OFFENSES INVOLVING PROPERTY RIGHTS

Gilbert Town Code ch. 42, art. II

in effect

Gilbert Town Code § 42-31 Damage to property; malicious mischief.

Sec. 42-31. - Damage to property; malicious mischief. (a) It is unlawful for any person to damage in any manner or tamper with any pipeline, water hydrant, streetlamp or streetlight, or the fixtures and appliances used in connection with pipelines, water hydrants, streetlamps or streetlights of the town, or any other property of any and every character belonging to the town. (b) It is unlawful for any person to wilfully injure, disfigure, or destroy any monument, work of art, or useful or ornamental improvement or any shade trees or ornamental plant growing therein, whether situated upon private ground, or on any street, sidewalk, or public park or place where such person is not the owner thereof. (c) It is unlawful for any person to maliciously cut, tear, deface, break, or injure any book, map, chart, picture, engraving statue, coin model, apparatus or other work of literature or art, or mechanics, or objects of curiosity, deposited in any public library, gallery, museum, collection, fair or exhibition. (d) It is unlawful for any person to deface, walk, ride or drive upon or over the sidewalk or street crossing composed of or containing cement, during the construction thereof, or before the same is open to public use. (e) It is unlawful for any person to damage in any manner any road, street or bridge in the town limits by using the same, by heavy vehicles, malicious destruction or by any act that will result in damage to any such road, street or bridge. (f) It is unlawful to break or destroy any window, door or part of any dwelling owned or occupied by another or to break or sever from any premises owned or occupied by another any gate, fence, railing, tree, brush or vine or any property whatsoever, or to deface, mutilate or injure the same. (g) It is unlawful for any person without proper authorization to knowingly remove, destroy, alter, deface, or cover any political sign in the town. "Political sign" under this subsection means any sign erected for the purpose of influencing an election, whether the election of a candidate or other election. This subsection does not preclude a candidate or the authorized agent of a candidate in support of whose election the sign was placed, a person or authorized agent of a person who places a political sign for a non-candidate election, or the owner or authorized agent of the owner of private property on which the signs are placed with or without permission of the owner, from removing a political sign. This subsection does not apply to signs placed in violation of state law, or county, city or town ordinance or regulation. Violation of this subsection is a class one misdemeanor. (h) It is unlawful for any person to damage, deface, remove or cause harm in any manner to any public monument, memorial or historical marker erected in Gilbert. (Code 1984, § 10-1-3; Ord. No. 1429, § I, 10-29-02; Ord. No. 2314, § I, 12-9-10)

Gilbert Town Code § 42-32 Prohibition of graffiti.

Sec. 42-32. - Prohibition of graffiti. (a) Purpose and intent. The purpose of this section is to provide a program for abatement of graffiti from public and private property to protect public safety and to expedite removal of graffiti from structures on both public and private property. The town council finds and determines as follows: (1) Graffiti constitutes a public nuisance and a threat to public safety which must be abated to alleviate the detrimental impact of such graffiti on the town, and to prevent the further spread of graffiti. (2) Certain categories of graffiti which incite violence are especially harmful and must be removed as quickly as possible to avoid or minimize harm to persons and the whole community. (b) Definitions. For the purposes of this section, the following words and terms shall have the meaning ascribed thereto: Aerosol paint container means any aerosol container which has a writing surface which is one-half of an inch or greater and containing anything other than a solution which can be removed with water after the solution dries. Broad tip marker means any marker or similar implement which has a writing surface which is one-half of an inch or greater and containing anything other than a solution which can be removed with water after the solution dries. Graffiti means drawing or inscribing a message, slogan, sign or symbol or mark of any type on any public or private building, structure or surface without the express permission of the owner. Graffiti implement means an aerosol paint container, broad tip marker, paint stick, graffiti stick or bleeder. Paint stick, graffiti stick, or bleeder means an implement containing paint, wax, epoxy, or other similar substance. Responsible party means an owner, occupant, lessor, lessee, manager, licensee, or other person having the right to control such property. (c) Making of graffiti; possession of graffiti implements. (1) No person shall make graffiti of any type on any building, public or private, or any other property, real or personal, owned by any person, corporation, or public agency or instrumentality without the express permission of the responsible party. (2) A person is guilty of possession of graffiti implements when he or she possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances evincing an intent to use same in order to damage such property. Possession of an unsealed aerosol paint container or other graffiti implement in a public building, park, facility or alley shall be presumptive evidence of intent to use same in order to damage such property. (3) Violation of this subsection by an adult is a misdemeanor, punishable by a term of not less than 48 hours in jail and not less than 80 hours of community service. Violation of this subsection by a juvenile is a misdemeanor, punishable as provided for in Title 8, Arizona Revised Statutes. In addition to any fines imposed, individuals found guilty of a violation of paragraph (1) of this subsection shall pay to the town and the responsible party reasonable restitution for costs incurred to abate the graffiti. (d) Limiting access to graffiti implements. (1) No person other than a parent or legal guardian shall sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any person under the age of 18 years. (2) Evidence that a person, his or her employee, or agent demanded and was shown acceptable evidence of majority and acted upon such evidence in a transaction or sale shall be a defense to any prosecution under this section. Acceptable evidence of majority shall include, but is not limited to, driver's license, or state-issued identification or military identification. (3) This subsection does not apply to the transfer of graffiti implements from parent to child, guardian to ward, employer to employee, teacher to student or in any other similar relationship when such transfer is for a lawful purpose. (4) Violation of this subsection is a misdemeanor, punishable by a term of not less than 48 hours in jail and not less than 80 hours of community service. (e) Storage and display of graffiti implements. (1) No person who owns, conducts, operates or manages a business where aerosol paint containers or broad tip markers are sold, nor any person who sells or offers for sale aerosol paint containers or broad tip markers, shall store or display, or cause to be stored or displayed, such aerosol paint containers or broad tip markers in an area that is accessible to the public without employee assistance in the regular course of business pending legal sale or other disposition. (2) Nothing herein shall preclude the storage or display of aerosol paint containers and broad tip markers in an area viewable by the public so long as such items are not accessible to the public without employee assistance. (3) Violation of this subsection is a civil offense, subject to a fine of not less than $100.00 for the first offense and not less than $500.00 for each subsequent offense. (f) Graffiti prohibition and removal. (1) Graffiti prohibited. All sidewalks, walls, buildings, fences, signs, and other structures or surfaces shall be kept free from graffiti when the graffiti is visible from the street or other public or private property. (2) Town's authority to abate. The town or its authorized private contractor is expressly authorized to enter private property and abate graffiti thereon in accordance with this section. The town police department shall assist in the enforcement of this section. (Ord. No. 1084, § I, 1-20-98)

Gilbert Town Code § 42-33 Discharge of water into town drainage basins.

Sec. 42-33. - Discharge of water into town drainage basins. It shall be unlawful for any person to discharge, or permit to be discharged, water from a swimming pool or similar facility into a town-owned drainage basin without first receiving permission from the director of public works. (Ord. No. 1620, § I, 2-1-05; Ord. No. 2706, § I, 4-4-19)

Gilbert Town Code § 42-34 Light and glare.

Sec. 42-34. - Light and glare. (a) Purpose; findings. The town council finds that excess light can and does interfere with the private enjoyment of property, causes safety hazards to the driving public which can result in accidents and injury, and interferes with astronomical observations. The council further finds that excess light and light trespass constitute nuisances. The elimination of excess light is in furtherance of the health, welfare and safety of the residents and driving public of the Town of Gilbert. (b) General. Outdoor lighting shall be required for safety and personal security in areas of public assembly and traverse for multi-family developments, as well as municipal, commercial, industrial, and institutional uses where there is outdoor public activity during hours of darkness. Glare and light trespass control shall be required to protect inhabitants from the consequences of stray light shining in inhabitants' eyes or onto neighboring properties. Light pollution control shall be required to minimize the negative effect of misdirected upward light. The glare, light trespasses and light pollution requirements of this division shall apply to all uses, including residential. These standards implement the town's general plan. (c) Outdoor lighting. Outdoor lighting shall be designed so as to meet the following goals: (1) Reduce impact of outdoor lighting on residential neighborhoods. (2) Provide minimal spill light in the nighttime sky. (3) Encourage the use of energy efficient lighting systems. (4) Provide a frame work for lighting practices as recommended by the Illuminating Engineering Society of North America. (d) Definitions. The following words, terms and phrases, when used in this section, shall have the following meanings ascribed to them unless the context clearly indicates a different meaning: (1) Filtered: The use of an outer lens, which serves to control the spectral distribution from a light source. The outer lens shall be glass, acrylic or some other translucent enclosure. Quartz glass does not comply with this requirement. (2) Full cutoff: Fixtures that are constructed in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. (3) Fully shielded: Providing internal and/or external shields and louvers to prevent brightness from lamps, reflectors, refractors, and lenses from causing glare at normal viewing angles. (4) Glare: The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility. Note: the magnitude of the sensation of glare depends upon such factors as the size, position, and luminance of the source and the luminance to which the eyes are adapted. (5) Installed: Set up and fixed in position for use. (6) Low wattage: If from an incandescent fixture, 150 watts or less; if from other sources, 70 watts or less. (7) Outdoor light fixtures: Artificial illuminating devices, lamps and other contrivance, located in the open air, not within an enclosed structure, that is permanent or portable, used for illumination or advertisement. Such devices include, but are not limited to, search, spot or flood lights for buildings and structures, recreational areas, parking lot lights, landscape lights, billboards and other signage and street lights. (8) Semi-cutoff: Fixtures constructed in a manner such that the bottom ledge of the lens extends below the bottom plane of the fixture, allowing minimal light. (e) Procedures for compliance. (1) All outdoor light fixtures shall comply with the requirements of this section. An applicant for a building, electrical or sign permit that involves installation of an outdoor light fixture shall include in the application evidence sufficient to demonstrate that the proposed work will comply with this section. All other persons intending to install outdoor light fixtures shall submit an application to the development services division demonstrating that the proposed work will comply with this section. (2) Contents of application. The application shall contain, but shall not necessarily be limited to, the following: a. Plans indicating the proposed type of outdoor light fixture and the location on the premises. b. A description of the outdoor light fixture, including supports and other appurtenant devices, including manufacturers' catalog cuts and drawings. c. Photometric data and a point-by-point diagram of the illuminated area. d. The plans and descriptions shall be sufficiently complete to enable the town to determine whether compliance with the requirements of this section will be met. If the town is unable to make such a determination from the plans and descriptions, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing laboratory. All test reports shall comply with procedures established by the American National Standards Institute (ANSI) and the Illuminating Engineering Society of North America (IES) for testing of outdoor light fixtures. (3) Issuance of permit. Upon compliance with this section, the building and code compliance department shall issue a permit for installation of the outdoor light fixtures, to be installed as in the approved application. In the event the application is part of a building permit application, the issuance of the building permit will be made if the applicant is in compliance with this section and other applicable laws, regulations, and codes. (4) Amendment to permit. If the applicant desires to change outdoor light fixtures after a permit has been issued, the applicant must submit all changes to the building and code compliance department for approval, with information as outlined in subsections (2)a, (2)b, (2)c, and (2)d above. (f) General requirements for shielding and filtration. All outdoor light fixtures, except those exempt from this section, shall be shielded as set forth below: (1) Low and high pressure sodium, metal halide, fluorescent, tungsten halogen, incandescent type lamp fixtures for the purpose of flood lighting, and architectural and site lighting shall be fully shielded. (2) Fluorescent type lamp fixtures used to illuminate outdoor advertising signs shall be mounted at the top of the sign structure and shall be fully shielded. (3) A filter shall be used for all metal halide and fluorescent uplight type fixtures. (4) Other types of outdoor light fixtures not specified in this subsection, and not specifically exempt from this section shall be shielded and/or filtered as determined by the code compliance officer. (g) Protection of adjacent properties. All outdoor light fixtures shall be designed to minimize spillage of light onto adjacent properties and to limit glare seen from adjacent properties. (1) No outdoor light fixture shall produce a level of illuminance at the property line which exceeds .3 foot-candles until one hour after close of business, at which time [it] shall not produce a level of illuminance which exceeds .1 foot-candles. This curfew does not apply to lighting required for public safety and security. The illuminance level shall be determined at a height of five feet above ground level, with the illuminance meter aimed towards the outdoor light fixture. (2) No intermittent, flickering or flashing lights shall be permitted. (3) All outdoor fixtures shall be set back from the nearest property line a minimum of ten feet or a distance equal to or greater than the height of the device above natural or excavated grade, whichever is greater, unless such fixture is shielded to meet/comply with requirements as set forth in subsection (c)(1). (h) Restrictions and prohibitions on use of specific outdoor light fixtures. (1) Except for emergency purposes, no person shall operate a searchlight within the town without obtaining a special event permit. No searchlight shall be operated between the hours of 11:00 p.m. and sunrise. (2) Illumination devices that are directed upward shall be fully shielded to prevent glare and shall not be illuminated after 11:00 p.m. (3) Building and pole mounted flood and spotlights shall be aimed so that the direction of the main beam is aimed at less than 45 degrees below horizontal and the level of illuminance at the property line does not exceed .3 foot-candles. The illuminance level shall be determined at a height of five feet above ground level, with the illuminance meter aimed towards the outdoor light fixture. (i) Exemptions. The shielding and filtration requirements set forth in this section shall not apply to the following: (1) Fossil fuel light, produced directly or indirectly by the combustion of natural gas or other utility-type fossil fuels. (2) Low wattage fixtures. Tungsten halogen lamps are not low wattage fixtures for purposes of this exemption. This device shall not provide illumination in excess of .25 foot-candles at the property line. (3) Airport navigational lighting systems. (4) Outdoor advertising signs constructed of translucent material and wholly illuminated from within (with sign permit). (5) Town streetlights and downtown Gilbert ornamental lighting. Streetlight and heritage district street lighting for the downtown business district are exempt from the provision of this section. (6) Construction and emergency lighting. Lighting necessary for construction occurring at night with a valid permit from the town, or without a permit if an emergency situation exists, is exempt from the provisions of this article, provided said lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting. (7) Outdoor recreational facility lighting. Outdoor recreational facilities shall include, but not be limited to ball fields, outdoor amphitheaters, outdoor arenas, driving ranges, tennis courts, or similar facilities. Outdoor recreational facility lighting is exempt from the provisions of this article if it is: a. Not illuminated after 10:00 p.m., except to conclude a recreational or sporting event or other activity in progress prior to 10:00 p.m.; and b. Shielded or designed to minimize up-light, spill light and glare. (j) Special conditions. The building and code compliance director may grant an exemption to the requirements of this section upon a written finding that extraordinary circumstances warranting such exemption exist and that there are no conforming outdoor light fixtures that would suffice. (k) Non-conforming outdoor light fixtures. This section shall not apply to outdoor light fixtures installed prior to the effective date of this section; however, such non-conforming outdoor light fixtures shall be extinguished, either automatically or manually, between 11:00 p.m. and sunrise. Non-conforming outdoor light fixtures shall not be altered, replaced, relocated or recreated unless brought into compliance with this section. This provision shall not apply to reasonable and normal repairs and maintenance to the fixtures that are necessitated by ordinary wear, weather or accident. Any change in use, replacement, structural alteration or restoration shall not be permitted for any fixture that has not been used for a period of 12 consecutive months, unless it is brought into compliance with this section. This provision shall not affect the ability of the town to abate a nuisance caused by light trespass. (Ord. No. 1620, § I, 2-1-05)

Gilbert Town Code § 42-35 Garage sales.

Sec. 42-35. - Garage sales. (a) Garage sales. Garage sales include carport sales and yard sales. (b) It shall be an offense to conduct garage sales which do not meet the following criteria without obtaining and maintaining a permit: (1) The garage sale shall be carried on wholly within the property line on which the dwelling unit is located. (2) The garage sale must sell items that are primarily surplus to the residential use. For example, the sale of 25 bicycles is not a garage sale. (3) The garage sale shall operate for not more than three consecutive days and shall only be held on three separate occasions within a calendar year. (4) The garage sale and related activity shall be limited to the hours between 6:00 a.m. and 9:00 p.m. (5) Adequate parking must be available for the garage sale. The activity shall not generate additional traffic that would create a traffic or safety hazard. (6) No more than three off-site temporary signs may be used. Signs may only be used during the hours that the garage sale is being conducted. Signs shall only be placed on private property and shall not be placed on any street or fixed structures such as lightpoles or traffic signs or signals. Placement criteria and all other applicable sign code restrictions shall apply. The owner is responsible for removal of signs at the end of the sale. (Ord. No. 1620, § I, 2-1-05)

Source: Town of Gilbert, Arizona, Town Code (Municode Library, library.municode.com)URL: https://library.municode.com/az/gilbert/codes/code_of_ordinances?nodeId=CO_CH42OFABPUNU_ARTIIOFINPRRIFetched: 11/1/2026