Chapter 9.08
OFFENSES GENERALLY

Sections:

9.08.010    Nuisances

9.08.020    Noise

9.08.030    Police Officer Hold on Property

9.08.040    Prohibited Use of Public Right-of-Way

9.08.050    Offensive Businesses or Occupations

9.08.060    Abandoned Refrigerators

9.08.070    Curfew for Minors

9.08.080    Spitting

9.08.090    Leasing Premises to Be Used for Prostitution

9.08.105    Prohibited Purchase, Possession or Sale of "Silly String"

9.08.106    Prohibited Purchase, Possession or Sale of "Poppers"

9.08.115    Regulations Relating to Sale, Manner of Sale, Reporting and Penalties Relating to Products Containing Pseudoephedrine

9.08.116    Intoxicating Beverages

9.08.117    Identification to Be Provided at Request of a Peace Officer

9.08.010 Nuisances

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 obstructs the free use of property, 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 watercourse, public place, street, sidewalk or alley in the City is a public nuisance and subject to summary abatement. Violation of this section is a Class 3 misdemeanor. (Ord. 1224 (part), 2014: Ord. 658 § 1 Exh. A (part), 1994; prior code § 17-23)

9.08.020 Noise

A.    The creation of any unreasonably loud, disturbing and unnecessary noise in the City is prohibited. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual is prohibited. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive:

1.    Blowing Horns. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle, while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound, and the sounding of such device for an unnecessary and unreasonable period of time.

2.    Music. The playing of any music or other sounds by any electronic device in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence or City park.

3.    Animals. The keeping of any animal which by causing frequent or long continued noise shall disturb the comfort and repose of a person or persons in the vicinity.

4.    Use of Vehicles. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.

5.    Exhaust Discharge. The discharging into the open air of the exhaust of any internal combustion engine or motor vehicle engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

6.    Noises Near Schools, Hospitals and Churches. The creation of any excessive noise on any street adjacent to any church, school, institution of learning or court while the same are in session, or adjacent to any hospital, which unreasonably interferes with the workings of such institutions; provided, that conspicuous signs are displayed in such streets indicating that the same is a church, school, hospital or court street.

7.    Noises to Attract Attention. The use of any drum, pan, pail, bell, horn, trumpet, loudspeaker or other instrument or device for the purpose of attracting attention or intended to attract attention to any performance, show, sale and display of merchandise, except upon written permit first obtained from the Chief of Police; provided, however, any person who has purchased and holds a valid license to engage in the business of advertising or related business may use a loudspeaker in connection with his business activities; provided, further, in all instances where a loudspeaker or other device referred to in this subsection is legally used, the volume of noise emanating or made by such loudspeaker or device shall be expressly subject to regulation and control by the Chief of Police.

B.    Violation of this section shall constitute a Class 3 misdemeanor. (Ord. 1224 (part), 2014: Ord. 658 § 1 Exh. A (part), 1994; prior code § 17-22)

9.08.030 Police Officer Hold on Property

A.    Whenever any peace officer has probable cause to believe that property in the possession of a pawnbroker, secondhand dealer, scrap metal dealer or auction house is stolen, the peace officer may place a hold on the property for a period not to exceed ninety (90) days. The hold shall be effective immediately upon oral or written notice. If the hold is placed orally, it shall be followed by a written notice mailed to the pawnbroker, secondhand dealer, scrap metal dealer or auction house within two (2) days, excluding weekends and City holidays. The written notice of hold shall accurately describe the property, providing the item’s brand name and serial number, if applicable. During the hold period the pawnbroker, secondhand dealer, scrap metal dealer or auction house shall not release or dispose of the property, except pursuant to a court order or upon receipt of a written authorization signed by any peace officer who is a member of the law enforcement agency of which the peace officer placing the hold on the property is a member. At the time of receipt of the written hold, the pawnbroker, secondhand dealer, scrap metal dealer or auction house shall tag and mark the item placed on hold with the following information: date and time of hold, name of law enforcement agency placing the hold, and law enforcement report number. A pawnbroker, secondhand dealer, scrap metal dealer or auction house shall not be subject to civil liability for compliance with this section.

B.    Whenever property that is in the possession of a pawnbroker, secondhand dealer, scrap metal dealer or auction house is subject to a hold and the property is required by a peace officer in a criminal investigation, the pawnbroker, secondhand dealer, scrap metal dealer, or auction house, upon reasonable notice, shall produce the property at reasonable times and places or may deliver the property to any peace officer upon the request of any peace officer who is a member of the law enforcement agency or which the peace officer placing the hold on property is a member.

C.    Whenever property that is in the possession of a pawnbroker, secondhand dealer, scrap metal dealer, or auction house is subject to a hold and the property is no longer required for the purpose of criminal investigation, the law enforcement agency that placed the hold on the property shall undertake the following:

1.    With respect to the property being held, if the law enforcement agency no longer has probable cause to believe that the property on hold is stolen, the hold shall be released.

2.    If the law enforcement agency has knowledge that the property has been reported stolen, the law enforcement agency shall give written notification to the person who reported the stolen property of the name and address of the pawnbroker, secondhand dealer, scrap metal dealer or auction house holding the property, authorize the release of the property to that person, and advise the person that the law neither requires nor prohibits payment of a fee or any other condition in return for the surrender of the property. A copy of the notice with the address of the claimant deleted shall be mailed to the pawnbroker, secondhand dealer, scrap metal dealer or auction house who is in possession of the property. The person who reported the stolen property shall present a police hold release to the pawnbroker, secondhand dealer, scrap metal dealer or auction house prior to the person receiving the item. Notwithstanding the foregoing, if the alleged owner does not choose to participate in the prosecution of an identified alleged thief, the alleged owner shall pay the pawnbroker, secondhand dealer, scrap metal dealer or auction house the "out-of-pocket" expenses paid in the acquisition of the allegedly stolen property in return for the surrender of the property. If no action is taken to recover the property by the person who reported the property stolen within sixty (60) days after the date that the notice was mailed, or if the property was not placed on hold sixty (60) days after a law enforcement officer advised the pawnbroker, secondhand dealer, scrap metal dealer or auction house that the property may be stolen property, the pawnbroker, secondhand dealer, scrap metal dealer or auction house in possession of the property may treat the property as regularly acquired in the due course of business.

3.    If a pledger seeks to redeem property that is subject to a hold, the pawnbroker, secondhand dealer, scrap metal dealer or auction house shall advise the pledger of the name and badge number of the peace officer who placed the hold on the property and the name of the law enforcement agency of which the officer is a member. If the property is not required to be held pursuant to a criminal prosecution, the hold shall be released.

D.    Whenever any property is taken from a pawnbroker, secondhand dealer, scrap metal dealer or auction house by a peace officer which is alleged to be stolen property, the police officer shall give the pawnbroker, secondhand dealer, scrap metal dealer or auction house a receipt for the property which shall contain an accurate description of the property, including brand name and serial number, if any, the reason for seizure, and the names of the pawnbroker, secondhand dealer, scrap metal dealer or auction house, and the officer. (Ord. 1224 (part), 2014: Ord. 660, 1994: prior code § 17-38)

9.08.040 Prohibited Use of Public Right-of-Way

It is unlawful and punishable as a Class 2 misdemeanor 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, for lying, sleeping or otherwise remaining in a sitting position thereon, except in the case of a physical emergency, the administration of medical assistance, or at a time where the public street, highway, alley, lane, parkway, sidewalk or other right-of-way is being used as part of a recognized public activity or pursuant to specific license granted by the street superintendent. (Ord. 1224 (part), 2014: prior code § 17-35)

9.08.050 Offensive Businesses or Occupations

Any person who establishes or maintains any slaughterhouse or makes a practice of slaughtering cattle, hogs, sheep or any kind of animals, or establishes or maintains any soap factory, renders tallow or pursues, maintains or carries on any other business or occupation offensive to the senses or prejudicial to the public health in the City, is guilty of a Class 2 misdemeanor. (Ord. 1224 (part), 2014: Ord. 658 § 1 Exh. A (part), 1994; prior code § 17-25)

9.08.060 Abandoned Refrigerators

It is unlawful for any person to leave outside any building or dwelling in a place accessible to children any abandoned, unattended or discarded refrigerator, icebox or any other container of any kind which has an airtight door or lock which may not be released for opening from the inside thereof without first removing the door or lock from such refrigerator, icebox or container. (Ord. 1224 (part), 2014: prior code § 17-1)

9.08.070 Curfew for Minors

A.    It is unlawful for any child under the age of twelve (12) years to be upon the streets or sidewalks of the City between the hours of nine p.m. and six a.m., or for any child between the ages of twelve (12) years and fifteen (15) years to be upon the streets or sidewalks of the City between the hours of ten p.m. and six a.m., or for any child between the ages of sixteen (16) years and seventeen (17) years to be upon the streets or sidewalks of the City between the hours of eleven p.m. and six a.m., unless accompanied by a parent, guardian or some responsible person over the age of twenty-one (21) years or by a member of his family eighteen (18) years or older or unless he has a legitimate excuse therefor.

B.    It is also unlawful for any parent or guardian of any child under the age of twelve (12) years to allow such child to be upon the streets or sidewalks of the City between the hours of nine p.m. and six a.m., or for any parent or guardian of any child between the ages of twelve (12) years and fifteen (15) years to allow such child to be upon the streets or sidewalks of the City between the hours of ten p.m. and six a.m., or for any parent or guardian of any child between the ages of sixteen (16) years and seventeen (17) years to allow such child to be upon the streets or sidewalks of the City between the hours of eleven p.m. and six a.m., unless accompanied by his parent, guardian or some responsible person over the age of twenty-one (21) years or by a member of his family eighteen (18) years or older or unless such child has a legitimate excuse therefor. All times referred to herein are local time.

C.    Officers of the Police Department may take into custody any child under the age of eighteen (18) years found upon the streets or sidewalks of the City after the hours as specified in subsection A of this section and shall immediately notify the parent or guardian of such child thereof and may continue to hold such child in custody until such parent or guardian appears.

D.    The officers of the Police Department shall execute, either on their own initiative or upon the complaint of any reputable citizen, proper charges and warrants of arrest, and may arrest and bring before the Municipal Court Judge any person who violates the provisions of subsection B of this section. (Ord. 1224 (part), 2014: prior code § 17-2) (769, Amended, 05/07/1998)

9.08.080 Spitting

Any person who shall spit or expectorate upon the floor of any public building, sidewalk, walk or upon the floor of any building resorted to for public worship, entertainment or amusement, is guilty of a Class 3 misdemeanor. (Ord. 1224 (part), 2014: Ord. 658 § 1 Exh. A (part), 1994: prior code § 17-29)

9.08.090 Leasing Premises to Be Used for Prostitution

It is unlawful for the owner or person having charge or control of any house, building, apartment, room or premises, to rent or lease any such house, building, apartment, room or premises to any person to be used as a place of prostitution or knowingly to suffer or permit any such house, building, apartment, room or premises to be used for prostitution. (Ord. 1224 (part), 2014: prior code § 17-46)

9.08.105 Prohibited Purchase, Possession or Sale of "Silly String"

It is unlawful for any person to purchase, possess or sell "silly string" or any other similar product which is contained in a pressurized container and which is emitted under pressure in the form of a string while attending, viewing or participating in the Winslow Christmas Parade or any other City-approved parade in the City. Conduct in violation of this section shall constitute a Class 3 misdemeanor. (Ord. 1224 (part), 2014)

(Manual, Amended, 05/27/1999; Manual, Added, 05/27/1999)

9.08.106 Prohibited Purchase, Possession or Sale of "Poppers"

It is unlawful for any person to purchase, possess or sell "poppers" or any similar product which, when thrown at a hard object, causes an explosive bang, while attending, viewing or participating in the Winslow Christmas Parade or any other City-approved parade in the City. Conduct in violation of this section shall constitute a Class 3 misdemeanor. (Ord. 1224 (part), 2014)

(Manual, Added, 05/27/1999)

9.08.115 Regulations Relating to Sale, Manner of Sale, Reporting and Penalties Relating to Products Containing Pseudoephedrine

A.    Definitions. In this chapter, unless the context otherwise requires:

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

2.    "Retail establishment" means any place of business that offers any pseudoephedrine product for sale.

B.    The operator of a retail establishment shall keep all products containing pseudoephedrine behind a store counter or otherwise in a manner that is inaccessible to customers without the assistance of the owner, manager or a designated employee of the establishment.

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

D.    No owner, manager or employee of a retail establishment shall sell more than one (1) container of pseudoephedrine product at any one (1) time to any one (1) purchaser.

E.    The information required to be obtained by subsection C of this section will be retained by the retail establishment for a period of one (1) year, and will be considered a confidential document that will only be available to the owner, manager or other designated employee of the retail establishment, and shall be provided within thirty (30) days of any individual purchase to the Winslow Police Department.

F.    A violation of any of the provisions of this section is a Class 1 misdemeanor. (Ord. 1224 (part), 2014: Ord. 993, 2006)

9.08.116 Intoxicating Beverages

No person shall have in their possession or consume spirituous liquor of any kind on City-owned or City-leased property, facilities, alleyways, culverts or drainage ditches, except for special events approved by the City. A violation of this section is a Class 1 misdemeanor. (Ord. 1349 § 1, 2020: Ord. 1307 § 1, 2018)

9.08.117 Identification to Be Provided at Request of a Peace Officer

It is unlawful for a person, after being advised that the person’s refusal to answer is unlawful, to fail or refuse to provide either identification or evidence of identity on request of a peace officer who has lawfully detained the person based on reasonable suspicion to believe that the person has committed a violation of an ordinance of the City or any law of the State of Arizona or the United States.

A.    "Identification" means any legally government-issued document that contains a photograph, date of birth and physical description, including but not limited to height, weight, eye color, sex and hair color of the person presenting the identification.(Ocean Shores 7-05)

B.    "Evidence of identity" means that the person has provided the peace officer with their true full name and date of birth upon request. (Ord. 1344 § 1, 2019)