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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.
It shall be unlawful for any minor, under the age of eighteen (18) years, to play or loiter about any railroad depot, roundhouse, machineshop or freight house, or to play or loiter about or ride upon any railroad car, engine, truck or other vehicle belonging to or used upon or in connection with any railroad within the corporate limits of the city without the consent of the owner or lessee of such railroad, or of the agent of such owner or lessee. Any such minor violating the provisions of this section shall be guilty of a misdemeanor and proceedings shall be taken in accordance with and pursuant to the laws of the state regulating juveniles.
(1953 Code, ch. 18, § 28)
(a) Violation. It shall be a civil infraction and punishable as provided in this section if in bad faith: a) an owner fails to pay for work performed by a general contractor or contractor, or b) a general contractor fails to pay for work performed by a subcontractor, or c) a subcontractor fails to pay for labor or materials provided, within fourteen (14) days or within the time otherwise agreed upon between the parties following the completion of the work or labor or delivery of materials, and delivery of an initial written request for payment evidenced by an affidavit of service or return receipt of certified mail.
A separate violation may be charged for each segment of completed work, or labor or delivery of materials for which payment is not made. Each day for which payment is not made may be charged as a separate violation after the violation accrues.
Bad faith may be established by the conduct between the parties or other means as allowed by the court but shall at a minimum be evidenced by two subsequent written requests for payment delivered not sooner than two weeks after the initial request and at least two weeks apart and testimony that payment in full has not been made and there is no reasonable basis to delay payment which together shall constitute prima facie evidence of bad faith. A party who acts in compliance with applicable contract provisions shall not be deemed to act in bad faith under this section.
(b) Definitions. As used in this section:
Completion of work or labor means, unless otherwise agreed upon between the parties, the date upon which the work or labor for which payment is requested has been completed, or if an inspection is required by the city for the work or labor, the date such work or labor passed inspection.
Contractor includes any person, firm, entity, partnership, corporation, association, or other organization licensed under Title 32 of the Arizona Statutes and that undertakes to perform work directly for an owner.
General contractor is synonymous with the terms "commercial contractor" and "contractor" as used in A.R.S. § 32-1101(A) and includes any person, firm, entity, partnership, corporation, association, or other organization or any combination thereof that uses subcontractors and engages in construction, repair or alteration.
Owner means the person, firm, entity, partnership, corporation, association or other organization or combination thereof possessing either a fee or lesser interest that enters into a contract, arrangement or agreement with a general contractor or contractor for the construction, repair or alteration of a structure. Owner includes all assigns and successors in interest of the owner.
Subcontractor means any person, firm, entity, partnership, corporation, association or other organization or any combination thereof that undertakes to perform work for a general contractor and has a direct contractual relationship with the general contractor.
(c) Penalty. A violation of this section shall result in a fine of not less than two hundred fifty dollars ($250.00) for the first offense and not less than five hundred dollars ($500.00) for the second offense.
(d) Scheduling of hearing. A violation charged under this section shall be heard by the construction special magistrate not more than sixty (60) days after the violations set forth in the complaint have been answered. For good cause shown, the construction special magistrate may continue the hearing.
(e) Defenses. Justification is a defense to a prosecution under this section. Justification means money is unavailable to make payment due to nonpayment by an owner, general contractor, contractor or subcontractor, bankruptcy, force majure, operation of a stop notice or bonded stop notice or a prima facie showing that any claim for moneys due for work completed, labor performed or materials provided is subject to a legal or equitable defense.
Unavailability of money due to nonpayment is not a defense unless the party asserting nonpayment: a) files an action in a court of competent jurisdiction seeking payment or enters arbitration seeking payment unless to do so would be a futile act in that it would not likely result in the recovery of funds to provide payment, or b) initiates or seeks to initiate an action under this section.
Nonpayment based upon poor quality of work may not be asserted as a defense where there is an agency with jurisdiction over quality issues and a written complaint has not been filed with that agency.
(f) Limitation on action. No violation chargeable under this section may be filed more than one (1) year after the violation accrues. A violation accrues under this section on the date of delivery of the last request for payment required by this section. No action may be brought on behalf of any person, firm, corporation or entity that does not hold a license if a license is required by Title 32 of the Arizona Statutes.
(Ord. No. 9158, § 2, 11-9-98)
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