Chapter 9.05 GENERAL OFFENSES

It is unlawful for any person to maintain or allow any signs, billboards, awnings or 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 § 11-1-1)

9.05.020 Damage to property.

A. It is unlawful for any person to damage in any manner or attempt to damage or tamper with any pipelines, water hydrants, street lamps or lights, or the fixtures and appliances thereunto belonging, upon any of the poles or other objects for use in connection with the lighting of the streets of the town or any water pipes, hydrants or any appliances pertaining to the water or sewer works or any other property of any and every character belonging to the town.

B. It is unlawful for any person to willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property of any kind or nature belonging to the town or its departments or to any private person without the consent of the owner or proper authority.

C. It is unlawful for any person to deface, walk, ride or drive upon or over any sidewalk or street crossing composed of or containing cement, during the construction thereof, or before the same is thrown open to public use.

D. It is unlawful for any person, firm or corporation to damage in any manner any road, street or bridge in the town limits by using the same, by heavy vehicles, malicious destruction or by any act that will result in damage to said road, streets or bridges.

E. It is unlawful to break or destroy any window, door or part of any dwelling owned or occupied by another or to break or sever from any premises owned or occupied by another any gate, fence, railing, tree, brush or vine or any property whatsoever, or to deface, mutilate or injure the same. (Prior code § 11-1-2)

9.05.030 Deposits of injurious material on thoroughfares.

It is unlawful for any person, either willfully and maliciously or carelessly and negligently, to drop, throw, place or scatter upon any street, alley, sidewalk or public place in the town any nails, tacks, broken glass, glass bottles or any instrument or thing whatsoever of such nature as to be capable of injuring persons or property. (Prior code § 11-1-3)

9.05.040 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 substantial curbing, covering or protection. (Prior code § 11-1-4)

9.05.050 Fireworks.

A. Definitions. The following words, terms and phrases, when used in this section, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

1. “Consumer firework” means those fireworks defined by ARS Section 36-1601.

2. “Display firework” means those fireworks defined by ARS 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, and display firework as defined by ARS Section 36-1601.

4. “NFPA 1124” means the National Fire Protection Association Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles as defined by ARS Section 36-1601.

5. “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 ARS Section 36-1601.

6. “Permissible consumer fireworks” means consumer fireworks defined by ARS Section 36-1601 that may be sold within the town.

7. “Supervised public display” means a monitored performance of display fireworks open to the public and authorized by permit by the police or fire chief or his designee.

B. Prohibitions – Exceptions. The use, discharge or ignition of fireworks within the town is prohibited on all public property including, but not limited to, public buildings, parking lots, public parks, public schools, streets, and public rights-of-way, except as authorized below.

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

2. Permits may be granted by the police or fire chief 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 police or fire chief has authority to impose conditions on any permits granted.

3. Failure to comply with any permit requirements issued by the police or fire chief or designee is a civil offense for each violation, subject to a $1,000 fine.

C. Limited Use of Permissible Consumer Fireworks. The use, discharge, or ignition of permissible consumer fireworks within the town may be used from June 24th through July 6th and December 24th through January 3rd of each year, except when a federal or state agency implements a stage one or higher restriction on these dates.

D. 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, this code, or NFPA 1124.

3. No person shall sell or permit or authorize the sale of permissible consumer fireworks, except from May 20th through July 6th and December 10th through January 3rd of each year. The sale of permissible consumer fireworks shall be prohibited from May 20th through July 6th and December 10th through January 3rd when a federal or state agency implements a stage one or higher restriction during these dates.

E. 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:

State of Arizona

Consumer Fireworks Regulations

Arizona Revised Statutes § 36-1601, et al.

The use of permissible consumer fireworks as defined under state law is allowed:

June 24 – July 6 and December 24 – January 3

The sale of permissible consumer fireworks as defined under state law is allowed:

May 20 – July 6 and December 10 – January 3

All other fireworks are prohibited, except as authorized by local fire department permit.

The sale and use of novelties known as snappers (pop-its), party poppers, glow worms, snakes, toy smoke devices and sparklers are permitted at all times.

Permissible consumer fireworks may not be sold to persons under sixteen years of age.

Check with your local fire department for additional regulations and dates before using.

2. Signs required under this section may be placed at any retail sales display of permissible consumer fireworks.

3. The sign shall be eight and one-half inches by 11 inches in size, on cardstock paper, in landscape orientation, and displayed on a contrasting background. A model sign shall be posted on town’s website and filed with the clerk’s office.

4. Failure to comply with subsections (E)(1), (2) and (3) of this section is a civil offense punishable by fine of $1,000.

F. Authority to Enforce Violations of This Section – Means of Enforcement.

1. The police or fire chief or designee, a town police officer or the town attorney may issue civil complaints to enforce violations of this section designated as civil offenses.

2. Any person authorized pursuant to this section 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 complaint.

G. 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 section.

2. The expenses of an emergency response are a charge against the person liable for those expenses pursuant to subsection (G)(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 person’s liability for the expense of an emergency response shall not exceed $20,000 for a single incident. The liability imposed under this subsection is in addition to and not in limitation of any other liability that may be imposed.

3. For purposes of this subsection G:

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.

H. Remedies. The remedies in this section are cumulative and nonexclusive. In the event a defendant fails to comply with any civil enforcement action commenced under this section, the town may file a criminal charge against the defendant for violation of this section, pursuant to Section 1.05.110. The town attorney may also elect to file for injunctive relief, or pursue such other relief as may be available. (Ord. 18-10 §§ 1, 2, 2018; prior code § 11-1-5)

9.05.060 Fences – Barbed wire and electric.

A. It is unlawful for any person to erect or maintain within the town any electric fence or any fence constructed in whole or in part of barbed wire. Any such fence is hereby declared a public nuisance and subject to abatement by order of the town court.

B. Notwithstanding the provisions of subsection A of this section, three strand barbed wire may be placed on top of a fence six feet in height or higher. Concertina wire shall not be allowed on such fences. (Prior code § 11-1-6)

9.05.070 Littering.

It is unlawful for any person to throw or deposit any litter in or upon any street, alley, public grounds, school grounds, church grounds or other property of the town or upon any private property not owned by him or upon the surface of any body of water within the town. (Prior code § 11-1-7)

9.05.080 Loitering.

It is unlawful for any person, other than the owner, manager or his authorized representative, to interfere individually or collectively with free enjoyment of such property by the owners thereof or interfere with the conduct of any lawful business by obstructing entrance to such business or by obstructing free passage of persons, merchandise or commodities within such place of business, or by obstructing service rendered by such business to its customers. (Prior code § 11-1-8)

9.05.090 Minors.

It is unlawful for any child under the age of 18 years to idle or loiter upon the streets or public places of the town between the hours of 10:00 p.m. to 6:00 a.m. unless such child is accompanied by a parent, guardian or some person of lawful age having legal custody of such child. It is unlawful for any parent, guardian or other adult person having the care and custody of such minor to encourage or allow such minor to idle or loiter upon the streets or public places between such hours unless accompanied by such parent or guardian. The provisions of this section shall not apply when the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor. (Prior code § 11-1-9)

9.05.100 Noise ordinance – Reasonable person standard.

A. “Noise Ordinance: Reasonable Person Standard,” a public record of the town, three copies of which are on file in the office of the town clerk, is hereby approved and adopted.

B. Criminal Penalty. As provided in the code, Section 1.05.110, any person found guilty of violating any provision of the code, including this section, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed $1,000 or by imprisonment for a period of not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described.

C. Civil Penalty. Upon conviction any person who violates any provision of this section thereof may be punished and subject to a civil penalty, not exceeding $500.00. Each and every day any such violation continues shall be deemed and considered a separate offense.

D. Any owner, responsible party or other person having control over a structure or parcel of land who causes, permits, allows, facilitates or aids or abets any violations of any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 1.05.110.

E. Any owner, responsible party or other person having control over a construction project, business, or event who causes, permits, allows, facilitates or aids or abets any violations of any provision of this section, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 1.05.110.

F. A violation of this section is hereby declared to be a public nuisance. In the event of a continuing violation of this section, the town attorney is hereby authorized to pursue a request for injunctive relief in a court of competent jurisdiction. In the event that an injunction is issued pursuant to this subsection, the court may also award reasonable attorney’s fees in favor of the town.

G. The remedies herein are cumulative and nonexclusive. In the event a defendant fails to comply with any civil enforcement action commenced under this section, the town may file a criminal charge against the defendant. Notwithstanding the foregoing, a civil enforcement action shall not be a prerequisite to the filing of a criminal charge, and a police officer, town attorney, or other authorized town employee may elect to file criminal charges at any time, request injunctive relief, or pursue such other relief as may be available. Use of the civil infraction alternative is not mandatory and shall be at the discretion of the town official undertaking enforcement action on an alleged violation of this section.

H. A prosecution which is pending on the effective date of the ordinance codified in this section and which arose from a violation of an ordinance repealed by the ordinance codified in this section, or a prosecution which is started within one year after the effective date of the ordinance codified in this section arising from a violation of an ordinance repealed by the ordinance codified in this section, shall be tried and determined exactly as if the ordinance had not been repealed. (Ord. 18-05 §§ 2 – 9, 2018; prior code § 11-1-10)

9.05.110 Obstruction of streets.

It is unlawful for any person to obstruct any public street, alley, sidewalk, park or other public grounds within the town by committing any act of, or doing anything which is injurious to the health, or indecent or offensive to the senses, or to do in or upon any such streets, alleys, sidewalks, parks or other public grounds, any act or thing which is an obstruction or interference to the free use of property or with any business lawfully conducted by anyone, in or upon, facing or fronting on any of such streets, alleys, sidewalks, parks or other public grounds in the town. (Prior code § 11-1-11)

9.05.120 Obstruction of view.

It is unlawful for any person to maintain or allow any tree, hedge, billboard or other obstruction which prevents 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 § 11-1-12)

9.05.130 Offensive business.

It is unlawful for any person to establish or maintain any slaughter house 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. (Prior code § 11-1-13)

9.05.140 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. (Prior code § 11-1-14)

9.05.150 Reserved.

(Ord. 18-27 § 1, 2018; prior code § 11-1-15)

9.05.160 Prostitution.

It is unlawful for any person to practice prostitution or to solicit any person to visit or patronize a prostitute or place of prostitution. (Prior code § 11-1-16)

9.05.170 Register to be kept by secondhand dealers.

Every pawnbroker, secondhand dealer, junk dealer or junk collector within the town shall keep a well-bound book at his place of business, in which book a complete record of all transactions had by him shall be entered in the English language in a clear and legible manner at the time the transaction takes place. Such book shall contain a description of the items bought or sold, the name of the person buying or selling the item, and the date and time such transaction took place. Such book shall be available at all times for inspection by the chief of police or any police officer designated by the chief of police. (Prior code § 11-1-17)

9.05.180 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 unless permission is obtained from the council. The provisions of this section shall not apply to emergency searchlights or beacons operated pursuant to public authority. (Prior code § 11-1-18)

9.05.190 Signs and banners.

It is unlawful for any person to place any banner or sign upon any street light pole, traffic signal pole or utility pole within the town without first obtaining authorization from the council. (Prior code § 11-1-19)

9.05.200 Spitting.

It is unlawful for any person to spit upon any of the public sidewalks or crosswalks in the town or upon any public path, byway or highway or in or on any public ground or park in the town or upon the floor or interior of any public building in the town. (Prior code § 11-1-20)

9.05.210 Sweepings prohibited on sidewalk.

It is unlawful for any person to sweep, scrub or flush the dust, dirt, accumulations, refuse or deposits from any building onto or upon any public sidewalk in the town unless such dust, dirt, accumulations, refuse or deposits are gathered up at the time of sweeping and deposited into some suitable receptacle. (Prior code § 11-1-21)

9.05.220 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 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. (Prior code § 11-1-22)

9.05.230 Possession and destruction of drug paraphernalia.

A. It shall be unlawful for any person to keep or exhibit any kit, testing equipment, scales, diluents, separation gins, spoons, bowls, capsules, envelopes, containers, hypodermic syringes, or objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing into the human body any substance defined as a drug in ARS Section 13-3415, or any subsequent amendments thereto.

B. It shall be unlawful for any person to act as a lookout or tender at any place where the acts as set forth in subsection A of this section are practiced or carried on.

C. A violation of subsection A or B of this section shall constitute a class one misdemeanor.

D. It shall be the duty of all police officers of the town to seize and safely keep all kits, testing equipment, scales, diluents, separation gins, spoons, bowls, capsules, envelopes, containers, hypodermic syringes, or objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing into the human body any substance defined as a drug in ARS Section 13-3415, or any subsequent amendments thereto, and to produce the same in court. Said articles shall be retained until a final disposition of any case in which they may be required as evidence, to be then destroyed by order of the court. Nothing herein contained shall prevent the destruction of such articles at any time when the magistrate may deem such articles no longer required to be retained as evidence, or when they may be otherwise destroyed pursuant to any applicable Arizona Revised Statute.

E. This section and the various subsections hereof are hereby declared to be severable. Should any subsection or regulation of this section be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this section as a whole, or any portion thereof other than the subsection or regulation so declared to be unconstitutional or invalid. (Ord. 01-015 § 8, 2001; Ord. 90-08, 1990; prior code § 11-1-27)

9.05.240 Permitting or encouraging underage drinking.

A. No person of legal drinking age in Arizona may knowingly permit or fail to take reasonable action to prevent the illegal consumption of spirituous liquor by an underage person on premises owned by the person or under the person’s control. This section does not apply to spirituous liquor used exclusively as part of a religious service.

B. Spirituous liquor has the same meaning as in Title 4, Chapter 1, of the Arizona Revised Statutes. (Ord. 16-20 § 1, 2016)