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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.
Section 11-33.1(1) Aggressive solicitation prohibited. It shall be unlawful for any person to solicit money or other things of value, or to solicit the sale of goods or services:
(1) In an aggressive manner in a public area;
(2) In any public transportation vehicle, or bus, vantran or trolley station or stop;
(3) Within fifteen (15) feet of any entrance or exit of any bank or check cashing business or within fifteen (15) feet of any automated teller machine during the hours of operation of such bank, automated teller machine or check cashing business, without the consent of the owner or other person legally in possession of such facilities. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility; or
(4) On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property.
Section 11-33.1(2) Obstruction of doorways entrances on a public sidewalk prohibited. It shall be unlawful for any person, after having been notified by a law enforcement officer that he or she is in violation of the prohibition in this section, to remain within ten (10) feet of a doorway entrance on a public sidewalk or any other public right-of-way if that person's continued presence obstructs a doorway entrance.
Section 11-33.1(3) Exceptions to 11-33.1(2) above. An exception to the prohibition in the preceding subsection against obstructing a public sidewalk or other public right-of-way within ten (10) feet of a doorway entrance shall be made in circumstances involving physical emergencies or the administration of medical assistance; sidewalk cafes, parades, rallies, demonstrations, performances or meetings for which street use permits have been issued; chairs or benches provided by a public agency or abutting private property owner; and seats in bus zones occupied by persons waiting for the bus.
Section 11-33.1(4) Solicitation of children. It shall be unlawful for any person to solicit money or other things of value from any person under the age of sixteen (16) years who is unaccompanied by an adult.
(Ord. No. 8674, § 2, 4-8-96; Ord. No. 8891, § 1, 9-15-97; Ord. No. 11331, § 2, 12-8-15)
(a) A person convicted of a first offense for a violation of this ordinance may be ordered to perform community service or fined in an amount up to two hundred and fifty dollars ($250.00).
(b) A person convicted of a second or subsequent violation of this ordinance may be ordered to perform community service or fined up to five hundred dollars ($500.00); may be sentenced to jail for not more than ten (10) days; and shall be placed on probation for not less than one (1) year and no more than three (3) years.
(c) A person convicted of a violation of this ordinance may be required to perform community service work as described by the court in lieu of, or in addition to, the fine imposed under this Section. The rate of substitution of community service work for the fine amount shall be calculated at ten dollars ($10.00) per hour.
(Ord. No. 8674, § 2, 4-8-96)
Sec. 11-34(1). Definitions. As used in this section:
(a) Juvenile is any person who has not yet reached eighteen (18) years of age.
(b) Parent is any natural, adoptive, or step-parent of a juvenile.
(c) Guardian is any person, other than a parent, who has legal guardianship of a juvenile; or any person over eighteen (18) years of age who has been authorized by a parent or legal guardian to have temporary care and custody of a juvenile.
(d) Emancipated minor is any juvenile who is married, serving in the military, or is otherwise legally recognized as emancipated.
(e) Emergency is an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term "emergency" includes, but is not limited to, a fire, natural disaster, automobile accident, or any situation that requires immediate action to prevent serious bodily injury or loss of life or property.
(f) Establishment is any privately-owned place of business, and all property appurtenant thereto, to which the public or a substantial portion of the public is invited, including, but not limited to, any place of amusement or entertainment.
(g) Public place is any place to which the public or a substantial portion of the public has access and includes, but is not limited to, streets, sidewalks, alleys, rights-of-way, parks, playgrounds, or government buildings or facilities; vacant lots; and the common and/or parking areas of government buildings and facilities, schools, hospitals, apartment homes and complexes, office buildings, shops, malls, and other establishments.
(h) Residence is the dwelling house or usual place of abode of a juvenile and his parent or legal guardian.
Sec. 11-34(2) Curfew--Juveniles under age 16. It is unlawful for any juvenile, prior to his sixteenth birthday, to be present in, about or upon any public place or establishment in the city between the hours of 10:00 p.m. and 5:00 a.m. of the following day.
Sec. 11-34(3) Curfew--Juveniles age 16 and older. It is unlawful for any juvenile, on or after his sixteenth birthday to be present in, about or upon any public place or establishment in the city between the hours of 12:00 midnight and 5:00 a.m. of the following day.
Sec. 11-34(4). Parental responsibility. It is unlawful for the parent or guardian of any juvenile to permit, or by insufficient control allow, the juvenile to be present in, about or upon any public place or establishment in the city in violation of this section.
Sec. 11-34(5). Exceptions. The provisions of this section shall not apply to any juvenile who:
(a) Is accompanied by his parent or guardian;
(b) Is an emancipated minor;
(c) Is involved in an emergency;
(d) Has permission from his parent or guardian to travel to, or be in or at, a specific public place or establishment for a reasonable, legitimate and specific purpose;
(e) Is exercising First Amendment rights protected by the United States Constitution, including free exercise of religion, speech, and assembly.
(f) Is engaged in interstate travel;
(g) Is attending, or travelling to or returning from, an official school, religious or other civic or recreational event supervised by adults and sponsored by a governmental entity, a civic organization, or another similar entity that takes responsibility for the juvenile;
(h) Is engaged in employment activity, or travelling to or returning from such activity; or
(i) Is on the sidewalk immediately abutting the juvenile's residence.
Sec. 11-34(6). Enforcement of provisions of this section. Before taking any enforcement action under this section, a police officer shall attempt to ascertain the apparent offender's age and reason for being in the public place or establishment.
(1953 Code, ch. 18, § 25; Ord. No. 3224, § 1, 3-10-69; Ord. No. 9182, § 3, 1-4-99)
The dispensing of certain vapor releasing substances containing a toxic substance is regulated and prohibited as follows:
Sec. 11-35(1). Definition In this series of sections unless the context otherwise requires, "vapor releasing substances containing a toxic substance" means paints, varnishes and like coating substances releasing vapors or fumes containing benzene, toluene, volatile ketones, isophorone, acetone, chloroform, methylene chloride, mestiyl oxide, xylene, cumene, ethylbenzene, trichloroethylene, MIBK, MIAK, MEK, and diacetone alcohol dispensed by the use of aerosol spray devices.
Sec. 11-35(2). Dispensing such substances prohibited.
(a) No person shall sell or offer for sale, deliver or provide, or give to any person under eighteen (18) years of age any vapor releasing substances containing a toxic substance.
(b) No sale or transfer of possession of any vapor releasing substances containing a toxic substance shall be made except by a person who is at the time of sale actively employed or engaged in operating a bona fide commercial establishment at a fixed location.
Sec. 11-35(3). Exceptions. Nothing contained in this series of sections shall be applicable to the transfer of any vapor releasing substances containing a toxic substance, from a parent to a child, from a guardian to his ward, from an employer to employee, from a teacher to a student or in any other similar relationship when such transfer is for a lawful and bona fide purpose.
Sec. 11-35(4). Commercial establishments. Every bona fide commercial establishment selling vapor releasing substances containing a toxic substance shall conspicuously display an English/Spanish bilingual sign of not less than eleven (11) inches by fourteen (14) inches in size which states: "Warning--Deliberate Inhalation of Spray Paint Vapors Can Be Dangerous." Such printed warning shall be easily legible.
(Ord. No. 4141, § 1, 2-25-74)
Sec. 11-36.1. Purpose and intent. Pursuant to Chapter IV, Sections 1(19) and (21) of the Charter, mayor and council find as follows:
(a) Public sidewalks in business districts are created and maintained for the primary purpose of enabling pedestrians to safely and efficiently move about from place to place, facilitating deliveries of goods and services, and providing potential customers with convenient access to goods and services.
(b) During normal business hours, the public sidewalks in downtown and neighborhood commercial areas are prone to congestion, and should be kept available to serve these primary purposes.
(c) Except in places provided therefor or where reasonably necessary, sitting or lying on the public sidewalks in downtown and neighborhood commercial areas during the hours of greatest congestion interferes with the primary purposes of the public sidewalks, threatens public safety, and damages public welfare.
(d) Pedestrians, particularly the elderly, disabled, or vision-impaired, are put at increased risk when they must see and navigate around individuals sitting or lying upon the public sidewalk.
(e) The public welfare is promoted by economically healthy downtown and neighborhood commercial areas which attract people to shop, work and recreate. These areas provide easily accessible goods and services, employment opportunities, the tax revenues necessary to maintain and improve property within these areas.
(f) In some circumstances people sitting or lying on the sidewalks deter many members of the public from frequenting those areas, which contributes to undermining the essential economic viability of those areas. Business failures and relocations can cause vacant storefronts which contribute to a spiral of deterioration and blight which harms the public health, safety and welfare. An important factor in protecting public safety is attracting people to the streets and sidewalks of the city's business districts, because the presence of many law abiding citizens serves as a deterrent to crime and increases the public's sense of security and the safety to all.
(g) There are numerous other places within the downtown and neighborhood commercial areas where sitting or lying down can be accommodated without unduly interfering with the safe flow of pedestrian traffic, impairing commercial activity, threatening public safety or harming the public welfare. These other places include city parks and plazas, arcades, and common areas open to the public, and generally on private property with the permission of the property owner. In addition, public sidewalks outside the designated hours are available for sitting or lying down.
Therefore, the limited regulation of sitting or lying down on sidewalks is both reasonably necessary and appropriately balances the public interest and individual rights.
Section 11-36.2. Prohibited conduct; exceptions.
(a) No person shall sit or lie down upon a public sidewalk or upon a blanket, chair, stool, or any other object placed upon a public sidewalk or median during the hours between 7:00 a.m. and 10:00 p.m. in the following zones:
(1) The Downtown Zone, defined as the area bounded by Interstate 10 on the West, 6th Street on the North, Fourth Avenue on the East and 17th Street on the South.
(2) The Fourth Avenue Business Zone, defined as the area bounded by University Blvd. on the North, Congress Street on the South, 3rd Avenue on the East and 5th Avenue on the West.
(3) The University Zone, defined as the area bounded by Speedway Blvd. on the North, 6th Street on the South, Park Avenue on the East, and Euclid Avenue on the West.
(b) The prohibition in subsection (a) shall not apply to any person:
(1) Sitting or lying down on a public sidewalk due to medical emergency;
(2) Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk;
(3) Operating or patronizing a commercial establishment conducted on the public sidewalks pursuant to a permit;
(4) Who is exercising First Amendment rights protected by the United States Constitution, including free exercise of religion, speech and assembly; provided, however, that the person sitting or lying on the public sidewalk remains at least ten (10) feet from any doorway or business entrance, leaves open a five (5) foot path and does not otherwise block or impede pedestrian traffic. This exception applies only to persons and does not create an exception to sections 16-35 or 25-51 of this Code, or any other provisions of this Code, that prohibit the placement of items or objects on a public sidewalk that prevent full, free and unobstructed public use in any manner.
(5) Sitting on a chair or bench located on the public sidewalk which is supplied by a public agency or by the abutting private property owner; or
(6) Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation.
Nothing in any of these stated exceptions shall be construed to permit any conduct which is otherwise prohibited by law.
(c) No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section.
Section 11-36.3. Penalty. Violation of this ordinance shall constitute a misdemeanor punishable by community service or fines not to exceed two hundred fifty dollars ($250.00), by imprisonment not to exceed ten (10) days, and by probation not to exceed one (1) year or both such fine and imprisonment. The rate of substitution of community service work for the fine amount shall be calculated at ten dollars ($10.00) per hour.
(Ord. No. 8978, § 1, 11-10-97; Ord. No. 9360, § 1, 3-20-00; Ord. No. 11331, § 2, 12-8-15)
Editors Note: Ord. No. 3224, § 3, adopted Mar. 10, 1969, amended this Code by repealing former §§ 11-35 and 11-36 derived from 1953 Code, ch. 18, §§ 26 and 27. Said former §§ 11-35 and 11-36 contained provisions relative to the responsibility of parents or guardians for minors and penalty provisions. Subsequently, Ord. No. 8978, § 1, 11-10-97, added a new § 11-36 to read as herein set out.
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