Chapter
22
OFFENSES
— MISCELLANEOUS
Art. I. In General, §§ 22-1—22-39
Art. II. Smoking Pollution Control, §§
22-40—22-59
Div. 1. Regulation of Smoking, §§ 22-40—22-50
Div.
2. Regulation of Tobacco Products,
§§ 22-51—22-59
Art.
III. Neighborhood Enhancement and
Cleanup (Repealed), §§ 22-60—22-74
Art. IV. Alarm Regulations, §§ 22-75—22-90
Art. V. Fair Housing, §§ 22-91—22-99
Art. VI. Graffiti Vandalism, §§ 22-100—22-109
Art.
VII. Rental Housing Code
(Repealed), §§ 22-110—22-170
Art.
VIII. Transit, §§ 22-171—22-199
ARTICLE
I. IN GENERAL
Sec.
22-1. Prostitution; solicitation of
prostitution.
(a) No
person shall use or occupy any room in any hotel, roominghouse, dwelling house,
tenement or other building whatever for the purpose of prostitution.
(b) A
person is guilty of a misdemeanor who:
(1) Offers to, agrees to, attempts to commit,
or commits an act of prostitution;
(2) Solicits or hires another person to commit
an act of prostitution;
(3) Is in a public place or place open to
public view and by word, sign or action manifests an intent to commit an act of
prostitution; or
(4) Aids or abets the commission of any of the
acts prohibited by this section.
(c) The
following definitions shall apply to subsections (a) and (b):
(1) Prostitution
means the act of performing sexual activity for hire by a male or female
person.
(2) Sexual
activity means vaginal or anal intercourse, oral-genital or oral-anal
contact, masturbation, sodomy or bestiality.
(Code
1967, §§ 21-8, 21-9; Ord. No. 89.42, 7-27-89)
State law reference—Prostitution, A.R.S. § 13-3201 et seq.
Sec.
22-2. Enticing commission of lewd and
lascivious act.
A
person who entices by statements, suggestions, promises, threats, fraud,
gestures or artifice another person, male or female, to engage in the
commission of the infamous act against nature, fellatio, bestiality, buggery or
any other lewd or lascivious act as defined by state law with the intent of
arousing, appealing or gratifying the lust, passion or sexual desire of either
himself or any such other person in such a place as can be viewed by the
public, is guilty of a misdemeanor.
(Code
1967, § 21-17)
Sec.
22-3. Discharge of air rifles.
(a) Discharge
of an air rifle is a misdemeanor except:
(1) As allowed pursuant to the provisions of
Title 13, Chapter 4, Arizona Revised Statutes [A.R.S. § 13-401 et seq.];
(2) On a properly supervised range;
(3) In an area recommended as a hunting area by
the state game and fish department, approved and posted as required by the
chief of police, but any such area may be closed when deemed unsafe by the
chief of police or the director of the game and fish department;
(4) For the control of nuisance wildlife by
permit from the state game and fish department or the United States Fish and
Wildlife Service;
(5) By special permit of the chief of police; or
(6) As required by an animal control officer in
the performance of duties as specified in A.R.S. § 9-499.04.
(b) A
"properly supervised range" for the purposes of this section means a
range operated by a club affiliated with the National Rifle Association of
America, the Amateur Trapshooting Association, the National Skeet Association,
or any other nationally recognized shooting organization, any agency of the
federal government, the state, the county or the city, or any public or private
school, and, in the case of air or carbon dioxide gas operated guns or underground
ranges on private or public property, such ranges may be operated with adult
supervision.
(Code
1967, §§ 21-2, 21-3)
State law reference—Discharge of firearms, A.R.S. § 13-3107.
Sec.
22-4. Obstructing, interfering with use
of public ways.
(a) It
shall be unlawful for any person to obstruct any public street or alley,
sidewalk or park or other public grounds within the city by committing any act
or doing anything which is injurious to the health, or to do in or upon any
such streets, alleys, sidewalks, parks or other public grounds, any act or
thing which is an obstruction or interference to the free use of property or
with any business lawfully conducted by anyone, in or upon or facing or
fronting on any of such streets, alleys, sidewalks, parks or other public
grounds in the city.
(b) No
person shall obstruct or place any obstruction upon, across or along any
street, alley or sidewalk in any manner.
Code
1967, §§ 21-15, 30-1)
Sec.
22-5. Giving false information to police.
No person shall wilfully give false
information to any police officer in the exercise and performance of his duty
when such false information would interfere with, delay or obstruct the police
officer in the exercise and performance of his duty.
(Code
1967, § 21-20)
Sec.
22-6. Resisting, interfering with police.
No
person shall wilfully interfere with, resist, delay, obstruct, molest or
threaten to molest any police officer in the exercise of his duty.
(Code
1967, § 21-12)
State law references—Obstructing governmental operations,
A.R.S. § 13-2402; resisting arrest, A.R.S. § 13‑2508.
Sec.
22-7. Depositing excavated material.
(a) No
person shall deposit excavated material on any parcel of land within the city
without first having obtained written permission from the owner of the
parcel. Such written permission shall be
in the possession of any person depositing fill material. All excavated
material containing garbage, debris, trash, refuse, construction material or
other waste shall be deposited in accordance with chapter 28 of this code.
(b) Excavated
material shall be of natural earth material free from garbage, debris, trash,
refuse, construction materials and other waste.
Earth material is any rock, natural soil or fill or any combination
thereof.
(Code
1967, § 21-21)
Sec.
22-8. Curfew for juveniles;
responsibility of parents or guardians.
(a) Definition. In this section unless the context otherwise
requires:
(1) Emergency
means an unforeseen combination of circumstances or the resulting state that
calls for immediate action.
(2) Guardian
means a person who, under court order, is the guardian of the person of a minor
or a public or private agency with whom a minor has been placed by an
authorized agency or court; or least 21 years of age and authorized by a parent
or guardian to have the care and custody of a minor.
(3) Insufficient
control means failure to exercise reasonable care and diligence in the
supervision of the juvenile.
(4) Minor
means any person under eighteen years of age.
(5) Parent
means a person who is a natural parent, adoptive parent or step-parent of
another person.
(b) Offenses.
(1) It is unlawful for any minor under the age
of sixteen years to be in, about, or upon any place in the city away from the
property where the youth resides between the hours of 10:00 p.m. and 5:00 a.m.
of the following day.
(2) It is unlawful for any minor sixteen years
of age or older and under the age of eighteen years, to be in, about, or upon
any place in the city away from the property where the child resides between
the hours of 12:00 a.m. and 5:00 a.m.
(3) It is unlawful for a parent or guardian of
a minor to knowingly permit, or by insufficient control, allow a minor to
violate section (b)(1) or section (b)(2) as listed above.
(4) It is unlawful for a parent, guardian or
other person having the care, custody or supervision of the minor to fail or
refuse to take custody of the minor after such demand is made upon him by a law
enforcement officer who arrests the minor for violation of section (b)(1) or
(b)(2) as listed above.
(c) Defenses/Exceptions.
It
is a defense to prosecution under subsection (b), including (b)(3) of this
section that the minor was:
(1) Accompanied by the minor's parent or
guardian.
(2) With prior permission of the parent or
guardian, in a motor vehicle involved in interstate travel.
(3) With prior permission of the parent or
guardian, in an employment activity or going to or returning home from an
employment activity without any detour or stop by the most direct route.
(4) Involved in an emergency.
(5) With prior permission of the parent or
guardian, was engaged in reasonable, legitimate, and specific business and/or
activity. Examples include, but are not
limited to, a juvenile with prior permission of the parent or guardian,
attending an official school, religious or other recreational activity supervised
by adults who take responsibility for the minor, or going to or returning home
from an official school, religious or other recreational activity supervised by
adults who take responsibility for the minor.
(6) With prior permission of the parent or
guardian, engaged in a reasonable and legitimate exercise of First Amendment
rights protected by the United States Constitution.
(7) Married and 16 years of age or over, or in
the military.
(8) On the sidewalk abutting their residence or
on the next door neighbor's property with the consent of the neighbor.
(d) Enforcement.
(1) Before taking any enforcement action under
this section, a police officer shall attempt to ascertain the apparent
offender's age and reason for being in the place. The officer shall not issue a
citation or make an arrest under this section unless the officer reasonably
believes that an offense has occurred and that, based upon the circumstances,
the minor's responses and minor's conduct, no defense as provided in subsection
(c) of this section is probably present.
(2) In addition to any other powers he/she may
have, any law enforcement officer who arrests a minor for violating any of the
provisions of section (b)(1) or (b)(2) is also hereby empowered to demand of
the parent, guardian or other person having the care, custody or supervision of
the minor that such parent, guardian or other person come and take the minor
into custody. The law enforcement
officer is also empowered to take the minor to a designated location where
arrangements can be made for a parent, guardian or other appropriate party to
take the minor into custody. Should
there be a failure of the parent, guardian or other person to take custody of
such minor, the officer may then be empowered to take the minor home.
(e) Each
violation of the provisions of sections (b)(1), (b)(2), (b)(3) and (b)(4) shall
constitute a separate offense.
(f) A
person convicted of a violation of any provision of this chapter shall be
guilty of a class 1 misdemeanor punishable as set forth in § 1-7, Tempe City
Code. This offense is designated an
incorrigible offense for minors under the jurisdiction of the juvenile court.
(Code
1967, §§ 18-6.1—18-6.3, 18-7.1—18-7.3, 18-8.1; Ord. No. 93.43, 1-13-94; Ord.
No. 95.17, 5-11-95)
Sec.
22-9. Disclosure of information to
prospective buyers of single- or multiple-family residences, tenants and buyers
of mobile homes, mobile home lots or mobile home parks.
(a) Definitions. For the purposes of this section, the
following term, phrases, words and their derivations shall have the meanings
given herein. When not inconsistent with
the context, words used in the present tense include the future tense, words in
the plural number include the singular number, and words in the singular number
include the plural number:
(1) Buyer
means any person who purchases a newly constructed single- or multiple-family
dwelling or any person who purchases a single- or multiple-family dwelling that
has not been previously occupied since it was constructed. Any person who purchases a mobile home, a
mobile home lot or, individually or in conjunction with others, purchases a
mobile home park.
(2) City means the City of
(3) Person
means any individual, corporation, partnership, company and any other form
of multiple organization.
(4) Seller
means any person who sells to a buyer a newly constructed single- or
multiple-family dwelling or a single- or multiple-family dwelling that has not
been previously occupied since it was constructed. Any person who sells to a buyer a mobile
home, mobile home lot, mobile home park or mobile home subdivision, as defined
in the Zoning and Development Code, Section 7-114.
(5) Tenant
means any person who rents or leases, for a residence, a mobile home lot or a
mobile home which is attached to a lot or is located in a mobile home park.
(6) Landlord
means any person or corporation or partnership or other business entity who
rents or leases a mobile home lot or a mobile home to any tenant for
residential purposes.
(b) Required information. Every seller of a
single or multiple-family residence located in the city that has not been
previously occupied shall disclose information to any prospective buyer which
shall specify the zoning classification of the property to be sold, the zoning
classification of undeveloped land bordering the subdivision, that zoning
classifications are subject to change, the school district the buyer's children
will attend, which are also subject to change, the necessity for depressed
lots, the nature of the water, sewer and garbage services provided by the city,
the existence of neighborhood mailbox units, if the property is in the
proximity of a proposed freeway, the nature of the residential development tax,
the nonavailability of a product or service normally furnished by a public
utility and other pertinent information which may be required by the city. In addition, if the residence is located in
an overflight impacted area, as determined by the development services manager,
the statement shall disclose that the residence is in that area.
Every seller or landlord of a mobile
home, mobile home lot or mobile home park located in the city shall disclose
information to any prospective buyer or tenant which shall specify the zoning
classification of the property to be sold or rented, the zoning classification
of land bordering the property, that zoning classifications are subject to
change, the nature, structure and standard of all utility services, if the
property is in the proximity of a proposed freeway, and a statement of any
present intention to change the use of the mobile home park within one year of
tenant's moving into the park. If the
residence is located in an overflight impacted area, as determined by the
development services manager, the statement shall disclose that the residence
is in that area.
(c) Form. The required information shall be
disclosed on a written form which shall be signed by all parties. The seller or landlord shall cause the form
to be duly executed by the buyer, tenant, seller, landlord, broker, salesman
and rental agent, if any, on or before the close of escrow
or upon signing of the lease or upon the tenant's moving into the mobile home
or onto the mobile home lot, whichever occurs first.
(Code
1967, § 21-1.1; Ord. No. 744.2, 11-14-85; Ord. No. 97.20, 4-10-97; Ord. No.
2001.01, 7‑26-01; Ord. No. 2004.42, 1-20-05)
Sec.
22-10. Railroad speed limits.
(a) No
person shall run upon any railroad, or any part thereof, any train, locomotive
or engine in excess of the following designated speed limits within the
following designated areas:
From
the east city limits to the east intersection of Rural Road, any speed in
excess of sixty (60) miles per hour; from the east intersection of Rural Road
to the east intersection of College Avenue, any speed in excess of forty (40)
miles per hour; from the east intersection of College Avenue to the south
intersection of Thirteenth Street, any speed in excess of thirty (30) miles per
hour from the south intersection of Thirteenth Street to the bridge across Salt
River, any speed in excess of twenty (20) miles per hour.
(Code
1967, § 21-11)
Sec.
22-11. Unauthorized sale of motor
vehicles on private property.
(a) It
shall be unlawful for a person to park or place a motor vehicle, mobile home or
trailer upon the real property of another for the purpose of sale or lease
unless the real property owner has first obtained all required permits and
licenses for the sale or lease of motor vehicles at that location, including,
but not limited to, complying with all zoning requirements.
(b) The
owner or person in lawful possession of any land, property or building may
authorize the city to act as his agent for the purpose of complying with this
section. Such application shall be made
to the development services department and shall be accompanied by an
application fee established by the city council (see Appendix A). The applicant shall authorize the city to
post signs indicating that the sale or offer of sale of any new or used motor
vehicle, mobile home or trailer is prohibited on the applicant's property
together with information indicating any motor vehicle, mobile home or trailer
in violation of this section may be towed away by the city.
(c) The
police department shall either cite the violator or take charge of, remove and
keep in custody any unoccupied motor vehicle, mobile home or trailer of any
kind or description found violating any of the provisions of this section from
and after posting of the signs specified in subsection (b) above. The police department may promulgate
necessary and desirable rules and regulations to carry out the intent of this
section.
(Ord.
No. 86.09, 2-13-86; Ord. No. 97.20, 4-10-97)
Sec.
22-12. Failure to provide information.
Any
person who fails or refuses to provide evidence of his identity to a peace
officer, when such officer has reasonable cause to believe the person has
committed a violation of an ordinance of the city or any law of the state or
(Ord.
No. 86.48, 7-24-86)
Sec.
22-13. Urination, defecation in public
place.
(a) It
shall be unlawful for any person to urinate or defecate in, or upon any public
or private property except in toilet facilities provided therefor.
(b) Any
violation of this section shall be punishable as a petty offense, subject to a
maximum penalty of three hundred dollars ($300) per violation.
(Ord.
No. 92.39, 7-30-92)
Sec.
22-14. Possession of firearms,
exceptions.
(a) For
the purposes of this section:
1. "Minor"
means a person who is under the age of eighteen (18) years.
2. "Firearm"
means any loaded or unloaded pistol, revolver, rifle, shotgun or other weapon
which will or is designed to or may readily be converted to expel a projectile
by the action of an explosive or expanding gases, except that it does not include
an air rifle, air pistol, BB gun or a firearm in permanently inoperable
condition.
3. "Written
consent" means written approval or permission to possess a firearm,
which is on a form prescribed by the police department, signed by the child's
parent or legal guardian and notarized, and which specifically describes the
firearm as follows:
a. Type;
b. Manufacturer;
c. Caliber; and
d. Serial number.
(b) It
shall be unlawful for a minor to possess any firearm within the city without
the written consent of the child's parent or legal guardian. The original written consent form shall be
carried by the minor any time the minor is in possession of a firearm outside
the minor's residence.
(c) Any
firearm possessed by a minor in violation of this section shall be subject to
forfeiture in the same manner as authorized by Title 13, Chapter 39, Arizona
Revised Statutes.
(Ord.
No. 93.06, 2-11-93)
State law reference—Minors prohibited from carrying firearms,
exceptions; A.R.S. § 13-3111.
Sec.
22-15. Breastfeeding.
A mother may breastfeed her child in all
places open to the public where the mother and child are otherwise allowed to
be.
(Ord.
No. 2005.95, 12-1-05)
Sec. 22-16.
(a) Definitions. In this section, unless the context otherwise
requires:
(1) Pseudoephedrine product means any
product containing ephedrine or pseudoephedrine and includes any compound,
mixture or preparation that contains any detectable quantity of ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine or their salts,
optical isomers or salts of optical isomers.
Product packaging that lists ephedrine, pseudoephedrine,
norpseudoephedrine or phenylpropanolamine as an active ingredient shall
constitute prima facie evidence that the product is a pseudoephedrine product.
(2) Retail establishment means any place of
business that offers any pseudoephedrine product for sale at retail.
(b) The
operator of a retail establishment shall keep all products containing
pseudoephedrine behind a store counter or otherwise in a manner that is
inaccessible to customers without the assistance of the operator or an employee
of the establishment.
(c) A
person making a retail sale of a product containing pseudoephedrine shall
require a government-issued, photo identification from the purchaser and shall
record the purchaser's name, date of birth, quantity of pseudoephedrine product
purchased, transaction date and the initials of the seller.
(d) The
information required to be obtained by subsection (c) will be retained by the
retail establishment for a period of ninety (90) days, and will be considered a
confidential document that will only be available to the operator of the retail
establishment, and shall be available to the City of Tempe police department
officers, Arizona Department of Public Safety officers, Maricopa County
Sheriff's Department officers and other law enforcement officers.
(e) A
violation of this section is a class 1 misdemeanor.
(Ord.
No. 2006.14, 2-16-06)
Sec. 22-17. Sexual encounter centers.
(a) It is unlawful
for any person to own, manage, operate or provide a sexual encounter center as
defined in this section.
(b) Sexual
encounter center means a
non-medical business, which offers for any form of consideration:
(1) Activities between persons when one or more
of the persons is in a "state of nudity" as defined in § 16A-113; or
(2) The matching and/or exchanging of persons
for "specified sexual activities" as defined in § 16A-113.
(c) A violation of this section is a class 1
misdemeanor.
(Ord. No. 2007.07, 2-1-07)
Secs. 22-18—22-39. Reserved.
ARTICLE
II. SMOKING POLLUTION CONTROL
DIVISION 1. REGULATION OF SMOKING
Sec.
22-40. Purpose.
Since the smoking of tobacco or any
plant is a positive danger to the health and a material annoyance,
inconvenience, discomfort and a health hazard to those who are present in
confined spaces, and in order to serve the public health, safety and welfare,
the declared purpose of this article is to restrict the smoking of tobacco or
any plant within enclosed places, in particular, public places and places of
employment.
(Ord.
No. 86.06, 1-30-86)
Sec.
22-41. Definitions.
The following definitions shall apply
in the interpretation and enforcement of this article:
(a) Smoke
or smoking, as defined in this article, includes the:
(1) Carrying or placing of a lighted cigarette
or lighted cigar or lighted pipe or any other lighted smoking equipment in
one's mouth for the purpose of inhaling and exhaling smoke or blowing smoke
rings;
(2) Placing of a lighted cigarette or lighted
cigar or lighted pipe or any other lighted smoking equipment in an ashtray or
other receptacle, and allowing smoke to diffuse in the air; or
(3) Carrying or placing of a lighted cigarette
or lighted cigar or lighted pipe or any other lighted smoking equipment in
one's hands or any appendage or devices and allowing smoke to diffuse in the
air.
(b) Enclosed public place means any area
closed in by a roof and walls with openings for ingress and egress which is
available to and customarily used by the public. Enclosed public places
governed by this article shall include, but not be limited to, public areas of
grocery stores, waiting rooms, public and private schools, doctors' office
buildings, community centers, child care centers, public restrooms, all indoor
facilities and any public places already regulated by A.R.S. § 36-601.01
and restaurants/cafeterias, bars, sports bars, bowling alleys and billiard
halls. A private residence is not a
"public place".
(c) Bar shall mean an area devoted
primarily to alcoholic beverage service to which food service is only
incidental.
(d) Employee means any person who is
employed by any employer for direct or indirect monetary wages or profit.
(e) Employer means any person or entity
employing the services of an employee.
(f) Place of employment means any enclosed
area under the control of a private or public employer. A private residence is not a "place of
employment".
(g) Designated smoking area means any area
outdoors which is outside of any enclosed public place and removed from
building entrances and exits. Any
designated smoking area must be so situated as to allow nonsmoking individuals
to conduct normal activity in a smoke-free environment.
(h) Employee work area means any areas
within a place of employment, which share a common ventilation, heating or air
conditioning system.
(Ord.
No. 86.06, 1-30-86; Ord. No. 88.16, 2-25-88; Ord. No. 88.18, 2-25-88; Ord. No.
88.28, § 1, 3-31-88; Proposition 200, 5-21-02)
Sec.
22-42. Prohibition and regulation of
smoking in city-owned facilities.
(a) All
enclosed public places, places of employment and employee work areas owned,
leased or operated by the city shall be subject to this article.
(b) Smoking
is prohibited in all vehicles and enclosed public places, places of employment
and employee work areas owned, leased or operated by the city.
(Ord.
No. 86.06, 1-30-86; Ord. No. 94.02, 2-10-94)
Sec.
22-43. Prohibition of smoking in
enclosed public places.
(a) No
person shall smoke in any enclosed public place or place of employment except
outdoors in designated smoking areas.
(b) No
owner, manager, operator, employer or other person in control of any place
regulated by this article shall allow smoking in any enclosed public place or
place of employment except outdoors in designated smoking areas.
(Ord.
No. 86.06, 1-30-86; Proposition 200, 5-21-02; Ord. No. 2002.35, 8-8-02)