In addition to the powers provided by chapter IV of this Charter, the mayor and council shall have power:
(1) Meetings; attendance of witnesses and production of papers; punishment for contempt. To fix the time and place of their meetings; to provide for the manner of giving notice, of special meetings; to compel the attendance before them to witnesses and the production of papers in any matter under investigation; to judge of the qualification and election of their own members; and to punish any member or other city officer by a fine of not exceeding fifty dollars ($50.00), for disorderly or contemptuous behavior in their presence.
(2) Passage of ordinances. To make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States. or to the Constitution and laws of the State of Arizona, or to the provisions of this Charter, necessary for municipal government and the management of the affairs of the city, for the execution of the powers vested in the city, for carrying into effect the provisions of this Charter.
(3) Levy and collection of taxes; claims and demands against the city. To levy and collect taxes and assessments for city purposes on all property within the city which is by law taxable for such purposes, subject, however, to subsection (15) of section 1 of chapter IV of this Charter; to pass upon all claims and demands against, and control any and all expenditures of the city, subject to the provisions of this Charter.
(4) Street lighting. To provide for the lighting of the streets and public buildings and places of the city, and to regulate such lighting.
(5) Regulation and removal of poles and wires. To cause the removal and placing underground of all telephone, telegraph, electric light or other wires within the city, or within and [any] designated portion thereof, and to regulate and prohibit the placing of poles and the suspending of wires along or across any of the streets, alleys and public places of the city.
(6) Regulation, etc., of construction of billboards and signs. To regulate, license or prohibit the construction and use of billboards and signs within the city.
(7) Licensing and regulation of animals. To license and regulate the keeping of animals and fowl and to prevent the same from running at large, and to authorize the destruction thereof.
(8) Establishment of animal pounds sale and destruction of certain animals. To establish pounds and pound districts which shall be under the supervision of a poundmaster, and restrain the running at large of poultry, horses, mules, cattle, swine, sheep, and other animals, and to authorize the destruction or sale of the same.
(9) Markets and market houses. To establish, license and regulate markets and market houses.
(10) Inspection of meats and other foods, destruction, etc., of unsound foodstuffs. To provide for and regulate the inspection by the health officer* of meats, poultry, fish, game, bread, butter, cheese, lard, eggs, vegetables, flour, meal, milk and other food products offered for sale in the city, and to provide for the taking and summarily destroying of any such products as are unsound, spoiled, adulterated, or unwholesome, and to regulate and prevent the bringing into the city, or having or keeping within the city, such as spoiled, adulterated or unwholesome products.
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* Editors Note: Chapter XI, § 1, providing for the appointment of a health officer has been repealed. The county health officer is given his duties by § 2-15 of the Code of Ordinances.
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(11) Weights and measures. To provide for the inspection and sealing of all weights and measures used in the city and to enforce the keeping and use by dealers of proper weights and measures duly tested and sealed.
(12) Construction of buildings; plumbing; wiring; application of subsection to public school buildings.* To regulate the construction of and the materials used in all buildings, chimneys, stacks, and other structures; and to prevent the erection and maintenance of insecure or unsafe buildings, walls, chimneys, stacks or other structures, and to provide for their summary abatement or destruction; to prescribe the depth of cellars and basements, the materials used in and the method of construction of foundations and foundation walls, the manner of construction and location of drains and sewers, the material used in and the thickness and construction of party walls, partition and outside walls, the thickness and construction of chimneys, the construction and character of bathrooms, water closets, privies and vaults, the manner and materials used in wiring buildings or other structures for the use of electricity for lighting, power or other purposes, and the manner and materials used in piping buildings or other structures, for the purpose of supplying same with water and gas; to prohibit the construction of buildings and structures which to not conform to such regulations.
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* Annotation--The city has the power, under ch. VII, § 1(12), to regulate electrical wiring and electricians. City of Tucson v. Stewart, 45 Ariz. 36, 40 P. 2d 72.
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This subdivision shall not and nothing in this Charter shall be taken or construed as exempting or withdrawing any public school buildings from regulations made by the mayor and council pursuant to this and other similar grants of power, but such buildings and the electrical wiring and plumbing installations therein shall be subject to any such regulations equally and to the same extent as other buildings.*
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* Annotation--This paragraph now void. Board of Regents of Universities, etc. v. City of Tempe, 88 Ariz. 299, 356 P. 2d 399.
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(13) Requirements for fire escapes, etc., on buildings. To require the owners and lessees of buildings or other structures to place upon or in them fire escapes and appliances for protection against fires.
(14) Protection against fires generally. To prevent the construction and cause the removal of dangerous chimneys, fireplaces, hearths, stoves, ovens, boilers, apparatus and machinery used in any building in the city; to regulate the carrying on of manufactories liable to cause fire; to prevent the accumulation of shavings, rubbish, or any combustible materials in unsafe places, and to make provisions to guard against fire.
(15) Fire limits and construction within boundaries. To prescribe fire limits, and determine the character and height of buildings that may be erected therein, and the nature of the materials to be used in the construction, alteration or repair of such buildings or in the repair or alteration of existing buildings within said fire limits.
(16) Entrance, exit and ventilation of public buildings. To regulate the entrance to and the exit from all theaters, lecture room, public halls, schools, churches, and public buildings of every kind; to prevent the placing of seats, chairs, benches or other obstructions in the halls, aisles or open places therein; and to provide for proper ventilation of all such buildings.
(17) Regulation, etc., of blasting; regulation of other dangerous apparatus. To regulate or prohibit the operation of blasts and blasting and the construction and operation of derricks, windlasses and other structures, and apparatus and operations hazardous to life and property, and to regulate the operation and provide for the inspection of freight and passenger elevators, boilers, engines, dynamos and other apparatus generating steam, gas or electricity.
(18) Definition, prevention and abatement of nuisances. To define nuisances, and to prevent, remove and abate the same, and provide that said nuisances may be removed or abated at the expense of the party or parties creating, causing, committing or maintaining such nuisances, and to prohibit offensive or unwholesome businesses or establishments within the city.
(19) Regulation of lodging and tenement houses. To regulate lodging, tenement and apartment houses and to prevent the overcrowding the same and to require the same to be put and kept in proper sanitary condition.
(20) Naming streets; numbering houses, etc. To provide for the naming of streets and the numbering of houses, and to regulate or prohibit the exhibition of banners, flags, placards, or signs across the streets, sidewalks or public places of the city.
(21) Loading storage, etc., of gunpowder and other explosive and combustible material. To regulate or prohibit the loading or storing of gunpowder and other combustibles and explosive materials in the city, and the transportation of the same through the streets of the city.
(22) Regulation of railroads and trains; regulation of traffic generally. To regulate the speed of railroad trains engines, and cars passing through the city and the speed of cars of street railway companies using the public streets of the city; to require railroad companies to station flagmen, place gates or other safety devices or viaducts at all such street crossings as it may deem proper; to regulate and prohibit the crossing of streets by railroad[s] at grade; to require street cars to be provided with fenders or other appliances for the better protection of the public; to prohibit the making up of railroad trains upon any of the streets, street crossings, or street intersections of the city; to regulate all traffic of persons and vehicles upon any of the streets or highways of the city.
(23) Stands for public vehicles for hire. To establish stands for public vehicles for hire and require schedules for service charges to be posted in or upon such public vehicles.
(24) Injury of trees and shrubs in public places. To prohibit the injury to or interference with the ornamental trees and shrubbery in the streets and public places of the city, and to prescribe the punishment for such injury and interference.
(25) Franchises.* To grant the right to erect or lay telegraph or telephone wires; to construct and operate street railroads; to lay gas or water pipes; to erect poles and wires or lay conduits for carrying wires for transmitting electric energy for lighting, heating or power purposes along or upon the public streets and highways of the city; provided, however, that all such rights and franchises shall be granted subject to all the restrictions and limitations in this Charter contained relating to the granting of franchises, and subject to any laws of the state as to the granting of franchises.
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* Cross References: Franchises and public utilities generally, ch. XVII.
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(26) Care of municipal prisoners. To make arrangements for the care, feeding and clothing of all persons imprisoned by municipal authority or sentenced to imprisonment by the magistrate's court, and to provide that all such persons may work upon the streets, or do other public work, and provide that compensation for such work be paid to those dependent on such persons.
(27) Obnoxious, offensive, immoral, lewd, indecent and disorderly conduct. To regulate and punish all obnoxious, offensive, immoral, lewd, indecent and disorderly conduct and practice within the city.
(28) Disease prevention. To make all regulations which may be necessary or expedient for the preservation of the health and the suppression of disease; to make regulations to prevent the introduction of contagious, infectious, or other diseases into the city; to make quarantine laws and regulations and to enforce the same within the city; to regulate, control and prevent the entry within the city of persons, baggage, merchandise or other property infected with contagious disease.
(29) Sale of city property. To provide for the sale of property belonging to the city, which is not needed by, or which is not suited for the use of, the city, or which is held in trust for the city or the inhabitants thereof.
(30) Protection of animals. To prohibit and punish perpetrators of acts of cruelty to animals, and to require the places where such animals are kept to be maintained in a healthful condition.
(31) Dedication of boulevards. To set apart and dedicate as a boulevard any street or streets, or portions of a street or streets in the city.
(32) Measures for protection of health, safety, etc.; not expressly enumerated. To adopt and enforce by ordinance all such measures and to establish all such regulations in case no express provisions is in this Charter made, as the mayor and council may from time to time deem expedient or necessary for the promotion and protection of the health, comfort, safety, life, welfare and property of the inhabitants of the city, the preservation of peace and good order, the promotion of public morals, and the suppression of vice in the city.
(33) Additional powers. To pass ordinances and resolutions and to adopt orders upon any subject of municipal control, or to carry into force and effect any powers of the municipality, subject to the provisions of this Charter.
(34) Assessment, levy and collection to taxes. To adopt by ordinances at any time any provisions made by the General Laws of the State of Arizona, for the assessment, levy and collection, or either of them, of city taxes by and through the officers of the county in which the city is situated.
(35) Duties of officers not defined in Charter; fixing office hours for city officials, etc. To prescribe by ordinance the duties of all officers whose duties are not defined by this Charter; and may by ordinance prescribe for any officer's duties in addition to those herein prescribed, when the same are not inconsistent with the provisions of this chapter, and may fix the hours during which the public office of any city official shall remain open, if not otherwise provided for; and, in general, the mayor and council shall exercise all of the powers of the city, and shall pass any and all ordinances or resolutions necessary to carry out the provisions of this Charter.
(Ord. No. 8953, § 1, 9-2-97)
Editors Note: Added as a result of a Charter Amendment Special Election held November 4, 1997. This amendment became effective on December 9, 1997.
Cross References: Power to levy and collect taxes to pay interest and maintain the sinking fund of bonded indebtedness of the city, power to establish and support free public libraries, power to advertise the advantages of the city, ch. XIII, § 8.