(1)   To conserve and promote the public health, safety, and general welfare by regulating the use of buildings, structures, and land and the intensity of land use for agriculture, residence, commercial, industry, and other purposes.

   (2)   To implement the adopted Town of Carefree General Plan.

   (1)   This Ordinance may be cited as "The 2004 Amended Zoning Ordinance for the Town of Carefree."

   (1)   Should any provision of this Ordinance be held to be unconstitutional or invalid, such action shall not apply to the Ordinance as a whole, and to this end the provisions of this Ordinance are declared to be severable so that all parts of the Ordinance not expressly declared to be invalid or unconstitutional shall continue in full force and effect.

   (1)   All Ordinances or portions of Ordinances in conflict with this Ordinance, or inconsistent with the regulations of this Ordinance, are hereby repealed to the extent necessary to give this Ordinance full force and effect.

   (1)   If any building, structure, land, or landscaping is used or proposed to be used or erected, constructed, reconstructed, altered, repaired, converted, or maintained in violation of the provisions of this Ordinance, the Town may use any one of the following actions to prevent or abate violation:

      (A)   Issue an order of abatement.

      (B)   Issue a Notice and Order to Comply.

      (C)   Pursue criminal prosecution.

      (D)   Issue a civil citation.

      (E)   Seek an injunction from Superior Court.

   (1)   Anyone violating any provision of this Ordinance shall, upon conviction, be punished by a fine of not more than two thousand five hundred dollars ($2,500.00), by imprisonment in a designated place of confinement for a term not exceeding six (6) months, by a term of probation not exceeding three (3) years, or by any combination of such fine, imprisonment, and probation.

   (2)   It is a separate offense for each and every day the violation is committed, continued, or permitted.

   (3)   The imposition of any sentence or fine shall not exempt the offender from compliance with the requirements of this Ordinance.

   (4)   The owner, lessee, tenant, and/or other person in possession of the property or use in violation are all and equally responsible for the violation(s).

   (5)   In addition, the Town may bring civil proceedings in a court of competent jurisdiction to enforce compliance with this ordinance including the prevention, restraining, and/or abatement of the violation(s).

   (6)   In addition, any violation is declared to be a public nuisance and the Town may enjoin or restrain said violation like any other nuisance under authority of any applicable Town or State law.

   (1)   In interpreting and applying the regulations of this Ordinance, the regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

   (2)   It is not intended by this Ordinance to interfere with, abrogate, or annul any Ordinance, rules, or regulations adopted before the effective date of this Ordinance and not in conflict with any of the regulations of this Ordinance, except, if this Ordinance imposes a greater restriction, this Ordinance shall control.

   (3)   Nor is it intended by this Ordinance to interfere with, abrogate, or annul any vested property rights, permits issued by the Town or any easements, covenants or other agreements between the Town and third parties entered into, adopted, and executed before the effective date of this Ordinance.

   (1)   This amended ordinance shall become effective on the 5th day of December, 2013.