Sec. 11-63. Same--Violations, penalties.

Any person violating any of the provisions of sections 11-58, 11-59 and 11-60 shall be guilty of a misdemeanor; and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars ($100.00), or by imprisonment not to exceed ten (10) days, or by both such fine and imprisonment.

(1953 Code, ch. 18, § 55d; Ord. No. 1839, § 6, 7-21-58)

Sec. 11-64. Professional strikebreakers; employment, recruitment or furnishing as replacements for employees involved in labor disputes unlawful.

   Sec. 11-64(1). Purposes.

   (a)   The purposes of this section are as follows:

   (1)   To prohibit the recruitment of professional strikebreakers by persons or agencies not involved in the labor dispute.

   (2)   To prohibit the employment of professional strikebreakers.

   (3)   To encourage and promote stable economic development.

   (4)   To encourage the orderly and peaceful settlement of labor disputes.

   (b)   It is not the purpose of this section to prohibit an employer from hiring replacements for employees involved in a labor dispute when such replacements are not professional strikebreakers.

   Sec. 11-64(2). Definitions. 

   Labor dispute includes any controversy concerning terms, tenure or conditions of employment or concerning the association or representation of persons in negotiation, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.

   Professional strikebreaker means a person who customarily and repeatedly offers himself for employment in the place of an employee involved in a labor dispute. It shall be presumed that a person customarily and repeatedly offers himself for employment in the place of a person involved in a labor dispute when such person shall have three (3) or more times offered to take or has taken employment in the place of persons involved in a labor dispute.

   Sec. 11-64(3). Supplying Strikebreakers Prohibited. No person shall recruit, procure, supply or refer any professional strikebreakers for employment in place of any employee involved in a labor dispute. But this subsection shall not be applicable to the Arizona State Employment Service or to referring employment agencies that are duly licensed by the State.

   Sec. 11-64(4). Employing Strikebreakers Prohibited. No person involved in a labor dispute shall, directly or indirectly:

   (a)   Employ in the place of an employee involved in such dispute any professional strikebreakers; nor

   (b)   Contract or arrange with any other person to recruit, procure, supply or refer professional strikebreakers for employment in such dispute.

   Sec. 11-64(5). Notification of Labor Dispute to the Employment Applicants. It is unlawful for any person to employ, recruit, solicit or advertise for employees, or refer persons to employment, in place of employees involved in a labor dispute, without adequate notice to such person, or in such advertisement, that there is a labor dispute at the place at which employment is offered and that the employment offered is in place of employees involved in such labor dispute.

   Sec. 11-64(6). Separate Offense. The recruiting, procuring, supplying, referring or employing of each professional strikebreaker shall constitute a separate offense; and each day of employment of a professional strikebreaker shall constitute a separate offense.

   Sec. 11-64(7). This section will in no way be construed to apply or interfere with any disputes or strikes that may be in progress at the time of the adoption of this section.

(Ord. No. 2951, § 1, 12-19-66)

Sec. 11-65. Unattended child in motor vehicle; classification.

   (a)   It is unlawful to leave a child who is under ten (10) years of age in a motor vehicle without supervision by another person in the motor vehicle who is at least fourteen (14) years of age if either of the following applies:

   (1)   The conditions tend to present a risk to the child's health, safety or welfare; or

   (2)   The motor vehicle engine is running or the key to the motor vehicle is located in the passenger compartment.

   (b)   A person who violates this section is guilty of a class 1 misdemeanor.

   (c)   A person convicted of a violation of this section shall be fined not less than one thousand dollars ($1,000.00), and the imposition of this minimum fine cannot be suspended except as provided in subsection (d) of this section.

   (d)   In a case involving a defendant's first violation of this section, the court may dismiss the charge if the defendant completes a parenting education program to which the defendant is referred by the court that includes a minimum of twenty-four (24) hours of parenting classes and/or counseling and that also includes education on the dangers of leaving young children unattended in motor vehicles. The program shall be capable of providing a certification of successful completion of its requirements. Upon completion of that program, the defendant shall provide that certification to the court.

   (e)   Any peace officer is authorized to use whatever force is reasonable and necessary to remove any child from a vehicle whenever it appears that the child's life or health is endangered by extreme temperatures, lack of ventilation or any other condition existing within the vehicle as described in subsection (a).

(Ord. No. 10580, § 1, 9-23-08, eff. 11-15-08)

Sec. 11-66. Throwing stars; sale to minors prohibited, possession by minors prohibited.

   (a)   It is unlawful and a misdemeanor for any person in this city to sell, give or lend to a minor, or to allow a minor to possess, any instrument, without handles, consisting of a metal plate having three (3) or more radiating point with one (1) or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape that can be used as a weapon for throwing.

   (b)   It is unlawful and a misdemeanor for any minor in this city to manufacture or cause to be manufactured, import into the city, keep for sale or offer or expose for sale or give, lend or possess any instrument, without handles, consisting of a metal plate having three (3) or more radiating points with one (1) or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape that can be used as a weapon for throwing.

(Ord. No. 6049, § 1, 6-25-84)

Sec. 11-67. Prohibition of certain automatic dialing and prerecorded message alarm systems.

   (a)   Prohibition. It shall be unlawful and a misdemeanor for any person to use or cause to be used any telephone device or telephone attachment that automatically selects a public primary telephone trunk line of the city and then reproduces any prerecorded message to report any burglary or other emergency.

   (b)   Exemption. The term "person" shall not include the city.

(Ord. No. 5890, § 1, 10-11-83; Ord. No. 6384, § 4, 2-3-86)

   Editors Note: The provisions of § 11-67 were formerly contained in § 11-88, which was repealed by § 2 of Ord. No. 6384. Since the subject matter is the same, the editor has retained a complete history note for the section.

Sec. 11-68. Prohibition of containers in community center premises.

It shall be unlawful for any patron to enter the Tucson Community Center Arena, Music Hall, or Little Theater with any bottle, flask, flagon, glass, thermos, can, wineskin, canister, or any other similar container, or to be in possession of the same on the above-described premises unless purchased from a vendor authorized by the community center.

(Ord. No. 5890, § 1, 10-11-83; Ord. No. 6384, § 4, 2-3-86)

   Editors Note: The provisions of § 11-68 were formerly contained in § 11-91, which was repealed by § 2 of Ord. No. 6384. Since the subject matter is the same, the editor has retained a complete history note for the section.

Sec. 11-69. Prohibition of certain items and activities at the Rodeo Parade and other parade events.

   (a)   The provisions of this subsection (a) apply to the Tucson Rodeo Parade:

   (1)   It is unlawful for any person to sell, give, transfer or possess any object or thing, including but not limited to plastic horns, inflated balloons, "poppers" and other illegal fireworks, manufactured primarily for the purpose of making, or which if carelessly or intentionally broken, punctured, directed toward an animal, sounded or otherwise mishandled is likely to make, a noise or movement which is likely to startle, frighten or otherwise cause or contribute to the loss of control over any animal in the annual Tucson Rodeo Parade, within one thousand (1,000) feet of the parade route during the parade day hours of 7:30 a.m. until the time that the last entry in the parade has passed.

   (2)   It is unlawful for any person to use any object or thing, or do any act, in a manner that is intended or likely to startle, frighten or otherwise cause or contribute to the loss of control of any animal in the Tucson Rodeo Parade.

   (3)   It is unlawful for an entrant, a parent or a legal guardian to allow a child:

   a.   Under fourteen (14) years of age to participate as a walking entrant in the Tucson Rodeo Parade.

   b.   Under six (6) years of age to participate as a passenger on a drawn entry in the Tucson Rodeo Parade.

   c.   Under eight (8) years of age to participate on horseback in the Tucson Rodeo Parade.

   (b)   The provisions in this subsection (b) apply only to the following events: the Tucson Rodeo Parade; the Downtown Parade of Lights; the Veteran's Day Parade; and the St. Patrick's Day Parade.

   (1)   It is unlawful for any person to block, hamper, obstruct or impede the passage of, any person, equipment, float, bicycle, motor vehicle, other vehicle, or animal participating in a parade.

   (2)   It is unlawful for any person to interfere with, grab at, take hold of, hit, pull, or push any person, equipment, float, bicycle, motor vehicle, other vehicle or animal participating or used in a parade, or anything in the possession of any participant in the parade. This subsection does not apply to persons who are authorized participants in the parade and whose duties include the management and control of equipment, vehicles or animals.

   (3)   It is unlawful for any person to remove, displace or interfere with any lawfully placed sign, barricade, or other property or equipment used in connection with the closure of streets for, or other regulation of, a parade.

   (4)   It is unlawful for any unauthorized person or vehicle to be on any roadway designated as a parade route, parade staging area, or parade dispersal point.

   (5)   It is unlawful for any person to disobey the order of a police officer attempting to control traffic or crowd movement at a parade.

   (6)   It is unlawful for any entrant in a parade to ride any animal or operate any vehicle, including any drawn or motor vehicle, with any alcohol or intoxicant in his or her system.

(Ord. No. 6641, § 1, 2-9-87; Ord. No. 10494, § 1, 1-15-08)

Sec. 11-70. Police authority over Rodeo Parade peddlers.

Any provision of law to the contrary notwithstanding, peddlers at or near the Tucson Rodeo Parade may be limited with respect to areas of operation, items for sale, or access to spectators by order of any police officer on duty at the Parade deemed necessary to preserve and protect the public safety. It shall be unlawful for any person to disobey any such order by any such officer.

(Ord. No. 6641, § 1, 2-9-87)