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Article 10-1
MISCELLANEOUS OFFENSESSections:
10-1-1 Searchlights
10-1-2 Excavations to be Covered
10-1-3 Driving on Shared Use Path
10-1-4 Noise
10-1-5 Nuisances
10-1-6 Obstruction of View
10-1-7 Offensive Business
10-1-8 Offensive Premises
10-1-9 Prostitution
10-1-11 Signs and Banners
10-1-12 Water - Flow Upon Streets Prohibited
10-1-13 Urinating or Defecating In Public
10-1-14 Solicitating Passengers or Baggage
10-1-15 Public Property; Injuring.
10-1-16 Abandoned Refrigerator, Icebox or Container
10-1-17 Curfew
10-1-18 Weapons in Parks and Public Buildings
10-1-19 Keeping of Junk Restricted
10-1-20 Willful Failure to Return Library Property
10-1-21 Expectorating on Sidewalks or in Public Buildings
10-1-22 Weapons in Parks or Other Public Places Prohibited
10-1-23 Penalties
10-1-24 Impersonating a Police Officer
10-1-25 Prohibited Use of Public Right-of-Way
10-1-26 Prohibited Use of Town Logo
10-1-27 Unlawful Parking
10-1-28 Weapons Near A School Prohibited
10-1-29 Town Property-Squatting on Prohibited
10-1-30 Throwing Stars and Nunchuckas; Possession By Minors Prohibited; Sale to Minors Prohibited
10-1-31 Possession of Butterfly Knives and Brass Knuckles Prohibited
10-1-32 Obstructing Government Operations
10-1-33 Unlawful Use of 9-1-1 Emergency Line
10-1-34 Indecent Exposure
10-1-35 Loitering
10-1-36 Narcotics - Keeping Paraphernalia; Acting as Lookout
10-1-37 Same - Seizure, Destruction of Paraphernalia
10-1-38 Open Container in Public Prohibited
10-1-39 Severability
10-1-40 Methamphetamine
10-1-1 Searchlights
It is unlawful for any person to operate within the town any incandescent or arc-type searchlight, beacon light or similar lighting device designed to and capable of projecting a beam of light into the sky for a distance in excess of one-half mile. The provisions of this section shall not apply to emergency searchlights or beacons operated pursuant to public authority.
10-1-2 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 town without providing a sufficient light at night and a temporary fence or suitable obstruction around or in front of such excavation 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 providing substantial curbing, covering or protection of such excavation.
10-1-3 Driving on Shared Use Path
It shall be unlawful to operate a motorized vehicle on the shared use paths at any time and for any reason except for golf carts and registered neighborhood vehicles as defined by the State of Arizona in signed designated areas. Use of the vehicles beyond posted limits is prohibited.
(05-10, Amended, 02/16/2005; 04-36, Repealed, 10/20/2004, Effective 01/20/05)
10-1-4 Noise
A. No person shall negligently make, cause, or permit unreasonable noise.
B. Noise made for the following purposes is exempt from subsection (A) of this section:
1. Emergency activities necessary to restore property to a safe condition after a natural disaster or occurrence;
2. Protecting people or property from imminent danger;
3. Governmental activities;
4. Activities sponsored or sanctioned by the Town Council;
5. Operation, maintenance, or repair of heavy equipment between sunrise or 6:00 a.m., whichever is later, and sunset.
6. Noise generated by construction, demolition, excavation or grading according to the following restrictions:
a. Concrete. The pouring of concrete and all associated work may be conducted from April 15th through October 15th between the hours of 5:00 a.m. and 7:00 p.m., and from October 16th through April 14th between the hours of 6:00 a.m. and 6:00 p.m., or as authorized pursuant to an Extended Construction Hours Work Permit (ECHWP) issued under Oro Valley Town Code Section 6-6-2.
b. All Other Construction. Within five hundred (500) feet of a residential zone, all other construction may occur between the hours of 6:00 a.m. and 6:00 p.m. Construction sites more than five hundred (500) feet from a residential zone may conduct work between the hours of 5:00 a.m. and 6:00 p.m. Construction hours may be extended pursuant to an ECHWP issued under Oro Valley Town Code Section 6-6-2. The distance from a residential zone shall be determined by measuring from all property lines of the construction site.
C. The exact time of sunrise and sunset will be as reported by the National Weather Service.
D. Factors that may be considered in determining the reasonableness of the noise are, but not limited to:
1. The level, character, frequency and duration of the noise;
2. The necessity of the noise;
3. The proximity of the source to inhabited structures;
4. Hardship to the perpetrator if noise discontinued or limited;
5. Character and zoning of neighborhood;
6. Time of noise.
E. Violation of this section is a Class 1 misdemeanor.
((O)08-09, Amended, 05/07/2008; Effective 1/21/95)
10-1-5 Nuisances
A. It is unlawful for any person to maintain a public nuisance. Anything which is injurious to health or indecent or offensive to the senses, or which interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons, or which unlawfully obstructs the free passage or use in a customary manner of any public place, street, sidewalk or alley in the town is a public nuisance and subject to summary abatement.
B. Idling Motor Vehicles.
1. No commercial vehicle or diesel-powered vehicle shall be left with engine idling or auxiliary motor running while directly adjacent to a developed residential zone within the Town.
a. Between the hours of 7:00 p.m. and 7:00 a.m., any commercial or diesel-powered vehicle left idling for any length of time will be presumed in violation of this section.
b. At all other times, a commercial or diesel-powered vehicle left idling for thirty (30) minutes or more shall constitute a violation of this section.
2. This section does not apply to emergency vehicles, public works or public utility vehicles engaged in the performance of emergency or operational duties.
3. For the purpose of this section the following definitions apply:
a. “Commercial vehicle” means a motor vehicle designed or regularly used to carry freight, merchandise, or more than ten (10) passengers, whether loaded or empty, including buses, but not including vehicles used for vanpools or vehicles built and operated as recreational vehicles.
b. “Engine idling” refers to a commercial or diesel-powered vehicle parked or not in use with its engine running.
((O)08-06, Amended, 04/02/2008)
10-1-6 Obstruction of View
It is unlawful for any person to maintain or allow any tree, hedge, billboard or other obstructions 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.
10-1-7 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 town.
10-1-8 Offensive Premises
It is unlawful for any person to suffer, or permit any premises belonging to or occupied by him, 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.
10-1-9 Prostitution
It is unlawful for any prostitute to solicit, or any person to solicit for a prostitute or a place of prostitution or to solicit persons to visit or patronize a prostitute or place of prostitution, or make such solicitation upon the streets or in any public place of the town.
10-1-11 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 town without first obtaining authorization from the council.
10-1-12 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, or to impede vehicular or pedestrian traffic, to create a hazardous condition to such traffic or to cause damage to the public streets of the town.
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 town 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.
10-1-13 Urinating or Defecating In Public
It is unlawful for any person to urinate or defecate in a public place, or any place exposed to any public view, except in an established lavatory or toilet. Any violation of this provision shall be a class one misdemeanor.
(02-07, Amended, 03/20/2002)
10-1-14 Solicitating Passengers or Baggage
It is unlawful for any person to enter into or upon any transportation terminal or shelter, or any hotel, motel, resort, or any grounds thereof, for the purposes of soliciting passengers for any purpose, or soliciting passengers, guests or baggage to be transported or carried in such a manner, without the consent of the owner of such grounds or the person in charge thereof.
(02-07, Amended, 03/20/2002)
10-1-15 Public Property; Injuring.
Any person who shall negligently, willfully or maliciously injure, deface, pull down, change the placement of, prohibit removal of, or in any manner break or destroy any traffic signage, signpost or board containing the name or number of any street in the Town, or who shall pull down, obliterate, deface or destroy any house or door number placed upon any house or door in the Town, or who shall mutilate, deface, destroy, or shall attempt to move, mutilate, deface or in any manner damage any public fountain, water tank or tower, public art, public exhibit, public bench, public amphitheater, music stand, sidewalk or path or other property belonging to the Town shall be guilty of a Class One Misdemeanor.
(02-07, Amended, 03/20/2002)
10-1-16 Abandoned Refrigerator, Icebox or Container
A. It shall be unlawful for any person to leave outside of any building or dwelling, or in a place accessible to children any abandoned, unattended or discarded icebox, refrigerator or any other container of any kind which has an airtight door or lock which may not be released from the inside of such.
B. It shall be unlawful for any person to leave outside of any building or dwelling or a place accessible to children any abandoned, unattended or discarded icebox, refrigerator or any other container of any kind which has an airtight snaplock or other device thereon without first removing the said snaplock or doors from said icebox, refrigerator or container.
(02-07, Amended, 03/20/2002)
10-1-17 Curfew
A. Definitions:
1. Juvenile is any person who has not yet attained the age of eighteen (18) years.
2. Parent is any natural or adoptive parent of a juvenile.
3. Guardian is any person, other than a parent, who has legal guardianship of the person of a juvenile.
4. Custodian is any person, not a juvenile, who is in loco parentis to a juvenile.
B. It shall be unlawful for any juvenile, prior to his/her sixteenth birthday, to be, remain, loiter or cruise in any vehicle in, about or upon any place in the town away from his/her dwelling, house or usual place of abode between the hours of ten p.m. and five a.m.
C. It shall be unlawful for any juvenile, on or after his/her sixteenth birthday, but prior to his/her eighteenth birthday, to be, remain, loiter or cruise in any vehicle in, about or upon any place in the town away from his/her dwelling, house or usual place of abode between the hours of twelve midnight and five a.m.
D. The provisions of this section shall not apply to any juvenile when accompanied by a parent, guardian or custodian, or when lawfully married, or when on an emergency errand, or when it is reasonable, legitimate and specific business or activity directed or permitted by a parent, guardian or custodian.
E. It shall be unlawful for the parent, guardian, or custodian of any juvenile to permit the juvenile to remain, loiter or cruise in any vehicle, in, about or upon any place in the town away from the dwelling, house or usual place of abode of the juvenile in violation of this section.
F. Any person violating any provision of this section shall be guilty of a Class 1 misdemeanor. (Ord. No. 96-17, Enacted, 04/17/96)
10-1-18 Weapons in Parks and Public Buildings
A. It shall be unlawful for any person to carry or otherwise possess any deadly weapon (as defined in the Arizona Revised Statutes, town statutes, and below), anywhere within a public park within the Oro Valley Town limits. Deadly weapons includes, but is not limited to: firearms, air rifles, spring bows, bows and arrows, shurikens, throwing stars, slings, knives with blades over 2", or any other form of weapon(s) potentially injurious to either wildlife or to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. As an exception to the above, "Firearms" as defined in the Arizona Revised Statutes will not be allowed in a park unless the person possesses a currently valid concealed weapons permit issued pursuant to Arizona Revised Statute 13-3112. Any person carrying a firearm with a valid concealed weapon permit may carry such weapon either openly or concealed on their person while within the park. Such a permit mentioned above must be produced immediately upon demand by any peace officer or any authorized park personnel or Town employee. In order for this ordinance to be effective, notices must have been posted at such park which shall state "Carrying a firearm in this park or in any developed or improved area thereof is limited to persons who possess a permit issued pursuant to Arizona Revised Statute 13-3112." Lack of attention to such signs or damage to or missing signs shall not constitute a defense to the charge. Such notices shall be conspicuously posted at all public entrances and at intervals of 1/4 mile or less where the park has an open perimeter.
B. Penalty - Any violation of this ordinance for carrying an openly displayed or concealed firearm within a park without currently possessing a concealed weapon permit shall be a Class Two (2) misdemeanor punishable by up to four (4) months in jail, a fine not to exceed $750, and up to two (2) years of supervised probation, all specified pursuant to Arizona Revised Statutes.
C. Penalty - Any violation of carrying any deadly weapon within the park grounds, except as specified elsewhere, shall be a Class One misdemeanor punishable by a fine of up to $2500, six (6) months jail and three (3) years of probation.
D. It shall be unlawful for any person to carry or otherwise possess any deadly weapon as defined above or in the Arizona State Statutes anywhere within any Town of Oro Valley public building unless specifically authorized by law pursuant to Arizona Revised Statute 13-3102 Subsection (C); or if such a person is an Oro Valley Town employee or personnel, and such an item is normally used as a tool within the normal scope of their duties. All persons shall remove their weapon(s) and place it/them in the custody of the operator of the establishment or sponsor of the event immediately upon entering. Failure to do so shall be punishable as a Class One (1) misdemeanor unless the state statutes designate such action as a more serious offense, in which case the more serious designation shall be in effect.
E. Should the Arizona Legislature pass any law or legislation, and such law or legislation is upheld by any court of competent jurisdiction which invalidates any or all of the provisions of this ordinance, the state law shall supercede any provision of this ordinance and any such provision or provisions in this ordinance in conflict with State law shall be null and void.
(00-27, Added, 08/16/2000)
10-1-19 Keeping of Junk Restricted
It shall be unlawful for any person to store or keep, maintain or fail to completely remove and properly dispose of all junk on and visible from beyond the property lines of property owned, leased, occupied, maintained, used, or controlled by such person for more than thirty (30) days. All junk must be removed within thirty (30) days of placement. Junk for purposes of this article is defined as the accumulation of (1) any waste product; (2) discarded furniture; (3) discarded glass, metal, plastic or paper; (4) machinery parts, including vehicles; (5) inoperative machines or material wastes; (6) animal waste (7) litter; (8) discarded or empty containers, except those in authorized recycling containers; or (9) items that in their present state are of minimal value without being transported or processed; which is not confined within a junkyard as properly licensed by the Town and in an appropriately zoned area.
(02-07, Added, 03/20/2002)
10-1-20 Willful Failure to Return Library Property
It shall be unlawful for any person to willfully fail to return any book, pamphlet, record, magazine or other property of any library located within the municipal boundaries within five (5) calendar days after receipt of notice from the library demanding return of such property. For purposes of this Section, any library record showing a notification being sent will be authomatically admissible in any court proceeding without any further action. Any such mailing will be presumed by the court to be received by the person three (3) days after the date of such mailing.
(02-07, Added, 03/20/2002)
10-1-21 Expectorating on Sidewalks or in Public Buildings
It shall be unlawful for any person to expectorate upon any of the sidewalks or upon the floors of any indoor or outdoor theater, public building, church or room used for public assemblies. Such violation shall be a Class Three misdemeanor.
(02-07, Added, 03/20/2002)
10-1-22 Weapons in Parks or Other Public Places Prohibited
It shall be unlawful for any person to carry or otherwise possess a weapon anywhere within a public park or public building. State Law shall govern all firearm prohibition at a park or public building. All other weapons shall be governed by this Code. This provision shall not apply to small pocket knives or any items intended for immediate use for sporting or other recreational activities; to duly sworn peace officers before, during or after the normal course of their duties; or to Town personnel if such an item is normally used as a tool within the course of their duties.
(02-07, Added, 03/20/2002)
10-1-23 Penalties
Unless otherwise specified, all violations of Chapter 10 of the Oro Valley Town Code, all violations of the Oro Valley Zoning Code, all violations of the adopted Building and Fire Codes and other Town Codes shall be designated as class one misdemeanors. Any person found guilty of violating this Code shall be punished by a fine of not more than two thousand five hundred dollars ($2,500.00); imprisonment for not more than one hundred eighty (180) days; or placed on probation up to three (3) years or any combination thereof. In the case of a minor person, the parents or legal guardian shall be jointly and severably liable with the minor for the payment of all fines and terms of probation, if the appropriate court so orders.
(02-07, Added, 03/20/2002)
10-1-24 Impersonating a Police Officer
No person shall impersonate or hold himself out to be a police officer of this State, or use, wear or display an insignia, badge or indicia of a peace officer of this State, as may be evidenced by the use of the words police, sheriff, federal agent on such various insignia; nor shall such person operate or permit to be operating a motor vehicle with a siren, or red light, blue light or white light whether flashing or steady beam, in conjunction with any insignia used by peace officers of this State unless such person is currently employed as a peace officer of this State.
(02-07, Added, 03/20/2002)
10-1-25 Prohibited Use of Public Right-of-Way
It shall be unlawful for any person to use a public street, highway, alley, lane, parkway, sidewalk or other right-of-way, whether such right-of-way has been dedicated to the public in fee or by easement or othersise, for lying sleeping or remaining in a sitting position thereof, except in the case of a physical emergency or the administration of medical assistance.
(02-07, Added, 03/20/2002)
10-1-26 Prohibited Use of Town Logo
It shall be unlawful for any person to manufacture, make, sell, design, transfer or use any item which has the Oro Valley Town logo contained on it without the express prior consent of the Oro Valley Town Council or their designee, or, in an emergency situation, or day-to-day Town ordering activities, with the approval of the Town Manager. Nor may any item or insignia, regardless of shape or design, which has the words "Town" or "Oro" or "Valley", either used separately, together or in a connection to an official Town sponsorship, be used without the prior approval of the Town Council or their designee. This shall include election materials and/or any publications.
(02-07, Added, 03/20/2002)
10-1-27 Unlawful Parking
It shall be unlawful for a vehicle to stand, stop, and park or otherwise block, any main traveled portion of any roadway on all roads within the Town.
(02-07, Added, 03/20/2002)
10-1-28 Weapons Near A School Prohibited
It shall be unlawful for anyone to carry or otherwise possess any weapon as defined in the state statutes or Town Code within 250 feet of any school or school grounds, public or private, such weapon is located within a private residence already located within 250 feet of any school or school grounds, and is possessed by the authorized owner/occupant. This provision also shall not apply to areas such as a park where state law provisions regarding firearms take precedence if a such a Park is within 250 feet of a school. However, the person possessing such a firearm in such an area must comply with the current state law or this Code shall take effect. This provision shall apply whether the school is in session at the time or not. This provision shall not apply to any items being transported past the school, and intended for immediate use for sporting or other recreational activities; to any duly qualified peace officer, or any Town or school personnel for which the weapon is reasonably classified as a "tool" for the scope of their duties.
(02-07, Added, 03/20/2002)
10-1-29 Town Property-Squatting on Prohibited
All persons entering upon, or assisting to enter upon; enclosing, or assisting to enclose; locating, or assisting to locate upon; or in any manner connected with taking up, occupying, enclosing or assisting to enclose, or obstructing any property under the authority of the Town, for the purpose of taking possession, directly or indirectly, of any of the vacant or unoccupied lands, or lands occupied by governmental structures, owned, claimed or held in trust by the Town, or in conflict with the ordinances providing for and regulating the sale of public lands, owned, claimed, or held in trust by the Town, shall be guilty of a Class One Misdemeanor.
(02-07, Added, 03/20/2002)
10-1-30 Throwing Stars and Nunchuckas; Possession By Minors Prohibited; Sale to Minors Prohibited
A. It is unlawful for any person in this Town to sell, lend, or give to a minor, or to allow a minor to possess, any instrument, without handles, consisting of a metal plate having three (3) or more radiating points with one (1) or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or any other geometric shape that can be used as a weapon for throwing. It is also unlawful for any person in this Town to sell, lend or give to a minor, or allow a minor to possess, any instrument consisting of two handles of any hard material connected by a chain, rope, wire or other connecting device, that can be used as a weapon.
B. It is unlawful for any minor in this Town to manufacture or cause to be manufactured, imported into the Town, keep for sale, or offer or expose for sale or give, lend or possess any instrument as defined in subsection (a) of this Section.
C. It is a defense to this statute that the items in question are only being used in a martial arts class or tournament currently in session and properly sanctioned by the governing body of such martial arts discipline. It is a defense to this charge if such items are simply on display as part of a regular exhibit open to the public or in the possession of a certified martial arts instructor to be used for teaching purposes.
(02-07, Added, 03/20/2002)
10-1-31 Possession of Butterfly Knives and Brass Knuckles Prohibited
It is unlawful for any person to possess, store, own or give away any knive or cutting instrument with a blade longer than one and one half inches opening on a central pivot and capable of being opened and locked by one hand commonly known as a "butterfly knife" or any instrument designed to slip onto the hand and commonly known as "brass knuckles" anywhere within the town limits of Oro Valley unless such items are part of a regular exhibit capable of being viewed by the public or are being used as a tool in the regular course of employment.
(02-07, Added, 03/20/2002)
10-1-32 Obstructing Government Operations
A person commits obstructing a government operation is such person knowingly obstructs, impairs or hinders:
A. A governmental function by a public servant acting under color of his official authority; or
B. The enforcement of the penal law or the preservation of the peace by a peace officer acting under color of his official authority.
(02-07, Added, 03/20/2002)
10-1-33 Unlawful Use of 9-1-1 Emergency Line
It is unlawful for any person to dial the 9-1-1 line any hang up without speaking except for a serious medical emergency. It is unlawful to use 9-1-1 for a situation that is not an emergency if such a person does so on more than one occasion within any ninety (90) day period and has been previously instructed not to call the number for the purpose called for previously.
(02-07, Added, 03/20/2002)
10-1-34 Indecent Exposure
A. It shall be unlawful for any person to recklessly or willingly expose or display his or her anus, buttocks, genitals, pubic areas, aerola and/or the nipple of the female breast to view by any member of the public, or recklessly or willfully aid or assist in the exposure or display of another’s anus, buttocks, genitals, pubic areas, areola and/or the nipple of the female breast in any place viewable by a member of the public, including police officers, including, but not limited to, a street, alleyway, driveway, right-of-way, parking lot, park, bus stop, hallways, aisle, places of assembly whether indoor or outdoor, such as bingo halls, fairs, carnivals, businesses, swap meets, museums, or any other place of public accommodation, but not to include:
1. Regular or authorized performers or performances on theater, concert hall, music hall or nightclub stages, or movie house screens, bars or restaurants, except as prohibited in other sections of this Code.
B. It shall be no defense that the viewer or viewers:
1. Consented to the exposure or display; or
2. Voluntarily subjected himself or herself to the exposure or display; or
3. Was not, or were not, annoyed, offended, shocked or outraged by the exposure or display.
C. In this Section, unless the context requires otherwise, "exposure or display" means:
1. To submit to public view the named areas without cover; or
2. To submit to public view the named areas with cover or less than one (1) layer of opaque covering.
(02-07, Added, 03/20/2002)
10-1-35 Loitering
A person is guilty of loitering when he:
1. Loiters, remains or wanders about in a public place for the purpose of begging; or
2. Loiters or remains in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia; or
3. Loiters or remains in a public place for the purpose of engaging or soliciting another person to engage in deviate sexual intercourse or other sexual behavior of a deviate nature; or
4. Loiters or remains in or about a school, not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same; or
5. Whenever a peace officer has reasonable suspicion that a person has violated a federal law, state law or town code provision, that person shall provide proof of identity upon request Proof of Identity shall be defined as that described in Arizona Revised Statute 28-1595(b) or its progeny; or
6. Loiters or remains in any transportation facility, unless specifically authorized to do so, for the purpose of soliciting or engaging in any business, trade or commercial transaction involving the sale of merchandise or services; or for the purpose of entertaining persons by singing, dancing or playing any musical instrument; or
7. Loiters or remains in any transportation facility, bus stop, etc., or is found sleeping therein, and is unable to give a satisfactory explanation of his presence; or
8. Loiters or remains in any place with one (1) or more persons for the purpose of lawfully using or possessing marijuana, or a narcotic or dangerous drug as defined in Arizona Revised Statute 13-3400 et. seq. or its progeny.
(02-07, Added, 03/20/2002)
10-1-36 Narcotics - Keeping Paraphernalia; Acting as Lookout
If any person shall keep or exhibit any box, pipe, cup, hypodermic needle, thing, or apparatus used for unlawfully smoking, eating, inhaling, injecting or consuming any substance defined as a narcotic by Arizona Revised Statute 13-3401, or if any person shall act as a lookout or tender at any place where such acts are practiced or carried on, s/he shall be guilty of a misdemeanor.
(02-07, Added, 03/20/2002)
10-1-37 Same - Seizure, Destruction of Paraphernalia
It shall be the duty of the police officers of the Town to seize and safely keep all cups, pipes, apparatus, boxes, hypodermic needles and things used for the purpose of unlawfully eating, smoking, inhaling, injecting or otherwise consuming any substance defined as a narcotic by Arizona Revised Statute 13-3401, and produce the same in court. Such articles shall be retained until the final disposition of any case in which they may be required as evidence, to be then destroyed by order of the court; but nothing herein contained shall prevent the destruction of such articles no longer required to be retained as evidence.
(02-07, Added, 03/20/2002)
10-1-38 Open Container in Public Prohibited
It is unlawful for any person to consume an alcoholic beverage in public, or to be in possession of any open container of an alcoholic beverage in public with a proper permit. For purposes of this Section, non-alcoholic beers are included within the definition of alcoholic beverages as they do contain minute traces of alcohol and to aid in the enforcement of this Section by avoiding the taking of samples of and analysis of every beverage. "In public" shall include the common areas of apartment complexes in its definition. A person located on their private balcony area of an apartment building is not considered to be "in public".
(02-07, Added, 03/20/2002)
10-1-39 Severability
Should any portion of any provision of the Oro Valley Town Code be found to be unconstitutional bya court of competent jurisdiction, that provision or portion of any provision shall be severable and not affect the validity of the remaining portions of the provision or other provisions.
(02-07, Added, 03/20/2002)
10-1-40 Methamphetamine
A. Definitions: for the purposes of this section, the following shall have the following meanings:
1. "Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine and Ephedrine" are drugs commonly used in decongestants and can be illegally processed to make Methamphetamine ("Meth") whether alone or in combination with other active ingredients.
2. "Proper Identification" shall mean a recognized government issued photo identification of a Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine purchaser, including but not limited to, a driver’s license, or passport.
B. Security of Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine, and Esphedrine Products: Any establishment that has products containing Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine, or Ephedrine for sale shall keep said products in an area that is inaccessible to the public to prevent the theft or uncontrolled sale of said products.
C. Quantity that May be Sold: Any establishment that has products containing Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine for sale shall sell no more than nine (9) grams of any product containing Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine to any individual within a thirty (30) day period. This section does not apply to Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine dispensed pursuant to a valid prescription.
D. Purchaser Identification Requirements: Any person purchasing a Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine product shall be required to present proper identification prior to being allowed to purchase such product.
E. Retail Establishment’s Right to Refuse sale: Any retail establishment may refuse to sell any Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine product to any person if the seller has reason to believe that the product will be used in the unlawful manufacture of Meth or other controlled substance. Facts that give rise to such a belief include but are not limited to a "suspicious transaction" as defined in ARS 13-3401; the attempted purchase of Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine products in excess of the amounts permitted by Arizona law; the attempt to purchase Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine in a series of transactions to circumvent the limitation on sales; or the attempt to purchase Pseudoephedrine, Norpseudoephedrine, Phenylpropanolanine or Ephedrine in conjunction with other products, such as red phosphorus or iodine known to be used in the manufacture of Meth. Any person who refuses to make a retail sale in accordance with this section is not liable to its customer or any other person for any loss or damage caused in whole or in part by the refusal to sell.
F. Penalty: Each violation of this Section shall subject the violator to a civil penalty of $1,000.
(05-45, Added, 11/16/2005)
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