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(a) A person convicted for the first time of an offense prohibited by minor section 11-28(1)(a) may be punished by imprisonment for not more than six (6) months and up to three (3) years probation, and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted for a second offense prohibited by minor section 11-28(1)(a) may be punished by imprisonment for not more than six (6) months and shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than twenty-five hundred dollars ($2,500.00) and shall be placed on probation for not less than one (1) year nor more than three (3) years. A person convicted of a third offense prohibited by minor section 11-28(1)(a) may be punished by imprisonment for not more than six (6) months and shall be punished by a fine of not less than two hundred fifty dollars ($250.00) nor more than twenty- five hundred dollars ($2,500.00) and shall be placed on probation for not less than three (3) years. A person convicted of a fourth offense prohibited by minor section 11-28(1)(a) may be punished by imprisonment for not more than six (6) months and shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00) and shall be placed on probation for not less than three (3) years. No judge may suspend the minimum fine or probationary period prescribed herein, upon a person convicted of any offense prohibited by minor section 11-28(1)(a). Placing a person on probation shall not be construed to affect, in any way, the imposition of the minimum fines provided herein.
(b) A person convicted for the first time of an offense prohibited by minor section 11-28(1)(b) shall be punished by either imprisonment for not less than twenty-four (24) hours or one hundred (100) hours of community service and may impose up to six (6) months' imprisonment and shall be fined not less than one hundred dollars ($100.00) nor more than twenty-five hundred dollars ($2,500.00) and may be placed on probation for a maximum of three (3) years. A person convicted for a second offense prohibited by minor section 11-28(1)(b) shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months and fined not less than two hundred fifty dollars ($250.00) nor more than twenty-five hundred dollars ($2,500.00) and shall be placed on probation for not less than one (1) year nor more than three (3) years. A person convicted of a third or subsequent offense prohibited by minor section 11-28(1)(b) shall be punished by imprisonment for not less than twenty (20) days nor more than six (6) months, and fined not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00) and shall be placed on probation for not less than three (3) years. No judge may grant probation to, or suspend the imposition of the minimum jail sentence, fine or probation prescribed herein, upon a person convicted of any offense prohibited by minor section 11-28(1)(b). Placing a person on probation shall not be construed to affect, in any way, the imposition of the minimum imprisonment and minimum fines provided herein.
(c) A person convicted for the first time of any offense prohibited by minor sections 11-28(1)(c) through 11-28(8); shall be punished by imprisonment for not less than fifteen (15) days nor more than six (6) months and by a fine of not less than two hundred dollars ($200.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted of a second offense prohibited by minor sections 11-28(1)(c) through 11-28(8) shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months and a fine of not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted of a third offense prohibited by minor sections 11-28(1)(c) through 11-28(8) shall be punished by imprisonment for not less than sixty (60) days nor more than six (6) months, and by a fine of not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted of a fourth or subsequent offense prohibited by minor sections 11-28(1)(c) through 11-28(8) shall be punished by imprisonment for not less than one hundred and eighty (180) days and by a fine of not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00). No judge may grant probation to, or suspend the imposition of the minimum jail sentence and fine prescribed herein, upon a person convicted of any offense prohibited in minor sections 11-28(1)(c) through 11-28(8). In addition, a person convicted of any offense prohibited in minor sections 11-28(1)(c) through 11-28(8) may be placed on probation for a maximum of three (3) years. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein.
(Ord. No. 4812, § 1, 5-15-78; Ord. No. 5267, § 1, 12-8-80; Ord. No. 5820, § 1, 7-5-83; Ord. No. 5866, § 1, 9-12-83; Ord. No. 6478, § 1, 8-4-86; Ord. No. 7284, § 1, 9-18-89; Ord. No. 7717, § 2, 11-25-91; Ord. No. 9192, § 2, 1-11-99)
(a) It shall be unlawful for any person to willfully and knowingly expose or display his or her anus, buttocks, genitals, pubic areas, areola and/or the nipple of the female breast; or willfully or knowingly aid or assist in the exposure or display of another's anus, buttocks, genitals, pubic areas, areola and/or the nipple of the female breast, in or by a street, alleyway, driveway, right-of-way, parking lot, park, bus stop, hallways, aisle, places of assembly whether indoor or outdoor, such as bingo halls, fairs, carnivals, swap meets, museums, or any other place of public accommodation, but not to include:
(b) It shall be no defense that the viewer or viewers:
(1) Consented to the exposure or display; or
(2) Voluntarily subjected himself or herself to the exposure or display; or
(3) Was not, or were not, annoyed, offended, shocked or outraged by the exposure or display.
(c) In this section, unless the context requires otherwise, "exposure or display" means:
(1) To submit to public view the named areas without cover; or
(2) To submit to public view the named areas with cover of less than one (1) layer of fully opaque covering.
(1953 Code, ch. 18, § 9a; Ord. No. 2358, § 2, 11-5-62; Ord. No. 4486, § 1, 5-24-76)
Cross References: Licensing of adult entertainment enterprises and establishments, § 7-206 et seq.
(a) Definitions. As used in this section:
(1) Hate crime means the commission of any misdemeanor offense under A.R.S. § 13-1203 (Assault), A.R.S. § 13-1602 (Criminal Damage), A.R.S. § 13-1502/1503/1504 (Criminal Trespass), A.R.S. § 13-2904 (Disorderly Conduct), A.R.S. § 13-1201 (Endangerment), A.R.S. § 13-2921 (Harassment), A.R.S. § 13-1802 (Telephone Harassment), A.R.S. § 13-1202 (Threats and Intimidation), A.R.S. § 13-1303 (Unlawful Imprisonment), or T.C. § 16-30 (Graffiti) against an individual or group of individuals or the property of an individual or group, accompanied by malicious intent as defined in subsection (2) hereof.
(2) Malicious intent means the intent to commit any act, the commission of which is a necessary element of any offense referred to in subsection (a)(1) above, motivated by malice toward a victim because of the victim's actual or perceived race, color, religion, national origin, ancestry, sex, sexual orientation, age, disability, gender identity, ethnicity, familial status and/or marital status.
(3) Institutional vandalism means knowingly vandalizing, defacing or otherwise damaging:
a. Any church, synagogue, mosque, other building structure, or place used for religious worship and/or the grounds adjacent to, rented by, or owned by such entities;
b. Any cemetery mortuary or other facility used for the purpose of burying or memorializing the dead;
c. Any school, educational facility or community center and/or grounds adjacent to, rented by, or owned by said entities.
d. Any hospital, health clinic, or other health care facility.
(b) It shall be unlawful for any person to commit a hate crime or institutional vandalism, as defined in this section, against another individual or group of individuals.
(Ord. No. 8506, § 1, 5-22-95; Ord. No. 11057, § 2, 3-27-13; Ord. No. 11443, § 1, 3-21-17)
A person convicted for the first time of an offense prohibited by section 11-30 shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months and by a fine of not less than one hundred dollars ($100.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted for a second offense prohibited by section 11-30 shall be punished by imprisonment for not less than twenty (20) days nor more than six (6) months and by a fine of not less than two hundred dollars ($200.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted for a third or subsequent offense prohibited by section 11-30 shall be punished by imprisonment for not less than forty (40) days nor more than six (6) months and by a fine of not less than four hundred dollars ($400.00) nor more than twenty-five hundred dollars ($2,500). No judge may grant probation to, or suspend the imposition of the minimum jail sentence and fine prescribed herein, upon a person convicted of any offense prohibited in section 11-30. In addition, a person convicted of any offense prohibited in section 11-30 may be placed on probation for a maximum of three (3) years. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties herein.
(Ord. No. 8506, § 2, 5-22-95; Ord. No. 11443, § 1, 3-21-17)
It shall be unlawful for the chief of police or any police officer or any other person connected with the police department to solicit legal business for either the defense or prosecution of any case pending or which may be filed in any court, or to urge, recommend or suggest to any person, whether in legal detention or not, that any particular person practicing law should or should not be employed for the defense or prosecution of such person or any other person.
(1953 Code, ch. 18, § 22)
(a) The mayor and council find that the increase in aggressive solicitation throughout the city has become extremely disturbing and disruptive to residents and businesses, and has contributed not only to the loss of access to, and enjoyment of, public places, but has also led to an increased sense of fear intimidation and disorder.
(b) Aggressive solicitation may include, without limitation: approaching or following pedestrians; approaching or following children repeating solicitations despite refusals; using abusive or profane language to cause fear and intimidation; causing unwanted physical contact; or intentionally blocking pedestrian and vehicular traffic. The mayor and council further find that the presence of individuals who solicit money from persons at or near banks, automated teller machines, or in public transportation vehicles is especially troublesome because of the enhanced fear of crime in those confined environments. Such solicitation carries with it an implicit threat to both persons and property, as well as public safety.
(c) The law is not intended to limit any person from exercising the constitutional right to solicit funds, picket, protest or engage in other constitutionally protected activity. Rather, its goal is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation that have become an unwelcome and overwhelming presence in the city.
(d) Solicit means to request an immediate donation of money or other thing of value from another person, regardless of the solicitor's purpose or intended use or the money or other thing of value. The solicitation may be, without limitation, by the spoken, written or printed word, or by other means of communication.
(e) Aggressive manner means and includes:
(1) Intentionally or recklessly making physical contact with or touching another person in the course of the solicitation without the person's consent;
(2) Approaching or following the person being solicited, if that conduct is intended to or is likely to: a) cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon the property in the person's possession; or (b) intimidate the person being solicited into responding affirmatively to the solicitation;
(3) Continuing to solicit within five (5) feet of the person being solicited after the person has made a negative response, if continuing the solicitation is intended to or is likely to: a) cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (b) intimidate the person being solicited into responding affirmatively to the solicitation;
(4) Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver or a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one's constitutional right to picket or legally protest, and acts authorized by a permit issued pursuant to chapter 7 of the Tucson City Code, shall not constitute obstruction of pedestrian or vehicular traffic;
(5) Intentionally or recklessly using obscene or abusive language or gestures intended to or likely to: a) cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or b) words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation.
(f) Automated teller machine means a device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and/or mortgage and loan payments.
(g) Automated teller machine facility means the area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers after regular business hours.
(h) Check cashing business means any person duly licensed by the superintendent of banks to engage in the business of cashing checks, drafts or money orders for consideration pursuant to the provisions of the banking laws.
(i) Public area means an area to which the public or a substantial group of persons has access, and includes, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.
(Ord. No. 8674, §§ 1, 2, 4-8-96; Ord. No. 8891, § 1, 9-15-97)
Editors Note: Ordinance No. 8674, § 1, deleted § 11-33 in its entirety. Formerly, such section pertained to loitering and derived from ch. 18, § 24 of the 1953 Code; Ord. No. 3094, § 1, 3-11-68; Ord. No. 3599, § 1, 1-25-71. Subsequently, section 2 of same ordinance added a new § 11-33 pertaining to legislative findings; definitions.
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