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          Parks and Recreation Board, §§ 23-16—23-34 (Repealed)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  Repealed.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  Repealed.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  Repealed.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  Repealed.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  Repealed.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  Repealed.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 I.  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 parks and recreation manager, 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)

 

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 parks and recreation manager.

 

         (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)

 


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, 10-18-01)

 

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 parks and recreation manager.

(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)

 

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 parks and recreation manager or, for Rio Salado Park, the Rio Salado project manager.

(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)

 

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 Tempe Beach Park or Rio Salado Park.

 

         (b)     The parks and recreation manager and, for Rio Salado Park, the Rio Salado project manager, is hereby delegated the authority to establish additional prohibited activities at specified parks.

(Code 1967, § 22-3.2; Ord. No. 637.6, § I, 12-13-84; Ord. No. 99.01, 2-4-99; Ord. No. 2001.17, 7-26-01; Ord. No. 2004.09, 4-1-04; Ord. No. 2006.25, 4‑6‑06; Ord. No. 2007.21, 5-17-07)

 

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 permit issued by the parks and recreation department, or by the designee of such department, pursuant to § 23‑56 of this code.  The permit will be available to city residents only and be good for one day. 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 Rio Salado Park.  Permits will not be issued for personal consumption of malt beverages on Rio Salado Town Lake.

 

         (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)

 

            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 parks and recreation 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 Tempe residents and be valid only for the day specified on the permit;

 

         (2)     The permits shall be issued only for Rio Salado Park, Kiwanis Park and Tempe Beach Park and shall designate in which areas of those parks the sound amplification equipment may be used;

 

         (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 parks and recreation 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, 4-24-86; Ord. No. 99.01, 2-4-99; Ord. No. 2006.25, 4‑6‑06; Ord. No. 2007.21, 5-17-07)

 

Sec. 23-47.  Repealed.

(Ord. No. 86.34, § 1, 5-15-86; Ord. No. 97.10, 2-13-97)

 

Sec. 23-48.  Repealed.

(Ord. No. 87.20, 7-9-87; Ord. No. 2001.21, 10-18-01; Ord. No. 2004.09, 4-1-04)

 

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 parks and recreation manager 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 parks and recreation facilities for any activity.  The parks and recreation manager 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 parks and recreation facilities pursuant to paragraph (c) of this section.  Malt beverages shall not be consumed within the parks and recreation department's buildings or in any other portion of a public park or recreational area at such times as recreational activities organized by the parks and recreation department are being conducted.

 

(c)     Department-organized recreation activities shall be given first preference for use of the public community services or parks and recreation facilities.  Organizations using the facility must be nonprofit and involve city residents.  An application for permission to reserve a community services or parks and recreation facility or portion thereof by persons or groups not officially a part of the community services or parks and recreation department shall be initiated at least two (2) weeks prior to the requested date, and have written approval from the community services or parks and recreation department; provided however, that in extraordinary cases, an official designated by the community services or parks and recreation manager 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)

 

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 or parks and recreation 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 or parks and recreation employees on duty to report same to the community services or parks and recreation 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 or parks and recreation 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 or parks and recreation manager 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 or parks and recreation 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 or parks and recreation manager.

 


         (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 or parks and recreation 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 10:00 p.m. unless permission is otherwise granted specifically in the permit and a fee may be assessed as per city fee schedule.  It is the responsibility of the permit holder to ensure that the policy is administered.  Programs shall be concluded in time to provide for cleanup and clearance of the facility as stated in the permit.

 

         (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 or parks and recreation 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 or parks and recreation manager; 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 or parks and recreation manager and/or the city fire marshal.

 


         (i)      A minimum of one community services or parks and recreation department employee shall be on duty at all times when community services or parks and recreation department building facilities are scheduled.  He shall be responsible and paid by the community services or parks and recreation department, and no organization using a community services or parks and recreation building facility shall make any payment to such employee.

 

         (j)      The use of special equipment shall be permitted only when operated by community services or parks and recreation department employees or other persons specifically authorized in the permit.  When used by other than community services or parks and recreation 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 or parks and recreation manager.

 

         (l)      Some uses may require additional control personnel by the city as deemed necessary by the official designated by the community services or parks and recreation manager.  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 Rio Salado Park.

 

         (n)     No community services or parks and recreation department kitchen facility shall be used except as specifically outlined by the official designated by the community services or parks and recreation 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)

 

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 Town Lake or Kiwanis Lake;

 

         (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 parks and recreation manager.  For Rio Salado Park, the Rio Salado project manager or designee shall issue all city boating permits.

 


         (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 manager of the parks and recreation 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 parks and recreation manager 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 Rio Salado Town Lake for boating or special event purposes.

 

         (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)

 

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 manager of the parks and recreation department or the designee of such department.

 

         (b)     The Rio Salado project manager shall establish the hours for boats to be placed in, sailed, operated or floated upon Town Lake.

(Code 1967, § 22-16; Ord. No. 2007.21, 5-17-07)

 

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 Rio Salado Town Lake shall be permitted:

 

(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 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 Rio Salado project manager may modify the list of permitted watercraft on Rio Salado Town Lake.

(Code 1967, § 22-17; Ord. No. 99.01, 2-4-99; Ord. 2007.21, 5-17-07)

 

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.

(Code 1967, § 22-18; Ord. No. 99.01, 2-4-99; Ord. No. 2007.21, 5-17-07)

 

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, 10-18-01; Ord. No. 2002.35, 8-8-02)

 

Sec. 23-82.  Repealed.

(Ord. No. 2001.21, 10-18-01; Ord. No. 2002.35, 8-8-02)

 

Sec. 23-83.  Repealed. 

(Ord. No. 2001.21, 10-18-01; Ord. No. 2002.35, 8-8-02)

 

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, 10-18-01)

 

Sec. 23-85.  Repealed.

(Ord. No. 2001.21, 10-18-01; Ord. No. 2002.35, 8-8-02)

 

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, 10-18-01)

 

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 Tempe city prosecutor is authorized to file a criminal misdemeanor complaint in the Tempe Municipal Court against habitual offenders who violate this section.  In applying the twenty-four (24) month provision, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed.

(Ord. No. 2001.21, 10-18-01)

 

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, 8-21-97; Ord. No. 2002.22, 8-1-02)

 

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, 8-21-97; Ord. No. 2002.22, 8-1-02)

 

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, 8-21-97)

 

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, 8-1-02)

 

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, 8-1-02)

 

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, 8-1-02)

 

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 parks and recreation manager, 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, 8-1-02; Ord. No. 2004.09, 4-1-04; Ord. No. 2006.25, 4‑6‑06)

 

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, 8-1-02; Ord. No. 2004.09, 4-1-04)

 

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 parks and recreation manager, 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 parks and recreation manager.

 

         (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)

 

Sec. 23-113.  Authority to establish additional rules and regulations.

 

         The parks and recreation manager 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 and recreation 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 parks and recreation manager 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)

 


 

 



    [1]Cross references—Sponsorship review committee, § 2-205 et seq.; golf advisory committee, § 2-235 et seq.; Double Butte cemetery advisory committee, § 2-295 et seq.; parks and recreation board, § 2-335 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.