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Any provision of law to the contrary notwithstanding, peddlers at or near the Tucson Rodeo Parade may be limited with respect to areas of operation, items for sale, or access to spectators by order of any police officer on duty at the Parade deemed necessary to preserve and protect the public safety. It shall be unlawful for any person to disobey any such order by any such officer.
(Ord. No. 6641, § 1, 2-9-87)
Sec. 11-70.1(1). Operating Motor Vehicle off the Roadway within One-Fourth Mile of a Structure Prohibited. It is a civil infraction for any person to operate a motor vehicle off the roadway within one-fourth mile of any structure, occupied or not, within the city. It is not a defense that the operator of the motor vehicle did not know he was operating within one-fourth mile of a structure.
Sec. 11-70.1(2). Definitions.
(a) Motor vehicle means any vehicle as defined under Arizona state law, or any vehicle, whether required to be licensed or not, propelled wholly or in party by a motor.
(b) Operate means driving or controlling a vehicle whether moving, running or not.
(c) Roadway means any dedicated street or alley or any road or parking lot generally open to the public for purposes of vehicular travel. For purposes of this section, "roadway" shall include any private driveway or private property utilized by the property owner or any invitee or licensee thereof for any purpose other than access to or entry onto a dry wash or riverbed.
(d) Structure means any building used or capable of being used for any residential, commercial, agricultural or governmental purpose.
(e) Dry wash or riverbed is defined as a watercourse having beds, banks, sides and channels through which either waters currently flow, at least periodically, or through which waters flowed but no longer flow.
Sec. 11-70.1(3). Exceptions. The provisions of this section shall not apply:
(a) When the person is the owner of the property or has the written permission to operate a motor vehicle off the roadway on the property except that permission cannot be granted to drive a motor vehicle in a dry wash or riverbed within one-fourth mile of a structure. The written permission must be in the person's possession and must be shown upon demand to the law enforcement officer and the permission shall contain the notarized signature of the person legally entitled to possession of said property.
(b) When the person is operating an authorized emergency vehicle including towing services.
(c) When the person is operating a motor vehicle actually used in the process of farming or ranching.
(d) When the person is operating a motor vehicle owned by a business or enterprise licensed by the city and used in the legitimate off-road operations of the business or enterprise, such as sand and gravel operations, land surveying operations, construction companies, utility companies, and other similar enterprises.
(e) When the person is a governmental employee operating a vehicle while on government business.
(f) When the person is operating a golf cart on a golf course.
Sec. 11-70.1(4). Impoundment of the Vehicle, Hearing Procedures. The citing authority shall impound or cause to be impounded any motor vehicle operated in violation of this section and issue a civil citation giving notice that there shall be a hearing within forty-eight (48) hours excluding weekends and holidays before a hearing officer. The hearing officer shall determine the responsibility of the operator and the release of the vehicle pursuant to the following procedures:
(a) The defendant shall admit or deny the allegations of the citation. If the defendant admits the allegations, the hearing officer shall immediately enter judgment against the defendant. If the defendant denies the allegations, the hearing officer shall hold the hearing immediately. If the defendant fails to appear as directed on the citation, the hearing officer shall enter a default judgment against the defendant and order the police department to continue to hold the impounded vehicle and dispose of the vehicle pursuant to sections 20-13 and 20-14 of this Code.
(b) Immediately after the hearing, if the hearing officer determines the existence of a violation, the hearing officer shall enter judgment in favor of the plaintiff and penalties shall be assessed pursuant to this section. Otherwise, judgment shall be entered in favor of the defendant.
(c) If a continuance is granted to the defendant for good cause, the impounded vehicle may be released upon the posting of a cash bond covering the cost of the towing, impoundment and potential fine. If a continuance is granted to the city for good cause, the impounded vehicle shall be released forthwith without the necessity of a bond.
(d) If a case is continued, the hearing officer shall set the hearing within thirty (30) days.
(e) If judgment is entered in favor of the defendant the impounded vehicle shall be released forthwith to the operator or owner of the impounded vehicle without any towing or impoundment cost and any bond posted shall be returned to the person posting the bond.
(f) In the event of a conflict between the provisions of this section and the provisions of chapter 8 of this Code, the provisions of this section shall control.
Sec. 11-70.1(5). Penalties, Return of Impounded Vehicle.
(a) If judgment is entered against the defendant, the hearing officer shall impose a fine for a first offense of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) per violation. For a second offense, the hearing officer shall impose a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) per violation. The imposition of any fine under this section shall not be suspended. If there is a bond posted, the bond shall be forfeited except when posted by a person other than the defendant.
When the bond is posted by someone other than the defendant, the bond shall be held for ten (10) days, unless the penalties are paid earlier. Notice shall be sent to the person posting the bond informing the person that the bond will be forfeited unless the penalties are paid within ten (10) days from the date judgment was entered. If after notice has been sent to the poster of the bond and the penalties are not paid within the prescribed 10-day period, the hearing officer shall order the bond to be forfeited.
(b) The hearing officer shall order the release of the impounded vehicle to the operator or owner upon payment of the fine, towing and impoundment fees.
(Ord. No. 6675, § 1, 3-23-87; Ord. No. 8958, § 3, 9-22-97)
Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.
(Ord. No. 10494, § 2, 1-15-08)
ARTICLE II.
METHAMPHETAMINE; SYNTHETIC CANNABINOIDS*
METHAMPHETAMINE; SYNTHETIC CANNABINOIDS*
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* Editors Note: Prior to reenactment by Ord. No. 10211, § 1, adopted Oct. 18, 2005, effective Nov. 1, 2005, Ord. No. 9816, § 6, adopted Feb. 24, 2003, repealed former Art. II, §§ 11-71--11-84, and enacted similar provisions set out in new § 16-31. Former Art. II pertained to noise and derived from Ord. No. 5890, § 1, adopted Oct. 11, 1983; Ord. No. 6043, § 21, June 25, 1984; Ord. No. 8956, § 1, adopted Nov. 3, 1997; Ord. No. 9394, §§ 1--3, adopted June 5, 2000. See the Code Comparative Table.
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(a) Definitions. For the purposes of this article, the following definitions apply:
(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 at retail.
(3) Permittee means any person who holds or is required to hold a license or permit to sell drugs at retail pursuant to Title 32, Chapter 18 of the Arizona Revised Statutes.
(b) The operator and the permittee of a retail establishment shall keep all pseudoephedrine products behind a store counter or otherwise in a manner that is inaccessible to customers without the assistance of the operator or an employee of the establishment.
(c) A violation of this section is a class 1 misdemeanor.
(d) Any pseudoephedrine products found to be displayed in a retail establishment in violation of subsection (b) constitute a nuisance and are subject to seizure and disposal by the city in the manner provided in subsection (e) of this section.
(e) Products subject to seizure under this section may be seized by a peace officer under the authority of a search warrant or upon probable cause to believe that the products are subject to seizure pursuant to subsection (d). Before removing any products subject to seizure from the retail establishment, the peace officer shall give the operator or permittee of the establishment a reasonable opportunity to remove the products from the area of the establishment accessible to the public, unless the operator or permittee has been afforded this opportunity on a previous occasion within the preceding twelve (12) months.
(f) At the time of seizing any products under this section, the peace officer shall deliver a notice of intent to dispose of the seized products. This notice shall include the date and location of the seizure, an inventory of the items seized, a description of how a post-seizure hearing may be requested, the time limit for requesting that hearing, and a warning that failure to request the hearing in a timely manner will result in the disposal and destruction of the seized property. The notice required under this subsection shall be served on the operator or permittee of the retail establishment present at the time of the seizure, or if that person cannot be identified at the time of the seizure, on any employee of the establishment.
(g) A person receiving a notice of intent to dispose under this section may request a post-seizure hearing to determine the validity of the seizure within fifteen (15) days of receiving the notice. The court shall conduct the hearing within ten (10) days of the court's receipt of the request, excluding weekends and holidays. Failure to request the hearing in a timely manner, or failure to attend a scheduled hearing, constitutes a waiver of the right to challenge the validity of the seizure. At the hearing, the city shall have the burden of establishing by a preponderance of the evidence that the property was subject to seizure pursuant to subsections (b) and (d) of this section. At the hearing, the court may admit any reliable and relevant evidence. If the court finds that the products were not subject to seizure, it shall order the immediate return of all seized items. If the court finds that the products were properly seized pursuant to this section, the court shall order that the products are forfeited to the city, and shall direct the city to destroy and dispose of the products.
(h) The requirements of this section are in addition to any requirements under state and federal law.
(Ord. No. 10211, § 1, 10-18-05)
Any operator, permittee, or employee of a retail establishment may refuse to sell any pseudoephedrine product to any person if the operator, permittee or employee has reason to believe that the product will be used in the unlawful manufacture of methamphetamine or other controlled substance. Facts that give rise to the reason to believe that the product will be used unlawfully include but are not limited to a "suspicious transaction" as defined in Section 13-3401 of the Arizona Revised Statutes; the attempted purchase of pseudoephedrine products in excess of the amounts permitted by Arizona law; the attempt to purchase pseudoephedrine products in a series of transactions in an effort to circumvent the limitations on sales; or the attempt to purchase pseudoephedrine products in conjunction with other products, such as red phosphorous or iodine, that are known to be used in manufacturing methamphetamine. 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.
(Ord. No. 10211, § 1, 10-18-05)
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