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)

Sec. 11-70.1. Operating motor vehicle off the roadway prohibited; definitions; exceptions; impoundment; hearing; penalties.

   Sec. 11-70.1(1). Operating Motor Vehicle off the Roadway within One-Fourth Mile of a Structure Prohibited. It is a civil infraction for any person to operate a motor vehicle off the roadway within one-fourth mile of any structure, occupied or not, within the city. It is not a defense that the operator of the motor vehicle did not know he was operating within one-fourth mile of a structure.

   Sec. 11-70.1(2). Definitions.

   (a)   Motor vehicle means any vehicle as defined under Arizona state law, or any vehicle, whether required to be licensed or not, propelled wholly or in party by a motor.

   (b)   Operate means driving or controlling a vehicle whether moving, running or not.

   (c)   Roadway means any dedicated street or alley or any road or parking lot generally open to the public for purposes of vehicular travel. For purposes of this section, "roadway" shall include any private driveway or private property utilized by the property owner or any invitee or licensee thereof for any purpose other than access to or entry onto a dry wash or riverbed.

   (d)   Structure means any building used or capable of being used for any residential, commercial, agricultural or governmental purpose.

   (e)   Dry wash or riverbed is defined as a watercourse having beds, banks, sides and channels through which either waters currently flow, at least periodically, or through which waters flowed but no longer flow.

   Sec. 11-70.1(3). Exceptions. The provisions of this section shall not apply:

   (a)   When the person is the owner of the property or has the written permission to operate a motor vehicle off the roadway on the property except that permission cannot be granted to drive a motor vehicle in a dry wash or riverbed within one-fourth mile of a structure. The written permission must be in the person's possession and must be shown upon demand to the law enforcement officer and the permission shall contain the notarized signature of the person legally entitled to possession of said property.

   (b)   When the person is operating an authorized emergency vehicle including towing services.

   (c)   When the person is operating a motor vehicle actually used in the process of farming or ranching.

   (d)   When the person is operating a motor vehicle owned by a business or enterprise licensed by the city and used in the legitimate off-road operations of the business or enterprise, such as sand and gravel operations, land surveying operations, construction companies, utility companies, and other similar enterprises.

   (e)   When the person is a governmental employee operating a vehicle while on government business.

   (f)   When the person is operating a golf cart on a golf course.

   Sec. 11-70.1(4). Impoundment of the Vehicle, Hearing Procedures. The citing authority shall impound or cause to be impounded any motor vehicle operated in violation of this section and issue a civil citation giving notice that there shall be a hearing within forty-eight (48) hours excluding weekends and holidays before a hearing officer. The hearing officer shall determine the responsibility of the operator and the release of the vehicle pursuant to the following procedures:

   (a)   The defendant shall admit or deny the allegations of the citation. If the defendant admits the allegations, the hearing officer shall immediately enter judgment against the defendant. If the defendant denies the allegations, the hearing officer shall hold the hearing immediately. If the defendant fails to appear as directed on the citation, the hearing officer shall enter a default judgment against the defendant and order the police department to continue to hold the impounded vehicle and dispose of the vehicle pursuant to sections 20-13 and 20-14 of this Code.

   (b)   Immediately after the hearing, if the hearing officer determines the existence of a violation, the hearing officer shall enter judgment in favor of the plaintiff and penalties shall be assessed pursuant to this section. Otherwise, judgment shall be entered in favor of the defendant.

   (c)   If a continuance is granted to the defendant for good cause, the impounded vehicle may be released upon the posting of a cash bond covering the cost of the towing, impoundment and potential fine. If a continuance is granted to the city for good cause, the impounded vehicle shall be released forthwith without the necessity of a bond.

   (d)   If a case is continued, the hearing officer shall set the hearing within thirty (30) days.

   (e)   If judgment is entered in favor of the defendant the impounded vehicle shall be released forthwith to the operator or owner of the impounded vehicle without any towing or impoundment cost and any bond posted shall be returned to the person posting the bond.

   (f)   In the event of a conflict between the provisions of this section and the provisions of chapter 8 of this Code, the provisions of this section shall control.

   Sec. 11-70.1(5). Penalties, Return of Impounded Vehicle.

   (a)   If judgment is entered against the defendant, the hearing officer shall impose a fine for a first offense of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) per violation. For a second offense, the hearing officer shall impose a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) per violation. The imposition of any fine under this section shall not be suspended. If there is a bond posted, the bond shall be forfeited except when posted by a person other than the defendant.

When the bond is posted by someone other than the defendant, the bond shall be held for ten (10) days, unless the penalties are paid earlier. Notice shall be sent to the person posting the bond informing the person that the bond will be forfeited unless the penalties are paid within ten (10) days from the date judgment was entered. If after notice has been sent to the poster of the bond and the penalties are not paid within the prescribed 10-day period, the hearing officer shall order the bond to be forfeited.

   (b)   The hearing officer shall order the release of the impounded vehicle to the operator or owner upon payment of the fine, towing and impoundment fees.

   (c)   If the fine, towing and impoundment fees are not paid within ten (10) days, the hearing officer shall inform the police department to proceed pursuant to section 20-13 and 20-14 of this Code.

(Ord. No. 6675, § 1, 3-23-87; Ord. No. 8958, § 3, 9-22-97)

   Editors Note: Section 1 of Ord. No. 6675, adopted Mar. 23, 1987, added § 11-70, which the editor has redesignated § 11-70.1 in order to avoid duplication of section numbers.