GENERAL PROVISIONS

Tucson Code ch. 1

in effect

Tucson Code § 1-1 How Code designated and cited.

Sec. 1-1. How Code designated and cited. The ordinances embraced in the following chapters and sections shall constitute and be designated as the "Tucson Code" and may be so cited, or may be cited "T.C." (1953 Code, ch. 1, § 1)

Tucson Code § 1-2 Definitions and rules of construction.

Sec. 1-2. Definitions and rules of construction. The following definitions and rules of construction shall be applied in constructing the provisions of this Code. Sec. 1-2(1). And, or. "And" may be read "or," and "or" may be read "and" if the sense requires it. Sec. 1-2(2). Bond. When a bond is required, an undertaking in writing shall be sufficient. Sec. 1-2(3). City means the City of Tucson, in the County of Pima and State of Arizona, except as otherwise provided. Sec. 1-2(4). Code means the Tucson Code. Sec. 1-2(5). Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day be Sunday or a legal holiday, that shall be excluded. Sec. 1-2(6). County means Pima County, Arizona. Sec. 1-2(7). Gender. Words importing the masculine gender include the feminine and neuter. Sec. 1-2(8). Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. Sec. 1-2(9). Keeper and proprietor includes persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or through a servant, agent or employee. Sec. 1-2(10). Mayor and council means the mayor and members of the city council of the city. Sec. 1-2(11). Month means a calendar month. Sec. 1-2(12). Number. Words used in the singular include the plural and the plural includes the singular number. Sec. 1-2(13). Oath. The word "oath" includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath; and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed." Sec. 1-2(14). Or, and. "Or" may be read "and," and "and" may be read "or" if the sense requires it. Sec. 1-2(15). Owner, applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land. Sec. 1-2(16). Person includes a corporation, company, partnership, association or society as well as a natural person. Sec. 1-2(17). Personal property includes money, goods, chattels, things in action and evidences of debt. Sec. 1-2(18). Preceding, following mean next before and next after, respectively. Sec. 1-2(19). Property includes real and personal property. Sec. 1-2(20). Public place includes any park, cemetery, schoolyard or open space adjacent thereto and any lake or stream. Sec. 1-2(21). Real property includes lands, tenements and hereditaments. Sec. 1-2(22). Sidewalk means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians. Sec. 1-2(23). Signature or subscription includes a mark when the person cannot write, his name being written near it, and witnessed by a person who writes his own name as witness. Sec. 1-2(24). State means the State of Arizona. Sec. 1-2(25). Street means and includes any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, bridge and the approaches thereto within the city. Sec. 1-2(26). Tenant, occupant, applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others. Sec. 1-2(27). Tense. Words used in the past or present tense include the future as well as the past and present. Sec. 1-2(28). Writing includes printing. Sec. 1-2(29). Year means a calendar year. (1953 Code, ch. 1, § 2) State Law References: Definitions and construction of statutes generally, A.R.S. § 1-211 et seq.

Tucson Code § 1-3 Catchlines of sections.

Sec. 1-3. Catchlines of sections. The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of such sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (1953 Code, ch. 1, § 3)

Tucson Code § 1-4 Effect of repealing ordinances.

Sec. 1-4. Effect of repealing ordinances. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed. (1953 Code, ch. 1, § 4)

Tucson Code § 1-5 Severability of parts of Code.

Sec. 1-5. Severability of parts of Code. It is hereby declared to be the intention of the mayor and council that the sections, paragraphs, sentences, clauses and words of this Code are severable; and if any word, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining words, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the mayor and council without the incorporation in this Code of any such unconstitutional word, clause, sentence, paragraph or section. (1953 Code, ch. 1, § 6)

Tucson Code § 1-6 Provisions declared continuation of existing ordinances.

Sec. 1-6. Provisions declared continuation of existing ordinances. The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the effective date of this Code, shall be considered as continuations thereof and not as new enactments. (1953 Code, ch. 1, § 7)

Tucson Code § 1-7 Jurisdiction over areas owned or leased by city.

Sec. 1-7. Jurisdiction over areas owned or leased by city. All ordinances of the city shall apply within land lying outside of the city limits that is owned or leased by the city, and any violation of an ordinance of the city occurring within the territorial limits of such land may be punished by the city to the same extent and with like effect as if the violation occurred within the corporate limits; however, this section shall not apply unless the mayor and council of the city authorize or ratify by motion the erection, at any point at which a public road enters such land, of a sign, not less than eighteen (18) inches by three (3) feet in size, containing a warning notice in bold letters that the area being entered is subject to the jurisdiction of the city. (1953 Code, ch. 1, § 8) Cross References: Jurisdiction of city court over areas owned or leased outside city, § 8-1.

Tucson Code § 1-8 General penalty; misdemeanors; civil infractions; continuing violations.

Sec. 1-8. General penalty; misdemeanors; civil infractions; continuing violations. Sec. 1-8(1). Except for those acts declared to be civil infractions, whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punishable by a fine not exceeding twenty-five hundred dollars ($2,500.00) or by imprisonment for not more than six (6) months, or by a maximum of thirty-six (36) months probation or by such fine, imprisonment, and probation or combination thereof, in the discretion of the city magistrate. (Ord. No. 5716, § 2, 2-28-83; Ord. No. 7627, § 1, 5-6-91) Sec. 1-8(2). Except for provisions relating to civil traffic violations, whenever in this Code or in any ordinance of the city any act is made or declared to be a civil infraction, where no specific penalty is provided therefor, the violation of any such provision or ordinance shall be as set out in chapter 8 of this Code. (Ord. No. 5716, § 2, 2-28-83; Ord. No. 5929, § 1, 12-19-83; Ord. No. 8154, § 1, 11-8-93) Sec. 1-8(3). Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense. (Ord. No. 5716, § 2, 2-28-83; Ord. No. 5929, §§ 2, d, 12-19-83) Sec. 1-8(4). In this Code, when a fine is imposed or required, it is within the discretion of the judge or hearing officer to substitute community service in lieu of any fine. Except where a different rate is expressly provided in the Code section that has been violated, the rate at which community service shall be valued as a setoff against the fine shall be ten dollars ($10.00) for each hour of community service work performed. Participation in the City of Tucson's Work Alternative Program shall qualify as community service for purposes of this section. (Ord. No. 7781, § 1, 3-16-92; Ord. No. 10378, § 1, 3-6-07) Sec. 1-8(5). Where, pursuant to the provisions of chapter 8 of this Code, the city court orders the reimbursement of incarceration costs to the city, or imposes administrative fees, such reimbursement or fees are hereby declared to be cost recovery measures, administrative in nature, and shall not be construed as imposing a fine under subsection 1-8(1) above. (Ord. No. 8557, § 2, 8-7-95) Editors Note: Section 1 of Ord. No. 5716, adopted Feb. 28. 1983, effective July 1, 1983. repealed former §§ 1-8, 1-8.1, relating to penalties for Code violations, derived from 1953 Code, ch. 1, § 5; Ord. No. 4923, § 1, adopted Jan. 2, 1979; and Ord. No. 5391, §§ 1, 2, adopted Aug. 3, 1981. Section 2 of Ord. No. 5716 added a new § 1-8. Charter References: Violations of Charter and ordinances, ch. XXV, § 5. Cross References: Administrative hearing office to hear and decide violations deemed to be civil infractions, § 28-2(2).

Tucson Code § 1-9 Imprisonment to be in city or county jail.

Sec. 1-9. Imprisonment to be in city or county jail. All persons sentenced to imprisonment or detained by the chief of police for the violation of any provision of the Charter, this Code or any other ordinance of the city, shall be imprisoned of. detained in the county jail, city jail or other appropriate detention facility in the discretion of' the city magistrate or the chief of police. (1953 Code, ch. 1, § 10; Ord. No. 5897, § 1, 11-7-83) Charter References: Violations of Charter and ordinances, ch. XXV, § 5.

Tucson Code § 1-10 Labor required of prisoners; classification as regular or trusties.

Sec. 1-10. Labor required of prisoners; classification as regular or trusties. Not less than seventy-five (75) percent of all persons confined in the city jail annex or county jail for the violation of any provision of the Charter, this Code, or any ordinance of the city shall, upon demand by the chief of police, the city magistrate, or their duly authorized representatives, perform labor on the public works of the city. Such persons shall perform such regular prisoners. (1953 Code, ch. 1, § 11; Ord. No. 4151, § 1, 3-18-74)

Tucson Code § 1-11 Persons deemed trusties.

Sec. 1-11. Persons deemed trusties. Persons working on public streets, highways or doing any other work or service outside the city jail, city jail annex or county jail and without requiring armed guards, or who hold any other similar position of confidence and trust either within or without the city jail, city jail annex or county jail, shall be deemed trusties. (1953 Code, ch. 1, § 11)

Tucson Code § 1-12 Designation of trusties; supervision of working prisoners.

Sec. 1-12. Designation of trusties; supervision of working prisoners. Persons to perform work or services as trusties shall be designated by the chief of police, the city magistrate, or their duly authorized representatives. Trusties who shall perform work or service upon public works shall be deemed to be under the direction and supervision of the director of public works, or his duly authorized representatives. (1953 Code, ch. 1, § 11)

Tucson Code § 1-13 Credit on sentence for trusties.

Sec. 1-13. Credit on sentence for trusties. Any person who is a trusty shall be allowed double time while so employed and each day so employed shall be counted as two (2) days in computing time on his sentence. However, in case of a breach of trust, the chief of police or the city magistrate may declare all or part of the double time forfeited. (1953 Code, ch. 1, § 11)

Tucson Code § 1-14 City not liable for acts of trusties.

Sec. 1-14. City not liable for acts of trusties. Neither the city, its officers, agents or employees, shall be liable in any way to the trusties, or otherwise, for any damages whatsoever which may, directly or indirectly, arise out of work or service which may be performed by trusties; in consideration of the advantages and privileges to be obtained by being a trusty, all trusties shall be required to sign a complete waiver and release, setting forth the nonliability of the city, or have their duties, rights and privileges as a trusty revoked. (1953 Code, ch. 1, § 11)

Tucson Code § 1-15 Escape of prisoners.

Sec. 1-15. Escape of prisoners. Any person sentenced to imprisonment or detained by the chief of police, pursuant to lawful arrest, who escapes, or attempts to escape, while in the custody of the chief of police, shall be guilty of a misdemeanor. (1953 Code, ch. 1, § 12; Ord. No. 2478, §§ 1, 2, 7-1-63) State Law References: Assisting escape prohibited, A.R.S. § 13-2510.

Tucson Code § 1-16 Treatment of prisoners.

Sec. 1-16. Treatment of prisoners. All prisoners confined in the city jail or county jail shall be treated with the utmost kindness compatible with the enforcement of the rules and regulations necessary to compel discipline and obedience to the officer in charge. (1953 Code, ch. 1, § 13) State Law References: Abuse of prisoner prohibited, A.R.S. § 31-127.

Tucson Code § 1-17 Duty of chief of police to assure security of prisoners.

Sec. 1-17. Duty of chief of police to assure security of prisoners. The chief of police shall procure and use such means as he shall deem necessary for the security of all prisoners under his charge. (1953 Code, ch. 1, § 14)

Tucson Code § 1-18 Chief of police to prescribe additional prisoner regulations.

Sec. 1-18. Chief of police to prescribe additional prisoner regulations. The chief of police shall prescribe such further rules and regulations as shall be necessary for carrying into effect the provisions of sections 1-9 through 1-17. (1953 Code, ch. 1, § 15) Cross References: Filing regulations, § 2-9.

Tucson Code § 1-19 Wards described.

Sec. 1-19. Wards described. Pursuant to section 8 of chapter XVI of the Tucson Charter, the six (6) wards of the city are redistricted. Each ward shall consist of all that part within the corporate limits of the city lying within the voting precincts established by the county board of supervisors, and effective on September 29, 2023, as set forth below. The city clerk shall prepare a map entitled "City of Tucson Ward Map" depicting the ward boundaries and the precincts therein, three (3) copies of which map shall be kept on file in the office of the city clerk. Sec. 1-19(1). Ward No. 1: Precinct numbers 016, 017, 018, 020, 022, 025, 026, 028, 033, 037, 045 (split with Ward 6), 047, 052, 059, 097, 143, 144, 153 (split with Ward 3), 157, 190, 244, 245, 247, 248. (Ord. No. 5312, § 1, 2-17-81; Ord. No. 5635, § 1, 9-7-82; Ord. No. 6103, § 1, 10-22-84; Ord. No. 7056, § 1, 10-3-88; Ord. No. 7397, § 1, 4-16-90; Ord. No. 7940, § 1, 12-14-92; Ord. No. 9785, § 1, 10-21-02; Ord. No. 11033, § 1, 11-20-12; Ord. No. 11209, § 1, 11-5-14; Ord. No. 11810, § 1, 12-8-20) Sec. 1-19(2). Ward No. 2: Precinct numbers 009, 061, 069, 099, 106, 107, 116, 117, 118, 119, 120, 121, 126, 128, 129, 130, 131, 174, 178, 180, 181, 183, 192, 199, 214, 243, 262 (split with Ward 4). (Ord. No. 5312, § 1, 2-17-81; Ord. No. 5635, § 1, 9-7-82; Ord. No. 6103, § 1, 10-22-84; Ord. No. 7056, § 1, 10-3-88; Ord. No. 7397, § 1, 4-16-90; Ord. No. 7940, § 1, 12-14-92; Ord. No. 9785, § 1, 10-21-02; Ord. No. 11033, § 1, 11-20-12; Ord. No. 11209, § 1, 11-5-14; Ord. No. 11810, § 1, 12-8-20) Sec. 1-19(3). Ward No. 3: Precinct numbers 032, 034, 036, 038, 042 (split with Ward 6), 043, 055, 056, 057, 058, 067, 068, 072 (split with Ward 6), 085, 087, 089, 092, 153 (split with Ward 1), 154, 164, 166, 167, 170, 186, 210, 225, 230, 254, 260. (Ord. No. 5312, § 1, 2-17-81; Ord. No. 5635, § 1, 9-7-82; Ord. No. 6103, § 1, 1022-84; Ord. No. 7056, § 1, 10-3-88; Ord. No. 7397, § 1, 4-16-90; Ord. No. 7940, § 1, 12-14-92; Ord. No. 9785, § 1, 10-21-02; Ord. No. 11033, § 1, 11-20-12; Ord. No. 11209, § 1, 11-5-14; Ord. No. 11810, § 1, 12-8-20) Sec. 1-19(4). Ward No. 4: Precinct numbers 039, 049, 090, 095, 105, 109, 113 (split with Ward 6), 114, 122, 123, 124, 132, 133, 156, 176, 177, 182, 195, 197, 217, 218, 221, 224, 262 (split with Ward 2), 264, 265, 275 (split with Ward 5). (Ord. No. 5312, § 1, 2-17-81; Ord. No. 5635, § 1, 9-7-82; Ord. No. 6103, § 1, 10-22-84; Ord. No. 7056, § 1, 103-88; Ord. No. 7397, § 1, 4-16-90; Ord. No. 7940, § 1, 12-14-92; Ord. No. 9785, § 1, 10-21-02; Ord. No. 11033, § 1, 11-20-12; Ord. No. 11209, § 1, 11-5-14; Ord. No. 11810, § 1, 12-8-20) Sec. 1-19(5). Ward No. 5: Precinct numbers 011, 019, 048, 050, 051, 053, 054, 064, 066, 082 (split with Ward 6), 086, 155, 159, 160, 231, 232, 246, 275 (split with Ward 4). (Ord. No. 5312, § 1, 2-17-81; Ord. No. 5635, § 1, 9-7-82; Ord. No. 6103, § 1, 10-22-84; Ord. No. 7056, § 1, 10-3-88; Ord. No. 7397, § 1, 4-16-90; Ord. No. 7940, § 1, 12-14-92; Ord. No. 9785, § 1, 10-21-02; Ord. No. 11033, § 1, 11-20-12; Ord. No. 11209, § 1, 11-5-14; Ord. No. 11810, § 1, 12-8-20) Sec. 1-19(6). Ward No. 6: Precinct numbers 042 (split with Ward 3), 044, 045 (split with Ward 1), 062, 063, 072 (split with Ward 3), 073, 075, 078, 080, 082 (split with Ward 5), 091, 093, 094, 096, 098, 100, 103, 108, 111, 113 (split with Ward 4), 189. (Ord. No. 5312, § 1, 2-17-81; Ord. No. 5635, § 1, 9-7-82; Ord. No. 6103, § 1, 10-22-84; Ord. No. 7056, § 1, 10-3-88; Ord. No. 7397, § 1, 4-16-90; Ord. No. 7940, § 1, 12-14-92; Ord. No. 9785, § 1, 10-21-02; Ord. No. 11033, § 1, 11-20-12; Ord. No. 11209, § 1, 11-5-14; Ord. No. 11810, § 1, 12-8-20) (Ord. No. 2712, § 2, 12-12-64; Ord. No. 3200, § 1, 12-20-68; Ord. No. 4042, § 1, 6-25-73; Ord. No. 4579, § 1, 10-4-76; Ord. No. 5011, § 1, 8-6-79; Ord. No. 5312, § 1, 2-17-81; Ord. No. 5635, § 1, 9-7-82; Ord. No. 6103, § 1, 10-22-84; Ord. No. 7397, § 1, 4-16-90; Ord. No. 7875, § 1, 8-3-92; Ord. No. 7940, § 1, 12-14-92; Ord. No. 9785, § 1, 10-21-02; Ord. No. 11033, § 1, 11-20-12; Ord. No. 11209, § 1, 11-5-14; Ord. No. 11810, § 1, 12-8-20; Ord. No. 11925, § 1, 5-3-22; Ord. No. 11979, § 1, 12-20-22; Ord. No. 12081, § 1, 5-7-24) Charter References: City to be divided into wards, ch. XVI, § 8. Cross References: Elections generally, ch. 12.

Tucson Code § 1-20 Additions to wards upon annexation.

Sec. 1-20. Additions to wards upon annexation. Upon annexation of new areas to the city, the annexed area shall, unless otherwise specified, be added to the ward formed by the projection of the following boundary lines: Sec. 1-20(1). Ward No. 1. Projection of Silverbell Road to the north and Tucson Nogales Highway to the south. Sec. 1-20(2). Ward No. 2. Projection of Country Club Road to the north and 22nd Street to the east. Sec. 1-20(3). Ward No. 3. Projection of Silverbell Road to the north and Country Club Road to the north. Sec. 1-20(4). Ward No. 4. Projection of Wilmot Road to the south and 22nd Street to the east. Sec. 1-20(5). Ward No. 5. Projection of Tucson Nogales Highway to the south and Wilmot Road to the south. Sec. 1-20(6). Ward No. 6. No projection. (Ord. No. 2712, § 2, 12-21-64; Ord. No. 3200, § 1, 12-20-68; Ord. No. 4042, § 2, 6-25-78; Ord. No. 4579, § 2, 10-4-76; Ord. No. 7940, § 2, 12-14-92; Ord. No. 9785, § 2, 10-21-02; Ord. No. 11033, § 2, 11-20-12) Cross References: Elections generally, ch. 12.

Tucson Code § 1-21 Vice mayor.

Sec. 1-21. Vice mayor. As provided in Chapter IX., § 2 of the Charter, the mayor and council will annually elect one of the councilmembers to serve as vice mayor. The following provisions apply to the election and the duties of the vice mayor. (a) Letter of Interest. Any councilmember interested in being elected as vice mayor shall submit a letter of interest to the city clerk no later than the third Monday in November, which will be shared with the mayor and council. The letter should describe the councilmember's goals and objectives during the term. (b) Election. The mayor and council shall meet in the first week in December each year to elect a vice mayor. In years involving a general municipal election, that meeting shall be on the first Monday in December. In electing the vice mayor, they will choose from interested councilmembers who have submitted a letter of interest. If none have submitted a letter of interest, they will choose from any of the then-current councilmembers. (c) Voting. Election of the vice mayor will be determined by simple majority vote of the mayor and council. (d) Term. The term of the vice mayor is one year, as specified in the Charter, Chapter IX, § 2. (e) Vacancy. If the office of the vice mayor becomes vacant, the mayor and council shall meet within a reasonable time to elect a new vice mayor to serve the remainder of the existing term. (f) Duties. The vice mayor will: (1) Work to develop a positive working relationship with and among the mayor and council. (2) Oversee specific priority projects and policies as determined by the mayor and council. (3) During the absence or disability of the Mayor, act as mayor pro tempore, consistent with Chapter VIII, § 1 of the Charter. During such absence or disability, the powers and duties of the office of mayor devolve upon the vice mayor. (4) In case of a vacancy in the office of the mayor, act as mayor until such vacancy is filled, consistent with Chapter VIII, § 1 of the Charter. During such vacancy, the powers and duties of the office of mayor devolve upon the vice mayor. (5) Sign approved ordinances and resolutions during the absence, disability, or vacancy of the mayor. (6) Serve as the city's liaison to membership organizations or associations of governmental entities (e.g., the League of Arizona Cities and Towns), as the mayor may designate from time to time. As the city's liaison, the vice mayor will build relationships and advocate for the city's interests. The vice mayor will keep the mayor and council informed about developments related to these organizations or associations. (7) Serve as the city's intergovernmental liaison to the Arizona legislature and legislative committees, regional governmental committees, elected and appointed officials, and other Arizona local governments, as the mayor may designate from time to time. As the intergovernmental liaison, the vice mayor will build relationships and advocate for the city's interests. The vice mayor will keep the mayor and council informed about developments related to these intergovernmental entities. (g) Limitations. The vice mayor does not have the authority to obligate the city or the mayor and council in any way without prior authorization of the mayor and council; but may make recommendations to the mayor and council on matters relating to the duties of the vice mayor. (Ord. No. 12058, § 1, 11-14-23)

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/0-0-0-1388Fetched: 10/28/2026