but not limited to, restitution, fines, sanctions, surcharges, assessments, penalties, bonds, costs and fees, is liable for any fees assessed by a collection agency that is licensed pursuant to A.R.S. Title 32, Chapter 9, Article 2, or any successor statute, and is engaged by the magistrate court to collect and enforce such payment. The collection fees and charges shall be added to the sum or sums due from and chargeable against the defendant.
5. Rules of Procedure. The Arizona Rules of Court for Civil Traffic Violations may be followed by the Sedona magistrate court for civil citation proceedings under this section except as modified or where inconsistent with the provisions of this section, local rules, Arizona Revised Statutes or Rules of Court for courts in the state of Arizona.
6. Collection of Civil Sanctions. Any judgment for a civil sanction taken pursuant to this section may be collected as any other civil judgment. Such collection shall be in accordance with the common law of the state of Arizona, Arizona Revised Statutes and all other applicable rules and regulations. Said sanctions are subject to any exemptions contained in the laws of the state of Arizona. [Code 2006 § 1-8-1. Ord. 2013-01 § 1, 2-12-2013; Res. 2013-03 Exh. A, 2-12-2013; Res. 2020-21 § 1 (Exh. A), 10-27-2020; Ord. 2020-06 § 1, 10-27-2020].