ARTICLE 11-1
Offenses

Section

11-1-1    Abandoned vehicles

11-1-2    Dangerous constructions

11-1-3    Defacing public and private property

11-1-4    Excavations to be covered

11-1-5    Explosives

11-1-6    Fences; barbed wire or electric

11-1-7    Curfew hours for minors

11-1-8    Noise

11-1-9    Obstruction of view

11-1-10    Offensive business

11-1-11    Offensive premises

11-1-12    Prostitution

11-1-13    Public nuisances

11-1-14    Signs and banners

11-1-15    Spitting

11-1-16    Water; flow upon streets prohibited

11-1-17    Smoking prohibited in City enclosed facilities and vehicles

11-1-18    Public non-smoking

11-1-19    Regulation of hours for use of City parks

11-1-20    Regulation of firearms in City parks and preserves

11-1-21    Slum property designation and appeals; inspection fees

11-1-22    Sexual assault of an animal

11-1-23    Sale of products containing ephedrine or pseudoephedrine

11-1-24    Operation of vehicles on public and private property

11-1-25    Graffiti prevention, prohibition and removal

11-1-26    Fugitive dust control

11-1-27    Disorderly conduct

11-1-28    Disorderly party, gathering, event

11-1-29    Criminal trespass

11-1-30    Public urination or defecation

11-1-31    Making a false or misleading statement

11-1-32    Obstructing a law enforcement officer

11-1-33    Interfering with police service dog

11-1-34    Fireworks

Cross-reference:

Rules and regulations for animals, see Art. 7-1

11-1-1 ABANDONED VEHICLES.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED VEHICLE. Any vehicle which is without the required current license plates or tabs, inoperable, stripped, unclaimed, scrapped, junked or discarded. This term shall also mean a vehicle being repaired when such repairs take 72 hours or more.

ABANDONED VEHICLE PARTS. Any vehicle part which is inoperable, unclaimed, scrapped, junked, discarded or not used in or on any vehicle within any seven-day period.

CLASSIC CAR. A vehicle licensed pursuant to A.R.S. § 28-2483 as a horseless carriage, classic car or historic vehicle.

PRIVATE PROPERTY. Land owned by any person other than the United States, the state, the county or the City.

UNSHELTERED. Anything located outside a garage in such a manner as to be visible to a person standing upon any public street, alley, sidewalk or right-of-way or to any person standing at ground level upon any adjoining piece of property.

VEHICLE. A self-propelled device in, upon or by which any person or property is or may be transported or drawn upon a public highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

VEHICLE PARTS. Any parts, components or accessories of a vehicle.

(B) Unsheltered storage prohibited.

(1) The unsheltered storage of any abandoned vehicle or abandoned vehicle parts for a period of 15 days or more on any private property within the corporate limits of this City is declared to be a nuisance and dangerous to the public safety.

(2) The provisions of subsection (B)(1) of this section shall not apply to the storage of abandoned vehicles or abandoned vehicle parts on the premises of a business enterprise operating in a lawful place and manner when necessary to the operation of such business enterprise or to a storage place or depository for vehicles or vehicle parts maintained in a lawful place and manner. The exceptions contained in this subsection shall be an affirmative defense to be pled and proved by the defendant in any judicial proceedings under this section.

(3) The provisions in subsection (B)(1) of this section shall not apply to classic cars while such are maintained or stored on the owner’s private property.

(C) Removal.

(1) The owner, tenant, lessee or other occupant of any private property within the corporate limits of the City upon which storage is prohibited by subsection (B) of this section and also the owner of such abandoned vehicles or abandoned vehicle parts involved in such storage shall jointly and severally abate the nuisance. Every person who shall fail, neglect or refuse to abate the nuisance as provided in this section shall also be guilty of a class 1 misdemeanor. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this section.

(2) Any person who fails, neglects or refuses to abate such nuisance shall be notified in writing by certified or registered mail or by personal service by the City Manager or his or her representative to abate the nuisance within 15 days from the date appearing on such written notice.

(3) When any person to whom notice as provided in this subsection has been mailed fails, neglects or refuses for more than 15 days from the date appearing on the notice to abate the nuisance, the City Manager or his or her representative is authorized to remove the abandoned vehicle or abandoned vehicle parts from the premises and dispose of same according to law.

(4) The owner, tenant, lessee or other occupant of any private property, from which the city has removed an abandoned vehicle or abandoned vehicle parts pursuant to this section, shall be liable for all costs incurred in removing said items from the property.

(Prior Code, § 11-1-1)

11-1-2 DANGEROUS CONSTRUCTIONS.

It is unlawful for any person to maintain or allow any signs, billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public so situated or constructed as to endanger the public safety.

(Prior Code, § 11-1-2) Penalty, see Art. 1-8

11-1-3 DEFACING PUBLIC AND PRIVATE PROPERTY.

(A) It is unlawful for any person to deface any public property, including, but not limited to writing or drawing thereon, or painting or pasting thereon, or attaching thereto any handbill or advertisement or other drawing or to scratch, mar, disfigure or defile such property or the floors or walls thereof. A complaint may be filed against any person in violation of this section by any citizen of the city or any police officer or other public official of the city who witnesses the incident.

(B) It is unlawful for any person to deface any private property, by writing or drawing thereon or by painting or pasting thereon, or attaching thereto any handbill or advertisement or other drawing or to scratch, mar, disfigure or defile such property or the floor or walls thereof without the express permission of the owner of such property. In the event of a violation of this subsection, the owner or the person entitled to possession may file with the Police Department a complaint against any individual who violates this section of the code.

(C) In the event of a conviction for a first offense under this section, the minimum fine shall be $100 with a maximum fine of $300; the fine for a second conviction under this section shall be a minimum fine of $300 with a maximum fine of $1,000. In the event the defendant charged is a juvenile, his or her parents or other persons with whom he or she resides or who have custody over such juvenile shall be likewise cited and shall be subject to the fines provided herein.

(D) In addition to the fines provided herein, the City Magistrate may impose other appropriate sentencing, including the requiring of public service time within the city limits, cleaning up graffiti, picking up waste and other papers and providing for such other community service as the court deems appropriate.

(E) The Council is specifically authorized to offer a reward for the apprehension of parties who might be guilty of violation of this section and to solicit reward funds and other cooperation from the citizens and business community of the city.

(Prior Code, § 11-1-3)

11-1-4 EXCAVATIONS TO BE COVERED.

(A) It is unlawful for any person to make any excavation or dig any hole, drain or ditch in any highway or thoroughfare in the city without providing a sufficient light at night and a temporary fence or suitable obstruction around such excavation to protect the public during the day.

(B) It is unlawful for any person to maintain a well, cellar, pit or other excavation of more than two feet in depth on any unenclosed lot without substantial curbing, covering or protection.

(Prior Code, § 11-1-4) Penalty, see Art. 1-8

11-1-5 EXPLOSIVES.

It is unlawful for any person within the limits of the City to blast or use powder or other explosives without a permit from the Fire Marshal in writing.

(Prior Code, § 11-1-5) Penalty, see Art. 1-8 (Am. Ord. 10-1224, passed 9-27-2010)

11-1-6 FENCES; BARBED WIRE OR ELECTRIC.

Unless permitted by zoning, it is unlawful for any person to erect or maintain within the city any electric fence or any fence constructed in whole or in part of barbed wire. Any such fence is declared a public nuisance and subject to abatement by order of the city court.

(Prior Code, § 11-1-6) Penalty, see Art. 1-8

11-1-7 CURFEW HOURS FOR MINORS.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

EMERGENCY. An unforseen combination of circumstances of the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring an immediate action to prevent serious bodily injury or loss of life.

GUARDIAN. A person who, under court order, is the guardian of a minor or a public or private agency with whom a minor has been placed by the court or at least 18 years of age and authorized by a minor’s parent or guardian to have the care and custody of a minor.

INSUFFICIENT CONTROL. Failure to exercise reasonable care and diligence in the supervision of a minor.

MINOR. Any person under the age of 18.

PARENT. A person who is a natural parent, adoptive parent or step parent of a minor.

REMAIN. To linger or stay or fail to leave the premises when requested to do so by a police officer, an owner, an operator or other person that controls the premises.

(B) Offenses.

(1) It is unlawful for any minor under the age of 16 years to be or remain in, about or upon any place in the city away from the dwelling house or usual place of abode of said minor between the hours of 10:00 p.m. and 5:00 a.m. of the following day.

(2) It is unlawful for any minor 16 years or older to be or remain in, about or upon any place in the city away from the dwelling house or usual place of abode of said minor between the hours of 12:00 a.m. and 5:00 a.m.

(3) It is unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control, allow such minor to violate subsections (1) or (2) of this subsection.

(C) Defenses/exceptions. It is a defense to prosecution under subsection (B) of this section, including (B)(3), that the minor was:

(1) Accompanied by the minor’s parent or guardian;

(2) With prior permission of the minor’s parent or guardian in a motor vehicle involved in interstate travel;

(3) With prior permission of the minor’s parent or guardian in an employment activity or going to or returning from an employment activity without any detour or stop;

(4) Involved in an emergency;

(5) With prior permission of the minor’s parent or guardian, was engaged in reasonable, legitimate and specific business or activity. Examples will include, but are not limited to a juvenile with prior permission of the minor’s parent or guardian, attending an official school, religious or other recreational activities supervised by adults and sponsored by the city, a civic organization or other similar entity that takes responsibility for the minor or going to or returning home from an official school, religious or other recreational activities supervised by adults and sponsored by the city, a civic organization or other similar entity that takes responsibility for the minor;

(6) With prior permission of the minor’s parent or guardian, exercising a First Amendment right protected by the United States Constitution;

(7) Married and 16 years of age or over or in the military.

(D) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the appearing offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based upon the circumstances, the minor’s responses and minor’s conduct, no defense as provided in subsection (C) of this section is present.

(E) Penalty.

(1) Each violation of the provisions of (B)(1), (2) and (3) of this section shall constitute a separate offense.

(2) A person convicted of a violation of any provision of this chapter shall be guilty of a class 1 misdemeanor. This offense is designated an incorrigible offense for minors under the jurisdiction of the juvenile court.

(Prior Code, § 11-1-7) (Am. Ord. 95-525, passed 3-28-1995)

11-1-8 NOISE.

(A) Public nuisance declared. It is declared to be a public nuisance, and it is unlawful for any person, firm or corporation owning or operating or in control of any restaurant, hotel, dance hall, show, store or any place of public amusement, entertainment or accommodation to play or permit to be played any music or musical instrument or instruments, whether played by individuals, orchestra, radio, phonograph, music box or other mechanical device or means in such a loud or unusual manner as to be offensive to the senses or so as to disturb the slumber, peace and quiet or otherwise interfere with or annoy the comfortable enjoyment of life or property of any person and is no less a nuisance because the extent of the annoyance inflicted is unequal.

(B) Prohibited noises. It is unlawful to play, operate or use any device known as a sound truck, loud speaker or sound amplifier, radio or phonograph with loud speaker or sound amplifier or any instrument of any kind or character which emits loud and raucous noises and is attached to and upon any vehicle unless such person in charge of such vehicle shall have first applied to and received permission from the Chief of Police to operate any such vehicle so equipped.

(C) Operation of construction equipment. It shall be unlawful for any person to operate equipment or perform any outside construction or repair work on buildings, structures or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist or any other construction type device within a residential zoning district, or within 500 feet of a residential zoning district, except within the time periods specified herein, unless a permit has been obtained beforehand from the City Manager or his or her authorized representative.

(D) Construction start/stop times.

(1) Concrete. From April 15 to October 15 inclusive, concrete may be poured each day between the hours of 5:00 a.m. and 7:00 p.m. or at such times as authorized by permit. From October 16 to April 14 inclusive, concrete may be poured each day between the hours of 6:00 a.m. to 7:00 p.m. or at such times as authorized by permit.

(2) All other construction activities in residential zoning districts or within 500 feet of a residential zoning district. From April 15 to October 15 inclusive, construction or repair work shall not begin prior to 6:00 a.m. and must stop by 7:00 p.m. each day in or within 500 feet of a residential zoning district or at such times as authorized by permit. From October 16 to April 14 inclusive, all other construction or repair work shall not begin prior to 7:00 a.m. and must stop by 7:00 p.m. each day in or within 500 feet of a residential zoning district or at such times as authorized by permit.

(3) Commercial and industrial zoning districts. Construction and repair work in commercial and industrial zoning districts not within 500 feet of a residential zoning district may be conducted seven days a week, 24 hours a day at any time of the year.

(E) Weekends and holidays. Notwithstanding the foregoing, construction or repair work within a residential zoning district, or within 500 feet of a residential zoning district, shall not begin prior to 7:00 a.m. and must stop by 7:00 p.m. on any Saturday, Sunday or a legally recognized city holiday, unless such other times are authorized by permit.

(F) Permit. Construction and repair work may be conducted at different times than otherwise permitted herein if, upon written application, a permit is obtained beforehand from the City Manager, or his or her authorized representative. In granting such special permit, the City Manager, or his or her authorized representative, shall consider if construction noise in the vicinity of the proposed work site would be less objectionable at night than during the daytime because of different population levels or different neighboring activities; if obstruction and interference with traffic, particularly on streets of major importance, would be less objectionable at night than during the daytime; if the kind of work to be performed emits noises at such a low level as to not cause significant disturbance in the vicinity of the work site; if the neighborhood of the proposed work site is primarily residential in character wherein sleep could be disturbed; if great economic hardship would occur if the work was spread over a longer time; if the work will abate or prevent hazard to life or property; if the proposed early morning or night work is in the general public interest, and he or she shall prescribe such conditions, working times, types of construction equipment to be used and permissible noise emissions as he or she deems to be required in the public interest. No permit shall be required to perform emergency repair or construction work.

(G) Revocation of permit and appeal. The City Manager, or his or her authorized representative, may revoke any permit granted hereunder upon complaints based upon evidence that the construction activity causes significant disturbance in the vicinity of the work site. Any person aggrieved by the granting of a permit or the refusal to grant a permit by the City Manager, or his or her authorized representative, may appeal the decision to the City Manager who shall schedule a hearing with the aggrieved person within ten calendar days after receipt of the written appeal. The City Manager’s decision shall be final.

(Prior Code, § 11-1-8) (Am. Ord. 2000-693, passed 8-28-2000)

11-1-9 OBSTRUCTION OF VIEW.

It is unlawful for any person to maintain or allow any tree, hedge, billboard or other obstruction which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.

(Prior Code, § 11-1-9)

11-1-10 OFFENSIVE BUSINESS.

It is unlawful for any person to establish or maintain any slaughterhouse or make a practice of slaughtering cattle, hogs, sheep or any other kind of animal or establish or maintain any soap factory, render tallow or pursue, maintain or carry on any other business or occupation offensive to the senses or prejudicial to the public health within the limits of the city.

(Prior Code, § 11-1-10) Penalty, see Art. 1-8

11-1-11 OFFENSIVE PREMISES.

It is unlawful for any person to suffer, or permit any premises belonging to or occupied by him or her, or any cellar, privy, vault, pool, sewer or private drain therein to become nauseous, foul or offensive to the senses or prejudicial to the public health or comfort.

(Prior Code, § 11-1-11) Penalty, see Art. 1-8

11-1-12 PROSTITUTION.

It is unlawful for any person to practice prostitution, to patronize a prostitute or to solicit any person to visit or patronize a prostitute or place of prostitution.

(Prior Code, § 11-1-12) Penalty, see Art. 1-8

11-1-13 PUBLIC NUISANCES.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED VEHICLE. Any vehicle which is without the required current license plates or tabs, inoperable, stripped, unclaimed, scrapped, junked or discarded.

CONSTRUCTION MATERIALS. Asphalt, concrete, plaster, tile, rocks, bricks, sand, dirt, lumber, blocks or any other material commonly used in construction or landscaping material.

UNSHELTERED. Anything located outside a garage in such a manner as to be visible to a person standing upon any public street, alley, sidewalk or right of way or to any person standing at ground level upon any adjoining piece of property.

VEHICLE. A self propelled device in, upon or by which any person or property is or may be transported or drawn upon a public highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

(B) Public nuisance. Anything which is injurious to health or is indecent or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood or by any person, or which unlawfully obstructs the free passage or use in the customary manner of any public park, square, alley, sidewalk, street or highway is a public nuisance and is no less a nuisance because the extent of the annoyance or damage inflicted is unequal.

(C) Specific acts, omissions, conditions and places. No person shall erect, maintain, use, place, deposit, cause, allow, leave or permit to be or remain in or upon any private lot, building, structure or premises or in or upon any public right of way, street, avenue, alley, park, parkway or other public or private place any condition, thing or act to the prejudice, danger or annoyance of others, including, but not limited to, the following:

(1) Throwing, depositing, dumping or discharging into or about any ditch within the city anything injurious to the public health or offensive to the senses;

(2) No owner, lessee, tenant or other person who keeps or controls any animal shall cause, allow or permit any bodily waste or liquid discharge of such animal to accumulate on private property or to be unloaded, left or dumped in or upon any ditch, street, alley, sidewalk, place, vacant lot or public property within the city. If in the act of walking, exercising or transporting said animal, the animal deposits waste excrement, it shall be picked up, placed in a plastic bag and deposited in the owner’s garbage container;

(3) Storage of construction materials for a period in excess of 14 days in whole, broken or discarded condition in unsheltered areas of the yard and in which insects may breed or multiply or which provides harborage for rodents or which constitutes a hazard to the public health and safety. This subsection shall not apply to any construction material when a valid building permit exists for the property on which the construction material is located and the construction material is intended to be incorporated in the project for which the permit is issued.

(4) No person shall park, or permit to be parked, any motor vehicle for the purpose of sale upon any lot or area within the city. Violation of this subsection shall constitute a class 1 misdemeanor. This subsection shall not apply to:

(a) The display of one motor vehicle for sale when the motor vehicle is owned by the resident of the property and is not being sold in connection with an automobile sales business; or

(b) Property appropriately zoned by the zoning code which allows such activity.

(5) Storage of bottles, glass, cans, pieces of scrap metal, metal articles, paper or other abandoned material or items in unsheltered areas of private property, unless the same is kept in covered bins or metal receptacles approved by the county health officer or this code or any other ordinance of the city.

(6) No person shall leave, place or park any abandoned vehicle upon any city right of way, street, alley, parking lot or other city property.

(7) No person shall place, deposit or leave in or upon any city right of way, street, alley, park or other city building or property any bottles, glass, cans, graffiti, hand bills, posters, pieces of scrap metal, metal articles, paper or other abandoned material or items, except in proper containers for collection.

(D) Violations.

(1) A violation of any of the provisions of this section shall be considered to be a public nuisance and be punishable as a class 1 misdemeanor.

(2) Any police officer, code enforcement officer or designated sanitation official who observes a violation of any of the provisions of this section is empowered to issue a citation to the alleged violator.

(E) Violators liable for costs.

(1) If the owner or occupant of any property within the city does not remove or abate such public nuisance from such property within a reasonable period after the citation has been served by the city, a reasonable period being a maximum of 14 days or less if the interests of public safety and health so necessitate, the city may, at the expense of the owner or occupant, remove or cause the removal thereof.

(2) Any person who places, deposits, leaves or causes a public nuisance in or upon any city right of way, street, alley, park or other city building or property shall be liable for all costs incurred by the city to remove or cleanup such nuisance.

(F) Assessment of costs. When the city has effected removal pursuant to this section, the actual cost of such removal shall become an assessment upon the building or property from which such public nuisance is removed, and the record owner of such property shall be liable for the payment of same. If the actual cost of such removal has not been paid within 14 days of billing by the city by ordinary mail, such assessment shall be recorded in the office of the County Recorder, and from the date of its recording, it shall be a lien on such building or property until paid. Such liens shall be subject and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record.

(G) Subsequent assessments. A prior assessment against the building or property shall not be a bar to a subsequent assessment for such purposes, and any number of liens on the same property may be enforced in the same action.

(H) Right of record owner to appeal. The owner of record of such building or property shall have the right to appeal such citation to the Council within the time allowed in such citation to remedy the alleged violation. The decision of the Council on such appeal shall be final.

(Prior Code, § 11-1-13) (Am. Ord. 90-315, passed 9-25-1990)

11-1-14 SIGNS AND BANNERS.

It is unlawful for any person to place any banner or sign upon any streetlight pole, traffic signal pole or utility pole within the city without first obtaining an encroachment permit from the City Manager and owner of the pole.

(Prior Code, § 11-1-14) Penalty, see Art. 1-8

11-1-15 SPITTING.

It is unlawful for any person to spit upon any of the public sidewalks or crosswalks in the city or upon any public path, by way or highway or in or on any public ground or park in the city or upon the floor or interior of any public building in the city.

(Prior Code, § 11-1-15) Penalty, see Art. 1-8

11-1-16 WATER; FLOW UPON STREETS PROHIBITED.

(A) It is unlawful for any person to willfully or negligently permit or cause the escape or flow of water in such quantity as to cause flooding, to impede vehicular or pedestrian traffic, to create a hazardous condition to such traffic or to cause damage to the public streets of the city.

(B) It is unlawful for any person to willfully or negligently permit or cause the escape or flow of irrigation water in such quantity as to cause flooding, to impede vehicular or pedestrian traffic, to create a hazardous condition to such traffic or to cause damage to the public streets of the city through the failure or neglect to properly operate or maintain any irrigation structure, delivery ditch or waste ditch in which said person has a vested right or interest or through the willful or negligent failure of said person to accept irrigation water after it has been ordered by him or her.

(Prior Code, § 11-1-16) Penalty, see Art. 1-8

11-1-17 SMOKING PROHIBITED IN CITY ENCLOSED FACILITIES AND VEHICLES.

(A) The purpose of this section is to protect the public health, safety and welfare of the public frequenting enclosed city facilities or city vehicles and employees of the city who utilize city enclosed facilities or city vehicles by establishing restrictions on the use of smoking devices in city enclosed facilities and vehicles of the city.

(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY ENCLOSED FACILITIES. Any enclosed building or structure that is owned, leased or operated by the city, including, but not limited to, City Hall, Police Department and Fire Department at 119 North Litchfield Road, Finance and Court at 120 East Western Avenue, Community Development at 112 East Western, Public Works at 100 Calle de Pueblo, Wastewater Treatment Plant at 5742 South 157th Avenue and Goodyear Community Center at 420 East Loma Linda.

ENCLOSED. A building enclosed on all sides and covered with a roof with the only access to the outside being through doors or windows.

SMOKE or SMOKING. The act of burning any tobacco product, weed filler, plant of any kind or other combustible substance in a cigarette, cigar, pipe, waterpipe or similar form.

SMOKING DEVICE. Any cigarette, cigar, pipe or similar form or device in which smoking occurs or which in and of itself is used for smoking.

VEHICLE. A piece of mechanized equipment that can be described as, but not limited to, automobiles, pick up trucks, trucks and street sweepers, all as utilized by any now or hereafter existing department of the city and city administration.

(C) It shall be prohibited and unlawful for any person to smoke or carry any lighted smoking device in any city enclosed facilities or vehicle.

(D) A violation of the provisions of this section shall constitute a misdemeanor and shall be punishable by a fine of $50 for each violation of this section.

(Prior Code, § 11-1-17) (Ord. 92-474, passed 11-24-1992)

11-1-18 PUBLIC NON SMOKING.

(A) Purpose. The Mayor and Council of the City of Goodyear, Maricopa County, Arizona declare that the purpose of this section is to protect the working environment of its citizens and improve the public health of all citizens, business and visitors by prohibiting smoking in public places and places of employment.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BAR. A business establishment devoted primarily to alcoholic beverage service to which food service is only incidental, i.e. where state sales tax receipts from the sale of alcoholic beverages equals or exceeds 55% of the total state sales tax receipts, including food.

BUSINESS. Any employment, occupation, profession or commercial activity or enterprise engaged in for gain, benefit, advantage or livelihood.

EMPLOYEE. Any person in the service of another, working for salary or wages or on a volunteer basis.

EMPLOYER. Any person or entity that employs the services of others.

ENCLOSED AREA. All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, office landscaping or similar structures.

PHYSICALLY SEPARATED. An enclosed area with doors that are self closing, self latching and self sealing and maintained to be operated as originally installed and the use of air curtains or similar ventilation methods are not to be used to meet the requirement for opening protection. Doors are to remain closed except for the immediate passage of patrons, guests and employees.

PLACE OF EMPLOYMENT. Any area under the control of a private or public employer which employees normally frequent during the course of employment, including, but not limited to, work areas, offices, employee lounges, conference and meeting rooms, classrooms, employee cafeterias, employee stairways and hallways, waiting areas, restrooms and vehicles. A private residence is not a place of employment (unless it is used as a child care, adult day care or health care facility).

PUBLIC PLACE. Any enclosed area to which the public is invited or in which the public is permitted, which is available to and customarily used by the public, including, but not limited to:

(a) Airport service lines and airport waiting lounges;

(b) Aquariums, galleries, libraries and museums, exhibit halls;

(c) Banks, financial institutions;

(d) Child care centers (public and private);

(e) Churches and other places of worship;

(f) Community centers;

(g) Health facilities, medical office buildings;

(h) Hotel and motel public areas;

(i) Laundromats;

(j) Lobbies, hallways and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes and other multiple unit residential facilities;

(k) Public and private educational facilities;

(l) Public restrooms;

(m) Public transportation facilities, taxi cabs or other means of public transit, ticket, boarding and waiting areas of public transit depots;

(n) Reception areas, waiting rooms, indoor and outdoor service lines;

(o) Restaurants, cafeterias, lunchrooms and eating establishments, food service operations;

(p) Retail food production and marketing/grocery establishments;

(q) Retail service establishments;

(r) Retail stores, shopping malls, drugstore pharmacies;

(s) Theaters and waiting rooms, sports arenas and their lobbies, auditoriums, bingo halls, pool halls, bowling alleys;

(t) All indoor facilities and any public places already regulated by A.R.S. § 36-601.01.

RESTAURANT. Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.

RETAIL TOBACCO STORE. A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

SEPARATELY VENTILATED. An enclosed area with an independent heating, ventilating and air conditioning system with separate duct work relative to any adjacent area where smoking is prohibited.

SERVICE LINE. Any indoor or outdoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.

SMOKE or SMOKING. The act of burning any tobacco product, weed filler, plant of any kind or other combustible substance in a cigarette, cigar, pipe, waterpipe or similar form.

SPORTS ARENA. Sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports events.

(C) Regulation of smoking in public places, businesses, places of employment and restaurants.

(1) Unless otherwise indicated in this section, smoking is prohibited in any public place, business or place of employment as defined in subsection (B) of this section.

(2) Smoking is prohibited in all restaurants, cafeterias, lunchrooms and eating establishments and other food service operations.

(3) Smoking is prohibited within 25 feet of the main entrance and within ten feet of any secondary, side or back entrance of any enclosed area where smoking is prohibited.

(4) The provisions of this section shall not be construed to limit the ability of the owner, operator or manager of a public place to declare the whole or any portion of that public place to be smoke free.

(5) This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(D) Smoking optional areas. Notwithstanding any other provisions of this section to the contrary, the following areas shall not be subject to the smoking restrictions of this section:

(1) Private residences, except when used as a child care, adult day care or health care facility;

(2) No more than 20% of hotel and motel rooms rented to guests may be designated as smoking areas unless they are on a separately partitioned ventilation system;

(3) Retail tobacco stores that deal exclusively in the sale of tobacco products and smoking paraphernalia and that are separately ventilated from other attached businesses;

(4) On stage smoking as part of a stage production, ballet or similar exhibition;

(5) Restaurants, hotel and motel conference/meeting rooms and public and private meeting rooms while these places are being used exclusively for private functions, so long as they are separately ventilated and have a door that remains closed except for the immediate passage of guests and employees from the rest of the facility;

(6) A private residence serving as a place of employment;

(7) Outdoor areas of places of employment except those covered in subsection (C) of this section;

(8) Fraternal lodges and organizations or any organization licensed by the State of Arizona as a private club;

(9) Bars, as defined in subsection (B), that are physically separated and separately ventilated from a smoking prohibited area.

(E) Posting requirements.

(1) No Smoking signs or the international No Smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every building or other area where smoking is prohibited by this section by the owner, operator, manager or other person having control of such building or other area.

(2) Every public place where smoking is prohibited by this section shall have posted at every public entrance a conspicuous sign clearly stating that smoking is prohibited.

(3) All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this article by the owner, operator, manager or other person having control of such area.

(F) Enforcement and penalties.

(1) Any person who fails to comply with the requirements of this section shall be responsible for a petty offense, punishable by:

(a) A fine not exceeding $100 for a first violation;

(b) A fine not exceeding $200 for a second violation;

(c) A fine not exceeding $300 for a third violation;

(d) Any person who violates any provision of this section four or more times in any 24 month period may be charged with and found guilty of a class 1 misdemeanor.

(2) Any owner, manager, operator, employer or employee of any establishment controlled by this section shall, upon either observing or being advised of a violation of subsection (C) of this section, has the obligation to inform the violator of the appropriate requirements of this law and then request immediate compliance.

(3) Any person or employer who owns, manages, operates or otherwise controls the use of any premises subject to this section has the responsibility:

(a) To properly set aside required No Smoking areas;

(b) To properly post and maintain signs required hereunder; and

(c) To take action required by subsection (F)(2) of this section when observing or being advised of a violation.

(4) By enforcing this section, the city undertakes only to promote the general welfare. It does not assume, nor does it impose on its officers and employees, an obligation for breach of which it is liable in money damages to any person claiming injury from such breach.

(5) Any citizen who desires to register a complaint under this chapter may initiate enforcement with the City of Goodyear Code Compliance Officer or other law enforcement agency.

(6) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this article to fail to comply with any of its provisions.

(G) Providing for separability. If any division, subdivision, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions of the ordinance or parts thereof.

(H) Effective date. This section shall become effective on June 12, 2002.

(Ord. 02-791, passed 5-13-2002)

11-1-19 REGULATION OF HOURS FOR USE OF CITY PARKS.

(A) It is unlawful for any person to enter or remain in any public park during the hours of 10:00 p.m. to 6:00 a.m., except as provided in subsection (B) of this section.

(B) It is not unlawful for a person to enter or remain in any public park between the hours of 10:00 p.m. to 10:30 p.m.:

(1) As participant or spectator at a special event for which a permit has been issued by the city, but only during the hours allowed by such permit;

(2) As a participant or spectator at a city approved league or tournament game, not concluded by 10:30 p.m.; provided, however, that such persons must vacate the park within ten minutes after the conclusion of the event or by 10:30 p.m., whichever occurs first;

(3) The city shall post signs in its parks giving notice of these hours of operation;

(4) Park lighting shall be extinguished during hours of closure.

(Ord. 02-779, passed 2-11-2002; Am. Ord. 02-802, passed 5-28-2002)

11-1-20 REGULATION OF FIREARMS IN CITY PARKS AND PRESERVES.

(A) Except as otherwise allowed by law, it shall be unlawful to possess a firearm (as defined in A.R.S. Title 13) in a park or preserve of one square mile or less without a valid concealed weapon permit pursuant to A.R.S. § 13-3112. Any park or preserve subject to this restriction shall post the following notice: Carrying a firearm in this park is limited to persons who possess a permit issued pursuant to A.R.S. § 13-3112.

(B) Except as otherwise allowed by law, it shall be unlawful to possess a firearm (as defined in A.R.S. Title 13) in a developed or improved area of a park or preserve larger than one square mile without a valid concealed weapon permit pursuant to A.R.S. § 13-3112. A developed or improved area means an area of property developed for public recreation or family activity, including picnic areas, concessions, playgrounds, amphitheaters, racquet courts, swimming areas, golf courses, zoos, horseback riding facilities and boat landing and docking facilities. Developed or improved area does not include campgrounds, trails, paths or roadways except trails, paths and roadways directly associated with and adjacent to designated developed or improved areas. Any area subject to this restriction shall have posted notice stating the following: Carrying a firearm in this park is limited to persons who possess a permit issued pursuant to A.R.S. § 13-3112.

(C) Unless otherwise allowed by law, it is unlawful for any person to possess or discharge any prohibited weapon while on or within any public bike trail, hiking trail, river trail, horse trail, city park or preserve, picnic area, ball field, court, play ground or other area designated or reserved for any other temporary gathering of people. A prohibited weapon is any of the following: BB gun, pellet gun, paint ball gun, bow or sling shot.

(D) This section shall not apply to persons participating in sanctioned school activities such as archery practice or competition on school property nor shall it apply where federal, state or county law provides to the contrary.

(Ord. 02-758, passed 2-11-2002)

11-1-21 SLUM PROPERTY DESIGNATION AND APPEALS; INSPECTION FEES.

(A) If the Code Compliance Manager finds that a residential rental property constitutes a slum property within the meaning of A.R.S. § 33-1901(3), then the Code Compliance Manager or designee shall issue to the property owner or the owner’s statutory agent a written notice of designation, either personally or by certified mail. The notice of designation shall identify what conditions exist on the property that meet the statutory criteria.

(B) An owner of a residential rental property that has been designated as a slum property pursuant to subsection (A) of this section may file an administrative appeal contesting the designation. A hearing officer designated by the City Manager shall hear the administrative appeal.

(C) The decision of the hearing officer on an administrative appeal of a slum property designation shall be the city’s final administrative decision.

(D) In order to recoup the costs of a city inspection of a slum property or property that is not registered pursuant to A.R.S. § 33-1902, the city shall assess upon a property owner a fee of $50 per hour per inspector, with a four hour minimum fee for an inspection of a slum property.

(Ord. 02-820, passed 9-9-2002)

11-1-22 SEXUAL ASSAULT OF AN ANIMAL.

(A) A person commits the crime of sexual assault of an animal by:

(1) Contacting the mouth, anus or sex organs of an animal, for the purpose of arousing or gratifying the sexual desire of any person;

(2) Causing an object person to contact the mouth, anus or sex organs of an animal, for the purpose of arousing or gratifying the sexual desire of any person;

(3) Coercing another person to contact the mouth, anus or sex organs of an animal, for the purpose of arousing or gratifying the sexual desire of any person;

(4) Allowing the mouth or sex organs of an animal to contact the anus or sex organs of any person, for the purpose of arousing or gratifying the sexual desire of any person;

(5) Coercing another person to allow the mouth or sex organs of an animal to contact his/her anus or sex organs, for the purpose of arousing or gratifying the sexual desire of any person;

(6) Photographing or videotaping contact between the mouth, anus, or sex organs of an animal and the mouth, anus, or sex organs of a person; or

(7) Killing or violently abusing an animal, for the purpose of arousing or gratifying the sexual desire of any person.

(B) A violation of this section is a misdemeanor subject to the penalties set forth in Article 1-8(A).

(C) For purposes of this section, the term ANIMAL means any nonhuman mammal, bird, reptile, amphibian or fish.

(Ord. 2005-941, passed 5-9-05)

11-1-23 SALE OF PRODUCTS CONTAINING EPHEDRINE OR PSEUDOEPHEDRINE.

(A) Person(s) selling products containing ephedrine, pseudoephedrine, norpseudoephedrine, and/or phenylpropanolamine shall keep such products behind a counter or otherwise in a manner that is inaccessible to the public and in an area where such products are monitored to prevent theft, or unauthorized or uncontrolled purchases.

(B) Person(s) making a retail sale of a product containing ephedrine, pseudoephedrine, norpseudoephedrine, and/or phenylpropanolamine shall require acceptable photo identification from the purchaser and shall record in a Purchaser’s Log, the purchaser’s name, date of birth, address, and quantity of ephedrine, pseudoephedrine, norpseudoephedrine, and/or phenylpropanolamine product purchased.

(1) For purpose of this subsection, acceptable photo identification means any of the following:

(a) Current driver’s license or picture identification card issued by this or any other state;

(b) A current passport;

(c) A current tribal identification card; or

(d) A current military identification card.

(2) The Purchaser Log shall be kept confidential and made available, upon written request, only to law enforcement personnel (local, state, or federal) and others authorized by law or court order to receive such information. The Purchaser Log shall be maintained for a period of six months unless otherwise directed by law enforcement personnel, law, or court order.

(C) For purposes of this article, a product containing ephedrine or pseudoephedrine includes any compound, mixture or preparation that contains any detectable quantity of ephedrine, pseudoephedrine, norpseudoephedrine, and/or phenylpropanolamine. Product packaging that lists ephedrine, pseudoephedrine, norpseudoephedrine, and/or phenylpropanolamine as an active ingredient shall constitute prima facie evidence that it is a product containing ephedrine or pseudoephedrine.

(Ord. 05-974, passed 12-5-05) Penalty, see Art. 1-8

11-1-24 OPERATION OF VEHICLES ON PUBLIC AND PRIVATE PROPERTY.

(A) It is unlawful for any person to operate or drive any motor vehicle, motorcycle, minibike, dune buggy, all terrain vehicle (ATV), motor scooter, or other form of transportation propelled by an internal combustion engine on private and/or public property that is not held open to the public for vehicle use without the prior written permission of the owner of the property, the person entitled to the immediate possession of the property, or the authorized agent of either. The property owner, person entitled to immediate possession of the property, or invitee who has written permission may operate such vehicles if such use does not violate any other applicable laws.

(B) The prior written permission required under this section shall:

(1) Contain the name, address, and telephone number of the person granting permission for the use of the property;

(2) Describe the interest the person granting permission has in the property (i.e., property owner, lessee, agent, etc.);

(3) If the person granting permission is not the owner of the property, the written permission shall also contain the name, address, and telephone number of the property owner;

(4) Specify the period of time for which permission for the use of the property is being granted; and

(5) Be signed by the person granting permission for the use of the property.

(C) Whenever any person is stopped by a Police Officer of the City for a violation of subsection (A) of this section, he or she shall, upon the request of the Police Officer display the written permission required in this section.

(D) It shall be unlawful to park or use a vehicle on any vacant lot in the city. Owners of vacant lots shall comply with all applicable zoning ordinances and Section 11-1-26(C). Owners and operators of vehicles shall comply with subsections (A) through (C) of this section as may be applicable.

(Ord. 06-981, passed 2-13-06; Am. Ord. 08-1107, passed 3-24-2008) Penalty, see Art. 1-8

11-1-25 GRAFFITI PREVENTION, PROHIBITION AND REMOVAL.

(A) Purpose and intent. The purpose of this section is to provide a program for abatement of graffiti from public and private property to provide for the health, safety and welfare of the City of Goodyear, Arizona, by expediting the removal of graffiti from structures on both public and private property. The City finds and determines as follows:

(1) Graffiti contributes to blight and neighborhood deterioration, provides a communication system for gangs and other vandals, damages property and constitutes a public nuisance and a threat to public safety which must be abated to alleviate the detrimental impact of such graffiti on the City, and to prevent the further spread of graffiti.

(2) Certain categories of graffiti which incite violence are especially harmful and must be removed as quickly as possible to avoid or minimize harm to persons and the whole community.

(B) Definitions. For the purposes of this section, the following words and terms shall have the meanings ascribed to them:

ABATE. The removal, painting over or other obscuring of graffiti.

AEROSOL PAINT CONTAINER. Any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substances capable of defacing property.

BROAD TIP MARKER. Any marker or similar implement which has a writing surface which is one-half of an inch or greater, or any similar implement containing an ink or other pigmented substance that is not water soluble.

CITY. The City of Goodyear and its employees and any private contractor authorized by the City to act on behalf of the City to abate graffiti.

ETCHING EQUIPMENT. Any tool, device or substance that can be used to make permanent marks on natural or manmade surface.

GRAFFITI. Any inscription, etching, scratching, word, figure, painting, design or otherwise placing of a mark, symbol, figure, inscription, word, design, drawing, or name upon public or private real or personal property visible when viewed from a public right-of-way which is not authorized by the City Code or City Manager.

GRAFFITI IMPLEMENT. (1) Aerosol paint container, (2) broad tip marker, (3) paint stick, (4) graffiti stick, (5) bleeder, (6) gum label, or (7) any other item intended for, designed or used for graffiti purposes.

GUM LABEL. Any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface, is not easily removable.

IMMEDIATELY ADJACENT. Within 10 feet of the property.

OWNER. An owner, occupant, manager, licensee, tenant, renter and/or any person, entity or entities having the right to possess or control property or who is responsible for property.

PAINT STICK, GRAFFITI STICK or BLEEDER. Any device containing paint, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark of at least one-eighth of an inch in width.

PERSON. Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

PROPERTY. Any real or personal property, including but not limited to any premises, house, building, wall, fence, tree, structure, sidewalk, curb or any separate part thereof whether permanent or not.

(C) Prohibited acts.

(1) It shall be unlawful for any person to plan to apply or apply graffiti of any type on any public real or personal property without the consent of the City Manager or on private real or personal property without the express consent of the owner.

(2) It shall be unlawful for any person to solicit or command another person to apply graffiti.

(3) It shall be unlawful for any person to aid or abet or agree to aid or abet another person to plan to apply or apply graffiti.

(4) It shall be unlawful for any owner to permit or allow any graffiti to remain on property if the graffiti can be viewed from a public right-of-way.

(5) It shall be unlawful for any person under the age of 18 years to possess any graffiti implement while in, on, or upon any school property, which includes school grounds, facilities, buildings, or structures; on public property immediately adjacent to school property; or on private property immediately adjacent to school property.

(6) It shall be unlawful for any person under the age of 18 years to possess any graffiti implement while in, on or upon any public facility, park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the City or any other governmental entity.

(7) It shall be unlawful for any person under the age of 18 years to possess any graffiti implement while in or within 50 feet of an underpass, bridge abutment, storm drain, or other public infrastructure that has a surface to which graffiti can be applied.

(8) It shall be unlawful for any person to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any aerosol paint container, broad tip marker, or paint stick to any person under the age of 18 years.

(9) It shall be unlawful for any person who interferes, prevents, or attempts to interfere or prevent an individual employed or contracted for by the City from investigating an alleged violation of this chapter, or from correcting or abating a violation of this chapter.

(D) Defenses.

(1) It is a defense to a prosecution or violation of subsections (C)(1), (2), and (3) of this section if the graffiti was authorized by the City Manager on public property or by the property owner of private property. The property owner may not consent to an act of graffiti on their property if the location of the graffiti would be a violation of this chapter.

(2) It is a defense to a prosecution or violation of subsection (C)(5) of this section if the graffiti implement was in the minor’s possession while attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class at the school that formally requires the possession of the specific graffiti implement for a proper school-related purpose.

(3) It is a defense to a prosecution or violation of subsection (C)(6) of this section if possession of the graffiti implement was authorized by the City Manager.

(4) It is a defense to a prosecution or violation of subsection (C)(8) of this section if the transfer of graffiti implement(s) was from parent to child, guardian to ward, employer to employee, teacher to student or in any other similar relationship when such transfer is for a lawful purpose.

(5) It is a defense to a prosecution or violation of subsection (C)(8) of this section that the person, employee or agent demanded and was shown acceptable evidence of majority and acted upon such evidence in a transaction or sale. Acceptable evidence of majority shall include, but is not limited to, a driver’s license, state-issued identification or military identification.

(E) Display and storage.

(1) No person who owns, conducts, operates, or manages a retail commercial establishment where aerosol paint containers, paint sticks, or broad tip markers are sold, nor any person who sells or offers for sale aerosol paint containers or broad tip markers, shall store or display, or cause to be stored or displayed, such aerosol paint containers or broad tip markers in an area that is not continuously observable, through direct visual observation or surveillance equipment, by employees of the retail establishment during the regular course of business.

(2) In the event that a commercial retail establishment is unable to store the aerosol paint containers, paint sticks, or broad tip markers in an area as provided in subsection (E)(1) of this section, the establishment shall store the aerosol paint containers, paint sticks, and broad tip markers in an area not accessible to the public in the regular course of business without employee assistance.

(F) Abatement and penalties.

(1) Abatement. Notwithstanding the procedures set forth in this section, if it is determined by the City that graffiti exists on property in violation of this section, the City shall, in writing, notify the owner of the property through the issuance of a civil code citation providing a maximum of seven days to abate the graffiti and appear in the Goodyear Municipal Court to respond as provided in Article 18-1.

(a) The civil code citation shall contain the following information:

1. Street address or legal description sufficient to identify the property;

2. General location and description of the graffiti on the property;

3. The requirement that the graffiti must be removed within seven days after receipt of the notice;

4. An approximate cost of abatement if abated by the City;

5. An advisement that failure to remove the graffiti within seven days, or schedule a hearing, will result in the City taking steps to abate the graffiti and bill the owner for the costs of abatement; and

6. That permitting graffiti on private property is a criminal violation subject to the applicable penalties as provided by law.

(b) Service of the civil code citation shall be as provided in Article 18-1. The civil code violation may be dismissed if the owner appears in court or submits, prior to the hearing date, proof that the graffiti has been abated by the owner.

(c) If the owner fails to abate the graffiti as required by the civil code citation or appear in the Goodyear Municipal Court on the date specified in the citation, the City may proceed to abate the graffiti and bill the owner for the costs of said abatement. In the event that the bill is not paid by the owner, a statement of the account shall be certified to the Finance Director who shall proceed with all actions necessary to collect the costs of abatement due (including the imposition of property liens), together with interest at the rate established by law.

(d) The owner may contact the City prior to the seven days and consent to the City abating the graffiti on the owner’s property. In such situations, the owner will be billed for the abatement and the case dismissed upon payment of the abatement fees or waiver.

(e) Prior to entering upon private property or property owned by a public entity other than the City for the purpose of graffiti removal, the City shall attempt to secure the consent of the property owner or responsible party. If the graffiti is not abated by the owner, or the owner refuses to provide consent, the City is authorized to commence abatement and cost recovery proceedings for the graffiti removal as set forth in this chapter. The City Police Department shall assist in the enforcement of this section.

(2) Penalties.

(a) Violation of subsections (C)(1) through (9) of this section is a class 1 misdemeanor. In addition to other penalties authorized by law, the court shall order restitution for damage or loss caused directly or indirectly by the defendant’s offense, to any person or entity including a political subdivision that has incurred expense to repair or abate such damage or loss, in an amount to be determined by the court.

(b) Violations of subsections (E)(1) and (2) of this section are civil offenses and are subject to a fine of not less than $500.

(Ord. 07-1090, passed 10-9-07; Am. Ord. 09-1188, passed 6-22-2009)

11-1-26 FUGITIVE DUST CONTROL.

(A) Purpose. The purpose of this section is to provide for the health, safety, and welfare of the citizens of the City by improving air quality through the regulation of fugitive dust and PM-10 particles to the maximum extent practicable as required by federal and state law.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

FUGITIVE DUST. Particulate matter not collected by a capture system that is entrained in the ambient air and is caused from human and/or natural activities, such as, but not limited to, movement of soil, vehicles, equipment, blasting, and wind. For the purpose of this section, FUGITIVE DUST does not include particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment, or from piledrivers.

LANDSCAPE DEBRIS. Debris generated or accumulated as a result of, or moved in the course of, landscape operations. LANDSCAPE DEBRIS includes, but is not limited to, grass clippings, leaves, branches, vegetative matter, rubbish, soil and rock.

LEAF BLOWER. Any device that generates a stream of air that is designed, or used, to move landscape debris.

PERMIT. A permit issued by Maricopa County, Arizona, evidencing that a dust-generating operation has a satisfactory dust control plan in place approved by the Maricopa County Air Quality Department.

PM-10. The standard adopted by the Environmental Protection Agency that focuses on smaller particulates in the air that are likely responsible for adverse health effects because of their ability to reach the lower regions of the respiratory tract. The PM-10 standard includes particles with a diameter of 10 micrometers or less (0.0004 inches or 1/7 the width of a human hair).

PUBLIC ROADWAY. Any street, alley, road, highway or thoroughfare of any kind that is used by the public or that is open to the public as a matter of right, for the purpose of vehicular travel.

STABILIZED SURFACE. Surfaces that have been treated with asphaltic concrete, cement concrete, penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate, or a suitable stabilization method approved by the City Engineer applied to a sufficient thickness to withstand repeated vehicular traffic.

(C) Parking and traffic restrictions on vacant lots or unpaved surfaces. It is unlawful for the owner of a vacant lot to allow the lot to be used for vehicle parking or vehicle use unless the vacant lot has been paved, or otherwise stabilized in a manner approved by the City Engineer, or his or her designee, to minimize the generation of dust or particulate matter. The owner of any vacant lot may be required to take reasonable measures, such as installing post and cable fencing along the street, barricades at driveway openings or posting of no trespassing signs, to prevent the use of said lot by unauthorized persons. This restriction shall not apply to the temporary use of a vacant lot by public service and utility providers or during construction activity for which a permit has been obtained. Owners and operators of vehicles shall comply with Section 11-1-24(A) through (D) as may be applicable.

(D) Operation of leaf blowers. A person shall only operate a leaf blower on a stabilized surface, and shall not operate a leaf blower in a manner that causes landscape debris to be blown into a public roadway.

(E) Exemption. Any site that has been issued a permit by the Maricopa County Control Officer for the control of fugitive dust from dust-generating operations, and is in compliance with that permit, is exempt from these provisions.

(F) Public nuisance. In addition to the penalties provided herein, any fugitive dust caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, and welfare, and shall be deemed a nuisance that is subject to abatement at the violator’s expense.

(G) Penalty. Any person who violates this section is guilty of a Class 3 misdemeanor. A Class 3 misdemeanor includes fines up to $500 plus surcharges and fees, probation up to one year, and imprisonment up to 30 days. A.R.S. 13-802(C); 13-902(A)(7); 13-707(A)(3).

(Ord. 08-1107, passed 3-24-2008)

11-1-27 DISORDERLY CONDUCT

(A) It is unlawful for any person to knowingly conceal on their person, or knowingly have in their immediate proximity or knowingly possess any dangerous or deadly weapon for purposes of engaging in a fight or violent activity.

(B) It is unlawful for any person to intentionally, knowingly, or recklessly engage in fighting or violent behavior in any public place or in or near any lawful assembly of persons; provided, that participants in athletic contests may engage in such conduct which is reasonably related to that sport.

(C) Definitions.

(1) DANGEROUS OR DEADLY WEAPON. Any weapon, instrument or object capable of being used to inflict great bodily injury or death.

(2) PUBLIC PLACE. An area generally visible to public view and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them or any other area that may be viewed by the public.

(D) Defenses, justification. The use of physical force which would otherwise constitute a violation of subsection (A) or (B) of this section may be justified as provided in A.R.S. Title 13, Chapter 4.

(E) A violation of this section is a Class 1 misdemeanor subject to the penalties set forth in Article 1-8.

(Ord. 09-1201, passed 12-14-09)

11-1-28 DISORDERLY PARTY, GATHERING, EVENT

(A) It shall be unlawful for any person or persons to host a party, gathering or event whether on private or public property within the City of Goodyear:

(1) Which is disruptive to the public peace, health, safety, or welfare due to the magnitude of the crowd, loud music or other noise, disturbances, unruly behavior by those attending the party, or destruction of property; or

(2) Where a person under the age of 21 years is in possession of, consuming or has any spirituous liquor, illegal drug, or vapor releasing substance in their body and the person or persons hosting the party knew or reasonably should have known that the person in possession of, consuming, or with spirituous liquor, illegal drug, or vapor releasing substance in their body is under the age of 21 years.

(B) Definitions.

(1) EXPENSES OF ANY PUBLIC SAFETY RESPONSE. Reasonable costs directly incurred by the City in responding to the party, gathering or event or related activity, including the costs of providing police, fire, rescue and emergency medical services and the salaries of those persons.

(2) HOST. Any of the following: (a) the person or persons in charge of the premises where the party takes place, whether or not they had authority to authorize the party; and/or (b) the person or persons authorizing the use of the premises for the party, whether or not they had authority to do so; and/or (c) the person or persons who organized the party.

(3) ILLEGAL DRUG. Any drug or substance regardless of the form, of which possession or consumption in any quantity is prohibited by Arizona State Statute or federal law, or any non-medical use of prescription drugs or other substances. Non-medical use is using a medical prescription of another, or exceeding the prescribed use of a medically prescribed substance.

(4) KNOWINGLY. For purposes of this section means having a general knowledge of or reason to know which warrants further inquiry or inspection.

(5) MINOR. A person under the age of 21 years.

(6) PARTY. A party gathering or event or other assembly of persons for a social occasion or activity.

(7) SPIRITUOUS LIQUOR. Any alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one percent of alcohol by volume.

(C) Restitution. In addition to any other restitution deemed appropriate by the Court, the Court may order the host of the party, gathering or event to pay restitution to the City for the expenses of any public safety response.

(D) A violation of this section is a Class 1 misdemeanor subject to the penalties set forth in Article 1-8.

(Ord. 09-1201, passed 12-14-09)

11-1-29 CRIMINAL TRESPASS

(A) A person is guilty of criminal trespass if the person knowingly enters or remains in or upon the premises of another when the person is not then authorized, invited, or otherwise privileged to so enter or remain.

(B) Authority or privilege to enter or remain in a building which is only partly open to the public is not authority or privilege to enter or remain in that part of the building which is not open to the public.

(C) A person may enter or remain upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.

(D) In any prosecution under subsection (A) of this section it is an affirmative defense that:

(1) The person reasonably believed that the owner of the premises, or other person with authority to grant permission, would have authorized him or her to enter or remain; or

(2) The person was attempting to serve legal process, which includes any document required or allowed to be served upon persons or property by any statute, ordinance, governmental rule or regulation, or court order, excluding delivery by the mails of the United States. This defense is available only if the person did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process.

(E) It is not a defense under this section that the land or premises involved was owned, controlled or in custody of a public agency.

(F) It is not a defense under this section that the offender was authorized to enter or remain on the land or premises involved when such authorization was secured by deception.

(G) A violation of this section is a Class 1 misdemeanor subject to the penalties set forth in Article 1-8.

(Ord. 09-1201, passed 12-14-09)

11-1-30 PUBLIC URINATION OR DEFECATION

(A) It is unlawful for any person to urinate or defecate in a public place, except in facilities provided for the purpose.

(B) PUBLIC PLACE is defined as an area generally visible to public view and includes but is not limited to streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them or any other area that may be viewed by the public.

(C) A violation of this section is a Class 1 misdemeanor subject to the penalties set forth in Article 1- 8.

(Ord. 09-1201, passed 12-14-09)

11-1-31 MAKING A FALSE OR MISLEADING STATEMENT

(A) It is unlawful for any person to knowingly make a false or misleading material statement to a law enforcement officer.

(B) Definitions.

(l) FALSE OR MISLEADING MATERIAL. A false statement regarding the legal name, address, other identifying information about the person making the statement, or about another person or other statement of fact reasonably likely to be relied upon by a law enforcement officer in the discharge of their official duties or powers.

(2) LAW ENFORCEMENT OFFICER. Those persons responsible for the enforcement of the provisions of the Goodyear Municipal Code, including provisions related to fire, building, zoning, and life and safety codes; those individuals empowered to make arrests for offenses under the Goodyear Municipal Code; or those individuals responsible for the enforcement of federal or state criminal laws.

(3) STATEMENT. A written or oral assertion.

(C) A violation of this section is a Class 1 misdemeanor subject to the penalties set forth in Article 1-8.

(Ord. 09-1201, passed 12-14-09)

11-1-32 OBSTRUCTING A LAW ENFORCEMENT OFFICER

(A) A person is guilty of obstructing a law enforcement officer if the person knowingly does any of the following:

(1) Hinders, delays, interferes, impedes, prevents, obstructs or endangers any law enforcement officer in the performance of their official powers or duties;

(2) Refuses to cease an activity or behavior that creates a risk of injury to any person when ordered to do so by a law enforcement officer in the performance of their official powers or duties;

(3) Destroys, conceals or alters or attempts to destroy, conceal or alter any material which the person knows the law enforcement officer is attempting to obtain, secure or preserve during an investigation, search or arrest; or

(4) Refuses or fails to disperse or move on or fails to cease activity when lawfully directed to do so by a law enforcement officer in the performance of their official powers or duties.

(B) LAW ENFORCEMENT OFFICER. Those persons responsible for the enforcement of the provisions of the Goodyear Municipal Code, including provisions related to fire, building, zoning, and life and safety codes; those individuals empowered to make arrests for offenses under the Goodyear Municipal Code; or those individuals responsible for the enforcement of federal or state criminal laws.

(C) A violation of this section is a Class 1 misdemeanor subject to the penalties set forth in Article 1-8.

(Ord. 09-1201, passed 12-14-09)

11-1-33 INTERFERING WITH POLICE SERVICE DOG

(A) While a police service dog is being caged, kenneled, transported, exhibited, exercised, or engaged in discharging or attempting to discharge any lawful duty or function, it is unlawful for any person to knowingly or recklessly commit or attempt to commit any of the following acts:

(1) Kill, injure, strike, kick, taunt, torment, tease, harass, shoot, poison, interfere with or bait a police service dog;

(2) Cause or direct any animal to attack or otherwise interfere with the police service dog;

(3) Throw an object or substance at a police service dog; or

(4) Interfere with or obstruct a police service dog, or interfere with or obstruct a law enforcement officer assisted by a police dog, in a manner that does any of the following:

(a) Inhibits or restricts the law enforcement officer’s control of the police service dog;

(b) Deprives the law enforcement officer of control of the police service dog;

(c) Releases the police service dog from its area of control;

(d) Enters the area of control of the police service dog without the consent of the law enforcement officer, including placing food or any other object or substance into that area without permission of the handler;

(e) Engages in any conduct that is likely to cause serious physical injury or death to a police service dog;

(f) Aid, assist, abet or encourage any of the actions identified in subsection (A)(1) through (A)(4) of this section.

(B) Restitution. In addition to other penalties, the court may order any person(s) joint and severally liable for the payment of all of the following:

(1) Any veterinary bills or bills for medication incurred as a result of the violation;

(2) Any damaged equipment that results from the violation; and

(3) The cost of replacing the police service dog and/or any further training of a new police service dog by a law enforcement officer that is required due to the death of or serious physical harm to the police service dog that is the subject of the violation.

(C) As used in this section:

(1) HANDLER. A law enforcement officer who is specially trained, and uses a police service dog during the course of the performance of their law enforcement powers or duties.

(2) LAW ENFORCEMENT OFFICER. Those persons responsible for the enforcement of the provisions of the Goodyear Municipal Code, including provisions related to fire, building, zoning, and life and safety codes; those individuals empowered to make arrests for offenses under the Goodyear Municipal Code; or those individuals responsible for the enforcement of federal or state criminal laws.

(3) PHYSICAL HARM. Any injury, illness, or other physiological impairment, regardless of its gravity or duration.

(4) POLICE SERVICE DOG. A dog that has been trained, and may be used to assist law enforcement officers in the performance of their official duties.

(D) A violation of this section is a Class 1 misdemeanor subject to the penalties set forth in Article 1-8.

(Ord. 09-1201, passed 12-14-09)

11-1-34 FIREWORKS

(A) Definitions.

(1) The following words, terms and phrases, when used in this section, have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: CONSUMER FIREWORK means those fireworks defined by Arizona Revised Statutes Section 36-1601.

(2) DISPLAY FIREWORK means those fireworks defined by Arizona Revised Statutes Section 36-1601.

(3) FIREWORKS 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, display firework or permissible consumer firework as defined by Arizona Revised Statutes Section 36-1601.

(4) NOVELTY ITEMS means federally deregulated novelty items that are known as snappers, snap caps, party poppers, glow worms, snakes, toy smoke devices, sparklers, and certain toys as defined in Arizona Revised Statutes Section 36-1601.

(5) PERMISSIBLE CONSUMER FIREWORKS means those fireworks as defined by Arizona Revised Statutes Section 36-1601 that may be sold within the City even where the use of those items has been prohibited.

(6) SUPERVISED PUBLIC DISPLAY means a monitored performance of display fireworks open to the public and authorized by permit by the Fire Marshal or his designee.

(B) Fireworks prohibited; exceptions.

(1) The use, discharge or ignition of fireworks within the City is prohibited.

(2) Nothing in this subsection or section shall be construed to prohibit the use, discharge or ignition of novelty items or the occurrence of a supervised public display of fireworks.

(3) Permits may be granted by the Fire Marshal or designee for conducting a properly supervised public display of fireworks. Every such public display of fireworks shall be of such character and so located, discharged or fired, only after proper inspection and in a manner that does not endanger persons, animals, or property. A permit shall not be issued, and may be revoked, during time periods of High Fire Danger warnings. The Fire Marshal has authority to impose conditions on any permits granted.

(4) Failure to comply with any permit requirements issued by the Fire Marshal is a Class 3 misdemeanor offense.

(C) Sale of fireworks.

(1) No person shall sell or permit or authorize the sale of permissible consumer fireworks to a person who is under 16 years of age.

(2) No person shall sell or permit or authorize the sale of permissible consumer fireworks in conflict with state law.

(D) Posting of signs by persons engaged in the sale of fireworks; civil penalty.

(1) Prior to the sale of permissible consumer fireworks, every person engaged in such sales shall prominently display signs indicating the following:

(a) The use of fireworks, except novelty items as defined by City Code, including permissible consumer fireworks is prohibited within the Goodyear City limits.

(b) Consumer fireworks authorized for sale under state law may not be sold to persons under the age of 16.

(2) Signs required under this subsection shall be placed at each cash register and in each area where fireworks are displayed for sale.

(3) The Fire Marshal or designee shall develop regulations concerning the size and color of the required signs and shall develop a model sign. The required sign regulations and model sign shall be posted on the City’s website and filed with the Clerk’s office.

(4) Failure to comply with subsections (D)(1) and (D)(2) of this section is a civil offense punishable by a civil fine of up to $500.00.

(E) Authority to enforce violations of this section; means of enforcement.

(1) The Fire Marshal or designee, a City police officer or marshal, City code enforcement officers, or the City Attorney may issue civil complaints to enforce violations of this section designated as civil offenses.

(2) Any person authorized pursuant to this subsection to issue a civil complaint may also issue a notice of violation specifying actions to be taken and the time in which they are to be taken to avoid issuance of a civil or criminal complaint.

(3) A City police officer, City code enforcement officers, or the City Attorney may issue criminal complaints to enforce this section.

(F) Liability for emergency responses related to use of fireworks; definitions.

(1) A person who uses, discharges or ignites permissible consumer fireworks, 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 liable for the expenses of any emergency response that is required by such use, discharge or ignition. The fact that a person is convicted or found responsible for a violation(s) of this section is prima facie evidence of liability under this subsection.

(2) The expenses of an emergency response are a charge against the person liable for those expenses pursuant to subsection (F)(1) of this section. The charge constitutes a debt of that person and may be collected proportionately by the public agencies, for-profit entities or not-for-profit entities 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.

(3) For the purposes of this subsection:

(a) EXPENSES OF AN EMERGENCY RESPONSE means reasonable costs directly incurred by public agencies, for-profit entities or not-for-profit entities that make an appropriate emergency response to an incident.

(b) REASONABLE COSTS includes the costs of providing police, fire fighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident.

(G) Penalty. The penalty for violating any prohibition or requirement imposed by this section is a Class 3 misdemeanor unless another penalty is specifically provided for.

(Ord. 10-1224, passed 9-27-2010)