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It shall be unlawful for any person owning, operating, managing or employed in any of the places designated in section 11-17 to allow any person of the general public to be present at such places between the hours designated in section 11-17. It shall be an affirmative defense for a licensee or an employee of the licensee to allow an intoxicated person to remain on the premises for a period of time not to exceed thirty (30) minutes after the state of intoxication is known or should be known to the licensee in order that a nonintoxicated person may transport the intoxicated person from the premises.
(1953 Code, ch. 18, § 11; Ord. No. 6076, § 2, 9-4-84)
Editors Note: Ord. No. 10421, § 1, adopted June 19, 2007, repealed § 11-19, which pertained to regulation of smoking in restaurants; definitions; civil infractions; phase-in; hardship exceptions; penalties and derived from Ord. No. 9220, § 1, adopted April 12, 1999; Ord. No. 9302, § 1, adopted Oct. 11, 1999.
Cross References: Smoke-Free Arizona Act.
It is unlawful for any person to knowingly and willfully give false information to a police officer while he is acting in his official capacity, with intent to hinder, delay, impede or mislead the officer in the prosecution of his official work, or with the intent to obstruct justice.
(1953 Code, ch. 18, § 11a; Ord. No. 2671, § 1, 9-28-64)
It shall be unlawful for any person to maintain or conduct the business of a filling or service station where automobiles, motorcars or other gasoline-burning vehicles are furnished with gasoline or motor oil, in any building or on any premises or lot fronting upon or abutting on or having a vehicle entrance or exit from or on to Congress Street between the east property line of Main Street on the west and the intersection of Toole Avenue with Congress Street on the east.
(1953 Code, ch. 18, § 12)
(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) City permit means a permit issued by the fire chief.
(2) Consumer fireworks means small firework devices that contain restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion and that comply with the construction, chemical composition and labeling regulations prescribed in 49 Code of Federal Regulations part 172 and 173, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the American pyrotechnics association standard 87-1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version.
(3) Display fireworks means large firework devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration or detonation as prescribed by 49 Code of Federal Regulations part 172, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the American pyrotechnics association standard 87-1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version.
(4) Expenses of an emergency response means reasonable costs directly incurred by public agencies including but not limited to the city fire, police and public works departments or other first responders including but not limited to private ambulance companies that make an appropriate emergency response to an incident.
(5) Fire chief means the fire chief or that officer's designee.
(6) Fireworks:
(A) 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 or display firework.
(B) Does not include:
(i) Toy pistols, toy canes, toy guns or other devices in which paper caps containing not more than twenty-five hundredths grains of explosive compound are used if constructed so that the hand cannot come in contact with the cap when in place for the explosion.
(ii) Toy pistol paper caps that contain less than twenty-hundredths grains of explosive mixture, or fixed ammunition or primers therefor.
(iii) Federally deregulated novelty items that are known as snappers, snap caps, party poppers, glow worms, snakes, toy smoke devices and sparklers.
(7) Permissible consumer fireworks:
(A) Means the following types of consumer fireworks as defined by the American pyrotechnics association standard 87-1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version:
(i) Ground and handheld sparkling devices.
(ii) Cylindrical fountains.
(iii) Cone fountains.
(iv) Illuminating torches.
(v) Wheels.
(vi) Ground spinners.
(vii) Flitter sparklers.
(viii) Toy smoke devices.
(ix) Wire sparklers or dipped sticks.
(x) Multiple tube fireworks devices and pyrotecnic articles.
(B) Does not include 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, including, for example, firework items commonly known as bottle rockets, sky rockets, missile-type rockets, helicopters, torpedoes, roman candles and jumping jacks.
(8) Police chief means the police chief or that officer's designee.
(9) Supervised public display means a monitored performance of display fireworks open to the public and authorized by city permit.
(b) Use of fireworks, and sale of fireworks other than permissible consumer fireworks, prohibited within the city; exceptions; penalties for violation.
(1) Except as specifically permitted under paragraph (3) of this subsection, the use of fireworks (including any display firework, consumer firework, permissible consumer firework, 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) within the city is prohibited.
(2) The sale of fireworks, other than permissible consumer fireworks, within the city is prohibited.
(3) Violation of the provisions of paragraphs (1) or (2) of this subsection is a civil infraction, except that any such violation that results in damage to property or injury to any person or animal is a class 1 misdemeanor and, upon conviction, in addition to any other penalty or fine, restitution shall be ordered made by the defendant to the victim. This remedy shall not abridge any civil cause of action by the victim.
(4) Nothing in this section shall be construed to prohibit:
(A) The use of items defined to not be fireworks under subsection (a)(6)(B) above and A.R.S. § 36-1601(3)(b); or
(B) The occurrence of a supervised public display of fireworks authorized by city permit issued by the fire chief. The fire chief may charge a fee for this permit to cover administrative costs, including the costs of any necessary inspections.
(c) Sale of permissible consumer fireworks; permits required; inspections; fees.
(1) No person shall sell or allow the sale of permissible consumer fireworks to a person who is under sixteen (16) years of age.
(2) No person shall sell or allow the sale of permissible consumer fireworks in conflict with state law.
(3) A person who desires to sell permissible consumer fireworks to the public shall first obtain a city permit allowing all of the activities listed under § 7.3.2(1)(a) and (b) and (2) of the National Fire Protection Association Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles (NFPA 1124), 2006 Edition.
(4) In addition to any other remedies or sanctions, failure to comply with paragraph (3) of this subsection is a civil infraction.
(5) A person who desires to sell permissible consumer fireworks to the public is subject to inspection by the fire chief to assure:
(A) That the person has obtained the permit required under paragraph (3) of this subsection and the sign requirements of subsection (d) of this section.
(B) That the person is in compliance with NFPA 1124, 2006 Edition, as well as with any other rules adopted by the State Fire Marshal pursuant to A.R.S. § 36-1609 and Title 41, Chapter 6 and relating to the storage or retail sale of consumer fireworks.
(6) The fire chief may charge a fee for the permit required under paragraph (3) of this subsection to cover the administrative costs of the permit system, including the inspections carried out under paragraph (5) of this subsection.
(7) Three (3) copies of the fee schedule for permits, and of any amendments to it, shall be filed in the office of the city clerk and made public records and shall be available for public use and inspection during regular office hours, and shall be of full force and effect immediately upon such filing.
(d) Posting of signs by persons engaged in the sale of permissible consumer fireworks; penalty.
(1) Prior to the sale of permissible consumer fireworks, every person engaged in such sales shall prominently display signs that state the following:
(A) The use of fireworks within the City is prohibited.
(B) You must be sixteen (16) years old to buy fireworks.
(2) The signs required under paragraph (1) of this subsection shall be posted in a conspicuous place in each area where fireworks are displayed and at each cash register where fireworks are sold; shall be not less than eleven (11) inches by fourteen (14) inches in size; shall be in both Spanish and English; and shall use easily legible print.
(3) In addition to any other remedies or sanctions, failure to comply with paragraphs (1) and (2) of this subsection is a civil infraction.
(e) Authority to enforce violations of this section designated as civil infractions. The fire chief or the police chief may enforce violations of this section designated as civil infractions.
(f) Violation of this section a civil infraction, except where specifically provided otherwise. Except where specifically provided otherwise in this section, any violation of this section is a civil infraction.
(g) Liability for emergency responses required by use of fireworks, or by violations of this section.
(1) A person who uses any fireworks, including display fireworks, consumer fireworks, permissible consumer 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 strictly liable for the expenses of any emergency response that is dispatched as a result of such use. The fact that a person is convicted or found responsible for a violation of this section is prima facie evidence of liability under this subsection.
(2) A person who violates any provision of this section is strictly liable for the expenses of any emergency response that is dispatched as a result of such violation. The fact that a person is convicted or found responsible for a violation of this section is prima facie evidence of liability under this subsection.
(3) The expenses of an emergency response are a charge against the person liable for those expenses pursuant to paragraphs (a) or (b) of this subsection. The charge constitutes a debt of that person and may be collected proportionately by the public agencies, or other first responders that incurred the expenses. The liability imposed under this subsection is in addition to and not in limitation of any other liability that may be imposed.
(Ord. No. 10856, § 2, 11-23-10, eff. 12-1-10)
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