Three Arizona legislators representing Sedona, Sen. Ken Bennett, Rep. Celina Bliss, and Rep. Quan H. Nguyen, sent letters to Sedona Mayor Scott Jabrough and the Sedona City Council on June 5. , warned the city of Sedona of possible illegality. An ordinance regulating off-highway vehicles proposed by Jaburo.
In their public capacity, and after consulting with attorneys on Congressional staff, legislators warned the city that the bill was “intended to exercise police power,” adding that “Arizona’s courts have However, local governments ‘have no inherent police powers’.”
Lawmakers warn that “arizona courts have rejected municipal ordinances that conflict with state law…especially where such ordinances involve the state’s police powers.”
Lawmakers further added, “Thus, the proposed OHV ordinance would require legal authorization to be an acceptable exercise of police power,” prohibiting local governments from enacting or enforcing any regulation. Arizona Revised Code §28-626(B)(1). Any ordinance or regulation that is inconsistent with any part of Part 28 “unless expressly permitted”.
Legislators stated that under ARS §28-627(A), local governments may regulate certain aspects of roads and highways under their jurisdiction “within the reasonable exercise of police power.” , writes that you can specify the route of a particular road or highway. To allow OHV access to designated off-highway recreational facilities or OHV special events.
However, they said Jaburo’s proposed OHV ordinance would go beyond this authorization, saying it would “completely ban OHVs that do not meet OHV ordinance facility specifications on all highways within the city limits of Sedona.” rice field.
Lawmakers said the ordinance “not only conflicts with ARS §28-627(A)(13), which authorizes OHV operation on roads and highways, but also imposes equipment requirements for OHVs operating in this condition. It also conflicts with ARS §28-1179, which regulates.”
Mr Bennett, Mr Bliss and Mr Nguyen concluded, “Therefore, the OHV Ordinance is not an effective exercise of police power.”
Given these legal hurdles, lawmakers urged Jabrough and Congress to “advise whether or not they still intend to consider the OHV ordinance despite the legal concerns identified above. If so, please provide a legal analysis that explains how OHV is regulated.” Ordinances are authorized by state law. ”
On June 23, 2023, Jabrough replied to “Senator Bennett.” [sic], Congressman Bliss and Congressman Nguyen…Thank you for taking the time to respond to your legal counsel…I do not believe the proposed ordinance would preempt or violate state law. ”
“The city’s proposed safety ordinance is less restrictive than what the city can do,” Jabrough wrote. “ARS §28-1174(B) states, “Off-highway vehicles shall not operate on roads, trails, routes, or areas that are open as indicated in federal, state, county, or governmental agency rules or regulations.” “The City of Sedona has never indicated in any rules or regulations that the highways or roads are open,” it added.
Later, Jaburo’s reply stated: “Similarly, ARS § 28-1174(A)(3) states, “A person may not drive an off-highway vehicle on any road, trail, route, or closed area as indicated by the rules and regulations of the transit system. You must not.” federal agency, this state, county, or local government; ”
“The city has not yet declared OHV road closures,” Jaburo said in the letter. “At this time, the proposed ordinance would only require that vehicles, including OHVs, be driven safely on pavement or public roads within the city.”
“OHVs are not currently safe on pavement or public roads, according to manufacturers and relevant federal agencies, but there is an opportunity for manufacturers to make them safe to drive,” Jaburo added.
He cited letters from the US Consumer Product Safety Commission, the National Highway Traffic Safety Administration, the US Department of Transportation, and private OHV lobby groups in California.
“The city continues to work with stakeholders, including Coconino National Forest, the Greater Sedona Recreation Council, OHV manufacturers and local OHV rental companies, to find friendly solutions,” said Jaburo. He wrote, “We are proposing to have an OHV relay area on an outdoor city-owned property,” at the city boundary. ”
“To this end, the City has decided to postpone the public hearing on the OHV Ordinance to be held on June 27, 2023, to a later date,” Jabrough wrote in a June 23 letter, adding: rice field. Adopt the proposed ordinance. Thank you for your open dialogue on this issue. I look forward to further discussion and further information on this matter. ”
June 5 letter from Arizona Rep. Ken Bennett, Arizona Rep. Quan Nguyen, and Arizona Rep. Serena Bliss
2023.06.05-Sedona-OHV-Letter on Draft Ordinance
June 23 Response from Sedona Mayor Scott Jabrough
Letter from the Mayor to the Arizona Legislature – 6.22.23-1
