Last Modified onChapter 24 PARKS AND RECREATION*
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Charter references: Parks and Recreation Board, ch. XXIII.
Cross references: Parks and Recreation Department, § 2-30; park rangers, § 2-30.1; Parks and Recreation Board, § 2-206 et seq.; Parks and Preserve Initiative Oversight Committee, § 2-1201 et seq.; loitering in parks, playgrounds or recreational areas during hours of closure, § 23-8; camping in certain places prohibited, § 23-30; street vending in or near public parks, § 31-24.
State law references: Parks authorized, A.R.S. §§ 9-494, 11-932.
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Article I. Public Swimming Pools
Sec. 24-1. Definitions.
Sec. 24-2. Scope.
Sec. 24-3. Authority of Health Officer.
Sec. 24-4. Health Officer's right of entry.
Sec. 24-5. Construction of buildings– Generally.
Sec. 24-6. Dressing rooms– Construction.
Sec. 24-7. Showers, toilets, and other facilities– Construction.
Sec. 24-8. Lighting and ventilation.
Sec. 24-9. Construction of pools– Generally.
Sec. 24-10. Pool scum gutters– Construction.
Sec. 24-11. Pool stairs, ladders and steps– Construction.
Sec. 24-12. Spectators' galleries and enclosure of pools– Construction.
Sec. 24-13. Pool runways– Construction.
Sec. 24-14. Pool diving boards, towers, floats, and platforms– Construction.
Sec. 24-15. Operation of pools generally.
Sec. 24-16. Sanitary regulations for pools.
Sec. 24-17. Chemical and bacteriological content of water.
Sec. 24-18. Cleanliness of water.
Sec. 24-19. Sanitary and safety requirements for bathers.
Sec. 24-20. Supervision of bathers; emergency equipment.
Sec. 24-21. Bathing suits.
Sec. 24-22. Pollution of swimming pools prohibited.
Sec. 24-23. Restrictions on after-hour swimming.
Secs. 24-24– 24-30. Reserved.
Article II. Offenses Against Public Peace, Public Safety and Property in Parks and Mountain Preserves
Division 1. General Provisions
Sec. 24-31. Definitions.
Secs. 24-32– 24-35. Reserved.
Division 2. Miscellaneous Offenses
Sec. 24-36. Entering park areas closed to public use.
Sec. 24-37. Vandalism in a park.
Sec. 24-38. Beer in parks.
Sec. 24-39. Glass containers in parks.
Sec. 24-40. Prohibition of commercial sales activities in public parks.
Sec. 24-41. Emergency park closure; restrictions.
Sec. 24-42. Restrictions on smoking and fires in parks and mountain preserve areas.
Sec. 24-43. Prohibition of wheeled devices in public parks.
Sec. 24-44. Discharge of firearms in parks; exceptions; classification.
Sec. 24-45. Limitations on firearms possession in parks; exceptions; classification; definitions.
Secs. 24-46– 24-50. Reserved.
Division 3. Traffic and Parking Regulations
Sec. 24-51. Operation and parking of vehicles in parks; posting and exemptions; penalties.
ARTICLE I.
PUBLIC SWIMMING POOLS*------------
Cross references: Building regulations, ch. 9; offenses against public health, § 23-44 et seq.
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Sec. 24-1. Definitions.
Clean water: Water meeting chemical, physical and bacterial standards as provided in this article.
Health Officer: The Health Officer of the County or his duly authorized representatives.
Pools:
(a) Existing pools: All swimming pools, bathing places or wading pools that are in operation at the time of the passage of this article.
(b) New pools: All pools, bathing places or wading pools that are not in operation, or are in the process of construction or are being altered or remodeled or are to be constructed at some future date from the time of the passage of this article.
(c) All regulations apply to existing pools unless new pools are specified.
(Code 1962, § 31-1)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 24-2. Scope.
The provisions of this article shall apply to all bodies of water within the confines of the City, used collectively by numbers of persons for swimming or recreative bathing or wading, together with the shores, buildings, equipment and appurtenances pertaining to such places, with the following two exceptions:
(a) Public or semipublic baths, where the main object is the cleansing of the body or the practicing of the healing art, unless such baths contain pools or tanks used collectively by a number of individuals.
(b) Private pools maintained by individuals for the sole use of their household and guests.
(Code 1962, § 31-2)
Sec. 24-3. Authority of Health Officer.
The City Health Officer shall enforce all rules and regulations of sanitation and cleanliness of swimming pools, bathhouses, public swimming pools, wading pools and bathing places and rules and regulations governing all related appurtenances. He is hereby empowered to make and enforce such rules and regulations not inconsistent with this article as may be deemed proper and necessary to properly safeguard health and safety.
(Code 1962, § 31-3)
Sec. 24-4. Health Officer's right of entry.
For the purpose of this article, the City Health Officer shall at all reasonable times have full power and authority to enter upon any and all parts of the premises of bathing and swimming places, to take water samples, to make examinations and inspections, to determine the sanitary condition of such places and to determine whether the provisions of this article are observed.
(Code 1962, § 31-4)
Sec. 24-5. Construction of buildings– Generally.
(a) Pools used simultaneously by both sexes shall be provided with separate entrances and exits for men and women. There will be no connection between men's and women's quarters.
(b) Buildings shall be constructed and finished in a workmanlike manner. Interior surfaces shall be smooth finished, of light color and maintained in good repair.
(c) There shall be provided adequate ventilation and artificial or natural lighting throughout the pool, hallways, toilets, dressing rooms, shower rooms and all other places used by the public or in operation of the pool.
(d) Dressing rooms shall contain sufficient area to avoid congestion, as approved by the City Health Officer, and shall not open directly to the pool.
(e) The construction of new pools must be such that the bather is required to pass through the toilet room, go through the shower room and enter the foot bath before entering the pool. Provision must be made for bathers leaving the pool to pass through a separate exit leading to dressing rooms. In new pool construction, entrances and exits must be located at the shallow water portion of the pool.
(Code 1962, § 31-5)
Sec. 24-6. Dressing rooms– Construction.
(a) Bathhouses to be used simultaneously by both men and women shall have two parts, one for each sex, entirely separated by tight partitions.
(b) Floors of all dressing rooms, locker rooms, and other facilities shall be of smooth finished material, impervious to moisture, with no open cracks or joints. All flooring shall have a pitch of at least one-fourth inch to the foot and shall slope to a proper drain to permit washing down with a hose. All junctions of flooring with side walls and partitions shall be finished with rounded joints.
(c) Floors of change rooms and dressing rooms shall be washed daily with a solution of at least one hundred parts per million available chlorine, or other bactericidal solution approved by the City Health Officer.
(d) Walls and partitions of all dressing rooms, locker rooms, and other facilities shall be of smooth impervious material, without open cracks or joints. If walls of wood or similar material are used, all cracks or joints shall be filled, and the surface kept finished with paint or other sanitary waterproof coating. Partitions between individual dressing compartments shall terminate not less than four inches above the floor to permit flushing of entire floor area.
(e) All furniture used in dressing rooms shall be of simple character and of easily washable material. Lockers, where provided, shall be of vermin-proof construction with tight joints. All lockers, or other places where clothing is kept, shall be clean and properly ventilated, as required by the City Health Officer.
(f) All dressing rooms and appurtenances must be kept clean at all times.
(Code 1962, § 31-6)
Sec. 24-7. Showers, toilets, and other facilities– Construction.
(a) Adequate shower bath facilities with soap and hot and cold water must be provided at all pools. The minimum number of showers provided shall be in the proportion of one for each forty bathers expected at the time of maximum load. At pools where mixed bathing is permitted, it shall be assumed that two-thirds of the bathers at the time of maximum load will be men.
(b) Bathers entering or leaving the pool shall be required to pass through a footbath at least four inches deep and of a length sufficient to prevent bathers from stepping over it.
(c) Adequate and proper toilet facilities for each sex must be provided at all pools. The minimum number shall be one toilet for each forty women, and one toilet and urinal for each sixty men. Toilets and urinals shall be of a type to meet the approval of the City Health Officer, and installed to meet the requirements of the City Plumbing Code.
(d) Water flush toilets shall be located as approved by the City Health Officer.
(e) Lavatories located adjacent to toilets should be provided at all swimming pools in the proportion of one bowl to each sixty persons using the pool at the time of maximum load.
(f) The floors of all toilet, lavatory and shower rooms shall pitch three-eighth inches per foot to well-constructed and properly placed drains.
(Code 1962, § 31-7)
Sec. 24-8. Lighting and ventilation.
(a) A complete system of artificial lighting must be provided for all pools, bathhouses, dressing rooms, and other facilities which are to be used at night.
(b) Lighting fixtures must be of such number and design as to light all parts of the swimming pool and the water therein.
(c) Arrangements and design of lights must be such that lifeguards may see clearly every part of the bathing waters at a pool and all springboards, towers, floats and other bathing appurtenances without being blinded by the lights.
(d) New indoor pools shall be so located that they may be lighted during the day by windows on at least one side or by skylight. The window or skylight area shall not be less than one-half the area of the pool, including the runways.
(e) All pools and bathhouses, dressing rooms, shower rooms, toilets, and other facilities must be properly ventilated. Ventilation of indoor rooms must be so designed that direct drafts will not blow directly on bathers.
(f) All bathhouses, dressing rooms and hallways shall be adequately illuminated either artificially or naturally.
(Code 1962, § 31-8)
Sec. 24-9. Construction of pools– Generally.
(a) Any material which will provide a tight tank with smooth and easily cleaned surfaces may be used.
(b) In all pools the depth of water under diving boards shall be nine feet or more in proportion to the height of the diving board or platform, as approved by the City Health Officer.
(c) The slope of the bottom of any part of a new pool where the water is less than six feet shall not be more than one foot in each fifteen feet. There shall be no sudden changes or slope in the area where the water depth is less than six feet.
(d) The side and end walls of any new pool shall be vertical.
(e) The pool lining, including bottoms and sides up to runways, must be of white or light colored material and present a smooth, finished surface without cracks or joints. All corners must be rounded. Sand or earth bottoms will not be permitted.
(f) The outlet of the pool shall be plainly marked by a black or dark colored circle, unless the outlet grating is of conspicuous coloring. The marking on the side of the pool shall show one-foot increments in depth.
(Code 1962, § 31-9)
Sec. 24-10. Pool scum gutters– Construction.
(a) Scum gutters shall extend completely around the pool. They shall be so designed that material entering them will not be washed out by a sudden surge of entering water and the danger of bathers catching arms and feet in them be reduced to a minimum. Gutters should be sufficiently deep so that bathers' fingers will not reach the bottom.
(b) Drainage outlets to the scum gutters shall be provided at least every ten feet and gutter bottoms shall pitch one-fourth inch per foot to these outlets.
(Code 1962, § 31-10)
Sec. 24-11. Pool stairs, ladders and steps– Construction.
(a) Steps and stairways for entering and leaving pools shall be of such construction as to minimize the danger of accidents. Ladders or stairways shall be located on one or both sides of the deep end of the pool. If the distance from the bottom of the pool to the runway is more than two feet, a ladder or steps shall also be placed at the shallow end of the pool. Treads of ladders or steps shall be of nonslip material.
(b) If step holes are provided, they shall be of such design that they may be readily cleaned and shall be provided with drains into the pool to prevent accumulation of dirt.
(c) Stairs, ladders or step holes shall have a handrail on both sides at the top leading out over the runway. Stairs shall not project into the pool.
(Code 1962, § 31-11)
Sec. 24-12. Spectators' galleries and enclosure of pools– Construction.
(a) There must be an absolute separation of the space used by spectators and that used by bathers or waders. There shall be no means by which bathers can enter the space reserved for spectators or vice versa. Spectators' quarters must have a separate entrance. Galleries for spectators shall not overhang any portion of the pool surface. The floor and foot rail of the gallery shall be of such tight construction as to prevent dirt tracked in from getting into the pool.
(b) Swimming and wading pools shall be enclosed so that bathers do not have access to unclean surfaces, such as earth, lawns or artificial sand beaches from which the bathers may track dirt and offensive material back to the pool.
Minimum Safe Depth Water Elevation of Diving Platforms 7 feet 3 feet 9 feet 5 feet 11 feet 7 feet 12 feet 10 feet 14 feet Over 10 feet (Code 1962, § 30-14)
Sec. 24-15. Operation of pools generally.
(a) Each swimming pool shall be operated under the close supervision of a well-trained operator who has demonstrated his ability to operate a public swimming pool.
(b) At any pool where chlorine, hypochlorite of lime or other chlorine compounds are used for disinfection, the operator must be supplied with the proper apparatus for making the ortho-tolidine test for excess chlorine and with permanent standards, maximum and minimum permissible chlorine in the water. Tests for excess chlorine in the water must be made at least once every day the pool is in operation.
(c) The pool operator must be supplied with the proper apparatus for testing the acidity or alkalinity and must make such test of the water every day that the pool is in use.
(d) Every pool operator must be supplied with a proper notebook or with blank forms on which shall be recorded, every day, the number of persons using the pool, the volume of new water added, the temperature of the water, the temperature of the air and the results and time of the taking of all acidity, alkalinity and excess chlorine tests. Whenever a pool is used by both males and females, the number of each, and whether adults or children, shall also be recorded. At all pools where artificial circulation, filtration, or any chemical treatment is used, a complete daily record must also be kept of the actual time pumps and filters are in operation, of how often each filter is washed or cleaned, of the time and amount of chemical used or added and of how often the bottom and sides of the pool are cleaned. Such records shall be open to inspection by the City Health Officer at any time the pool is in operation.
(e) The sides, walks and bottom of the pool shall be kept free of slime, moss and visible dirt.
(f) Floating scum, debris and sputum shall not be allowed to accumulate in the pool.
(g) The premises throughout shall be kept in a clean, orderly and sanitary condition, well ventilated and well lighted. Toilets shall be kept properly serviced with a supply of toilet paper. Toilet seats shall be kept clean and in good repair.
(Code 1962, § 31-15)
Sec. 24-16. Sanitary regulations for pools.
(a) Sanitary drinking fountains utilizing the slating jet principle with surrounding guard, under adequate pressure, shall be provided at convenient points near the pool. These fountains shall be so constructed that in the event the waste line is plugged, the jet or orifice shall not be inundated.
(b) The use of common towels, drinking cups, combs, hair brushes or other toilet articles is prohibited.
(c) All plumbing fixtures, water supply lines, etc., shall meet the requirements of the plumbing regulations of the City.
(d) Water added to any swimming pool or to any part of the swimming pool piping system from a domestic or drinking water system shall be added by an atmospheric drop with a free inflow, in order to prevent backsiphonage into any drinking water system. This shall be constructed in such a manner that it meets the approval of the City Health Officer.
(e) Waste water from the pool and its operation shall be disposed of in a manner approved by the City Health Officer.
(Code 1962, § 31-16)
Sec. 24-17. Chemical and bacteriological content of water.
(a) Whenever chlorine, calcium hypochlorite or other chlorine compounds are used for swimming pool disinfection, the amount of available or excess chlorine in the water at all times when the pool is in use shall not be less than two-tenths parts or more than five-tenths parts per million.
(b) The water at all times when the pool is in use shall show an alkaline reaction.
(c) At all times when the pool is in use the water shall be sufficiently clear to permit a black disk six inches in diameter on a white field, when placed on the bottom of the pool at the deepest point, to be clearly visible from the sidewalks of the pool at all distances up to ten yards, measured from a line drawn across the pool through the disk.
(d) Not more than ten percent of the samples covering any considerable period shall contain more than one hundred bacteria per cubic centimeter, and no single sample shall contain more than two hundred bacteria per cubic centimeter when plated on standard agar or litmus lactose agar for twenty-four hours.
(e) Not more than two out of five samples collected on the same day and more than three out of any consecutive samples collected on different dates shall show in ten centimeters of water a positive presumptive test for the colon aerogenes group.
(f) All chemical and bacterial analysis shall be made in accordance with the procedures recommended in the "Standard Methods of Water Analysis" of the American Public Health Association insofar as such methods are applicable to swimming pool water.
(Code 1962, § 31-17)
Sec. 24-18. Cleanliness of water.
(a) The total number of bathers using a swimming pool during any period of time shall not exceed twenty persons for each one thousand gallons of clean water added to the pool during that period. The term "clean water" shall be interpreted to mean clean water used to refill the pool, clean water used to replace loss by splashing water from the pool and returned after effective filtration, or any combination of such waters.
(b) At any pool where filtration or the addition of disinfectants is not continuous during the bathing period, the total number of persons permitted to use the pool between any two consecutive disinfections shall not exceed seven persons for each one thousand gallons of water in the pool, and each disinfection shall be sufficient to insure that all bacterial quality of the water shall conform to the limits stated in section 24-17.
(c) In new pools the capacity of the inlet water line and the filtration or other treating apparatus must be so designed that the complete filling of the pool or a complete turnover of the water in the pool may be effected in a six-hour interval.
(d) The rate of filtration for any new pool shall not be greater than three gallons per square foot per minute of surface area.
(e) The attendants shall always be limited at a swimming pool during any one period of time to the sum of the following two items:
(1) One person per twenty-seven square feet of pool surface area for that region with a depth of more than five feet.
(2) One person per ten square feet of pool surface area where the depth is less than five feet.
(f) In all swimming pool waters coming under the control of these regulations, a disinfectant must be used of a type and quantity as recommended by the City Health Officer. Sufficient disinfectant shall be used at each filling or addition of swimming pool water or during the use of the pool to insure clean water in the pool at all times.
(g) All pools shall be provided with an outlet, at the deepest point, of sufficient size to permit the pool to be completely drained in four hours or less. Outlets in the floor of the pool shall be at least four times the area of the discharge pipe to reduce suction currents. This opening must be covered with a proper grating. Where the width of the pool is greater than twenty feet, more than one outlet shall be provided. Outlets shall be spaced not more than twenty feet apart and not more than ten feet from sidewalks. In making connections of pool outlets with sewers, proper care must be taken to prevent any possibility of sewage from the building or from outside backing up into the pool.
(h) In the construction of new pools, inlets for fresh or repurified water shall be located to provide, as nearly as possible, a uniform circulation of water throughout the entire pool, as approved by the City Health Officer.
(Code 1962, § 31-18)
Sec. 24-19. Sanitary and safety requirements for bathers.
(a) All persons using a swimming pool must be required to take a cleansing shower bath in the nude, using warm water and soap suds and thoroughly rinsing off all soap suds, before entering the pool room or enclosure. A bath taken after donning a bathing suit shall not be considered as complying with these requirements.
(b) A bather leaving the pool room or enclosure for any reason shall take a foot bath before returning. A bather leaving the pool to use a toilet shall be required to take a second cleansing bath before returning.
(c) Signs shall be posted to instruct all bathers to use the toilet and particularly to empty the bladder before taking cleansing baths and entering the pool.
(d) Any person having any apparent skin disease, sore or inflamed eyes, cough, cold, nasal or ear discharge or wearing bands or bandages or having any communicable disease shall be excluded from a swimming pool except on presentation of a written permit of current date signed by the City Health Officer.
(e) Spitting, spouting water, blowing the nose, etc., in the pool shall be strictly prohibited. Bathers shall be instructed that the scum gutter is provided for expectoration.
(f) Divers shall be advised to wear rubber caps over the ears or to plug the ears with greased cotton to prevent inflammation and infection of the sinuses and inner ear cavities and passages by water forced in by concussion.
(g) No boisterous or rough play, except supervised water sports, shall be permitted in the pool, on runways, on diving boards, floats or platforms, or in dressing rooms, shower rooms, etc.
(h) Suitable placards embodying the above personal regulations and instructions and those relating to suits and towels shall be conspicuously posted in the pool room or enclosure and in the dressing rooms and offices at all swimming pools.
(Code 1962, § 31-19)
Sec. 24-20. Supervision of bathers; emergency equipment.
(a) One swimming instructor, bathing master or other qualified lifeguard with no other duties to perform, for each two hundred bathers or fraction thereof, shall be on duty at the pool side at all times when a pool is open for use by bathers. Such attendant shall be in full charge of bathing and have authority to enforce all rules of safety and sanitation.
(b) An attendant shall be on duty at the shower room or entrance to the pool to inspect all bathers for skin disease, open lesions, etc., and to insure that a proper cleansing bath has been taken.
(c) Swimming pool attendants and lifeguards shall be capable swimmers, competent in lifesaving methods and artificial resuscitation.
(d) No bather shall be permitted to enter the pool room or pool enclosure unless an attendant or other competent person is present.
(e) Whenever a pool is empty, entrance of all persons except pool attendants must be effectually prevented.
(f) Pole hooks, ropes, buoys and other necessary lifesaving equipment must be provided and be readily accessible at all bathing pools.
(g) A first aid kit containing aromatic spirits of ammonia, tincture of iodine, sterile gauze, absorbent cotton, surgeons' plaster and bandages of various widths shall be provided for emergency use at all public bathing places.
(h) A telephone must be provided at each pool with signs indicating its location. Hospital and doctors' telephone numbers shall be posted adjacent to the phone.
(Code 1962, § 31-20)
Sec. 24-21. Bathing suits.
Bathing suits shall be clean and free of excessive bacterial contamination. They shall be collected immediately following their use, thoroughly washed in hot water, disinfected, rinsed and dried after each use.
(Code 1962, § 31-21)
Sec. 24-22. Pollution of swimming pools prohibited.
Every person who willfully pollutes in any manner the water of any municipal swimming pool owned by the City shall be guilty of a misdemeanor.
(Code 1962, § 31-22)
Sec. 24-23. Restrictions on after-hour swimming.
It shall be unlawful for any person to swim in, or to enter with intent to swim or play in, any swimming pool, lagoon or other body of water in any park in the City at any time other than the regular hours during which time such swimming pool, lagoon or other body of water is open for swimming, or to swim in or enter with intent to swim or play in, any such swimming pool, lagoon or other body of water without authorization or license as may be required by park officials for such swimming pool, lagoon or other body of water.
(Code 1962, § 31-23)
Secs. 24-24– 24-26. Reserved.
Editor's note: Former §§ 24-24, 24-25 and 24-26 were renumbered as §§ 24-41, 24-42 and 24-43, respectively, by Ord. No. G-4320, § 1, passed 1-10-2001, eff. 1-10-2001.
Secs. 24-27– 24-30. Reserved.
ARTICLE II.
OFFENSES AGAINST PUBLIC PEACE, PUBLIC SAFETY AND PROPERTY IN PARKS AND MOUNTAIN PRESERVES*------------
Cross references: Morals and conduct, ch. 23.
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DIVISION 1.
GENERAL PROVISIONSSec. 24-31. Definitions.
In this article, unless the context otherwise requires:
1. Board means the Parks and Recreation Board.
2. Department means the Parks and Recreation Department.
3. Director means the Director of the Parks and Recreation Department.
4. Enter or remain unlawfully means an act of a person who enters or remains in an area closed to public use when such person's intent for so entering or remaining is not licensed, authorized or otherwise privileged.
5. Knowingly means, with respect to conduct or to a circumstance described by an ordinance defining an offense, that a person is aware or believes that his or her conduct is of that nature or that the circumstances exist. It does not require any knowledge of the unlawfulness of the act or omission.
6. Park means a park, parkway, trail, recreational area, playground, mountain park, open space area or mountain preserve area established, maintained, or administered by the City of Phoenix.
(Ord. No. G-3659, § 3; Ord. No. G-4419, § 5, passed 4-3-2002, eff. 5-3-2002)
Cross references: Definitions and rules of construction generally, § 1-2.
Secs. 24-32– 24-35. Reserved.
DIVISION 2.
MISCELLANEOUS OFFENSESSec. 24-36. Entering park areas closed to public use.
A. No person shall knowingly enter or remain unlawfully in any park except in those areas designated as open to public use by the Board.
B. The Director shall provide public notice of the designation of areas as open or closed to public use by publishing a map which shall be available for public review and inspection at the City Clerk's office and the Department's administrative offices and by any of the following:
1. Posting of appropriate signs or maps; or
2. Establishing physical barriers, including, but not limited to, posts, branches or rocks; or
3. Any other means reasonably calculated to give notice to the public of areas open or closed to public use.
C. The prohibitions of this section shall not apply to any person performing any work or activity which is authorized by the Director or the Director's designees.
D. A person who is convicted of a violation of this section is guilty of a Class 1 misdemeanor and shall be sentenced to pay a fine of not less than fifty dollars and to perform not less than eight hours of community service under the supervision of the Department. The court shall not suspend any part or all of the imposition or execution of any sentence required by this subsection.
(Ord. No. G-3659, § 4)
State law references: Penalty for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28).
Sec. 24-37. Vandalism in a park.
A. A person commits vandalism in a park by:
1. Defacing or damaging any public building, facility, structure, equipment or property, either real or personal, within a park; or
2. Defacing, damaging, disturbing or excavating any historical, prehistorical, archaeological, paleontological, or geological site or feature, or collecting specimens from any historical, prehistorical, archaeological, paleontological or geological site or feature, situated on land within a park; or
3. Destroying, digging up, mutilating, collecting, cutting, harvesting or removing any live or dead tree or plant within a park; or
4. Digging, or removing or excavating any sand, gravel, rocks or soil from, a park;
5. Killing, harming, taking, molesting or disturbing any animal, reptile, amphibian or bird within a park, except that fishing in a manner authorized by applicable State law is allowed.
B. A person who is convicted of a violation of this section is guilty of a Class 1 misdemeanor and shall be sentenced to pay a fine of not less than one hundred dollars and to perform not less than eight hours of community service under the supervision of the Department. The court shall require the person convicted to make restitution to the City of Phoenix in the full amount of the economic loss as determined by the court. The court shall not suspend any part or all of the imposition or execution of any sentence required by this subsection.
C. The prohibitions of this section shall not apply to any activity performed with the authorization of the Director Department or the Director's designees, or to any activity which is authorized by a lease with the City of Phoenix and which is performed at the direction of the lessee.
(Ord. No. G-3443, § 1; Ord. No. G-3659, § 5)
Cross references: Offenses against property, § 23-83 et seq.
State law references: Penalty for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28); criminal damage to property, A.R.S. § 13-1602.
Sec. 24-38. Beer in parks.
A. For the purposes of this section:
1. Beer means any beverage obtained by the alcoholic fermentation, infusion or decoction of barley malt, hops, or other ingredients not drinkable, or any combination of them.
2. Park means any park as defined in section 24-31, except:
(a) City of Phoenix golf courses during established hours of operation;
(b) Phoenix Municipal Stadium;
(c) Phoenix Zoo;
(d) The food concession facilities of any concessionaire permitted by the Board to operate in a park;
(e) Desert Botanical Garden;
(f) Any of the following facilities and places while reserved or rented for the private use of a person, group, or organization to the exclusion of the general public:
(i) Deer Valley Community Center.
(ii) Desert West Multigeneration Center.
(iii) East Lake Community Center.
(iv) Encanto Park Clubhouse.
(v) Heritage Square.
(vi) Los Olivos Senior Center.
(vii) Paradise Valley Community Center.
(viii) Patriot's Square.
(ix) Phoenix Community Center for the Arts.
(x) Schemer Art Center.
(xi) South Mountain Activity Complex.
(xii) South Phoenix Community Center.
(xiii) Sunnyslope Community Center.
(xiv) Telephone Pioneer Park.
(xv) Washington Adult Center.
(xvi) Encanto Park Boathouse.
(xvii) Heritage and Science Park.
(xviii) Maryvale Park– Manya Center.
(xix) Center for Community Arts.
(xx) Pueblo Grande Museum and Cultural Park.
(xxi) South Mountain Environmental Center.
(xxii) Margaret T. Hance Park– Urban Plaza.
(xxiii) Margaret T. Hance Park– Japanese Tea House.
(xxiv) Irish Cultural Center.
(xxv) Longview Recreation Center.
(xxvi) Tovrea Castle.
(xxvii) South Mountain Environmental Education Center.
(xxviii) Steele Indian School Park– Memorial Hall.
(xxix) Steele Indian School Park– Amphitheater.
(xxx) Deer Valley Community Center.
(xxxi) Paseo Highlands Community Center.
B. It shall be unlawful for any person to consume or have in his possession any beer in a park.
C. Subsection B of this section shall not apply to persons who have obtained a permit from the Director or his designee, authorizing them to possess or consume beer in a park, or are members of a group or organization which has obtained such a permit.
D. The Director is empowered to issue permits authorizing the consumption and possession of beer in a park and to adopt rules and procedures for the issuance of such permits.
(Ord. No. G-2145, § 1; Ord. No. G-3659, § 6; Ord. No. G-3818, § 2; Ord. No. G-3980, § 1, passed 1-8-1997, eff. 2-7-1997; Ord. No. G-4420, § 3, passed 4-3-2002, eff. 5-3-2002)
Cross references: Alcoholic beverages, ch. 6.
Sec. 24-39. Glass containers in parks.
A. It shall be unlawful for any person to have a glass beverage container in his possession in any park, except Heritage Square, the Encanto Clubhouse and Shemer Art Center and Museum. Any person who is convicted of a violation of this subsection is guilty of a Class 1 misdemeanor.
B. It shall be unlawful for any person to throw, toss or otherwise propel or either willfully and maliciously or carelessly and negligently break any glass object in a park. Any person who is convicted of a violation of this subsection is guilty of a Class 1 misdemeanor and shall be sentenced to pay a fine of not less than fifty dollars and to perform not less than eight hours of community service under the supervision of the Department. The court shall not suspend any part or all of the imposition or execution of any sentence required by this subsection.
C. The prohibitions of subsection A of this section shall not apply to persons who have obtained an exemption from the Director or the Director's designees authorizing them to possess a glass beverage container in a public park or who are members of a group or organization which has obtained such an exemption.
(Ord. No. G-2144, § 1; Ord. No. G-2493, § 1; Ord. No. G-2607, § 1; Ord. No. G-2890, § 1; Ord. No. G-3444, § 1; Ord. No. G-3659, § 7)
State law references: Penalty for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28).
Sec. 24-40. Prohibition of commercial sales activities in public parks.
(a) "Commercial sales activity" means the displaying for sale, selling, vending, peddling, or transfer of possession or ownership of an item for a price or for a stated minimum donation.
(b) This section shall not apply to the sale of newspapers, books, brochures or other printed material, or items which have imprinted upon them a religious, political, philosophical or ideological message relevant to the purpose of the organization selling the item.
(c) It shall be unlawful for any person to engage in a commercial sales activity in a public park without first having obtained a concession contract approved by the Parks and Recreation Board.
(d) A person conducting a commercial sales activity in a public park shall have in his or her possession a copy of the concession contract issued by the Parks and Recreation Board and shall produce it for inspection upon the request of a police officer or parks ranger.
(e) A violation of this section is a Class 1 misdemeanor.
(Ord. No. G-3901, § 1, passed 2-7-1996, eff. 2-7-1996; Ord. No. G-4699, § 1, adopted 5-11-2005, eff. 6-10-2005)
Sec. 24-41. Emergency park closure; restrictions.
(a) The City Manager or the Parks and Recreation Director or the Police Chief shall be authorized to direct that a park, playground or recreational area be closed for a period not to exceed seven days to all persons not authorized to be therein, when an emergency situation exists which requires for the protection of public health or safety that the premises be closed.
(b) It shall be unlawful for an unauthorized person to enter into or fail to vacate, a City park, playground or recreational area when adequate notice of emergency closure has been given.
(Ord. No. G-1027, § 2; Ord. No. G-3865, § 1; Ord. No. G-4320, § 1, passed 1-10-2001, eff. 1-10-2001; Ord. No. G-4419, § 5, passed 4-3-220, eff. 5-3-2002)
Sec. 24-42. Restrictions on smoking and fires in parks and mountain preserve areas.
A. No person shall smoke or start a fire in a park or mountain preserve area where one or more signs are posted prohibiting such activity.
B. The Director of the Parks and Recreation Department is authorized to post signs prohibiting smoking and fires in parks and mountain preserve areas when there is a risk of fire becoming uncontrolled due to dry vegetation or climatic conditions.
C. "Smoke" or "smoking" means the burning of any tobacco or other plant product.
(Ord. No. G-2638, § 1; Ord. No. G-3919, § 1, passed 4-17-1996, eff. 5-17-1996; Ord. No. G-4320, § 1, passed 1-10-2001, eff. 1-10-2001; Ord. No. G-4419, § 5, passed 4-3-220, eff. 5-3-2002)
Cross references: Fire prevention, ch. 15; smoking regulations, § 23-101 et seq.
Sec. 24-43. Prohibition of wheeled devices in public parks.
A. No person shall operate a skateboard, conventional or in-line roller skates, bicycle, wagon, or other wheeled vehicle or device in a public park where one or more signs are posted prohibiting such activity, or in a manner which causes injury to any person or damage to public or private property.
(Ord. No. G-3670, § 1; Ord. No. G-4320, § 1, passed 1-10-2001, eff. 1-10-2001)
Cross references: Bicycles, § 36-97 et seq.
Sec. 24-44. Discharge of firearms in parks; exceptions; classification.
A. Except as provided in subsection B, no person shall discharge a firearm in a park.
B. This section shall not apply to a person who discharges a firearm:
1. As allowed pursuant to A.R.S. tit. 13, ch. 4.
2. On a properly supervised range as defined in A.R.S. § 13-3107.
3. In an area recommended as a hunting area by the Arizona Game and Fish Department and approved and posted as required by the Police Chief; provided, however, that any such area may be closed when deemed unsafe by the Police Chief or the Director of the Arizona Game and Fish Department.
4. To control nuisance wildlife by permit from the Arizona Game and Fish Department or the United States Fish and Wildlife Service.
5. By special permit of the Police Chief.
6. As required by an animal control officer in performing duties specified in A.R.S. § 9-499.04, A.R.S. tit. 11, ch. 7, art. 6, and chapter 8, article III, Phoenix City Code.
7. In self defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.
C. A violation of this section is a Class 2 misdemeanor.
(Ord. No. G-4320, § 2, passed 1-10-2001, eff. 1-10-2001)