IN GENERAL

Tucson Code ch. 11, art. I

in effect

Tucson Code § 11-1 Air guns, slings, bean shooters, etc.

Sec. 11-1. Air guns, slings, bean shooters, etc. It shall be unlawful for any person to shoot or discharge any bullet, stone, shot or other missile with or from an air gun, or with or from a sling or an elastic spring or bean shooter or any other like appliance within the city. (1953 Code, ch. 18, § 1)

Tucson Code § 11-2 Reserved. Editor's note – Ord. No. 10967, § 5, adopted February 28, 2012 and effective April 1, 2012, repealed § 11-2, which pertained to alarm systems, false alarms and penalties. The former section derived from Ord. No. 5527, § 1, adopted March 15, 1982; Ord. No. 6855, § 1, adopted December 7, 1987; Ord. No. 7627, § 2, adopted May 6, 1991; and Ord. No. 9975, § 2, adopted May 24, 2004. See now §§ 7-465 et seq.

Tucson Code § 11-3 Apiaries.

Sec. 11-3. Apiaries. An apiary is defined as one (1) or more hives, stands, boxes or other structures, natural or otherwise, containing bees. Sec. 11-3(1). Regulations. The following beekeeping regulations apply: (a) The density of apiaries in any zoning district except property zoned "SR" or "UR" pursuant to the section 23-30(a) and section 23-36(a) of the Tucson Code, shall not exceed one (1) hive, stand, box or other structure, natural or otherwise, containing bees for each twenty-five hundred (2500) square feet of lot area. (b) If bees are kept within thirty (30) feet of any exterior lot boundary line, a barrier shall be erected that will prevent bees from flying through it. Such barrier shall: (1) Be at least five (5) feet in height and shall consist of plant, hedge or any constructed material: (2) Extend at least thirty (30) feet beyond the apiary(s) in both directions. (c) Fresh, clean watering facilities for bees shall be provided on the premises. Sec. 11-3(2). Registration. (a) Each beekeeper shall register the beekeeping operation with the Arizona Commission of Agriculture and Horticulture. Sec 11-3(3). Penalty. Any person found responsible under this section shall be guilty of a civil infraction and punished in accordance with section 8-6 of the Tucson Code and the procedures outlined in chapter 8 of the Tucson Code. (Ord. No. 6447, § 1, 6-16-86; Ord. No. 8958, § 3, 9-22-97) (Ord. No. 6387, § 1, 2-10-86) Editors Note: Prior to its repeal and reenactment by § 1 of Ord. No. 6387, § 11-3 was entitled "Beekeeping" and was derived from 1953 Code, ch. 18, § 2 and Ord. No 2133, § 1, adopted Jan. 16, 1961. State Law References: Regulation of bees and apiaries generally, A.R.S. § 3-801 et seq.

Tucson Code § 11-4 Blasting.

Sec. 11-4. Blasting. Except with written consent of the city engineer, approved by the mayor and council, no person shall: Sec. 11-4(1). Blast rock or stone with powder, dynamite, nitroglycerine or any other explosive substance or compound within the city; Sec. 11-4(2). Carry on the business of blasting rock or stone with powder, dynamite, nitroglycerine or any other explosive substance or compound, or any business to which such blasting is an incident, within one (1) mile of the corporate limits of the city. (1953 Code, ch. 18, § 3)

Tucson Code § 11-5 Burning trash, other articles--Prohibited generally; declared nuisance.

Sec. 11-5. Burning trash, other articles--Prohibited generally; declared nuisance. The burning of garbage, rubbish, trash, grass clippings, tree prunings, waste trade materials, junk auto bodies or parts thereof, or tires, and any other articles in open fires, bonfires, incinerator or burning devices, or in other manner, outside of a regular building and within the city is hereby prohibited except as specifically permitted. Except as specifically provided, any such fire or burning is hereby declared to be a public nuisance and unlawful. (1953 Code, ch. 18, § 37a) Cross References: Fire protection and prevention generally, ch. 13.

Tucson Code § 11-6 Same--Permit required.

Sec. 11-6. Same--Permit required. No person shall kindle, suffer, maintain, authorize, or permit any open fire or bonfire, or use or operate with fire any incinerator or other burning device outside of a regular building within the city without the permit specified in section 11-7. (1953 Code, ch. 18, § 37a)

Tucson Code § 11-7 Same--Application for permit; issuance or denial; fee.

Sec. 11-7. Same--Application for permit; issuance or denial; fee. Upon application in writing therefor, the chief of the fire department, shall issue a permit for any of the fires or acts specified by the provisions of sections 11-5 and 11-6 when he has determined by examination and investigation of the premises and burning devices, if any, proposed to be used under such permit, that such fire or burning will not cause dense smoke, acrid or offensive odors or vapors, sparks, fly ash, or other harmful elements to travel more than one hundred (100) feet from the point of origin, or emanation thereof, in any area or neighborhood where buildings are closer together than one hundred (100) feet. In all other areas such permit may be granted when surrounding conditions, character and location of buildings, method of proposed burning, the devices used, or any other similar factors assure that such dense smoke, acrid or offensive odors or vapors, or other harmful elements resulting therefrom will not travel through or onto surrounding homes or buildings or will not injuriously or adversely affect neighboring areas. Whenever the fire chief shall determine and find that the granting of such permit will create a fire hazard because of the close proximity of buildings or other physical conditions present, no permit shall be issued or granted. No charge shall be made for such permit. (1953 Code, ch. 18, § 37a)

Tucson Code § 11-8 Same--Permit not required for cooking devices.

Sec. 11-8. Same--Permit not required for cooking devices. Notwithstanding the provisions of this section, no permit shall be required for the use and operation of homestyle broilers, barbecue pits, grills, or other similar cooking devices. (1953 Code, ch. 18, § 37a)

Tucson Code § 11-9 Same--Information shown on permit; failure to comply with conditions; duration.

Sec. 11-9. Same--Information shown on permit; failure to comply with conditions; duration. Each such permit issued shall specify the address and precise location, size, type, or kind of fire or burning operation covered thereby, the time or times permitted, the duration and limitation of hours thereof, if any, the expiration date of the permit, the kind, type or specifications of the burning device or devices, if any, to be used, and any other similar restrictions, specifications or limitations which shall be reasonably necessary to effectuate compliance with provisions of this section. Failure to observe and comply with the terms, conditions and limitations specified in any such permit shall constitute a violation of this section. No such permit shall be valid for a period of longer than six (6) months. (1953 Code, ch. 18, § 37a)

Tucson Code § 11-10 Same--Dense smoke defined; chart adopted.

Sec. 11-10. Same--Dense smoke defined; chart adopted. Dense smoke shall mean any smoke so heavy and thick that it substantially obscures any object from plain visibility, or any smoke through which an object can only be seen dimly, or any smoke which is heavy enough to substantially cloud and blanket the surrounding neighborhood atmosphere, or that smoke which has a density of number 2 or greater as established by the Ringelmann's Chart hereinafter referred to and adopted. The Ringelmann's Chart, as used in this section, shall be that standard published by the United States Bureau of Mines to determine the density of smoke as follows: "The Ringelmann Chart. The standard by which the density of smoke is to be measured will be the Ringelmann Chart, officially published by the United States Bureau of Mines. "Use of the chart will be made by placing it at such distance from the observer so that the squares appear as even shades of coloring, or when no white spaces between the lines are visible. Comparison of the smoke under observation with the various shades of the chart will then indicate the density of the smoke. Observation distances shall be not less than one hundred (100) feet nor more than one-quarter mile from the smoke observed." (1953 Code, ch. 18, § 37a)

Tucson Code § 11-11 Same--Penalty; abatement.

Sec. 11-11. Same--Penalty; abatement. In addition to the penalty provided by section 1-8, any such public nuisance may be abated and enjoined by the Superior Court, Pima County, Arizona, in a civil action therefor. (1953 Code, ch. 18, § 37a)

Tucson Code § 11-12 City property; squatting on prohibited.

Sec. 11-12. City property; squatting on prohibited. All persons entering upon, or assisting to enter upon; enclosing, or assisting to enclose; locating, or assisting to locate upon, or in any manner connected with the taking up, occupying, enclosing or assisting to enclose, or obstructing any authority of the city, for the purpose of taking possession, directly or indirectly, of any of the vacant or unoccupied lands, owned, claimed or held in trust by the city, in conflict with the ordinances providing for and regulating the sale of public lands, owned, claimed or held in trust by the city, shall be guilty of a misdemeanor. (1953 Code, ch. 18, § 5)

Tucson Code § 11-13 Criminal syndicalism and sabotage--Defined.

Sec. 11-13. Criminal syndicalism and sabotage--Defined. The term "criminal syndicalism," as used in this section, is hereby defined as any doctrine or precept advocating, teaching or aiding and abetting the commission of crime, sabotage or unlawful acts of force and violence or unlawful methods of terrorism as a means of accomplishing a change in industrial ownership or control or affecting any political change. The term "sabotage" is hereby defined as meaning willful and malicious physical damage or injury to physical property. (1953 Code, ch. 18, § 6)

Tucson Code § 11-14 Same--Acts prohibited.

Sec. 11-14. Same--Acts prohibited. Any person shall be guilty of a misdemeanor who: Sec. 11-14(1). By spoken or written words or personal conduct advocates, teaches or aids and abets criminal syndicalism or the duty, necessity or propriety of committing crime, sabotage, violence or any unlawful method of terrorism, as a means of accomplishing a change in industrial ownership or control, or affecting any political change; or Sec. 11-14(2). Willfully and deliberately by spoken or written words justifies or attempts to justify criminal syndicalism or the commission or attempt to commit crime, sabotage, violence or unlawful methods of terrorism with intent to approve, advocate or further the doctrine of criminal syndicalism; or Sec. 11-14(3). Prints, publishes, edits, issues, circulates or otherwise dispose of, or publicly displays any book, paper, pamphlet, document, poster or written or printed matter in any other form, containing or carrying written or printed advocacy, teaching or in aid and abetment of, or advising, criminal syndicalism; or Sec. 11-14(4). Organizes, or assists in organizing, or knowingly becomes a member of, any organization, society, group or assemblage of persons organized or assembled to advocate, teach or aid and abet criminal syndicalism; or Sec. 11-14(5). Willfully by personal act or conduct, practices or commits any act advised, advocated, taught or aided and abetted by the doctrine or precept of criminal syndicalism; with intent to accomplish a change in industrial ownership or control, or affecting any political change; or Sec. 11-14(6). Voluntarily assembles with any society or assembly of persons, which advocates, teaches, aides or abets criminal syndicalism, upon the streets, sidewalks, alleys or other public places in the city or in any place, building, room or structure in the city. (1953 Code, ch. 18, § 7)

Tucson Code § 11-15 Dance halls; operation near residences.

Sec. 11-15. Dance halls; operation near residences. It shall be unlawful for any person to maintain, conduct, carry on or operate any dance hall within five hundred (500) feet of any private residence in the city. For the purposes of this section, a dance hall is hereby defined to be any hall, room, platform or place where public dances are held. (1953 Code, ch. 18, § 8)

Tucson Code § 11-16 Disorderly houses or premises; keeping.

Sec. 11-16. Disorderly houses or premises; keeping. Any person who shall keep any common ill-governed or disorderly house, or who shall suffer any drunkenness, quarreling, fighting and unlawful games, or riotous or disorderly conduct whatever on his premises, shall be guilty of a misdemeanor. (1953 Code, ch. 18, § 9)

Tucson Code § 11-17 Drinking establishments--Loitering in, frequenting during hours closed.

Sec. 11-17. Drinking establishments--Loitering in, frequenting during hours closed. It shall be unlawful for any person other than a licensee or an employee of the licensee engaged in job-related activity to be present on the premises of licensed liquor establishments as defined in A.R.S. § 4-209.B(6), (7), (8) or (14) or subsequent definition of such establishments by state law between the hours of 2:30 a.m. and 6:00 a.m. daily. It shall be an affirmative defense for a licensee or an employee of the licensee to allow an intoxicated person to remain on the premises for a period of time not to exceed thirty (30) minutes after the state of intoxication is known or should be known to the licensee in order that a non-intoxicated person may transport the intoxicated person from the premises. (1953 Code, ch. 18, § 10; Ord. No. 4034, § 1, 2-19-74; Ord. No. 6076, § 1, 9-4-84; Ord. No. 7100, § 1, 12-12-88; Ord. No. 10007, § 1, 8-2-04; Ord. No. 10825, § 1, 8-4-10)

Tucson Code § 11-18 Same--Allowing frequenting during hours closed.

Sec. 11-18. Same--Allowing frequenting during hours closed. It shall be unlawful for any person owning, operating, managing or employed in any of the places designated in section 11-17 to allow any person of the general public to be present at such places between the hours designated in section 11-17. It shall be an affirmative defense for a licensee or an employee of the licensee to allow an intoxicated person to remain on the premises for a period of time not to exceed thirty (30) minutes after the state of intoxication is known or should be known to the licensee in order that a nonintoxicated person may transport the intoxicated person from the premises. (1953 Code, ch. 18, § 11; Ord. No. 6076, § 2, 9-4-84)

Tucson Code § 11-19 Reserved.

Sec. 11-19. Reserved. Editors Note: Ord. No. 10421, § 1, adopted June 19, 2007, repealed § 11-19, which pertained to regulation of smoking in restaurants; definitions; civil infractions; phase-in; hardship exceptions; penalties and derived from Ord. No. 9220, § 1, adopted April 12, 1999; Ord. No. 9302, § 1, adopted Oct. 11, 1999. Cross References: Smoke-Free Arizona Act.

Tucson Code § 11-20 False information; furnishing to police.

Sec. 11-20. False information; furnishing to police. It is unlawful for any person to knowingly and willfully give false information to a police officer while he is acting in his official capacity, with intent to hinder, delay, impede or mislead the officer in the prosecution of his official work, or with the intent to obstruct justice. (1953 Code, ch. 18, § 11a; Ord. No. 2671, § 1, 9-28-64)

Tucson Code § 11-21 Filling stations prohibited on portion of Congress Street.

Sec. 11-21. Filling stations prohibited on portion of Congress Street. It shall be unlawful for any person to maintain or conduct the business of a filling or service station where automobiles, motorcars or other gasoline-burning vehicles are furnished with gasoline or motor oil, in any building or on any premises or lot fronting upon or abutting on or having a vehicle entrance or exit from or on to Congress Street between the east property line of Main Street on the west and the intersection of Toole Avenue with Congress Street on the east. (1953 Code, ch. 18, § 12)

Tucson Code § 11-22 Fireworks.

Sec. 11-22. Fireworks. (a) Definitions. The following words, terms and phrases, when used in this section, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) City permit means a permit issued by the fire chief. (2) Consumer fireworks means small firework devices that contain restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion and that comply with the construction, chemical composition and labeling regulations prescribed in 49 Code of Federal Regulations part 172 and 173, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the American pyrotechnics association standard 87-1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version. (3) Display fireworks means large firework devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration or detonation as prescribed by 49 Code of Federal Regulations part 172, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the American pyrotechnics association standard 87-1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version. (4) Expenses of an emergency response means reasonable costs directly incurred by public agencies including but not limited to the city fire, police and public works departments or other first responders including but not limited to private ambulance companies that make an appropriate emergency response to an incident. (5) Fire chief means the fire chief or that officer's designee. (6) Fireworks: (A) Means any combustible or explosive composition, substance or combination of substances, or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, that is a consumer firework or display firework. (B) Does not include: (i) Toy pistols, toy canes, toy guns or other devices in which paper caps containing not more than twenty-five hundredths grains of explosive compound are used if constructed so that the hand cannot come in contact with the cap when in place for the explosion. (ii) Toy pistol paper caps that contain less than twenty-hundredths grains of explosive mixture, or fixed ammunition or primers therefor. (iii) Federally deregulated novelty items that are known as snappers, snap caps, party poppers, glow worms, snakes, toy smoke devices and sparklers. (7) Permissible consumer fireworks: (A) Means the following types of consumer fireworks as defined by the American pyrotechnics association standard 87-1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version: (i) Ground and handheld sparkling devices. (ii) Cylindrical fountains. (iii) Cone fountains. (iv) Illuminating torches. (v) Wheels. (vi) Ground spinners. (vii) Flitter sparklers. (viii) Toy smoke devices. (ix) Wire sparklers or dipped sticks. (x) Multiple tube fireworks devices and pyrotecnic articles. (B) Does not include anything that is designed or intended to rise into the air and explode or to detonate in the air or to fly above the ground, including, for example, firework items commonly known as bottle rockets, sky rockets, missile-type rockets, helicopters, torpedoes, roman candles and jumping jacks. (8) Police chief means the police chief or that officer's designee. (9) Supervised public display means a monitored performance of display fireworks open to the public and authorized by city permit. (b) Use of fireworks, and sale of fireworks other than permissible consumer fireworks, prohibited within the city; exceptions; penalties for violation. (1) Except as specifically permitted under paragraph (3) of this subsection, the use of fireworks (including any display firework, consumer firework, permissible consumer firework, or anything that is designed or intended to rise into the air and explode or to detonate in the air or to fly above the ground) within the city is prohibited. (2) The sale of fireworks, other than permissible consumer fireworks, within the city is prohibited. (3) Violation of the provisions of paragraphs (1) or (2) of this subsection is a civil infraction, except that any such violation that results in damage to property or injury to any person or animal is a class 1 misdemeanor and, upon conviction, in addition to any other penalty or fine, restitution shall be ordered made by the defendant to the victim. This remedy shall not abridge any civil cause of action by the victim. (4) Nothing in this section shall be construed to prohibit: (A) The use of items defined to not be fireworks under subsection (a)(6)(B) above and A.R.S. § 36-1601(3)(b); or (B) The occurrence of a supervised public display of fireworks authorized by city permit issued by the fire chief. The fire chief may charge a fee for this permit to cover administrative costs, including the costs of any necessary inspections. (c) Sale of permissible consumer fireworks; permits required; inspections; fees. (1) No person shall sell or allow the sale of permissible consumer fireworks to a person who is under sixteen (16) years of age. (2) No person shall sell or allow the sale of permissible consumer fireworks in conflict with state law. (3) A person who desires to sell permissible consumer fireworks to the public shall first obtain a city permit allowing all of the activities listed under § 7.3.2(1)(a) and (b) and (2) of the National Fire Protection Association Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles (NFPA 1124), 2006 Edition. (4) In addition to any other remedies or sanctions, failure to comply with paragraph (3) of this subsection is a civil infraction. (5) A person who desires to sell permissible consumer fireworks to the public is subject to inspection by the fire chief to assure: (A) That the person has obtained the permit required under paragraph (3) of this subsection and the sign requirements of subsection (d) of this section. (B) That the person is in compliance with NFPA 1124, 2006 Edition, as well as with any other rules adopted by the State Fire Marshal pursuant to A.R.S. § 36-1609 and Title 41, Chapter 6 and relating to the storage or retail sale of consumer fireworks. (6) The fire chief may charge a fee for the permit required under paragraph (3) of this subsection to cover the administrative costs of the permit system, including the inspections carried out under paragraph (5) of this subsection. (7) Three (3) copies of the fee schedule for permits, and of any amendments to it, shall be filed in the office of the city clerk and made public records and shall be available for public use and inspection during regular office hours, and shall be of full force and effect immediately upon such filing. (d) Posting of signs by persons engaged in the sale of permissible consumer fireworks; penalty. (1) Prior to the sale of permissible consumer fireworks, every person engaged in such sales shall prominently display signs that state the following: (A) The use of fireworks within the City is prohibited. (B) You must be sixteen (16) years old to buy fireworks. (2) The signs required under paragraph (1) of this subsection shall be posted in a conspicuous place in each area where fireworks are displayed and at each cash register where fireworks are sold; shall be not less than eleven (11) inches by fourteen (14) inches in size; shall be in both Spanish and English; and shall use easily legible print. (3) In addition to any other remedies or sanctions, failure to comply with paragraphs (1) and (2) of this subsection is a civil infraction. (e) Authority to enforce violations of this section designated as civil infractions. The fire chief or the police chief may enforce violations of this section designated as civil infractions. (f) Violation of this section a civil infraction, except where specifically provided otherwise. Except where specifically provided otherwise in this section, any violation of this section is a civil infraction. (g) Liability for emergency responses required by use of fireworks, or by violations of this section. (1) A person who uses any fireworks, including display fireworks, consumer fireworks, permissible consumer fireworks, or anything that is designed or intended to rise into the air and explode or to detonate in the air or to fly above the ground, is strictly liable for the expenses of any emergency response that is dispatched as a result of such use. The fact that a person is convicted or found responsible for a violation of this section is prima facie evidence of liability under this subsection. (2) A person who violates any provision of this section is strictly liable for the expenses of any emergency response that is dispatched as a result of such violation. The fact that a person is convicted or found responsible for a violation of this section is prima facie evidence of liability under this subsection. (3) The expenses of an emergency response are a charge against the person liable for those expenses pursuant to paragraphs (a) or (b) of this subsection. The charge constitutes a debt of that person and may be collected proportionately by the public agencies, or other first responders that incurred the expenses. The liability imposed under this subsection is in addition to and not in limitation of any other liability that may be imposed. (Ord. No. 10856, § 2, 11-23-10, eff. 12-1-10)

Tucson Code § 11-23 Reserved. Editor's note – Ord. No. 10856, § 1, adopted November 23, 2010 and effective December 1, 2010, repealed § 11-23, which pertained to the prohibition on the sale of fireworks.

Tucson Code § 11-24 Food and drink establishments--Soliciting or annoying customers.

Sec. 11-24. Food and drink establishments--Soliciting or annoying customers. It shall be unlawful, in any place of business where food or drink is sold to be consumed upon the premises, for any person who loafs or loiters about such place, or who is employed therein, to beg, solicit or importune any patron or customer of or visitor in such establishment to purchase any article of food or drink for the one begging, soliciting or importuning, or to be consumed by any frequenter, habitue or any vagrant or idle person about such place, and no person shall enter such place or remain therein for the purpose of so begging, soliciting or importuning patrons, customers or visitors therein to purchase articles of food or drink. (1953 Code, ch. 18, § 15)

Tucson Code § 11-25 Same--Responsibility of proprietor.

Sec. 11-25. Same--Responsibility of proprietor. Any person who owns, manages or otherwise controls any such place of business where food or drink is sold to be consumed on the premises, and who permits or allows other persons to beg, solicit or importune patrons, customers or visitors thereof to purchase food or drink for the ones begging, soliciting or importuning, or for frequenters, habitues or any idle or vagrant persons about such place, shall be guilty of a misdemeanor. (1953 Code, ch. 18, § 16)

Tucson Code § 11-25.1 Clothing requirements of certain female entertainers and waitresses.

Sec. 11-25.1. Clothing requirements of certain female entertainers and waitresses. Any female entertaining or performing any dance or in any play, exhibition, show or other entertainment, or any female serving food or spirituous liquors as defined by A.R.S. title 4, chapter 1, article 1, as amended, in a restaurant, nightclub, bar, cabaret, tavern, tap room, theater, or in a private, fraternal, social, golf or country club, as defined by A.R.S. title 4, chapter 1, article 1, as amended, or in any public place, who appears clothed, costumed, unclothed or uncostumed in such a manner that the nipple and the aureola (the more darkly pigmented portion of the breast encircling the nipple) are not firmly covered by a fully opaque material, is guilty of a misdemeanor. (Ord. No. 3053, § 1, 10-16-67)

Tucson Code § 11-25.2 Operation of certain restaurants, etc., where female entertainers fail to meet certain clothing requirements deemed misdemeanor.

Sec. 11-25.2. Operation of certain restaurants, etc., where female entertainers fail to meet certain clothing requirements deemed misdemeanor. A person who knowingly conducts, maintains, owns, manages, operates or furnishes any restaurant, nightclub, bar, cabaret, tavern, tap room, theater, or any place serving food or spirituous liquors, as defined by A.R.S. title 4, chapter 1, article 1, as amended, or a private, fraternal, social, golf or country club, as defined by A.R.S. title 4, chapter 1, article 1, as amended or any public place, where a female appears clothed, costumed, unclothed or uncostumed in such a manner that the nipple and the aureola (the more darkly pigmented portion of the breast encircling the nipple) is not firmly covered by a fully opaque material, is guilty of a misdemeanor. (Ord. No. 3053, § 1, 10-16-67)

Tucson Code § 11-25.3 Clothing requirements of certain dancers, etc.

Sec. 11-25.3. Clothing requirements of certain dancers, etc. Any person entertaining or performing any dance or in any play, exhibition, show or other entertainment, or any person serving food or spirituous liquors as defined by A.R.S. title 4, chapter 1, article 1, as amended, in a restaurant, nightclub, bar, cabaret, tavern, tap room, theater, or in a private, fraternal, social, golf or country club, as defined by A.R.S. title 4, chapter 1, article 1, as amended, or in any public place, who appears clothed, costumed, unclothed or uncostumed in such a manner that the lower part of his or her torso, consisting of the private parts or anal cleft or cleavage of the buttocks, is not covered by a fully opaque material or is so thinly covered as to appear uncovered, is guilty of a misdemeanor. (Ord. No. 3053, § 1, 10-16-67)

Tucson Code § 11-25.4 Operation of restaurants, etc., where certain dancers, etc. fail to meet certain clothing requirements, deemed misdemeanor.

Sec. 11-25.4. Operation of restaurants, etc., where certain dancers, etc. fail to meet certain clothing requirements, deemed misdemeanor. A person who knowingly conducts, maintains, owns, manages, operates or furnishes any restaurant, nightclub, bar, cabaret, tavern, tap room, theater, or any place serving food or spirituous liquors, as defined by A.R.S. title 4, chapter 1, article 1, as amended, or a private, fraternal, social, golf or country club, as defined by A.R.S. title 4, chapter 1, article 1, as amended, or any public place, where any person appears clothed, costumed, unclothed or uncostumed in such a manner that the lower part of his or her torso, consisting of the private parts or anal cleft or cleavage of the buttocks, is not covered by a fully opaque material or is so thinly covered as to appear uncovered, is guilty of a misdemeanor. (Ord. No. 3053, § 1, 10-16-67)

Tucson Code § 11-26 Reserved.

Sec. 11-26. Reserved. Editors Note: Ord. No. 9240, § 2, adopted June 21, 1999, repealed § 11-26, which pertained to hotels, rooming houses, motels--guest register required. See the Code Comparative Table.

Tucson Code § 11-27 Same--False entries on register.

Sec. 11-27. Same--False entries on register. It shall be unlawful for any person to enter in the register of guests of any hotel, rooming house, motel or auto court within the city a false or fictitious name, knowing it to be false. (1953 Code, ch. 18, § 18)

Tucson Code § 11-28 Indecency, lewdness--Acts prohibited.

Sec. 11-28. Indecency, lewdness--Acts prohibited. Every person is guilty of a misdemeanor who: Sec. 11-28(1). (a) Being reckless about whether any person present, as a reasonable person, would be offended; aids, offers, agrees or solicits an indecent or lewd act; (b) Commits any lewd or indecent act; (c) Aids, offers or agrees to commit or conspires to commit or commits any act of prostitution; or Sec. 11-28(2). Offers to secure or secures another for the purpose of committing any act of prostitution, fornication, assignation or for any other lewd or indecent act with any other person; or Sec. 11-28(3). Is in a public street, public way, public sidewalk or other public place, or adjacent thereto, or in the public view, including in a vehicle, in a manner or under circumstances which manifest the purpose or intent of inducing, enticing, soliciting or procuring another to commit an act of prostitution; for the purposes of this subsection the following actions or circumstances shall be considered with any other evidence to determine whether such purpose or intent is manifested: (a) That the person has a previous arrest or conviction under section 11-28, any section of A.R.S. chapter 32 of the title 13 or their predecessors, or equivalents from other jurisdictions; (b) That the person has declared himself or herself to be a prostitute, or available for the act of prostitution; (c) That the person has quoted a price or list of prices for sexual acts; (d) The person attempts to stop or stops people or vehicles by beckoning to, hailing, shouting at, waiving to, gesturing or in any other manner; (e) That the person repeatedly engages in conversation with pedestrians or occupants of motor vehicles; (f) The person has in possession sexual paraphernalia except condoms; (g) The person inquires whether a potential patron, procurer or prostitute is a police officer; (h) The person searches for articles that would identify a police officer; or (i) The person requests the touching or exposure of genitals or female breast. Sec. 11-28(4). Knowingly transports any person to any place where he may commit, or for the purpose of committing any lewd or indecent act or any act of prostitution; or Sec. 11-28(5). Knowingly receives, offers or agrees to receive any person into any place or building for the purpose of assignation or of performing any act of lewdness or fornication, or knowingly permits any person to remain there for any of such purposes; or Sec. 11-28(6). Directs any person to any place for the purpose of committing any lewd or indecent act, or any acts for prostitution or fornication; or Sec. 11-28(7). In any way aids, abets or participates in the doing for any of the act prohibited by this section. (1953 Code, ch. 18, § 23; Ord. No. 5820, § 1, 7-5-83; Ord. No. 7187, § 1, 5-1-89; Ord. No. 7717, § 1, 11-25-91; Ord. No. 9192, § 1, 1-11-99) State Law References: Sexual offenses, A.R.S. § 13-1401 et seq.; obscenity, A.R.S. § 13-3501 et seq.

Tucson Code § 11-28.1 Same--Minimum penalty; subsequent convictions.

Sec. 11-28.1. Same--Minimum penalty; subsequent convictions. (a) A person convicted for the first time of an offense prohibited by minor section 11-28(1)(a) may be punished by imprisonment for not more than six (6) months and up to three (3) years probation, and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted for a second offense prohibited by minor section 11-28(1)(a) may be punished by imprisonment for not more than six (6) months and shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than twenty-five hundred dollars ($2,500.00) and shall be placed on probation for not less than one (1) year nor more than three (3) years. A person convicted of a third offense prohibited by minor section 11-28(1)(a) may be punished by imprisonment for not more than six (6) months and shall be punished by a fine of not less than two hundred fifty dollars ($250.00) nor more than twenty- five hundred dollars ($2,500.00) and shall be placed on probation for not less than three (3) years. A person convicted of a fourth offense prohibited by minor section 11-28(1)(a) may be punished by imprisonment for not more than six (6) months and shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00) and shall be placed on probation for not less than three (3) years. No judge may suspend the minimum fine or probationary period prescribed herein, upon a person convicted of any offense prohibited by minor section 11-28(1)(a). Placing a person on probation shall not be construed to affect, in any way, the imposition of the minimum fines provided herein. (b) A person convicted for the first time of an offense prohibited by minor section 11-28(1)(b) shall be punished by either imprisonment for not less than twenty-four (24) hours or one hundred (100) hours of community service and may impose up to six (6) months' imprisonment and shall be fined not less than one hundred dollars ($100.00) nor more than twenty-five hundred dollars ($2,500.00) and may be placed on probation for a maximum of three (3) years. A person convicted for a second offense prohibited by minor section 11-28(1)(b) shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months and fined not less than two hundred fifty dollars ($250.00) nor more than twenty-five hundred dollars ($2,500.00) and shall be placed on probation for not less than one (1) year nor more than three (3) years. A person convicted of a third or subsequent offense prohibited by minor section 11-28(1)(b) shall be punished by imprisonment for not less than twenty (20) days nor more than six (6) months, and fined not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00) and shall be placed on probation for not less than three (3) years. No judge may grant probation to, or suspend the imposition of the minimum jail sentence, fine or probation prescribed herein, upon a person convicted of any offense prohibited by minor section 11-28(1)(b). Placing a person on probation shall not be construed to affect, in any way, the imposition of the minimum imprisonment and minimum fines provided herein. (c) A person convicted for the first time of any offense prohibited by minor sections 11-28(1)(c) through 11-28(8); shall be punished by imprisonment for not less than fifteen (15) days nor more than six (6) months and by a fine of not less than two hundred dollars ($200.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted of a second offense prohibited by minor sections 11-28(1)(c) through 11-28(8) shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months and a fine of not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted of a third offense prohibited by minor sections 11-28(1)(c) through 11-28(8) shall be punished by imprisonment for not less than sixty (60) days nor more than six (6) months, and by a fine of not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted of a fourth or subsequent offense prohibited by minor sections 11-28(1)(c) through 11-28(8) shall be punished by imprisonment for not less than one hundred and eighty (180) days and by a fine of not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00). No judge may grant probation to, or suspend the imposition of the minimum jail sentence and fine prescribed herein, upon a person convicted of any offense prohibited in minor sections 11-28(1)(c) through 11-28(8). In addition, a person convicted of any offense prohibited in minor sections 11-28(1)(c) through 11-28(8) may be placed on probation for a maximum of three (3) years. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein. (Ord. No. 4812, § 1, 5-15-78; Ord. No. 5267, § 1, 12-8-80; Ord. No. 5820, § 1, 7-5-83; Ord. No. 5866, § 1, 9-12-83; Ord. No. 6478, § 1, 8-4-86; Ord. No. 7284, § 1, 9-18-89; Ord. No. 7717, § 2, 11-25-91; Ord. No. 9192, § 2, 1-11-99)

Tucson Code § 11-29 Indecent exposure.

Sec. 11-29. Indecent exposure. (a) It shall be unlawful for any person to willfully and knowingly expose or display his or her anus, buttocks, genitals, pubic areas, areola and/or the nipple of the female breast; or willfully or knowingly aid or assist in the exposure or display of another's anus, buttocks, genitals, pubic areas, areola and/or the nipple of the female breast, in or by a street, alleyway, driveway, right-of-way, parking lot, park, bus stop, hallways, aisle, places of assembly whether indoor or outdoor, such as bingo halls, fairs, carnivals, swap meets, museums, or any other place of public accommodation, but not to include: (1) Regular or authorized performers or performances on theater, concert hall, music hall or nightclub stages, or movie house screens, bars or restaurants, except as prohibited in sections 11-25.1, 11-25.2, 11-25.3 and 11-25.4. (b) It shall be no defense that the viewer or viewers: (1) Consented to the exposure or display; or (2) Voluntarily subjected himself or herself to the exposure or display; or (3) Was not, or were not, annoyed, offended, shocked or outraged by the exposure or display. (c) In this section, unless the context requires otherwise, "exposure or display" means: (1) To submit to public view the named areas without cover; or (2) To submit to public view the named areas with cover of less than one (1) layer of fully opaque covering. (1953 Code, ch. 18, § 9a; Ord. No. 2358, § 2, 11-5-62; Ord. No. 4486, § 1, 5-24-76) Cross References: Licensing of adult entertainment enterprises and establishments, § 7-206 et seq.

Tucson Code § 11-30 Prohibition of hate crimes and institutional vandalism; penalties.

Sec. 11-30. Prohibition of hate crimes and institutional vandalism; penalties. (a) Definitions. As used in this section: (1) Hate crime means the commission of any misdemeanor offense under A.R.S. § 13-1203 (Assault), A.R.S. § 13-1602 (Criminal Damage), A.R.S. § 13-1502/1503/1504 (Criminal Trespass), A.R.S. § 13-2904 (Disorderly Conduct), A.R.S. § 13-1201 (Endangerment), A.R.S. § 13-2921 (Harassment), A.R.S. § 13-1802 (Telephone Harassment), A.R.S. § 13-1202 (Threats and Intimidation), A.R.S. § 13-1303 (Unlawful Imprisonment), or T.C. § 16-30 (Graffiti) against an individual or group of individuals or the property of an individual or group, accompanied by malicious intent as defined in subsection (2) hereof. (2) Malicious intent means the intent to commit any act, the commission of which is a necessary element of any offense referred to in subsection (a)(1) above, motivated by malice toward a victim because of the victim's actual or perceived race, color, religion, national origin, ancestry, sex, sexual orientation, age, disability, gender identity, ethnicity, familial status and/or marital status. (3) Institutional vandalism means knowingly vandalizing, defacing or otherwise damaging: a. Any church, synagogue, mosque, other building structure, or place used for religious worship and/or the grounds adjacent to, rented by, or owned by such entities; b. Any cemetery mortuary or other facility used for the purpose of burying or memorializing the dead; c. Any school, educational facility or community center and/or grounds adjacent to, rented by, or owned by said entities. d. Any hospital, health clinic, or other health care facility. (b) It shall be unlawful for any person to commit a hate crime or institutional vandalism, as defined in this section, against another individual or group of individuals. (Ord. No. 8506, § 1, 5-22-95; Ord. No. 11057, § 2, 3-27-13; Ord. No. 11443, § 1, 3-21-17)

Tucson Code § 11-30.1 Same--Minimum penalty; subsequent convictions.

Sec. 11-30.1. Same--Minimum penalty; subsequent convictions. A person convicted for the first time of an offense prohibited by section 11-30 shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months and by a fine of not less than one hundred dollars ($100.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted for a second offense prohibited by section 11-30 shall be punished by imprisonment for not less than twenty (20) days nor more than six (6) months and by a fine of not less than two hundred dollars ($200.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted for a third or subsequent offense prohibited by section 11-30 shall be punished by imprisonment for not less than forty (40) days nor more than six (6) months and by a fine of not less than four hundred dollars ($400.00) nor more than twenty-five hundred dollars ($2,500). No judge may grant probation to, or suspend the imposition of the minimum jail sentence and fine prescribed herein, upon a person convicted of any offense prohibited in section 11-30. In addition, a person convicted of any offense prohibited in section 11-30 may be placed on probation for a maximum of three (3) years. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties herein. (Ord. No. 8506, § 2, 5-22-95; Ord. No. 11443, § 1, 3-21-17)

Tucson Code § 11-31 Lampposts, hydrants, brackets; injuring.

Sec. 11-31. Lampposts, hydrants, brackets; injuring. Any person who shall negligently, willfully or maliciously injure, pull down or in any manner break any lamppost, bracket or hydrant shall be deemed guilty of a misdemeanor and shall be liable for the damage. (1953 Code, ch. 18, § 21)

Tucson Code § 11-32 Legal business; soliciting by police.

Sec. 11-32. Legal business; soliciting by police. It shall be unlawful for the chief of police or any police officer or any other person connected with the police department to solicit legal business for either the defense or prosecution of any case pending or which may be filed in any court, or to urge, recommend or suggest to any person, whether in legal detention or not, that any particular person practicing law should or should not be employed for the defense or prosecution of such person or any other person. (1953 Code, ch. 18, § 22)

Tucson Code § 11-33 Aggressive solicitation, legislative findings; definitions.

Sec. 11-33. Aggressive solicitation, legislative findings; definitions. (a) The mayor and council find that the increase in aggressive solicitation throughout the city has become extremely disturbing and disruptive to residents and businesses, and has contributed not only to the loss of access to, and enjoyment of, public places, but has also led to an increased sense of fear intimidation and disorder. (b) Aggressive solicitation may include, without limitation: approaching or following pedestrians; approaching or following children repeating solicitations despite refusals; using abusive or profane language to cause fear and intimidation; causing unwanted physical contact; or intentionally blocking pedestrian and vehicular traffic. The mayor and council further find that the presence of individuals who solicit money from persons at or near banks, automated teller machines, or in public transportation vehicles is especially troublesome because of the enhanced fear of crime in those confined environments. Such solicitation carries with it an implicit threat to both persons and property, as well as public safety. (c) The law is not intended to limit any person from exercising the constitutional right to solicit funds, picket, protest or engage in other constitutionally protected activity. Rather, its goal is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation that have become an unwelcome and overwhelming presence in the city. (d) Solicit means to request an immediate donation of money or other thing of value from another person, regardless of the solicitor's purpose or intended use or the money or other thing of value. The solicitation may be, without limitation, by the spoken, written or printed word, or by other means of communication. (e) Aggressive manner means and includes: (1) Intentionally or recklessly making physical contact with or touching another person in the course of the solicitation without the person's consent; (2) Approaching or following the person being solicited, if that conduct is intended to or is likely to: a) cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon the property in the person's possession; or (b) intimidate the person being solicited into responding affirmatively to the solicitation; (3) Continuing to solicit within five (5) feet of the person being solicited after the person has made a negative response, if continuing the solicitation is intended to or is likely to: a) cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (b) intimidate the person being solicited into responding affirmatively to the solicitation; (4) Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver or a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one's constitutional right to picket or legally protest, and acts authorized by a permit issued pursuant to chapter 7 of the Tucson City Code, shall not constitute obstruction of pedestrian or vehicular traffic; (5) Intentionally or recklessly using obscene or abusive language or gestures intended to or likely to: a) cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or b) words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation. (f) Automated teller machine means a device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and/or mortgage and loan payments. (g) Automated teller machine facility means the area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers after regular business hours. (h) Check cashing business means any person duly licensed by the superintendent of banks to engage in the business of cashing checks, drafts or money orders for consideration pursuant to the provisions of the banking laws. (i) Public area means an area to which the public or a substantial group of persons has access, and includes, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them. (Ord. No. 8674, §§ 1, 2, 4-8-96; Ord. No. 8891, § 1, 9-15-97) Editors Note: Ordinance No. 8674, § 1, deleted § 11-33 in its entirety. Formerly, such section pertained to loitering and derived from ch. 18, § 24 of the 1953 Code; Ord. No. 3094, § 1, 3-11-68; Ord. No. 3599, § 1, 1-25-71. Subsequently, section 2 of same ordinance added a new § 11-33 pertaining to legislative findings; definitions.

Tucson Code § 11-33.1 Prohibited acts.

Sec. 11-33.1. Prohibited acts. Section 11-33.1(1) Aggressive solicitation prohibited. It shall be unlawful for any person to solicit money or other things of value, or to solicit the sale of goods or services: (1) In an aggressive manner in a public area; (2) In any public transportation vehicle, or bus, vantran or trolley station or stop; (3) Within fifteen (15) feet of any entrance or exit of any bank or check cashing business or within fifteen (15) feet of any automated teller machine during the hours of operation of such bank, automated teller machine or check cashing business, without the consent of the owner or other person legally in possession of such facilities. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility; or (4) On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property. Section 11-33.1(2) Obstruction of doorways entrances on a public sidewalk prohibited. It shall be unlawful for any person, after having been notified by a law enforcement officer that he or she is in violation of the prohibition in this section, to remain within ten (10) feet of a doorway entrance on a public sidewalk or any other public right-of-way if that person's continued presence obstructs a doorway entrance. Section 11-33.1(3) Exceptions to 11-33.1(2) above. An exception to the prohibition in the preceding subsection against obstructing a public sidewalk or other public right-of-way within ten (10) feet of a doorway entrance shall be made in circumstances involving physical emergencies or the administration of medical assistance; sidewalk cafes, parades, rallies, demonstrations, performances or meetings for which street use permits have been issued; chairs or benches provided by a public agency or abutting private property owner; and seats in bus zones occupied by persons waiting for the bus. Section 11-33.1(4) Solicitation of children. It shall be unlawful for any person to solicit money or other things of value from any person under the age of sixteen (16) years who is unaccompanied by an adult. (Ord. No. 8674, § 2, 4-8-96; Ord. No. 8891, § 1, 9-15-97; Ord. No. 11331, § 2, 12-8-15)

Tucson Code § 11-33.2 Penalties.

Sec. 11-33.2. Penalties. (a) A person convicted of a first offense for a violation of this ordinance may be ordered to perform community service or fined in an amount up to two hundred and fifty dollars ($250.00). (b) A person convicted of a second or subsequent violation of this ordinance may be ordered to perform community service or fined up to five hundred dollars ($500.00); may be sentenced to jail for not more than ten (10) days; and shall be placed on probation for not less than one (1) year and no more than three (3) years. (c) A person convicted of a violation of this ordinance may be required to perform community service work as described by the court in lieu of, or in addition to, the fine imposed under this Section. The rate of substitution of community service work for the fine amount shall be calculated at ten dollars ($10.00) per hour. (Ord. No. 8674, § 2, 4-8-96)

Tucson Code § 11-34 Juveniles; curfew.

Sec. 11-34. Juveniles; curfew. Sec. 11-34(1). Definitions. As used in this section: (a) Juvenile is any person who has not yet reached eighteen (18) years of age. (b) Parent is any natural, adoptive, or step-parent of a juvenile. (c) Guardian is any person, other than a parent, who has legal guardianship of a juvenile; or any person over eighteen (18) years of age who has been authorized by a parent or legal guardian to have temporary care and custody of a juvenile. (d) Emancipated minor is any juvenile who is married, serving in the military, or is otherwise legally recognized as emancipated. (e) Emergency is an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term "emergency" includes, but is not limited to, a fire, natural disaster, automobile accident, or any situation that requires immediate action to prevent serious bodily injury or loss of life or property. (f) Establishment is any privately-owned place of business, and all property appurtenant thereto, to which the public or a substantial portion of the public is invited, including, but not limited to, any place of amusement or entertainment. (g) Public place is any place to which the public or a substantial portion of the public has access and includes, but is not limited to, streets, sidewalks, alleys, rights-of-way, parks, playgrounds, or government buildings or facilities; vacant lots; and the common and/or parking areas of government buildings and facilities, schools, hospitals, apartment homes and complexes, office buildings, shops, malls, and other establishments. (h) Residence is the dwelling house or usual place of abode of a juvenile and his parent or legal guardian. Sec. 11-34(2) Curfew--Juveniles under age 16. It is unlawful for any juvenile, prior to his sixteenth birthday, to be present in, about or upon any public place or establishment in the city between the hours of 10:00 p.m. and 5:00 a.m. of the following day. Sec. 11-34(3) Curfew--Juveniles age 16 and older. It is unlawful for any juvenile, on or after his sixteenth birthday to be present in, about or upon any public place or establishment in the city between the hours of 12:00 midnight and 5:00 a.m. of the following day. Sec. 11-34(4). Parental responsibility. It is unlawful for the parent or guardian of any juvenile to permit, or by insufficient control allow, the juvenile to be present in, about or upon any public place or establishment in the city in violation of this section. Sec. 11-34(5). Exceptions. The provisions of this section shall not apply to any juvenile who: (a) Is accompanied by his parent or guardian; (b) Is an emancipated minor; (c) Is involved in an emergency; (d) Has permission from his parent or guardian to travel to, or be in or at, a specific public place or establishment for a reasonable, legitimate and specific purpose; (e) Is exercising First Amendment rights protected by the United States Constitution, including free exercise of religion, speech, and assembly. (f) Is engaged in interstate travel; (g) Is attending, or travelling to or returning from, an official school, religious or other civic or recreational event supervised by adults and sponsored by a governmental entity, a civic organization, or another similar entity that takes responsibility for the juvenile; (h) Is engaged in employment activity, or travelling to or returning from such activity; or (i) Is on the sidewalk immediately abutting the juvenile's residence. Sec. 11-34(6). Enforcement of provisions of this section. Before taking any enforcement action under this section, a police officer shall attempt to ascertain the apparent offender's age and reason for being in the public place or establishment. (1953 Code, ch. 18, § 25; Ord. No. 3224, § 1, 3-10-69; Ord. No. 9182, § 3, 1-4-99)

Tucson Code § 11-35 Vapor releasing substances containing toxic substances.

Sec. 11-35. Vapor releasing substances containing toxic substances. The dispensing of certain vapor releasing substances containing a toxic substance is regulated and prohibited as follows: Sec. 11-35(1). Definition In this series of sections unless the context otherwise requires, "vapor releasing substances containing a toxic substance" means paints, varnishes and like coating substances releasing vapors or fumes containing benzene, toluene, volatile ketones, isophorone, acetone, chloroform, methylene chloride, mestiyl oxide, xylene, cumene, ethylbenzene, trichloroethylene, MIBK, MIAK, MEK, and diacetone alcohol dispensed by the use of aerosol spray devices. Sec. 11-35(2). Dispensing such substances prohibited. (a) No person shall sell or offer for sale, deliver or provide, or give to any person under eighteen (18) years of age any vapor releasing substances containing a toxic substance. (b) No sale or transfer of possession of any vapor releasing substances containing a toxic substance shall be made except by a person who is at the time of sale actively employed or engaged in operating a bona fide commercial establishment at a fixed location. Sec. 11-35(3). Exceptions. Nothing contained in this series of sections shall be applicable to the transfer of any vapor releasing substances containing a toxic substance, from a parent to a child, from a guardian to his ward, from an employer to employee, from a teacher to a student or in any other similar relationship when such transfer is for a lawful and bona fide purpose. Sec. 11-35(4). Commercial establishments. Every bona fide commercial establishment selling vapor releasing substances containing a toxic substance shall conspicuously display an English/Spanish bilingual sign of not less than eleven (11) inches by fourteen (14) inches in size which states: "Warning--Deliberate Inhalation of Spray Paint Vapors Can Be Dangerous." Such printed warning shall be easily legible. (Ord. No. 4141, § 1, 2-25-74)

Tucson Code § 11-36 Sitting and lying down on public sidewalks in downtown and neighborhood commercial zones.

Sec. 11-36. Sitting and lying down on public sidewalks in downtown and neighborhood commercial zones. Sec. 11-36.1. Purpose and intent. Pursuant to Chapter IV, Sections 1(19) and (21) of the Charter, mayor and council find as follows: (a) Public sidewalks in business districts are created and maintained for the primary purpose of enabling pedestrians to safely and efficiently move about from place to place, facilitating deliveries of goods and services, and providing potential customers with convenient access to goods and services. (b) During normal business hours, the public sidewalks in downtown and neighborhood commercial areas are prone to congestion, and should be kept available to serve these primary purposes. (c) Except in places provided therefor or where reasonably necessary, sitting or lying on the public sidewalks in downtown and neighborhood commercial areas during the hours of greatest congestion interferes with the primary purposes of the public sidewalks, threatens public safety, and damages public welfare. (d) Pedestrians, particularly the elderly, disabled, or vision-impaired, are put at increased risk when they must see and navigate around individuals sitting or lying upon the public sidewalk. (e) The public welfare is promoted by economically healthy downtown and neighborhood commercial areas which attract people to shop, work and recreate. These areas provide easily accessible goods and services, employment opportunities, the tax revenues necessary to maintain and improve property within these areas. (f) In some circumstances people sitting or lying on the sidewalks deter many members of the public from frequenting those areas, which contributes to undermining the essential economic viability of those areas. Business failures and relocations can cause vacant storefronts which contribute to a spiral of deterioration and blight which harms the public health, safety and welfare. An important factor in protecting public safety is attracting people to the streets and sidewalks of the city's business districts, because the presence of many law abiding citizens serves as a deterrent to crime and increases the public's sense of security and the safety to all. (g) There are numerous other places within the downtown and neighborhood commercial areas where sitting or lying down can be accommodated without unduly interfering with the safe flow of pedestrian traffic, impairing commercial activity, threatening public safety or harming the public welfare. These other places include city parks and plazas, arcades, and common areas open to the public, and generally on private property with the permission of the property owner. In addition, public sidewalks outside the designated hours are available for sitting or lying down. Therefore, the limited regulation of sitting or lying down on sidewalks is both reasonably necessary and appropriately balances the public interest and individual rights. Section 11-36.2. Prohibited conduct; exceptions. (a) No person shall sit or lie down upon a public sidewalk or upon a blanket, chair, stool, or any other object placed upon a public sidewalk or median during the hours between 7:00 a.m. and 10:00 p.m. in the following zones: (1) The Downtown Zone, defined as the area bounded by Interstate 10 on the West, 6th Street on the North, Fourth Avenue on the East and 17th Street on the South. (2) The Fourth Avenue Business Zone, defined as the area bounded by University Blvd. on the North, Congress Street on the South, 3rd Avenue on the East and 5th Avenue on the West. (3) The University Zone, defined as the area bounded by Speedway Blvd. on the North, 6th Street on the South, Park Avenue on the East, and Euclid Avenue on the West. (b) The prohibition in subsection (a) shall not apply to any person: (1) Sitting or lying down on a public sidewalk due to medical emergency; (2) Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk; (3) Operating or patronizing a commercial establishment conducted on the public sidewalks pursuant to a permit; (4) Who is exercising First Amendment rights protected by the United States Constitution, including free exercise of religion, speech and assembly; provided, however, that the person sitting or lying on the public sidewalk remains at least ten (10) feet from any doorway or business entrance, leaves open a five (5) foot path and does not otherwise block or impede pedestrian traffic. This exception applies only to persons and does not create an exception to sections 16-35 or 25-51 of this Code, or any other provisions of this Code, that prohibit the placement of items or objects on a public sidewalk that prevent full, free and unobstructed public use in any manner. (5) Sitting on a chair or bench located on the public sidewalk which is supplied by a public agency or by the abutting private property owner; or (6) Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation. Nothing in any of these stated exceptions shall be construed to permit any conduct which is otherwise prohibited by law. (c) No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section. Section 11-36.3. Penalty. Violation of this ordinance shall constitute a misdemeanor punishable by community service or fines not to exceed two hundred fifty dollars ($250.00), by imprisonment not to exceed ten (10) days, and by probation not to exceed one (1) year or both such fine and imprisonment. The rate of substitution of community service work for the fine amount shall be calculated at ten dollars ($10.00) per hour. (Ord. No. 8978, § 1, 11-10-97; Ord. No. 9360, § 1, 3-20-00; Ord. No. 11331, § 2, 12-8-15) Editors Note: Ord. No. 3224, § 3, adopted Mar. 10, 1969, amended this Code by repealing former §§ 11-35 and 11-36 derived from 1953 Code, ch. 18, §§ 26 and 27. Said former §§ 11-35 and 11-36 contained provisions relative to the responsibility of parents or guardians for minors and penalty provisions. Subsequently, Ord. No. 8978, § 1, 11-10-97, added a new § 11-36 to read as herein set out.

Tucson Code § 11-37 Minors: Playing, loitering about railroad property.

Sec. 11-37. Minors: Playing, loitering about railroad property. It shall be unlawful for any minor, under the age of eighteen (18) years, to play or loiter about any railroad depot, roundhouse, machineshop or freight house, or to play or loiter about or ride upon any railroad car, engine, truck or other vehicle belonging to or used upon or in connection with any railroad within the corporate limits of the city without the consent of the owner or lessee of such railroad, or of the agent of such owner or lessee. Any such minor violating the provisions of this section shall be guilty of a misdemeanor and proceedings shall be taken in accordance with and pursuant to the laws of the state regulating juveniles. (1953 Code, ch. 18, § 28)

Tucson Code § 11-38 Prompt payment.

Sec. 11-38. Prompt payment. (a) Violation. It shall be a civil infraction and punishable as provided in this section if in bad faith: a) an owner fails to pay for work performed by a general contractor or contractor, or b) a general contractor fails to pay for work performed by a subcontractor, or c) a subcontractor fails to pay for labor or materials provided, within fourteen (14) days or within the time otherwise agreed upon between the parties following the completion of the work or labor or delivery of materials, and delivery of an initial written request for payment evidenced by an affidavit of service or return receipt of certified mail. A separate violation may be charged for each segment of completed work, or labor or delivery of materials for which payment is not made. Each day for which payment is not made may be charged as a separate violation after the violation accrues. Bad faith may be established by the conduct between the parties or other means as allowed by the court but shall at a minimum be evidenced by two subsequent written requests for payment delivered not sooner than two weeks after the initial request and at least two weeks apart and testimony that payment in full has not been made and there is no reasonable basis to delay payment which together shall constitute prima facie evidence of bad faith. A party who acts in compliance with applicable contract provisions shall not be deemed to act in bad faith under this section. (b) Definitions. As used in this section: Completion of work or labor means, unless otherwise agreed upon between the parties, the date upon which the work or labor for which payment is requested has been completed, or if an inspection is required by the city for the work or labor, the date such work or labor passed inspection. Contractor includes any person, firm, entity, partnership, corporation, association, or other organization licensed under Title 32 of the Arizona Statutes and that undertakes to perform work directly for an owner. General contractor is synonymous with the terms "commercial contractor" and "contractor" as used in A.R.S. § 32-1101(A) and includes any person, firm, entity, partnership, corporation, association, or other organization or any combination thereof that uses subcontractors and engages in construction, repair or alteration. Owner means the person, firm, entity, partnership, corporation, association or other organization or combination thereof possessing either a fee or lesser interest that enters into a contract, arrangement or agreement with a general contractor or contractor for the construction, repair or alteration of a structure. Owner includes all assigns and successors in interest of the owner. Subcontractor means any person, firm, entity, partnership, corporation, association or other organization or any combination thereof that undertakes to perform work for a general contractor and has a direct contractual relationship with the general contractor. (c) Penalty. A violation of this section shall result in a fine of not less than two hundred fifty dollars ($250.00) for the first offense and not less than five hundred dollars ($500.00) for the second offense. (d) Scheduling of hearing. A violation charged under this section shall be heard by the construction special magistrate not more than sixty (60) days after the violations set forth in the complaint have been answered. For good cause shown, the construction special magistrate may continue the hearing. (e) Defenses. Justification is a defense to a prosecution under this section. Justification means money is unavailable to make payment due to nonpayment by an owner, general contractor, contractor or subcontractor, bankruptcy, force majure, operation of a stop notice or bonded stop notice or a prima facie showing that any claim for moneys due for work completed, labor performed or materials provided is subject to a legal or equitable defense. Unavailability of money due to nonpayment is not a defense unless the party asserting nonpayment: a) files an action in a court of competent jurisdiction seeking payment or enters arbitration seeking payment unless to do so would be a futile act in that it would not likely result in the recovery of funds to provide payment, or b) initiates or seeks to initiate an action under this section. Nonpayment based upon poor quality of work may not be asserted as a defense where there is an agency with jurisdiction over quality issues and a written complaint has not been filed with that agency. (f) Limitation on action. No violation chargeable under this section may be filed more than one (1) year after the violation accrues. A violation accrues under this section on the date of delivery of the last request for payment required by this section. No action may be brought on behalf of any person, firm, corporation or entity that does not hold a license if a license is required by Title 32 of the Arizona Statutes. (Ord. No. 9158, § 2, 11-9-98)

Tucson Code § 11-39 Permitting or encouraging underage drinking.

Sec. 11-39. Permitting or encouraging underage drinking. (a) No person eighteen (18) years of age or older may knowingly permit or fail to take reasonable action to prevent the illegal consumption of spirituous liquor by an underage person on premises owned by the person or under the person's control. This subsection does not apply to spirituous liquor used exclusively as part of a religious service. (b) A person who violates this section is guilty of a class 1 misdemeanor. (Ord. No. 10396, § 1, 5-1-07; Ord. No. 11387, § 1, 7-6-16) Editors Note: Prior to the reenactment of § 11-39 by Ord. No. 10396, Ord. No. 4520, § 1, adopted June 21, 1976, repealed § 11-39 which had pertained to the frequenting of places where narcotics were used and derived from the 1953 Code, ch. 18, § 32.

Tucson Code § 11-40 Narcotics--Keeping paraphernalia; acting as lookout.

Sec. 11-40. Narcotics--Keeping paraphernalia; acting as lookout. If any person shall keep or exhibit any box, pipe, cup, hypodermic needle, thing or apparatus used for unlawfully smoking, eating, inhaling, injecting or consuming any substance defined as a narcotic by A.R.S. section 13-3401, or if any person shall act as a lookout or tender at any place where such acts are practiced or carried on, he shall be guilty of a misdemeanor. (1953 Code, ch. 18, § 33; Ord. No. 5974, § 2, 3-26-84)

Tucson Code § 11-41 Same--Seizure, destruction of paraphernalia.

Sec. 11-41. Same--Seizure, destruction of paraphernalia. It shall be the duty of the police officers of the city to seize and safely keep all cups, pipes, apparatus, boxes, hypodermic needles and things used for the purpose of unlawfully eating, smoking, inhaling, injecting or otherwise consuming any substance defined as a narcotic by A.R.S. section 13-3401, and produce the same in court. Such articles shall be retained until the final disposition of any case in which they may be required as evidence, to be then destroyed by order of the court; but nothing herein contained shall prevent the destruction of such articles no longer required to be retained as evidence. (1953 Code, ch. 18, § 34; Ord. No. 5974, § 3, 3-26-84)

Tucson Code § 11-42 Offensive establishments.

Sec. 11-42. Offensive establishments. It shall be unlawful for any person to erect, carry on, conduct, maintain or operate, in the city or within one (1) mile of the corporate limits of the city, any gambling house or place of any kind in which any gambling games are conducted, or any kind of banking or percentage game is played with cards, dice or other device for money, checks, credits or any other representative of value; or any house of prostitution or assignation; or any other offensive or unwholesome business or establishment. (1953 Code, ch. 18, § 30)

Tucson Code § 11-43 Prostitutes--Prohibited.

Sec. 11-43. Prostitutes--Prohibited. Any person who shall practice prostitution or who shall, by word, sign or action make known or call attention that she is a prostitute, courtesan or lewd woman, or who shall make any public meretricious display of herself, or who shall solicit any person to visit or patronize a prostitute or place of prostitution, shall be deemed guilty of a misdemeanor. (1953 Code, ch. 18, § 35) State Law References: Prostitution A.R.S. § 13-3201 et seq.

Tucson Code § 11-44 Same--Furnishing intoxicants to.

Sec. 11-44. Same--Furnishing intoxicants to. It shall be unlawful for any person to give, barter, sell or deliver to any prostitute in the city any malt, vinous or spirituous intoxicating liquor or to give, barter, sell or deliver to any person any malt, vinous or spirituous intoxicating liquor in any room or building where a prostitute loiters, frequents or is present. (1953 Code, ch. 18, § 19)

Tucson Code § 11-45 Same--Consuming intoxicants in room occupied by.

Sec. 11-45. Same--Consuming intoxicants in room occupied by. It shall be unlawful for any person to use or consume any malt, vinous or spirituous intoxicating liquor in any room where a prostitute loiters, frequents or is present. (1953 Code, ch. 18, § 20)

Tucson Code § 11-46 Reserved.

Sec. 11-46. Reserved. Editors Note: Ord. No. 9816, § 4, adopted Feb. 24, 2003, repealed § 11-46, and enacted similar provisions set out in new § 16-34. Former § 11-46 pertained to public nuisance and derived from ch. 18, § 37 of the 1953 Code. See the Code Comparative Table.

Tucson Code § 11-46.1 Dangerous off-site waste.

Sec. 11-46.1. Dangerous off-site waste. Sec. 11-46.1(1). The purpose of this section is to protect the public health, safety and welfare by providing procedures for affected areas of the community to be informed regarding potential dangers of private commercial facilities which conduct the accumulation, treatment, remediation, or disposal of dangerous off-site wastes and by providing procedures which will assist in resolving community conflicts concerning the impact of such facilities on nearby areas. Where dangers are found to exist to nearby areas or conflicts can not be resolved in advance, this section will provide for the temporary and/or permanent abatement of a proposed or existing dangerous off-site waste nuisance, as defined, to allow public concerns to be properly investigated and acted upon. Sec. 11-46.1(2). The city shall have the authority under this section and pursuant to the procedures below to abate any dangerous off-site waste nuisance by either suspending or withholding the issuance of any city permits or authorizations which are otherwise required for the construction or operation of the facility, by revoking any existing permits or authorizations for the operation of the facility or by enjoining the continued operation of an existing facility. The city's authority to abate a dangerous off-site waste nuisance shall include the authority pursuant to the procedures in this section to restrict or limit the operation of the facility to protect public health. Sec. 11-46.1(3). "Dangerous off-site waste nuisance" is hereby defined as including any accumulation of dangerous off-site waste for the private commercial purpose of processing, treating, remediating or disposing of all or any portion of the waste material within the city limits of Tucson where such activity creates a significant risk of harm or creates reasonably based public health concerns among a considerable number of persons in a community or neighborhood. (1) "Dangerous off-site waste" is defined as all waste products which are collected for the private commercial off-site processing, treatment, remediation or disposal and which are defined by county, state or federal laws or regulations as "hazardous waste," "special waste" or "solid waste petroleum contaminated soil" and shall include all waste listed in A.R.S. 49-852 and 49-854 as subject to designation as a "special waste" regardless of the actual status or date of state designation. (2) "Risk of harm" means any present or potential future harm to area property owners or neighborhoods or to the community at large which may be caused by the dangerous off-site waste including risks from any proposed facility, the actual existing operation or any proposed, expected or allowable expansion of the operation or any change in the process. "Risk of harm" shall include the potential release of dangerous off-site waste due to the regular and permitted operation of the facility as well as reasonable estimates of risks which may be caused by the accidental handling of materials or the intentional violation of established standards and legal requirements. Sec. 11-46.1(4). Community notification of a potential operation involving the processing, treatment, remediation or disposal of dangerous off-site waste. Any person or business which proposes to conduct any private commercial activity involving the private commercial accumulation of dangerous off-site waste for the purpose of processing, treating, remediating or disposing of such waste shall provide notice to affected parties of the proposed dangerous waste activities and to such additional parties as may be designated by the chief building official in accordance with this section. (1) The notice shall be in a form approved by the city and shall inform the affected parties of the permit or permit revision which is being requested, the agency from which the permit or permit revision is being requested, the nature of the proposed operation, the individual chemicals or hazardous materials which are subject to regulation and a description of the measures to be taken to protect surrounding areas from unreasonable exposure to dangerous off- site waste. The notice shall also inform the affected parties of their rights to object to the location of the facility and the requirement that such objections be filed with the city within ninety (90) days of the mailing of the notice. (2) The notice required by this subsection shall be mailed within sixty (60) days of the filing of the permit application or request for permit revision. (3) The "affected parties" who shall be entitled to notice shall include: a. The city clerk, who shall forward a copy of the permit request to the chief building official, the director of utility services, and the fire chief of the city. b. All public schools and hospitals located within three (3) miles of the exterior lot lines of the property where the facility is or is proposed to be located. c. All real property owners within three hundred (300) feet of the exterior lot lines of the property where the facility is or is proposed to be located. d. The residential property owners on the residential block which lies closest to the proposed facility in each direction, north, south, east and west. e. Any neighborhood association registered with the city which either partially or completely lies within two (2) miles of the proposed facility. (4) After the initial notice has been provided under this subsection, the owner or operator of the facility may be granted a waiver by the utility services department from the notice requirement set forth herein for a subsequent permit application or permit revision where further notification will not provide any significant additional information, is within one (1) year of the prior notification and is essentially duplicative of prior notification. (5) Notice shall not be required for the renewal of a permit where notice has already been provided for the expiring permit and there is no significant change in the terms of the permit or the actual or proposed operation of the facility. (6) Notice shall be required where an owner or operator has stated to any permitting authority that it will voluntarily abide by self imposed limitations and where a decision is made to exceed such self imposed limitations even where it is not necessary to revise or amend the existing permit. (7) Objections to the location of the facility shall be filed with the chief building official within ninety (90) days after the date of the notice. (8) Failure to object to the location of a proposed facility within ninety (90) days from the date of mailing the notice provided by this section shall waive any right an affected party may have under this section to object to the location of the facility after that time except where significant new information becomes available. (9) "Permit" as used in this subsection shall refer to a permit from a county, state or federal agency regulating hazardous materials, hazardous waste, special waste, stormwater runoff or air quality. Sec. 11-46.1(5). Temporary abatement of a potential dangerous off-site waste nuisance. In order to insure protection of public health, safety and welfare, a potential dangerous off-site waste nuisance shall be subject to temporary abatement to provide and allow time for investigation of the level of danger posed by the facility and to permit time for community consultation concerning the potential health and environmental risks. The procedure for temporary abatement of a potential dangerous off-site waste nuisance shall be as follows: (1) The chief building official and the fire chief may initiate an action to temporarily abate a potential dangerous off-site waste nuisance where (1) there is a reasonable basis to believe that a potential dangerous off-site waste nuisance may exist or is proposed or (2) where there is reasonable public concern among a considerable number of community or neighborhood residents that a dangerous off-site waste nuisance may exist or is proposed and a reasonable basis for further investigation of the potential hazard. (2) The chief building official shall initiate an action to temporarily abate a potential dangerous off-site waste nuisance or shall direct that a hearing be held pursuant to subsection 11-46.1(6) where more than fifty (50) percent of the property owners within the notification area object to the location of the facility or where any school or hospital within the notification area objects to the location of the facility. (3) The chief building official shall initiate an action for the temporary abatement of an dangerous off-site waste nuisance by providing written notice that such action has been taken to the operator or owner of the existing or proposed facility which may constitute an dangerous off-site waste nuisance. a. Where the potential dangerous off-site waste nuisance is proposed for construction but has not commenced construction of the structure to be used, an order by the chief building official for the temporary abatement of an dangerous off-site waste nuisance shall stay the authorization for any construction including the granting of any further permits or conducting of any compliance inspections. No further authorization for construction or permits shall thereafter be granted to the potential dangerous off-site waste nuisance, except upon the compliance with the procedures set forth in this section. The stay set forth in this section shall not toll any time limitation which is otherwise applicable under this Code. b. Where the potential dangerous off-site waste nuisance is an existing facility, the chief building official and fire chief shall determine whether the facility poses an imminent danger to public health and safety. 1. If the facility is determined to pose an imminent danger to the public health and safety, the potential dangerous off-site waste nuisance shall be immediately abated and shall cease and desist any further operation. 2. If the facility is not determined to pose an imminent danger to the public health and safety, the potential dangerous off-site waste nuisance shall not be subject to abatement until after a hearing is held by the chief building official. (4) The temporary abatement of a potential dangerous off-site waste nuisance shall not exceed a period of six (6) months except where the operator/owner of the potential dangerous off-site waste nuisance agrees to extend such time, where the operator/owner fails to comply with the community consultation provisions in subsection (5) below, where the temporary abatement is extended by the hearing officer appointed pursuant to subsection 11-46.1(6) or where an appeal is filed with the mayor and council pursuant to subsection 11-46.1(6)(7). (5) During the temporary abatement period, the operator/owner of the potential dangerous off-site waste nuisance shall provide reasonable and appropriate notice to and communications with potentially affected community residents to establish that the facility will not unreasonably expose the members of the community to risks from environmental hazards. Such conduct may include, inter alia, mailing information to area residents, informational meetings with area residents, consultations with neighborhood associations, consultations with area public schools and community mediation. The city shall cooperate with the operator/owner to facilitate such community consultation. (6) The operator/owner of any facility which is subject to a temporary abatement action shall have the right to appeal the action to mayor and council. Any such appeal shall be filed with the city clerk in writing. The appeal shall be scheduled for a public hearing before mayor and council on the third regularly scheduled mayor and council session following the filing of the appeal. a. The operator/owner shall have the burden of establishing in any such appeal that the proposed or existing facility does not pose any potential danger to area residents or the community and that there is no need for the temporary abatement or for the community consultation as provided in subsection (5) above. b. Failure of the facility to use the best management practices or best available technology, monitoring or security in the processing, transportation, storage or disposal of dangerous off-site waste may be accepted by mayor and council as prima facia evidence that a temporary abatement shall continue. Sec. 11-46.1(6). Determination that a facility constitutes an dangerous off-site waste nuisance. While a temporary abatement of a potential dangerous off-site waste nuisance is in effect, the chief building official may order a public hearing be held to determine whether the facility subject to the temporary abatement constitutes an environmental nuisance which shall be permanently abated. The determination shall be made in the following manner. (1) The city shall designate an independent hearing officer. The hearing officer shall hold a public hearing to determine whether the facility constitutes an dangerous off-site waste nuisance. (2) The city shall provide notice of the hearing date and location to the operator/owner of the facility and to all property owners who the chief building official determines may be affected by the operation of the facility. The city may also provide notice of the hearing by publication and other appropriate means where a large number of persons may be affected by the facility. (3) At the hearing the hearing officer shall determine whether the operator/owner of the facility has complied with the requirements for community notice and consultation as set forth in section 11-46.1(4) and 11-46.1(5)(5) above. If the hearing officer determines that the operator/owner has not complied with the community notice and consultation provisions and that further community notice and consultations will inform the public or alleviate public concerns regarding the operation of the facility, the hearing officer shall order that the temporary abatement be extended to provide time for compliance with the community consultation provisions. (4) The hearing officer shall determine prior to the expiration of the temporary abatement order whether the facility in fact constitutes an dangerous off-site waste nuisance which shall be either permanently abated or subject to such conditions and restrictions upon its operation as are reasonable and necessary to protect property and the public health and welfare. The hearing officer's determination shall be based upon the following factors: a. Whether the operation of the facility within established county, state and federal permits at the specific proposed or actual site of operation would be an unreasonable danger to area residents due to its location; b. Whether the operation of the facility at levels which may reasonably occur due to poor maintenance, accidental releases or intentional violation of established county, state and federal permits would be an unreasonable danger to area residents; c. Whether the operation of the facility will be unreasonably dangerous to any institutions with particularly sensitive populations including any public schools, hospitals, nursing homes or retirement homes; d. Whether the operation of the facility will unreasonably diminish and suppress area property values; e. Whether proposed or existing monitoring, maintenance, supervision, security and record-keeping requirements are adequate to deter and detect the accidental or intentional operation of the facility in violation of existing permits without unreasonable risk to area residents or the community; f. Whether the operation of the facility will create an unreasonable risk to the subsurface, surface and habitat environment in the area where the facility is to be located; (5) The hearing officer shall have the sole authority to continue the hearing where such continuance is necessary to permit additional time for the investigation or study of issues in the hearing. The hearing officer shall further have the authority to extend the temporary abatement where such a continuance is ordered provided that no temporary abatement shall be extended beyond one year from the date of its initial imposition. (6) The hearing officer shall issue his determination and the basis therefore within ten (10) days of the public hearing. (7) Any party who has received written notice of the hearing or the city may appeal the determination of the hearing officer to the mayor and council within fourteen (14) days of the date of the hearing officer's determination by filing a notice of appeal with the city clerk. A public hearing on the appeal shall be scheduled within thirty (30) days from the filing of the first appeal notice with mayor and council. (8) The filing of an appeal pursuant to subsection (6) above shall extend the temporary abatement through the date of the scheduled appeal hearing before mayor and council provided that such period shall not exceed sixty (60) days. (9) Mayor and council shall review the determination of the hearing officer, the record in the case and such additional matters as may be determined to be relevant to its determination. Mayor and council shall then exercise its discretion in determining whether the facility constitutes an dangerous off-site waste nuisance as set forth in the provisions and standards of this section which shall be permanently abated or subject to such conditions and restrictions as may be deemed appropriate to protect public health, safety and welfare. (10) The cost of retaining the hearing officer and providing the notice required by this subsection shall be equally born by the city and the owner or operator of the proposed facility. Sec. 11-46.1(7). The provisions of this subsection shall be supplemental to state and federal environmental protection laws. Nothing herein shall authorize the city to require that any owner or operator of any dangerous off-site waste facility contravene or disregard any order, permit, regulation or statutory provision of state or federal environmental law. (Ord. No. 8643, § 1, 1-22-96; Ord. No. 9861, § 3, 6-16-03)

Tucson Code § 11-47 Same--Prohibited.

Sec. 11-47. Same--Prohibited. Any person committing a public nuisance or a dangerous off-site waste nuisance shall be deemed guilty of a misdemeanor. (1953 Code, ch. 18, § 38; Ord. No. 8643, § 2, 1-22-96)

Tucson Code § 11-48 Same--Complaints; investigation; prosecution.

Sec. 11-48. Same--Complaints; investigation; prosecution. If a public nuisance shall be committed within the city limits, any person affected thereby may make complaint in writing specifying the nature of such nuisance, the location thereof, and the name of the person committing the same, to the health officer; and it shall then be the duty of the health officer to examine the premises complained of as a nuisance. If, in his judgment, such nuisance exists, the health officer shall make or cause to be made a complaint against the person committing such nuisance, or permitting the same to exist upon any premises occupied, used, owned or controlled by such person before the proper court of competent jurisdiction to try such complaint, and shall cause such complaint to be prosecuted before such court. (1953 Code, ch. 18, § 39)

Tucson Code § 11-49 Public property; injuring.

Sec. 11-49. Public property; injuring. Any person who shall negligently, willfully or maliciously injure, pull down or in any manner break or destroy any signpost or board containing the name or number of any street in the city, or who shall pull down, obliterate, deface or destroy any house or door number placed upon any house or door in the city, or who shall mutilate, deface or in any manner destroy, or who shall attempt to mutilate, deface or in any manner destroy any public fountain, bench, music stand or any property belonging to the city shall be guilty of a misdemeanor. (1953 Code, ch. 18, § 40) Cross References: Injuring or tearing up pavement or sidewalks, § 25-1 et seq.

Tucson Code § 11-50 Boarding, alighting from moving trains.

Sec. 11-50. Boarding, alighting from moving trains. It shall be unlawful for any person, other than a railroad employee, a passenger or person intending to become a bona fide passenger, or an officer of the law, to get on or off an engine or car upon any railroad while such engine or car is in motion. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor. (1953 Code, ch. 18, § 41)

Tucson Code § 11-51 Camping in washes.

Sec. 11-51. Camping in washes. Sec. 11-51.1. Purpose and intent. Pursuant to Chapter IV, Sections 1(19), (21) and (29) of the Charter, and Chapter VII, Sections 1(14), (18), (24), (32) and (33) of the Charter, mayor and council find as follows: (a) The washes and drainage areas within the City of Tucson have the primary purpose of allowing the city to manage stormwater flow within the city and to protect its citizens from flood and erosion habitat, while also providing secondary benefits including natural open space, preservation of riparian habitat, and corridors for wildlife movement. (b) The city has enacted comprehensive protections of the city's washes, including development and floodplain ordinances to limit erosion and protect structures, prohibitions against driving a motor vehicle into washes, and prohibitions against putting any waste or refuse in the city's washes. Camping in public washes leads to increased obstruction of stream drainages and natural flow, compromises habitats, disrupts wildlife corridors, and is frequently accompanied by the use of fire and flammable devices used for cooking and heating. (c) Camping in wash areas impairs the primary and secondary purposes of the city's washes, threatens the public safety of citizens and first responders attempting rescue during flood events, leads to fires and fire responses, and damages public welfare. Prohibiting camping in Tucson's washes is necessary to protect the city's primary and secondary interests in its washes and conforms with other city ordinances that protect and preserve them. Sec. 11-51.2. Prohibited conduct; exceptions. (a) Camping in a publicly-owned wash within the City of Tucson without the prior written approval of the city is prohibited and is a violation of this section. Sec. 11-51.3. Penalty. Violation of this section shall constitute a misdemeanor punishable by community service or fines not to exceed two hundred fifty dollars ($250.00), by imprisonment not to exceed ten (10) days, and by probation not to exceed one (1) year or both such fine and imprisonment. Sec. 11-51.4. Definitions. (a) Camping is defined as setting up or remaining in or at a campsite. (b) Campsite is any place where tents, shade structures, boxes, furniture, mattresses or other material are used for the purpose of establishing or maintaining a temporary place to live; or where any stove or fire is placed for the purpose of establishing or maintaining a temporary place to live. (c) Wash is defined as a watercourse having beds, banks, sides and channels through which waters currently flow, at least periodically, or through which waters flowed but no longer flow. "Wash" includes, but is not limited to, all defined washes or watercourses under any other section of the Tucson City Code, including all washes or watercourses mapped by the City Engineer pursuant to Section 26-3. For the purposes of this Article, "wash" also includes any culvert or similar drainage improvement that is located within a wash. (Ord. No. 12182, § 1, 6-17-25)

Tucson Code § 11-52 Loitering, congregating about railroad yards.

Sec. 11-52. Loitering, congregating about railroad yards. It shall be unlawful for any person, other than railroad employees, to assemble, congregate or gather, or to remain idly loitering in or about any railroad freight depot, warehouse or railroad yard, or where railroad cars are being loaded, unloaded, repaired or iced, unless such person has the express permission of the owner or lessee in possession or use of such railroad property so as to assemble, congregate or gather, or loiter. (1953 Code, ch. 18, § 43)

Tucson Code § 11-53 Soliciting passengers or baggage at railways or hotels.

Sec. 11-53. Soliciting passengers or baggage at railways or hotels. It shall be unlawful for any person to enter in or upon any depot, depot ground, hotel or hotel ground for the purpose of soliciting passengers or baggage to be transported or carried in any manner, without the consent of the owner of such ground or the person in charge thereof. (1953 Code, ch. 18, § 45)

Tucson Code § 11-54 Urinating or defecating in public.

Sec. 11-54. Urinating or defecating in public. It is unlawful for any person to urinate or defecate in a public place, or in any place exposed to public view, except an established lavatory or toilet. (Ord. No. 5340, § 3, 4-6-81) Editors Note: Ord. No. 4554, § 1, adopted Aug. 23, 1976, specifically amended the Code by repealing § 11-54 which pertained to spitting. The section had been derived from the 1953 Code, ch. 18. § 46. Subsequently, 3 of Ord. No. 5340, adopted Apr. 6, 1981, enacted a new § 11-54.

Tucson Code § 11-55 Definition of firearm and air gun; possession of firearms and air guns by minors; forfeiture of weapon, penalties.

Sec. 11-55. Definition of firearm and air gun; possession of firearms and air guns by minors; forfeiture of weapon, penalties. (a) Definitions: (1) Firearm means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, except that it does not include a firearm in permanently inoperable condition. (2) Air gun means any loaded or unloaded handgun, pistol, revolver, rifle, BB gun or pellet gun which will or is designed to or may readily be converted to expel a projectile by the action of compressed air or other gasses, except that it does not include an air gun in permanently inoperable condition. (b) A minor who is unaccompanied by a parent, grandparent or guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the minor’s parent or guardian shall not knowingly carry or possess on the minor’s person, within the minor’s immediate control, or in or on any means of transportation a firearm or air gun in any place that is open to the public or on any street or highway or on any private property, except private property owned or leased by the minor or the minor’s parent, grandparent or guardian. (c) This section does not apply to a minor who is fourteen (14), fifteen (15), sixteen (16) or seventeen (17) years of age and who is engaged in any of the following: (1) Lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm or air gun is not prohibited. (2) Lawful transportation of an unloaded firearm or air gun for the purpose of lawful hunting. (3) Lawful transportation of an unloaded firearm between the hours of 5:00 a.m. and 10:00 p.m. for the purpose of shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited. (4) Any activity that is related to the production of crops, livestock, poultry products or ratites or storage of agricultural commodities. (d) If the minor is in possession of a firearm or air gun and unaccompanied as required by subsection (b) of this section, a peace officer shall seize the firearm or air gun at the time the violation occurs. The law enforcement agency responsible for the seizure of firearms as provided herein, shall hold the firearm until the charges have been adjudicated or otherwise disposed of. (e) Any person who violates subsection (b) is guilty of a class two misdemeanor, and in addition to any other disposition authorized by Title 8 of the Arizona Revised Statutes, the court may: (1) Order the suspension or revocation of the minor's driver's license. If the minor does not have a driver's license at the time of adjudication, the court may direct that the department of transportation not issue a driver's license to the minor until the minor reaches eighteen (18) years of age. (2) Order that the firearm or air gun seized pursuant to subsection (d) be forfeited and sold, destroyed or otherwise properly disposed of. (f) Any parent or guardian of a minor who permits, or by insufficient control allows, the minor to carry or possess a firearm or air gun in violation of subsection (b) is guilty of a class two misdemeanor. (g) This section is supplemental to any other law imposing a criminal penalty for the use or exhibition of a deadly weapon. A minor who violates this section may be prosecuted and convicted for any other criminal conduct involving the use or exhibition of the deadly weapon. (Ord. No. 7933, § 2, 10-26-92; Ord. No. 8164, § 1, 11-15-93; Ord. No. 9416, § 1, 7-10-00)

Tucson Code § 11-56 Reporting of stolen and/or lost firearms required.

Sec. 11-56. Reporting of stolen and/or lost firearms required. (a) Any person who owns or possesses a firearm shall report the theft or loss of such firearm to the Tucson police department within forty-eight (48) hours of the time he or she knew or should have known the firearm has been stolen or lost, when either the owner or possessor resides in the city, or the theft or loss of the firearm occurs in the city. As used in this section, "firearm" has the same set forth in A.R.S. 13-105(19). (b) The provisions of subsection (a) of this section shall not apply to any of the following: 1. Law enforcement officials while engaged in their official duties; 2. Members of the armed forces of the United States, or of the national guard, while engaged in their official duties; 3. Firearms dealers and manufacturers licensed under federal law who are subject to the reporting requirements of 18 U.S.C. 923(g)(6). (c) A failure to report the loss or theft of a firearm as required in this section is a violation of the provisions of this section and constitutes a civil infraction, punishable by a civil sanction of one hundred dollars ($100.00). (Ord. No. 11081, § 1, 5-29-13)

Tucson Code § 11-57 Reserved.

Sec. 11-57. Reserved. Editors Note: Ord. No. 10126, § 19, adopted March 1, 2005, repealed § 11-57, which pertained to handbills; posting on public property and utility poles prohibited; civil infraction, costs of removal; minimum penalties and derived from Ord. No. 7699, § 1, adopted Oct. 7, 1991; Ord. No. 8958, § 3, adopted Sept. 22, 1997.

Tucson Code § 11-58 Water ditches, natural drainage channels--Deposit of offensive matter; obstructions.

Sec. 11-58. Water ditches, natural drainage channels--Deposit of offensive matter; obstructions. It shall be unlawful for any person to deposit or cause to be deposited in any acequia, water ditch, arroyo, or natural drainage channel, within the city, any filth, rubbish, garbage or any other matter or thing which is offensive to the sight or smell, or is derogatory to health, or trash, weeds or waste materials which in any manner obstruct or impede the natural or easy flow of the waste therein, or permit from the premises occupied by such person any house drainage or sewerage or any soapsuds or waste water in which any clothing or other materials have been washed, rinsed or cleaned, or any impure water whatever to drain into any such ditch, acequia, arroyo or natural drainage channel. (1953 Code, ch. 18, § 54; Ord. No. 1839, § 1, 7-21-58) Cross References: Sewerage and sewage disposal generally, ch.24.

Tucson Code § 11-59 Same--Duty of abutting property owners to clean.

Sec. 11-59. Same--Duty of abutting property owners to clean. It shall be unlawful for all persons owning or occupying premises within the city through which an acequia, arroyo, water ditch, or natural drainage channel runs not to keep such arroyo, acequia, water ditch or natural drainage channel at all times free from all rubbish, garbage, filth, growing vegetation, brush, and any and all foreign matter and things whatever, which may obstruct the natural and easy flow of the water therein, or which may endanger the health, safety or welfare of residents of the vicinity or the public in general. (1953 Code, ch. 18, § 55; Ord. No. 1839, § 2, 7-21-58)

Tucson Code § 11-60 Same--Duty to clean upon notice.

Sec. 11-60. Same--Duty to clean upon notice. It shall be the duty of persons mentioned in section 11-59, on notice in writing from the chief of the fire department or director of public works or their authorized deputies, to forthwith remove from any acequia, arroyo, water ditch or natural drainage channel which runs through their property within the city any rubbish, garbage, filth, growing vegetation, foreign matter of any type, or anything whatsoever which may impede the natural and easy flow of water, endanger or injure neighboring property or the free use and enjoyment of same, or endanger the health, welfare or safety of residents in the vicinity, or the public in general, within five (5) days from the date of such notice. (1953 Code, ch. 18, § 55a; Ord. No. 1839, § 3, 7-21-58)

Tucson Code § 11-61 Same--How notice to clean given; failure to comply.

Sec. 11-61. Same--How notice to clean given; failure to comply. The notice provided for in section 11-60 shall be given by registered letter to the owner at his last-known address and to the occupant; and if unoccupied, by posting the same in a conspicuous place on the property. If, within ten (10) days after giving such notice, the rubbish, garbage, filth, growing vegetation, foreign matter or thing mentioned in the notice shall not be removed, the chief of the fire department or director of public works, or their authorized deputies, shall then cause same to be removed at the expense of the owner of the property. A verified statement of the costs and expense in connection therewith shall be mailed to the record owner at his last-known address and to the occupant. The record owner shall be liable for the payment of the expense to the city, and an appropriate action in any court of competent jurisdiction may be maintained to collect the expense. (1953 Code, ch. 18, § 55b; Ord. No. 1839, § 4, 7-21-58)

Tucson Code § 11-62 Same--Nuisances declared.

Sec. 11-62. Same--Nuisances declared. The presence of garbage, trash, refuse, grass clippings and other waste materials, or the accumulation and presence of weeds, brush and natural vegetation to the extent that it impedes, obstructs or hinders the easy natural flow of drainage or floodwaters in any arroyo, water ditch, acequia or natural drainage channel is hereby declared a public nuisance; such nuisance may be abated by appropriate action in any court of competent jurisdiction by the city in addition to other remedies provided by law. (1953 Code, ch. 18, § 55c; Ord. No. 1839, § 5, 7-21-58)

Tucson Code § 11-63 Same--Violations, penalties.

Sec. 11-63. Same--Violations, penalties. Any person violating any of the provisions of sections 11-58, 11-59 and 11-60 shall be guilty of a misdemeanor; and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars ($100.00), or by imprisonment not to exceed ten (10) days, or by both such fine and imprisonment. (1953 Code, ch. 18, § 55d; Ord. No. 1839, § 6, 7-21-58)

Tucson Code § 11-64 Professional strikebreakers; employment, recruitment or furnishing as replacements for employees involved in labor disputes unlawful.

Sec. 11-64. Professional strikebreakers; employment, recruitment or furnishing as replacements for employees involved in labor disputes unlawful. Sec. 11-64(1). Purposes. (a) The purposes of this section are as follows: (1) To prohibit the recruitment of professional strikebreakers by persons or agencies not involved in the labor dispute. (2) To prohibit the employment of professional strikebreakers. (3) To encourage and promote stable economic development. (4) To encourage the orderly and peaceful settlement of labor disputes. (b) It is not the purpose of this section to prohibit an employer from hiring replacements for employees involved in a labor dispute when such replacements are not professional strikebreakers. Sec. 11-64(2). Definitions. Labor dispute includes any controversy concerning terms, tenure or conditions of employment or concerning the association or representation of persons in negotiation, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. Professional strikebreaker means a person who customarily and repeatedly offers himself for employment in the place of an employee involved in a labor dispute. It shall be presumed that a person customarily and repeatedly offers himself for employment in the place of a person involved in a labor dispute when such person shall have three (3) or more times offered to take or has taken employment in the place of persons involved in a labor dispute. Sec. 11-64(3). Supplying Strikebreakers Prohibited. No person shall recruit, procure, supply or refer any professional strikebreakers for employment in place of any employee involved in a labor dispute. But this subsection shall not be applicable to the Arizona State Employment Service or to referring employment agencies that are duly licensed by the State. Sec. 11-64(4). Employing Strikebreakers Prohibited. No person involved in a labor dispute shall, directly or indirectly: (a) Employ in the place of an employee involved in such dispute any professional strikebreakers; nor (b) Contract or arrange with any other person to recruit, procure, supply or refer professional strikebreakers for employment in such dispute. Sec. 11-64(5). Notification of Labor Dispute to the Employment Applicants. It is unlawful for any person to employ, recruit, solicit or advertise for employees, or refer persons to employment, in place of employees involved in a labor dispute, without adequate notice to such person, or in such advertisement, that there is a labor dispute at the place at which employment is offered and that the employment offered is in place of employees involved in such labor dispute. Sec. 11-64(6). Separate Offense. The recruiting, procuring, supplying, referring or employing of each professional strikebreaker shall constitute a separate offense; and each day of employment of a professional strikebreaker shall constitute a separate offense. Sec. 11-64(7). This section will in no way be construed to apply or interfere with any disputes or strikes that may be in progress at the time of the adoption of this section. (Ord. No. 2951, § 1, 12-19-66)

Tucson Code § 11-65 Unattended child in motor vehicle; classification.

Sec. 11-65. Unattended child in motor vehicle; classification. (a) It is unlawful to leave a child who is under ten (10) years of age in a motor vehicle without supervision by another person in the motor vehicle who is at least fourteen (14) years of age if either of the following applies: (1) The conditions tend to present a risk to the child's health, safety or welfare; or (2) The motor vehicle engine is running or the key to the motor vehicle is located in the passenger compartment. (b) A person who violates this section is guilty of a class 1 misdemeanor. (c) A person convicted of a violation of this section shall be fined not less than one thousand dollars ($1,000.00), and the imposition of this minimum fine cannot be suspended except as provided in subsection (d) of this section. (d) In a case involving a defendant's first violation of this section, the court may dismiss the charge if the defendant completes a parenting education program to which the defendant is referred by the court that includes a minimum of twenty-four (24) hours of parenting classes and/or counseling and that also includes education on the dangers of leaving young children unattended in motor vehicles. The program shall be capable of providing a certification of successful completion of its requirements. Upon completion of that program, the defendant shall provide that certification to the court. (e) Any peace officer is authorized to use whatever force is reasonable and necessary to remove any child from a vehicle whenever it appears that the child's life or health is endangered by extreme temperatures, lack of ventilation or any other condition existing within the vehicle as described in subsection (a). (Ord. No. 10580, § 1, 9-23-08, eff. 11-15-08)

Tucson Code § 11-66 Throwing stars; sale to minors prohibited, possession by minors prohibited.

Sec. 11-66. Throwing stars; sale to minors prohibited, possession by minors prohibited. (a) It is unlawful and a misdemeanor for any person in this city to sell, give or lend to a minor, or to allow a minor to possess, any instrument, without handles, consisting of a metal plate having three (3) or more radiating point with one (1) or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape that can be used as a weapon for throwing. (b) It is unlawful and a misdemeanor for any minor in this city to manufacture or cause to be manufactured, import into the city, keep for sale or offer or expose for sale or give, lend or possess any instrument, without handles, consisting of a metal plate having three (3) or more radiating points with one (1) or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape that can be used as a weapon for throwing. (Ord. No. 6049, § 1, 6-25-84)

Tucson Code § 11-67 Prohibition of certain automatic dialing and prerecorded message alarm systems.

Sec. 11-67. Prohibition of certain automatic dialing and prerecorded message alarm systems. (a) Prohibition. It shall be unlawful and a misdemeanor for any person to use or cause to be used any telephone device or telephone attachment that automatically selects a public primary telephone trunk line of the city and then reproduces any prerecorded message to report any burglary or other emergency. (b) Exemption. The term "person" shall not include the city. (Ord. No. 5890, § 1, 10-11-83; Ord. No. 6384, § 4, 2-3-86) Editors Note: The provisions of § 11-67 were formerly contained in § 11-88, which was repealed by § 2 of Ord. No. 6384. Since the subject matter is the same, the editor has retained a complete history note for the section.

Tucson Code § 11-68 Prohibition of containers in community center premises.

Sec. 11-68. Prohibition of containers in community center premises. It shall be unlawful for any patron to enter the Tucson Community Center Arena, Music Hall, or Little Theater with any bottle, flask, flagon, glass, thermos, can, wineskin, canister, or any other similar container, or to be in possession of the same on the above-described premises unless purchased from a vendor authorized by the community center. (Ord. No. 5890, § 1, 10-11-83; Ord. No. 6384, § 4, 2-3-86) Editors Note: The provisions of § 11-68 were formerly contained in § 11-91, which was repealed by § 2 of Ord. No. 6384. Since the subject matter is the same, the editor has retained a complete history note for the section.

Tucson Code § 11-69 Prohibition of certain items and activities at the Rodeo Parade and other parade events.

Sec. 11-69. Prohibition of certain items and activities at the Rodeo Parade and other parade events. (a) The provisions of this subsection (a) apply to the Tucson Rodeo Parade: (1) It is unlawful for any person to sell, give, transfer or possess any object or thing, including but not limited to plastic horns, inflated balloons, "poppers" and other illegal fireworks, manufactured primarily for the purpose of making, or which if carelessly or intentionally broken, punctured, directed toward an animal, sounded or otherwise mishandled is likely to make, a noise or movement which is likely to startle, frighten or otherwise cause or contribute to the loss of control over any animal in the annual Tucson Rodeo Parade, within one thousand (1,000) feet of the parade route during the parade day hours of 7:30 a.m. until the time that the last entry in the parade has passed. (2) It is unlawful for any person to use any object or thing, or do any act, in a manner that is intended or likely to startle, frighten or otherwise cause or contribute to the loss of control of any animal in the Tucson Rodeo Parade. (3) It is unlawful for an entrant, a parent or a legal guardian to allow a child: a. Under fourteen (14) years of age to participate as a walking entrant in the Tucson Rodeo Parade. b. Under six (6) years of age to participate as a passenger on a drawn entry in the Tucson Rodeo Parade. c. Under eight (8) years of age to participate on horseback in the Tucson Rodeo Parade. (b) The provisions in this subsection (b) apply only to the following events: the Tucson Rodeo Parade; the Downtown Parade of Lights; the Veteran's Day Parade; and the St. Patrick's Day Parade. (1) It is unlawful for any person to block, hamper, obstruct or impede the passage of, any person, equipment, float, bicycle, motor vehicle, other vehicle, or animal participating in a parade. (2) It is unlawful for any person to interfere with, grab at, take hold of, hit, pull, or push any person, equipment, float, bicycle, motor vehicle, other vehicle or animal participating or used in a parade, or anything in the possession of any participant in the parade. This subsection does not apply to persons who are authorized participants in the parade and whose duties include the management and control of equipment, vehicles or animals. (3) It is unlawful for any person to remove, displace or interfere with any lawfully placed sign, barricade, or other property or equipment used in connection with the closure of streets for, or other regulation of, a parade. (4) It is unlawful for any unauthorized person or vehicle to be on any roadway designated as a parade route, parade staging area, or parade dispersal point. (5) It is unlawful for any person to disobey the order of a police officer attempting to control traffic or crowd movement at a parade. (6) It is unlawful for any entrant in a parade to ride any animal or operate any vehicle, including any drawn or motor vehicle, with any alcohol or intoxicant in his or her system. (Ord. No. 6641, § 1, 2-9-87; Ord. No. 10494, § 1, 1-15-08)

Tucson Code § 11-70 Police authority over Rodeo Parade peddlers.

Sec. 11-70. Police authority over Rodeo Parade peddlers. Any provision of law to the contrary notwithstanding, peddlers at or near the Tucson Rodeo Parade may be limited with respect to areas of operation, items for sale, or access to spectators by order of any police officer on duty at the Parade deemed necessary to preserve and protect the public safety. It shall be unlawful for any person to disobey any such order by any such officer. (Ord. No. 6641, § 1, 2-9-87)

Tucson Code § 11-70.1 Operating motor vehicle off the roadway prohibited; definitions; exceptions; impoundment; hearing; penalties.

Sec. 11-70.1. Operating motor vehicle off the roadway prohibited; definitions; exceptions; impoundment; hearing; penalties. Sec. 11-70.1(1). Operating Motor Vehicle off the Roadway within One-Fourth Mile of a Structure Prohibited. It is a civil infraction for any person to operate a motor vehicle off the roadway within one-fourth mile of any structure, occupied or not, within the city. It is not a defense that the operator of the motor vehicle did not know he was operating within one-fourth mile of a structure. Sec. 11-70.1(2). Definitions. (a) Motor vehicle means any vehicle as defined under Arizona state law, or any vehicle, whether required to be licensed or not, propelled wholly or in party by a motor. (b) Operate means driving or controlling a vehicle whether moving, running or not. (c) Roadway means any dedicated street or alley or any road or parking lot generally open to the public for purposes of vehicular travel. For purposes of this section, "roadway" shall include any private driveway or private property utilized by the property owner or any invitee or licensee thereof for any purpose other than access to or entry onto a dry wash or riverbed. (d) Structure means any building used or capable of being used for any residential, commercial, agricultural or governmental purpose. (e) Dry wash or riverbed is defined as a watercourse having beds, banks, sides and channels through which either waters currently flow, at least periodically, or through which waters flowed but no longer flow. Sec. 11-70.1(3). Exceptions. The provisions of this section shall not apply: (a) When the person is the owner of the property or has the written permission to operate a motor vehicle off the roadway on the property except that permission cannot be granted to drive a motor vehicle in a dry wash or riverbed within one-fourth mile of a structure. The written permission must be in the person's possession and must be shown upon demand to the law enforcement officer and the permission shall contain the notarized signature of the person legally entitled to possession of said property. (b) When the person is operating an authorized emergency vehicle including towing services. (c) When the person is operating a motor vehicle actually used in the process of farming or ranching. (d) When the person is operating a motor vehicle owned by a business or enterprise licensed by the city and used in the legitimate off-road operations of the business or enterprise, such as sand and gravel operations, land surveying operations, construction companies, utility companies, and other similar enterprises. (e) When the person is a governmental employee operating a vehicle while on government business. (f) When the person is operating a golf cart on a golf course. Sec. 11-70.1(4). Impoundment of the Vehicle, Hearing Procedures. The citing authority shall impound or cause to be impounded any motor vehicle operated in violation of this section and issue a civil citation giving notice that there shall be a hearing within forty-eight (48) hours excluding weekends and holidays before a hearing officer. The hearing officer shall determine the responsibility of the operator and the release of the vehicle pursuant to the following procedures: (a) The defendant shall admit or deny the allegations of the citation. If the defendant admits the allegations, the hearing officer shall immediately enter judgment against the defendant. If the defendant denies the allegations, the hearing officer shall hold the hearing immediately. If the defendant fails to appear as directed on the citation, the hearing officer shall enter a default judgment against the defendant and order the police department to continue to hold the impounded vehicle and dispose of the vehicle pursuant to sections 20-13 and 20-14 of this Code. (b) Immediately after the hearing, if the hearing officer determines the existence of a violation, the hearing officer shall enter judgment in favor of the plaintiff and penalties shall be assessed pursuant to this section. Otherwise, judgment shall be entered in favor of the defendant. (c) If a continuance is granted to the defendant for good cause, the impounded vehicle may be released upon the posting of a cash bond covering the cost of the towing, impoundment and potential fine. If a continuance is granted to the city for good cause, the impounded vehicle shall be released forthwith without the necessity of a bond. (d) If a case is continued, the hearing officer shall set the hearing within thirty (30) days. (e) If judgment is entered in favor of the defendant the impounded vehicle shall be released forthwith to the operator or owner of the impounded vehicle without any towing or impoundment cost and any bond posted shall be returned to the person posting the bond. (f) In the event of a conflict between the provisions of this section and the provisions of chapter 8 of this Code, the provisions of this section shall control. Sec. 11-70.1(5). Penalties, Return of Impounded Vehicle. (a) If judgment is entered against the defendant, the hearing officer shall impose a fine for a first offense of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) per violation. For a second offense, the hearing officer shall impose a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) per violation. The imposition of any fine under this section shall not be suspended. If there is a bond posted, the bond shall be forfeited except when posted by a person other than the defendant. When the bond is posted by someone other than the defendant, the bond shall be held for ten (10) days, unless the penalties are paid earlier. Notice shall be sent to the person posting the bond informing the person that the bond will be forfeited unless the penalties are paid within ten (10) days from the date judgment was entered. If after notice has been sent to the poster of the bond and the penalties are not paid within the prescribed 10-day period, the hearing officer shall order the bond to be forfeited. (b) The hearing officer shall order the release of the impounded vehicle to the operator or owner upon payment of the fine, towing and impoundment fees. (c) If the fine, towing and impoundment fees are not paid within ten (10) days, the hearing officer shall inform the police department to proceed pursuant to section 20-13 and 20-14 of this Code. (Ord. No. 6675, § 1, 3-23-87; Ord. No. 8958, § 3, 9-22-97) Editors Note: Section 1 of Ord. No. 6675, adopted Mar. 23, 1987, added § 11-70, which the editor has redesignated § 11-70.1 in order to avoid duplication of section numbers.

Tucson Code § 11-70.2 Violation declared misdemeanor; penalties.

Sec. 11-70.2. Violation declared misdemeanor; penalties. Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. (Ord. No. 10494, § 2, 1-15-08) Editors Note: Ord. No. 10494, § 2, adopted Jan. 15, 2008, added § 11-71, which the editor has redesignated as § 11-70.2 in order to avoid duplication of section numbers.

Tucson Code § 11-70.3 through 11-70.4 Reserved.

Secs. 11-70.3, 11-70.4. Reserved. Editor’s Note: Sections 11-70.3, 11-70.4, relating to police restricted areas, derived from Ord. No. 11746, § 1, adopted April 21, 2020, were repealed by § 2 of Ord. No. 11770, adopted July 7, 2020.

Source: City of Tucson, Tucson Code (Charter and General Ordinances) and Unified Development Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az/0-0-0-9173Fetched: 10/28/2026