Chapter
23
PARKS
AND RECREATION[1]
Art. I. In
General, §§ 23-l—23-15
Art.
II. Parks and Recreation Board,
§§ 23-16—23-34
(Repealed)
Art.
III. Park Rules, §§ 23-35—23-89
Div.
1. Generally, §§ 23-35—23-55
Div.
2. Park and Building Use Permit, §§ 23-56—23-70
Div.
3. Boating, §§ 23-71—23-80
Div.
4. Administration and Enforcement, §§ 23-81—23-89
Art.
IV. Urban Camping, §§ 23-90—23-99
Art.
V. Preserves, §§ 23-100—23-113
Div. 1.
Generally, §§ 23-100—23-109
Div.
2. Preserve Rules and Regulations, §§ 23-110—23-113
ARTICLE
I. IN GENERAL
Secs.
23-1—23-15. Reserved.
ARTICLE II. PARKS AND
RECREATION BOARD[2]
Sec.
23-16.
Repealed.
(Code
1967, § 22-4; Ord. No. 2008.01, 01-24-08)
Sec.
23-17.
Repealed.
(Code
1967, §§ 22-5—22-7; Ord. No. 2008.01, 01-24-08)
Sec.
23-18.
Repealed.
(Code
1967, § 22-8; Ord. No. 99.01, 2-4-99; Ord. No. 2001.17, 7-26-01;
Ord. No. 2006.25, 4‑6‑06; Ord. No. 2008.01, 01-24-08)
Sec. 23-19. Repealed.
(Code
1967, § 22-9; Ord. No. 2008.01, 01-24-08)
Sec.
23-20.
Repealed.
(Code
1967, § 22-10; Ord. No. 97.57, 12-11-97; Ord. No. 2001.17, 7-26-01; Ord. No.
2002.22, 8-1-02; Ord. No. 2006.25, 4‑6‑06; Ord. No. 2008.01,
01-24-08)
Sec.
23-21.
Repealed.
(Ord.
No. 99.01, 2-4-99; Ord. No. 2008.01, 01-24-08)
Secs.
23-22—23-34. Reserved.
ARTICLE III. PARK RULES
DIVISION 1. GENERALLY
Sec. 23-35. Exemptions;
interference with special events prohibited.
(a) Sections
23-36, 23-37, 23-37.1, 23-45, 23-46, 23-56 and 23-57 of this division shall not
apply during, or within the areas designated for, special events as permitted
by issuance of a permit pursuant to § 5-2 of this code.
(b) When
any special event as defined in § 5-2 of this code is conducted at any city
park, all persons not participating therein shall keep clear of participants in
the event.
(Ord.
No. 2007.21, 5-17-07)
Sec. 23-36. Hours of operation.
No person shall trespass upon or be
upon the grounds, other than public sidewalks or streets located therein, of
any city park, playground or golf course without the express written permission
of the official designated by the community services director, between the
hours of 10:00 p.m. and 6:00 a.m., unless otherwise posted; provided, however,
with respect to any city park, playground or golf course that is equipped with either
general area or athletic lighting which is functioning, the closing time may be
extended to 12:00 midnight.
(Code
1967, § 22-1; Ord. No. 637.6, § I, 12-13-84; Ord. No. 99.01, 2-4-99; Ord. No.
2001.17, 7-26-01; Ord. No. 2001.21, 10-18-01; Ord. No. 2006.25, 4‑6‑06;
Ord. No. 2007.21, 5-17-07; Ord. No. 2007.62, 9-6-07; Ord. No. 2010.02, 2-4-10)
Sec. 23-37. Operation of motor vehicles, horses.
No person shall drive or ride at any
time any automobile, truck, motorcycle, motor scooter, motorized play vehicle
or motorized skateboard as defined in §§ 19-1(b)(6) and (7) of this code, horse
or other motor vehicle or animal upon the grounds of any city park, playground
or golf course, except in public streets running through such premises or
within designated parking areas located upon the premises, without the express
written permission of the official designated by the community services
director.
(1) A maximum speed of five (5) m.p.h. shall be in effect at all times, unless otherwise
posted;
(2) Unlicensed motor vehicles or unlicensed
operators shall not be allowed on any park property. With the exception of city
vehicles or authorized maintenance vehicles, all motor vehicles shall remain on
surfaced roadways at all times; and
(3) Horses shall be allowed only on designated
bridle paths.
(Code
1967, § 22-2; Ord. No. 637.6, § I, 12-13-84; Ord. No. 99.01, 2-4-99; Ord. No.
2001.17, 7-26-01; Ord. No. 2001.21, 10-18-01; Ord. No. 2006.25, 4‑6‑06;
Ord. No. 2007.21, 05-17-07; Ord. No. 2010.02, 2-4-10)
Sec. 23-37.1. Parking of motor vehicles.
No person shall park any automobile,
truck, motorcycle, motor scooter, motorized play vehicle or motorized
skateboard as defined in §§ 19-1(b)(6) and (7) of this code, or other
motor vehicle upon the grounds of any city park, playground or golf course,
except within specifically designated parking areas during park hours.
(Ord.
No. 2001.21,
Sec. 23-38. Abusing facilities.
No person shall damage or wastefully or
improperly use the toilet, water and sewer facilities in any city park,
playground or golf course or cause the lighting facilities or electrical
appliances to be turned on or used without written permission of the official
designated by the community services director.
(Code 1967, § 22-3; Ord. No. 637.6,
§ I, 12-13-84; Ord. No. 2001.17, 7-26-01; Ord. No. 2006.25, 4‑6‑06;
Ord. No. 2010.02, 2-4-10)
Sec. 23-39. Use of water facilities.
No
person shall use any portion of any city park or city lake, lagoon or other
water facilities located in any city park or areas without the express written
permission of the official designated by the community services director or
designee.
(Code 1967, § 22-3.1; Ord. No.
637.6, § I, 12-13-84; Ord. No. 99.01, 2-4-99; Ord. No. 2001.17, 7-26-01; Ord.
No. 2006.25, 4‑6‑06; Ord. No. 2010.02, 2-4-10; Ord. No. 2011.04,
1-27-11)
Sec. 23-40. Prohibited activities.
(a) The
following activities are prohibited in all city parks, unless otherwise posted:
(1) No persons shall commit any act in a public
park or recreation facility so as to endanger the health and safety of
themselves or other park and recreation facility users;
(2) No person shall use any portion of any city
park or city-owned property for golfing purposes, or make use of any golf club
or golf ball in any city park or on city-owned property, except at places
designated for golfing;
(3) No person shall use any portion of any city
park or city-owned property for archery, firearm or other projectile-producing
devices;
(4) No person shall use any portion of any city
park or city-owned property for ice-blocking or sledding with any device;
(5) No person shall use any water source at any
city park or city-owned property for swimming or bathing, animal swimming or
bathing, washing clothes, cleaning fish or other unsanitary activities, except
at places designated for such activities;
(6) No person shall operate skateboards, roller
skates, in-line skates, bicycles or any rolling (nonmotorized) vehicles in city
parks where such activity is specifically prohibited by appropriate posting or
in an unsafe manner so as to infringe upon the safety of themselves or other
park users;
(7) No person shall possess any glass beverage
container, unless specifically authorized by a permit issued pursuant to §
23-56 of this chapter;
(8) No
person shall knowingly, intentionally or recklessly litter, break, throw, toss
or otherwise propel any glass object or container; and
(9) No person shall fly a kite, remote control
plane or similar aerial device within
(b) The
community services director or designee for
(Code
1967, § 22-3.2; Ord. No. 637.6, § I,
Sec. 23-41. Repealed.
(Code
1967, § 22-3.3; Ord. No. 637.6, § I, 12-13-84; Ord. No. 99.01, 2-4-99)
Sec. 23-42. Repealed.
(Code
1967, § 22-3.4; Ord. No. 637.6, § I, 12-13-84; Ord. No. 99.01, 2-4-99)
Sec. 23-43. Repealed.
(Code
1967, § 22-3.5; Ord. No. 637.6, § I, 12-13-84; Ord. No. 97.10, 2-13-97)
Sec. 23-44. Repealed.
(Code
1967, § 22-3.6; Ord. No. 637.6, § I, 12-13-84; Ord. No. 97.10, 2-13-97)
Sec. 23-45. Spirituous liquor in parks prohibited.
(a) The possession or consumption of spirituous
liquors in city parks is prohibited, except that malt beverages are allowed for
personal consumption with a one day permit issued by the community services
department, or by the designee of such department, pursuant to § 23‑56
of this code. The prohibition of
spirituous liquors in any city park shall be conspicuously posted near all
entrances to the park.
(b) This section does not apply to the
possession or consumption of spirituous liquors in connection with any
concessions authorized by the city at
(c) Any
person or persons guilty of violating any of the provisions of this section
shall be deemed guilty of a misdemeanor and punishable as set forth in
§ 1-7 of this code.
(Code 1967, § 22-3.7; Ord. No.
637.7, 2-28-85; Ord. No. 97.10, 2-13-97; Ord. No. 99.01, 2‑4‑99;
Ord. No. 2001.21, 10-18-01; Ord. No. 2006.25, 4‑6‑06; Ord. No.
2007.21, 5-17-07; Ord. No. 2010.02, 2-4-10; Ord. No. 2011.14, 6-2-11)
State law
reference—A.R.S. § 4-244.
Sec. 23-46. Sound amplification equipment.
It shall be unlawful for any person to
use any sound amplification equipment without first obtaining a permit for said
use issued by the community services department or the designee of such
department. The application fee shall be
established by the city council (see Appendix A). Permits shall be issued subject to the
following restrictions:
(1) Permits will only be issued to
(2) The permits shall be issued only for
(3) The amplification shall remain at an
acceptable sound level that does not disturb the reasonable use of the park
facilities by other users;
(4) The acceptable sound level shall be
determined by a representative of the community services department or the
police department and any permittee refusing to abide by their decision will
have their permit revoked immediately; and
(5) Permits will only be issued for functions
where music is an ancillary part of the function and no admission shall be
charged for any musical exhibition.
(Ord.
No. 86.29, § 1,
Sec. 23-47. Repealed.
(Ord.
No. 86.34, § 1,
Sec. 23-48. Repealed.
(Ord.
No. 87.20,
Secs.
23-49—23-55. Reserved.
DIVISION 2. PARK AND
BUILDING USE PERMIT
Sec. 23-56. When required; consideration of applications.
(a) A
permit shall be obtained from locations as designated by the community services
director whenever any person or group desires to consume malt beverages in any
city park or whenever any person or group desires to reserve any portion of the
public community services facilities for any activity. The community services director shall
interpret this division and may act in any case not specifically covered by
this division. Any request for a use not
contemplated or prohibited in this division may be forwarded to the city
manager who will take the matter before the city council for its consideration.
(b) A
permit for consumption of malt beverages will be issued only for consumption of
malt beverages in city parks of three (3) acres or more. The permit will be valid until sundown of the
requested permit date. An application
for a permit to consume malt beverages after sundown may only be issued if the
individual or group of persons also reserves a portion of the community
services facilities pursuant to paragraph (c) of this section. Malt beverages shall not be consumed within
the community services department's buildings or in any other portion of a
public park or recreational area at such times as recreational activities
organized by the community services department are being conducted.
(c) Department-organized recreation activities shall be given first
preference for use of the public community services facilities. Organizations using the facility must be
nonprofit and involve city residents. An
application for permission to reserve a community services facility or portion
thereof by persons or groups not officially a part of the community services department
shall be initiated at least two (2) weeks prior to the requested date, and have
written approval from the community services department; provided however, that
in extraordinary cases, an official designated by the community services director
may waive or shorten the two-week time period as set forth above.
(d) Any
permit or written approval issued pursuant to this section must be in the
possession of at least one person using the park or facilities and must be
shown upon request.
(Code
1967, § 22-11; Ord. No. 637.6, § II, 2-13-84; Ord. No. 97.10, 2-13-97; Ord. No.
2001.17, 7-26-01; Ord. No. 2006.25, 4‑6‑06; Ord. No. 2010.02,
2-4-10)
Sec. 23-57. Rules of conduct upon
approval; grounds for revocation.
(a) All
activities must be under competent, adult supervision, with the organization
using the facility assuming full responsibility for any damage to the facility
or the equipment. A responsible party
must be a city resident and be in attendance at the event. The community services department employee on
duty shall exercise authority over the organization or its activities. If the adult supervision is inadequate, it
shall be the responsibility of the community services employees on duty to
report same to the community services department. Cleanup of the contracted area will be the
responsibility of the user. The user
shall be charged on an hourly basis to pay for cleanup if it is necessary for
the city to provide additional cleanup services. The user fees or charges shall be established
by the city council and administered by the community services department;
provided, however, the city council may, in appropriate cases, waive the user
fee or charge. A cleanup deposit may be
required if deemed necessary. All fees
and charges are due one business day prior to use.
(b) All
permits shall be revocable for cause by an official designated by the community
services director upon the finding of a violation of any rule, this code or
other city ordinance or state statute. If
notice of cancellation of a request is not received at the community services
administration office at least forty-eight (48) hours prior to the date of the
event, the permit holder may be held responsible for all charges at the
discretion of an official designated by the community services director.
(c) No
apparatus (scenery, etc.) or furniture and equipment shall be moved into a
recreation facility unless special permission is granted in advance and so
stated in the permit. Such apparatus,
furniture or equipment (provided by the holder of the permit) shall be removed
promptly after use. Failure to comply
shall prohibit such groups from using facilities at a later date.
(d) The
organization using facilities shall indemnify the city for any and all damage
to the facility by any person or persons attending the affair, and all
liability and damages to any person or persons attending the affair, and all
liability and damages to any person for injuries, including death. Adequate insurance as determined by the risk
management office shall be provided by each organization using community
services facilities to cover such liability listing the city as an additional
insured. Responsibility for loss,
breakage or need for repair of any piece of the facility or area shall be upon
the individual signing the permit.
(e) Building
facilities and areas must be vacated by
(f) The
following specific rules shall be observed while using any facility and the
permittee shall be held responsible for any loss or damage growing out of such
violation.
(1) The use of tobacco in any facility in any
form shall be carefully controlled. No
smoking shall be allowed unless proper and adequate containers are provided;
(2) Nonprofit organizations using the facility
for charitable fundraising events must provide the community services
department a financial report or projection of monies expended and the
disposition of receipts. No permit for
charitable fundraising events shall be issued without the written approval of
the community services director; and
(3) Functions shall be confined to the specific
part of the facility assigned to the permittee.
(g) The
following activities shall be prohibited unless approved by the city council:
(1) Continuous use of building facilities for
religious services or political purposes;
(2) Activities not sponsored or conducted by a
city resident; or
(3) Profit-making functions.
(h) The
total number of people admitted for any usage shall not exceed the capacity of
the facility involved, as determined by an official designated by the community
services director and/or the city fire marshal.
(i) A
minimum of one community services department employee shall be on duty at all
times when community services department building facilities are
scheduled. He shall be responsible and
paid by the community services department, and no organization using a
community services building facility shall make any payment to such employee.
(j) The
use of special equipment shall be permitted only when operated by community
services department employees or other persons specifically authorized in the
permit. When used by other than
community services employees, and so stated in the permit, the special
equipment must be returned in the condition in which it was found (with the
exception of normal wear) or the user shall be responsible for repair or
replacement charges.
(k) No
material of any kind shall be attached to any part of the facility or area
without written permission of the official designated by the community services
director.
(l) Some
uses may require additional control personnel by the city as deemed necessary
by the official designated by the community services director. Additional personnel must be paid for by the
permittee.
(m) Concession rights shall be reserved unless specifically stated
otherwise in the permit. As to
concession rights, no helium balloons are permitted to be placed or sold within
Tempe Beach Park or Rio Salado Park. No
popcorn is permitted to be sold in
(n) No
community services department kitchen facility shall be used except as
specifically outlined by the official designated by the community services
department. Facilities must be cleaned
after use and approval inspection given.
(o) Continuous
use of facilities by clubs or enterprises shall be permitted through signed
agreements which shall be reissued as necessary. No permit shall exceed a period of time of one
year. Permits may be reissued each year with approval.
(p) When
an application for use of the facilities has been approved, notification shall
contain the date, hours of use, age of group, type of activity and the number
of participants.
(q) The
city noise ordinance must be adhered to at all times.
(Code
1967, § 22-12; Ord. No. 637.6, § II, 12-13-84; Ord. No. 2001.17, 7-26-01; Ord.
No. 2006.25, 4‑6‑06; Ord. 2007.21, 5-17-07; Ord. No. 2010.02,
2-4-10)
Sec. 23-58. Repealed
(Code
1967, § 22-13; Ord. No. 637.6, § II, 12-13-84; Ord. No. 2001.21, 10-18-01)
Sec. 23-59. Repealed.
(Ord.
No. 99.01, 2-4-99; Ord. No. 2007.21, 5-17-07)
Secs.
23-60—23-70. Reserved.
DIVISION 3. BOATING
Sec. 23-71. Exemptions.
The provisions of this division shall
not apply to:
(1) Any boat owned or operated by the city, or
any agent thereof, when such boat is being used to enforce the provisions of
this division or when such boat is being used to effect the rescue of any
person or property upon or in the waters of any city park or area;
(2) Any boat owned or operated by other law
enforcement agencies, when such boat is being used to enforce applicable state
law provisions;
(3) Any boat used by the city, or any agent
thereof, for the operation and maintenance of
(4) Any boat used for concessions as a part of
an agreement with the city; or
(5) Any boat used as part of an authorized
special event or with a special permit, except that the exemption only applies
to §§ 23-75 and 23-76.
(Code
1967, § 22-22; Ord. No. 99.01, 2-4-99)
Sec. 23-72. Applicable regulations.
All applicable city ordinances and
statutes of the state and all boating regulations of the state game and fish
department shall be observed while boating upon the waters of any city park or
area. In the event of a conflict between a city ordinance and a state statute
or regulation, the more restrictive provision shall prevail and be obeyed.
(Code
1967, § 22-21)
State law
reference—Boating and water sports, A.R.S. §
5-301 et seq.
Sec. 23-73. Permitted on certain
waters.
Notwithstanding the provisions of §
23-39, boating shall be permitted upon the waters of Town Lake and Kiwanis Lake
and upon such other waters as the council may hereinafter designate by
resolution, subject to the provisions of this division.
(Code
1967, § 22-14; Ord. No. 99.01, 2-4-99)
Sec. 23-74. Permit required; fees.
(a) In addition to such other registration as
is required by applicable law, no boat may be placed in the waters of any lake,
lagoon or other water facility located in any city park or area unless there is
affixed to the stern of such boat a city boating permit, to be issued by the community
services director. For
(b) Applications
for boating permits shall include the following:
(1) The owner's name and address;
(2) A description of the boat covered by the
permit;
(3) The state boat registration number of such
boat; and
(4) Such other information as the director of
the community services department or the designee of such department determines
to be necessary to fully accomplish the purposes of this division.
(c) Each
application for a boating permit shall be accompanied by a permit fee
established annually by the city.
(d) Each
boating permit issued by the community services director shall be valid only
during the calendar year of its issuance and may be renewed annually upon
reapplication accompanied by the permit fee, as set forth in subsection (c) of
this section.
(e) In
addition to permit fees, the city shall have the authority to establish a
nominal daily use fee for persons using
(f) Notwithstanding
any boating permit, the city may close any lake to public boating at any time,
if such closure is necessary for the operation and maintenance of the lake, or
if there is a potential threat to public health, safety or welfare.
(Code
1967, § 22-15; Ord. No. 99.01, 2-4-99; Ord. No. 2001.17, 7-26-01; Ord. No.
2006.25, 4‑6‑06; Ord. No. 2007.21, 5-17-07; Ord. No. 2010.02,
2-4-10; Ord. No. 2011.04, 1-27-11)
Sec. 23-75. Prohibited during certain
hours.
(a) No
boat shall be placed in or sailed, operated or floated upon the waters of any
city park or area between the times of sunset and sunrise as established by the
United States Naval Observatory or as posted by the director of the community
services department or the designee of such department.
(b) The
community services director or designee shall establish the hours for boats to
be placed in, sailed, operated or floated upon
(Code
1967, § 22-16; Ord. No. 2007.21, 5-17-07; Ord. No. 2010.02, 2-4-10; Ord. No.
2011.04, 1-27-11)
Sec. 23-76. Boat types regulated.
(a) Subject
to the provisions of subsection (b) of this section, no boat in excess of
fourteen (14) feet in length shall be placed in or sailed, operated or floated
upon the waters of any city park or area.
(b) Notwithstanding
the provisions of subsection (a) of this section, no canoe in excess of
seventeen (17) feet in length shall be placed in or sailed, operated or floated
upon the waters of any city park or area.
(c) No
inflatable rubber boat of less than six (6) feet in length shall be placed in
or sailed, operated or floated upon the waters of any city park or area.
(d) No
rafts, inner tubes, inflatable mattresses, catamarans, sail boards or paddle
boards shall be placed in or sailed, operated or floated upon the waters of any
city park or area.
(e) No
boat may be driven by or equipped with an electric motor or gasoline engine
while placed in or sailed, operated or floated upon the waters of any city park
or area.
(f) Notwithstanding
the provisions of subsections (a) through (e) of this section, the following
boat types for
(1)
Rowing
shells up to sixty (60) feet in length;
(2)
Inflatable
boats constructed with durable, reinforced fabric with two (2) air chambers of
six (6) feet or greater; boats must be able to float with only one chamber;
(3)
Pontoon
boats and utility boats with electric motors only, no gas motor shall be
attached to the boat;
(4)
Kayaks,
canoes, dragon boats, stand up paddle boards and outriggers of any length;
(5)
Peddle
boats;
(6)
Catamarans
and sailboats, subject to mast height not exceeding thirty (30) feet from water
surface level;
(7)
Motorized
boats used and operated for safety, emergency, lake maintenance, special events
and operation of the Rio Salado town lake.
In no case will motors other than four (4) stroke engines be permitted
on Rio Salado Town Lake; and
(8)
Watercraft
rented or leased from an authorized city boat concessionaire.
(g) The
community services director or designee may modify the list of permitted
watercraft on
(Code
1967, § 22-17; Ord. No. 99.01, 2-4-99; Ord. 2007.21, 5-17-07; Ord. No. 2011.04,
1‑27‑11)
Sec. 23-77. Personal flotation devices.
(a) Each
boat shall be equipped with at least one serviceable personal flotation device,
approved by the United States Coast Guard, for each person aboard such boat
while same is being operated upon the waters of any city park or area.
(b) The
provisions of subsection (a) do not apply to the operation of a racing shell or
rowing scull during competitive racing or training.
(c) Each
child twelve (12) years of age and under shall wear a serviceable Type I, II or
III personal flotation device, approved by the United States Coast Guard, at
all times while boating upon the waters of any city park or area.
(d) While
stand up paddle boarding, each person thirteen (13) years of age and over shall
wear a personal floatation device or ankle leash on
(Code
1967, § 22-18; Ord. No. 99.01, 2-4-99; Ord. No. 2007.21, 5-17-07; Ord. No.
2011.04, 1‑27-11)
Sec. 23-78. Prohibited boating
activities.
(a) No
boat shall be loaded or operated with passengers or cargo in excess of its safe
carrying capacity or the limitations on the manufacturer's load capacity plate.
(b) No
person shall navigate, direct or handle any boat in a careless, reckless or
negligent manner, or so as to interfere with the authorized use of the lake by
others, or in an area not designated for that boating use.
(Code
1967, § 22-19; Ord. No. 99.01, 2-4-99)
Sec. 23-79. Launching areas.
(a) All
boats that arrive by trailer shall be launched and removed from the water only
at designated boat ramps or launch areas provided for such purpose.
(b) No
person shall park or place any motor vehicle so as to block or obstruct the
launching area or the driveways leading thereto.
(Code
1967, § 22-20; Ord. No. 99.01, 2-4-99; Ord. No. 2007.21, 5-17-07)
Sec. 23-80. Repealed
(Code 1967, § 22-23; Ord. No. 2001.21,
10-18-01)
DIVISION 4.
ADMINISTRATION AND ENFORCEMENT
Sec. 23-81. Commencement of civil action, citation,
contents
All violations under this article are
civil unless otherwise specified, and shall be commenced by delivering a
citation to the person responsible for the violation.
(Ord.
No. 2001.21,
Sec. 23-82. Repealed.
(Ord. No. 2001.21,
Sec. 23-83. Repealed.
(Ord. No. 2001.21,
Sec. 23-84. Civil
fines and penalties imposed.
(a) The civil fine/penalty for violating any
provision of this article, unless otherwise specified, shall be not less than
one hundred dollars ($100) nor more than one thousand dollars ($1,000).
(b) In addition to the amount of the fine
imposed under subsection (a) above, there is imposed a default penalty in the
amount of fifty dollars ($50) should the defendant fail to appear and answer
for a violation of this article within the time period stated on the citation
or fails to appear at the time and place set by the court for a matter arising
under this article.
(c) The court may enforce collection of
delinquent fines and fees as may be provided by law. Any judgment for civil sanction pursuant to
this code may be collected as any other civil judgment.
(Ord. No. 2001.21,
Sec. 23-85.
Repealed
(Ord. No. 2001.21,
Sec. 23-86. Each day separate violations.
Each
day that a violation of this article is permitted to continue or occur by the
defendant shall constitute a separate offense subject to separate citation
pursuant to the provisions of this article.
(Ord. No. 2001.21,
Sec. 23-87. Habitual offender.
A
person who commits a violation of this article after having previously been
found responsible by the court on three (3) separate occasions for committing a
civil violation of this article within a twenty-four (24) month period, whether
by admission, by payment of the fine, by default, or by judgment after hearing,
shall be charged with a criminal misdemeanor pursuant to the general penalties
provision of § 1-7. The
(Ord. No. 2001.21,
Secs.
23-88—23-89. Reserved.
ARTICLE IV. URBAN
CAMPING
Sec. 23-90. Definitions.
The following words, terms and phrases,
when used in this article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Camp
means resident
in or using a public park, preserve, street or other public place for living
accommodation purposes; including, but not limited to, activities such as
erecting tents or any structure providing shelter, laying down bedding for the
purpose of sleeping, storing personal belongings, starting a fire, regularly
cooking or preparing meals, or living in a parked vehicle.
Preserve
means any real property designated by the city council as a preserve.
Public
park includes
all city parks and playgrounds.
Public street
includes all public streets and highways, public sidewalks, public benches and
public parking lots.
Public place includes public plazas, transportation facilities, schools,
attractions, monuments, and any improved or unimproved public area.
(Ord.
No. 97.25,
Sec. 23-91. Prohibited acts.
No person shall camp in any public
park, preserve, street or place; except in areas specifically for such use, or
specifically authorized by permit.
(Ord.
No. 97.25,
Sec. 23-92. Penalty.
Any person convicted of a violation of any
provision of this article shall be guilty of a class 1 misdemeanor punishable
as set forth in § 1-7 of this code.
(Ord.
No. 97.25,
Secs.
23-93—23-99. Reserved.
ARTICLE V. PRESERVES
DIVISON 1. GENERALLY
Sec. 23-100. Scope.
(a) The
provisions of this article shall apply exclusively to the properties designated
by the city council as a preserve, each and all of which shall be referred to
in this article as a preserve.
(b) If
there is a conflict between the provisions of this article and any other
provision of this code pertaining to parks, the provisions of this article
shall prevail.
(Ord. No.
2002.22,
Sec. 23-101. Purpose.
(a) The
purpose of a preserve is to establish a preserve of desert land as a habitat
for desert vegetation, wildlife and natural resources; and to protect
archaeological, paleontological and historical resources and sites, while
providing appropriate public access.
(b) A
preserve will be left in as pristine a state as possible to maintain for this
and future generations a nearby natural desert refuge from the rigors of urban
life.
(c) A
preserve will not contain traditional facilities or improvements associated
with a public park, but may contain facilities or improvements that the city
determines are necessary or appropriate to support its activities.
(Ord. No.
2002.22,
Sec. 23-102. Definitions.
The following words, terms and phrases,
when used in this article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Designated
and posted means identified by appropriate signs; or by established
physical barriers, including, but not limited to posts, branches or rocks; or
by other means reasonably calculated to give notice to the public.
Preserve
means any real property designated by the city council as a preserve.
Spirituous
liquor means alcohol, brandy, rum, tequila, mescal, gin, wine, porter, ale,
beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any
of them with any vegetable or other substance, alcohol bitters, bitters
containing alcohol, any liquid mixture or preparation, whether patented or
otherwise, which produces intoxication, fruits preserved in ardent spirits, and
beverages containing more than one-half percent of alcohol by volume or as
defined by A.R.S. § 4‑101, as it may be amended from time to time.
Trail means an
area or areas of a preserve that have been designated and posted as trails,
including historical trails if designated and posted.
Trailhead
means areas which have been designated and posted as trail access points
for a preserve.
(Ord. No.
2002.22,
Secs. 23-103—23-109. Reserved.
DIVISION 2. PRESERVE RULES
AND REGULATIONS
Sec. 23-110. Rules for use; criminal penalty.
(a) All
persons using a preserve shall comply with the following, except as may be
specifically authorized by a permit or permits issued as provided in
§ 23-112 of this article:
(1) No
person shall trespass upon or be upon the grounds without the express written
permission of the official designated by the community services director,
between the hours of 10:00 p.m. and 6:00 a.m., unless otherwise posted;
(2) No person shall possess or consume spirituous
liquors in a preserve;
(3) No motorized vehicles shall be allowed in a
preserve. This provision shall not be
construed, however, to prevent the use and operation of a motorized wheelchair
by a person who ordinarily uses such equipment, when the person is engaged in
activities otherwise permitted in a preserve;
(4) No camping shall be permitted in a preserve
as defined in § 23-90 of this chapter;
(5) No person shall remove, deface, damage,
disturb or excavate any materials from or in a preserve, or any historical,
prehistorical, archaeological, paleontological, or geologic site or feature
situated within a preserve, including, but not limited to, plants, rocks, any
other earth material, historical or other archaeological resources, such as
petroglyphs and dead or decaying plant materials;
(6) No person shall deface, damage or inscribe
a message, slogan, sign or symbol upon any natural feature in a preserve,
including the ground itself, using any material, including paint or markers of any
kind;
(7) No person shall destroy, dig up, mutilate,
collect, cut, harvest or remove any live or dead tree or plant material in or
from a preserve; and
(8) No person shall dig, remove or excavate any
sand, gravel, rocks or soil from within a preserve.
(b) Any person or persons guilty of violating
any of the provisions of this section shall be deemed guilty of a misdemeanor
and punishable as set forth in § 1-7 of this code.
(Ord. No.
2002.22,
Sec. 23-111. Rules for use; civil penalty.
(a) All
persons using a preserve shall comply with the following, except as may be
specifically authorized by a permit or permits issued as provided in
§ 23-112 of this article:
(1) No person shall park any automobile, truck,
motorcycle, motor scooter, motorized play vehicle or motorized skateboard as
defined in §§ 19-1(b)(6) and (7) of this code, or other motor vehicle upon the
grounds of a preserve except within specifically designated parking areas
during preserve hours;
(2) No person shall commit any act in a
preserve so as to endanger the health and safety of themselves or other
preserve users;
(3) No person shall use any portion of a
preserve for golfing purposes;
(4) No person shall use any portion of a
preserve for archery, firearm or other projectile producing devices;
(5) No person shall use any water source at a
preserve for swimming or bathing, animal swimming or bathing, washing clothes,
cleaning fish or other unsanitary activities, except at places designated for
such activities;
(6) No person shall operate skateboards, roller
skates, in-line skates, bicycles or any rolling (nonmotorized) vehicles in a
preserve;
(7) No person shall use any sound amplification
equipment in a preserve;
(8) No fires or cooking are allowed in a
preserve;
(9) No person shall damage or wastefully or
improperly use any city-owned improvements in a preserve.
(10) All preserve users must remain on designated
and posted trails to prevent damage to the land and all other areas shall be
considered “off limits” for any use;
(11) No person shall use any preserve facility, or
any area in a preserve which has been declared “closed” and which has been so
designated and posted by the city;
(12) The sale of food, beverages or other
merchandise is prohibited;
(13) No person shall feed, threaten, harass,
disturb or collect wildlife in a preserve;
(14) No person shall remove any wildlife from a
preserve, or release, abandon, place, bury or otherwise dispose of any animal,
carcass or remains of an animal in a preserve;
(15) Possession or use of fireworks in a preserve
is prohibited;
(16) No person shall tether, launch or land a hot
air balloon in a preserve, except in the case of emergency;
(17) Dogs are restricted to trailheads and
designated trails, except dogs being used by city police personnel or other law
enforcement officers in the course of their official duties;
(18) Dogs must be secured on a leash of not more
than six (6) feet at all times while in a preserve. The owner or custodian of a dog is
responsible for the acts and conduct of the dog at all times when the dog is in
a preserve;
(19) The owner or person in custody of a dog shall
immediately pick up all dog droppings (fecal matter), place them in a closed or
sealed container and deposit them into a trash receptacle or remove them from a
preserve. The owner or person in custody
of a dog must have in their possession a waste container for pick up purposes;
(20) No person shall ride a horse or other animal
upon the grounds of a preserve except horses being used by city police
personnel or other law enforcement officers in the course of their official
duties;
(21) No person shall throw, deposit or place any
commercial or non-commercial handbill in or upon any attended or unattended
vehicle parked or located in a preserve, or upon any structure within a
preserve;
(22) No person shall have a glass beverage container in a preserve; and
(23) No person shall knowingly, intentionally or
recklessly litter, or throw, toss or otherwise propel any glass object or
container in a preserve.
(b) All violations under this section are civil
and shall be enforced as specified in §§ 1-7 through 1-11 of this code.
(Ord. No.
2002.22,
Sec.
23-112. Permits;
exceptions.
(a) The provisions of §§ 23-110 and 23-111
shall not apply to persons or groups which have been issued a permit by the community
services director, or designee, to engage in such activities. Also the provisions shall not apply to city
police personnel or other law enforcement officers, fire department personnel
and other city employees in the course of their official duty; or others
authorized by the city to perform inspection, repair or maintenance work,
persons providing emergency, search and rescue, medical services or others on
preserve related business when authorized by the community services director.
(b) Any permit issued pursuant to this section
must be in the possession of at least one person using a preserve and must be
shown upon request.
(Ord. No.
2002.22, 8-1-02;
Ord. No. 2006.25, 4‑6‑06; Ord. No. 2010.02, 2-4-10)
Sec.
23-113. Authority to
establish additional rules and regulations.
The
community services director shall have the authority to make such additional
rules and regulations as are necessary to manage, use, preserve and govern a
preserve and the activities that are the subject of this article and shall do
so with the assistance of the parks, recreation and golf advisory board and,
when appropriate, the historic preservation commission. Copies of such rules
and regulations shall also be maintained on file in the office of the community
services director and at such preserve facilities, as applicable, to which the
resolutions and rules and regulations apply.
(Ord. No.
2002.22, 8-1-02;
Ord. No. 2006.25, 4‑6‑06; Ord. No. 2010.02, 2-4-10; Ord. No.
2010.03, 3-4-10)
[1]Cross references—Sponsorship review committee, § 2-205 et seq.; parks, recreation
and golf advisory board, § 2‑235 et seq.; Double Butte cemetery
advisory committee, § 2-295 et seq.; sales by mobile merchants in public
parks, § 24-29; trees and landscaping in public rights-of-way and parks, §
29-36 et seq.
[2]Editor’s note—Ord. No. 2008.01 repealed the parks and recreation board from Ch. 23
and it has been incorporated into Ch. 2, Art. V, Div. 17,
parks and recreation board, § 2-335 et seq. Ord. No. 2010.03 consolidated the golf
advisory committee and the parks and recreation board into the parks,
recreation and golf advisory board, § 2-235 et seq.