ARTICLE VI.
MISCELLANEOUS CRIMES

Sec. 7-201 False reports of crimes.

It shall be unlawful for any person knowingly to give false information to a police officer concerning a crime or reported crime.

(Ord. No. 146, 3-13-72)

Sec. 7-202 Interference with city officers or employees.

It shall be unlawful for any person to interfere with, hamper or harass any city officer or employee who is engaged in the official performance of his duties.

Sec. 7-203 Injuring, destroying, etc., city property.

It shall be unlawful for any person to intentionally or willfully destroy, injure, or deface any property owned, used or leased by the city without the consent of the city.

Sec. 7-204 Curfew for minors.

(a) It is unlawful for any person under the age of eighteen (18) years to remain in or upon any street, alley, public place or other area open to the public within the city limits between the hours of 10:00 p.m. and 5:00 a.m. Sunday through Thursday and between 11:00 p.m. and 5:00 a.m. Friday and Saturday, unless such minor is accompanied by a parent, guardian or an adult having supervisory authority, or is on an emergency errand or has been specifically directed to the location on reasonable legitimate business or some other activity by a parent, guardian or adult having supervisory authority.

(b) It is unlawful for any parent, guardian or other person having the legal care and custody of any person under the age of eighteen (18) years to allow or permit such child to remain upon any street, alley or public place, or other area open to the public within the city limits between the hours of 10:00 p.m. and 5:00 a.m. Sunday through Thursday and between 11:00 p.m. and 5:00 a.m. Friday and Saturday, unless such minor is accompanied by a parent, guardian, or an adult having supervisory authority, or is on an emergency errand or has been specifically directed to the location on reasonable legitimate business or some other activity by a parent, guardian or adult having supervisory authority.

(c) In the event that minors subject to this section are required for employment purposes to be upon any street, alley, public place or other area open to the public during curfew hours, they shall have in their possession proof of employment and written permission from a parent, legal guardian, or custodian.

(d) A violation of this section shall be a petty offense, punishable by a fine not to exceed three hundred dollars ($300.00).

(Supp. 1970, § 13-20; Ord. No. 586, 10-7-85; Ord. No. 1216, § 1, 4-5-99)

Sec. 7-205 Discharge of weapons.

(a) Definitions.

(1) Deadly weapon means anything designed for lethal use. The term includes firearms, explosives, bow and arrow, crossbows, and prohibited weapons as defined in A.R.S. section 13-3101. Deadly weapon does not include blasting under controlled conditions by a person or entity with lawful authority to blast.

(2) Peace officers means any person vested by law with a duty to maintain public order and make arrests.

(3) Firearm means any loaded or unloaded 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 or compressed gas, including air which is compressed through pump action, except that it does not include a firearm in permanently inoperable condition.

(4) Open season is as defined in A.R.S. section 17-101(A)12.

(5) Licensed means a person that holds a valid permit, license or other lawful authority to hunt, issued by the Arizona Game and Fish Department.

(6) Hunting area means an area recommended and approved by the Arizona Game and Fish Commission.

(7) Discharge means to expel a projectile from a deadly weapon.

(8) A properly supervised and designated range for purposes of this section means a range operated by a club affiliated with the National Rifle Association of America, the Amateur Trapshooting Association, the National Skeet Association, or any other nationally recognized shooting organization, any agency of the federal government, State of Arizona, County of Mohave, City of Kingman, or any public or private school, and, in the case of air or carbon dioxide gas operated guns, or underground ranges on private or public property, such ranges may be operated with adult supervision.

(b) Discharge of deadly weapons or firearms.

(1) It shall be unlawful for any person to discharge a deadly weapon or firearm within the limits of the city except:

a. As allowed pursuant to the provisions of Chapter 4 of Title 13, Arizona Revised Statutes.

b. On a properly supervised range.

c. In a hunting area as recommended and approved by the Arizona Game and Fish Department, and in an open season, by a licensed person, and is not within one-quarter of a mile of an occupied structure, but any such area may be closed at any time when deemed unsafe by the chief of police, or the Director of the Game and Fish Department.

d. For the control of nuisance wildlife by permit from the Arizona Game and Fish Department or the United States Fish and Wildlife Service.

e. By special permit of the Kingman chief of police.

f. As required by an animal control officer in the performance of duties as specified in A.R.S. section 9-499.04.

g. Peace officers in the performance of their official duties.

(2) Subsection (b)(1) of this section shall not be construed as prohibiting private property owners, or their invitees, from engaging in bow and arrow or crossbow target practice on the private property, at their own risk and in a reasonably safe manner, under adult supervision.

(3) Subsection (b)(1) of this section shall not be construed as violating any of the prohibitions as contained in Arizona Administrative Code section 12-4-110, with respect to state lands located within the City of Kingman.

(c) Penalty. A violation of this section is a class 1 misdemeanor.

(Ord. No. 408, § 4, 1-12-81; Ord. No. 412, 2-10-81; Ord. No. 717, 9-6-88; Ord. No. 944, 10-26-92; Ord. No. 1254, § 1, 5-15-2000; Ord. No. 1717, § 1, 9-6-11)

Sec. 7-206 Reserved.

Editor’s note: Ord. No. 1686, § 1, adopted Aug. 16, 2010, and effective Dec. 1, 2010, repealed § 7-206, concerning fireworks, as derived from Ord. No. 408, § 4, adopted Jan. 12, 1981, and Ord. No. 412, adopted Feb. 10, 1981.

Sec. 7-207 Smoking in enclosed public places and places of employment.

(a) Definitions.

(1) Administrative area: The area of an establishment not generally accessible to the public, including, but not limited to, individual offices, stockrooms, employee lounges, or meeting rooms.

(2) Bar: An area devoted primarily to alcoholic beverage service to which food service is only incidental.

(3) Employee: Any person who is employed by any employer for direct or indirect monetary wages or profit, or is in a position that would lead one to believe that such person is so employed.

(4) Employer: Any person, partnership, corporation, association or other entity, that employs one or more persons.

(5) Enclosed: Closed in by a roof and walls with appropriate openings for ingress and egress.

(6) Food establishment: Any public establishment that prepares food for consumption in enclosed dining areas but not including bars, bowling lanes, or game rooms.

(7) Public service area: Any area to which the general public routinely has access for municipal or utility services, but not administrative areas.

(8) Public place: Any enclosed indoor area that may be used by the general public. Administrative areas are not public places.

(9) Smoke or smoking: Includes the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or device, and the lighting of, emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind.

(10) Workplace: Any enclosed area of a structure, or portion thereof, intended for occupancy by employees who provide primarily clerical, professional, or business services of a business entity, or which provide primarily clerical, professional, or business services to other business entities, or to the public, at that location. The enclosed indoor area under the control of the employer shall include those areas to which employees have access during the course of employment, including, but not limited to, work areas, employee lounges, employee restrooms, employee conference rooms, and employee cafeterias. A private residence is not a place of employment.

(b) Smoking prohibited in certain public places. It is unlawful for any person to smoke in enclosed public places of the following:

(1) Food stores, including convenience markets.

(2) Pharmacies or drug stores.

(3) Public service areas of buildings owned or leased by the city or any public utility.

(c) Regulation of smoking in food establishments.

(1) It shall be unlawful for any owner or operator of a food establishment to fail to post a sign at each public entrance to the establishment containing the words “This establishment provides a nonsmoking section” or “This establishment does not provide a nonsmoking section.”

(2) The signs required by this section shall be conspicuous to ordinary public view and the letters shall be a minimum of one (1) inch in height.

(d) Regulation of smoking in workplace.

(1) An employer shall, upon the request of an employee, make reasonable efforts to provide the employee with a smoke-free workplace.

(2) Reasonable efforts to provide a smoke-free environment may be accomplished by designation of smoking and nonsmoking areas, separating smokers from nonsmokers or other efforts as circumstances may require. In no instance, however, is an employer required to make any expenditures or structural changes to the place of employment.

(3) No employee shall be terminated or subject to disciplinary action solely as a result of his or her complaint about smoking or nonsmoking in the workplace.

(e) Posting requirements. “Smoking” or “No Smoking” signs, or the international symbols shall be clearly and conspicuously posted by the owner, operator, manager, employer or other person in control of every place where smoking is regulated by this section.

(f) Owner reporting requirements. The owner, operator, employer, manager or any employee of an establishment shall take action to bring into conformance any individual or business violating this section when an objection is made or known by a customer or employee. If the individual or business continues to violate this section after action is taken, the owner, operator, employer, manager or any employee of the establishment shall report the violation to the police department.

(g) Penalties.

(1) Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this section is guilty of a civil offense and shall be fined an amount not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00).

(2) The city shall provide for payment by mail of fines imposed under this section.

(Ord. No. 721, 10-3-88)

Sec. 7-208 Loud, disturbing and unnecessary noise prohibited.

(a) It is unlawful for any person to knowingly or recklessly make or cause to be made or continued, within city limits, any loud or unnecessary or offensive noise or any noise which may reasonably be anticipated to annoy, disturb, injure or endanger the comfort, slumber, peace, health or safety of any reasonable person or persons of normal sensitivity, whether due to volume or duration or both.

(b) Special prohibitions on use or operation of sound-generating electrical devices. The knowing or reckless use or operation of any sound production or reproduction device, radio, musical instrument, drums, phonograph, stereo, television set, CD player, video recorder/player, loud speaker(s) or other similar device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, slumber or comfort of any reasonable person of normal sensitivity in any area of the city is prohibited.

(c) Prima facie evidence of violations. Any of the following shall constitute evidence of a prima facie violation of subsection (a) or (b) of this section:

(1) The operation of any such sound production or reproduction device, radio, musical instrument, drum set, phonograph, stereo, CD player, video recorder/player, loud speaker(s), or similar devices between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of twenty (20) feet from the building, structure or vehicle in which it is located.

(2) The operation of any sound amplifier which is part of or connected to any radio, stereo receiver, compact disc player, cassette tape player or other similar device when operated in such a manner as to be plainly audible at a distance of twenty (20) feet and when operated in such a manner as to cause a reasonable person to be aware of vibration accompanying the sound at a distance of twenty (20) feet from the source.

(d) Exemptions. The following are exempted from compliance with this section:

(1) Sounds generated from any government or emergency vehicle while engaged in necessary public business;

(2) Sounds generated from excavations or repairs of bridges, streets, highways or other public works projects by or on behalf of the city, county or state, day or at night, when the public welfare and convenience requires such work;

(3) Sounds resulting from reasonable use of construction vehicles, equipment and tools necessary to construction activity, but only between the hours of 6:00 a.m. and sunset (this exemption does not pertain to the use of non-construction-related sound production or reproduction devices such as radios, stereos, loud speakers or other similar devices);

(4) Sounds generated from the reasonable use of amplifier(s) or loud speaker(s) in the course of public addresses which are noncommercial in character, and in which amplifiers or loud speaker(s) are not used in connection with any moving vehicle;

(5) A parade, special event or public assembly that has obtained a permit, up to the hour of 10:00 p.m.;

(6) Sounds from any emergency device, early warning system or civil defense device;

(7) A school- or city-sponsored sporting event or assembly, up to the hour of 10:00 p.m.;

(8) Any activity for which a city permit or license was issued, up to the hour of 10:00 p.m.;

(9) Sounds from equipment used to maintain landscaping on public or private property on a periodic basis, including lawnmowers, leaf blowers, edgers, hedge trimmers and similar types of equipment when used between 7:00 a.m. and sunset;

(10) Bells or chimes generated by nonprofit organizations such as churches, mosques and synagogues, between the hours of 10:00 a.m. and 6:00 p.m., so long as frequency is no more than once per hour for a duration of thirty (30) seconds or less and are not used in connection with any moving vehicle.

(e) Penalties. Penalties for violation of this section shall be in accordance with section 1-8, as may be amended from time to time.

(Ord. No. 1323, §§ 1, 2, 1-7-02; Ord. No. 1712, §§ 1, 2, 8-2-11)

Sec. 7-209 Vehicles parked for sale.

(a) No person shall park or permit to be parked any motor vehicle, water craft, ATV, motorcycle, RV or trailer hereinafter for the purpose of displaying such vehicle for sale upon any right-of-way, lot or unimproved property within the city limits, whether publicly or privately owned. This section shall not apply to:

(1) The display on residential property of one (1) motor vehicle, water craft, ATV, motorcycle, RV, or trailer for sale when the motor vehicle is owned by the owners or resident of the property and the vehicle is not being sold in connection with any automobile sales business or consignment.

(2) The display of motor vehicles, water craft, ATVs, motorcycles, RVs, or trailers for sale on the property of a state licensed automobile sales business which is operating in conformance with local zoning and business permit requirements.

(3) The display of motor vehicles, water craft, ATVs, motorcycles, RVs, or trailers for sale on property not designated for use as an automobile sales business, but is doing so with a city approved “special use permit.”

(4) The display for sale of motor vehicles, water craft, ATVs, motorcycles, RVs, or trailers on commercial property or the property of another subject to the following conditions:

a. The owner of the motor vehicle, water craft, ATV, motorcycle, RV or trailer must obtain a permit from the City of Kingman, and present proof of ownership and written permission from the owner of the property;

b. No more than four (4) motor vehicles, water crafts, ATVs, motorcycles, RVs, or trailers may be sold per year per household;

c. The motor vehicle, water craft, ATV, motorcycle, RV, or trailer will not be displayed for sale except from dawn until dusk;

d. No more than one (1) motor vehicle, water craft, ATV, motorcycle, RV, or trailer may be displayed for sale on the same property at any given time.

(b) Penalties. Penalties for violation of this section shall be in accordance with section 1-8, as may be amended from time to time, of the Code of Ordinances for the City of Kingman.

(Ord. No. 1418, § 3, 3-1-04)

Sec. 7-210 Sale of products containing pseudoephedrine.

(a) Definitions. In this article, unless the context otherwise requires:

“Pseudoephedrine product” means any product containing ephedrine or pseudoephedrine and includes any compound, mixture or preparation that contains any detectable quantity of ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine or their salts, optical isomers or salts of optical isomers. Product packaging that lists ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine as an active ingredient shall constitute prima facie evidence that the product is a pseudoephedrine product.

“Retail establishment” means any place of business that offers any pseudoephedrine product for sale at retail.

(b) The operator of a retail establishment shall keep all products containing pseudoephedrine behind a store counter or otherwise in a manner that is inaccessible to customers without the assistance of the operator or an employee of the establishment.

(c) A person making a retail sale of a product containing pseudoephedrine shall require a government-issued, photo identification from the purchaser and shall record the purchaser’s name, date of birth, quantity of pseudoephedrine product purchased, transaction date and the initials of the seller.

(d) The information required to be obtained by subsection (c) will be retained by the retail establishment for a period of ninety (90) days, and will be considered a confidential document that will only be available to the operator of the retail establishment, and shall be available to the City of Kingman police department officers, Arizona department of public safety officers, Mohave County sheriff’s department officers, and other law enforcement officers.

(e) A violation of this section is a class 1 misdemeanor.

(Ord. No. 1526, § 1, 1-3-06)

Editor’s note: Ord. No. 1526, § 1, adopted Jan. 3, 2006, set out provisions intended for use as § 7-209. Inasmuch as § 7-209 already exists, and at the editor’s discretion, these provisions have been included as § 7-210.

Sec. 7-211 Urinating or defecating in public.

(a) It is unlawful for any person to urinate or defecate in a public place, or in any place exposed to public view, with the exception of an established lavatory or toilet.

(b) A violation of this section is a Class One misdemeanor.

(Ord. No. 1722, § 1, 11-15-11)

Sec. 7-212 Aggressive solicitation.

(a) For the purposes of this chapter, the following terms shall mean:

(1) “Aggressive manner” means and includes, either individually or as a group:

a. Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person’s consent; or

b. Approaching or following the person being solicited, if the conduct is:

1. Intended to or is likely to cause a reasonable person to fear bodily harm to oneself or another, or damage to or loss of property or the commission of a criminal act upon the person or property in the person’s possession; or

2. Is intended to or is reasonably likely to intimidate a reasonable person being solicited into responding affirmatively to the solicitation; or

c. Continuing to solicit from a person within five (5) feet of that person being solicited after the person has made a negative response to such solicitation; or

d. Intentionally, knowingly or recklessly obstructing the safe or free passage of the person being solicited, or requiring the person, or the driver of 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 by the city, shall not constitute obstruction of pedestrian or vehicular traffic; or

e. Intentionally or recklessly using obscene or abusive language or gestures:

1. Intended to or likely to cause a reasonable person to fear bodily harm or the commission of a criminal act upon the person or property in the person’s possession; or

2. Intended to or is reasonably likely to intimidate a reasonable person into responding affirmatively to the solicitation.

(2) “Automated teller machine facility” means the area comprised of one (1) or more automatic or automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.

(3) “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.

(4) “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 of 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.

(5) “Public transportation vehicle” means any vehicle used for the transportation of passengers on scheduled routes on an individual passenger fare-paying basis.

(6) “Bank” means a bank, credit union or other similar financial institution.

(b) It shall be unlawful for any person or group 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; or

(2) In any public transportation vehicle or from any persons within fifteen (15) feet of any transit stop, bus stop, taxi stand, train station platform or the inside of the train station; or

(3) Within fifteen (15) feet of any entrance or exit of any bank, financial institution, or automated teller machine facility, without the consent of the owner or other person legally in possession of such facility; or

(4) Immediately adjacent to the entrance of a business in a manner that physically interferes with ingress or egress to that business entrance; or

(5) Within fifteen (15) feet of persons engaging in any financial transaction; or

(6) Within fifteen (15) feet from persons inside a business patio area, except with the consent of the business owner; or

(7) 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.

(8) From any person under the age of sixteen (16) years who is unaccompanied by an adult.

(c) A person that commits a violation of this section shall be guilty of a class one (1) misdemeanor.

(Ord. No. 1786, § 1, 11-4-14)