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Chapter 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
Secs. 24-1– 24-21. Reserved.
Sec. 24-22. Pollution of swimming pools prohibited.
Sec. 24-23. Restrictions on after-hour swimming.
Secs. 24-24– 24-26. Reserved.
Secs. 24-27– 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. Spiritous liquor in parks.
Sec. 24-46. Golfing.
Sec. 24-47. Horses, mules and other pack animals.
Sec. 24-48. Water activities: bathing, swimming or wading; boating; ice or water sliding; fishing.
Sec. 24-49. Remote control aircraft.
Sec. 24-49.1. Model rockets.
Sec. 24-50. Tennis courts.
Sec. 24-51. Operation and parking of vehicles in parks; posting and exemptions; penalties.
Sec. 24-52. Littering.
Sec. 24-53. Public address systems.
Sec. 24-54. Order to leave park; unlawful failure to comply.
ARTICLE I.
PUBLIC SWIMMING POOLSSecs. 24-1– 24-21. Reserved.
Editor's note: Ord. No. G-5144, § 1, adopted April 16, 2008, effective May 16, 2008, repealed §§ 24-1– 24-21 in their entirety to read as herein set out. Former sections pertained to similar subject matter and derived from Code 1962, §§ 31-1– 31-22.
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 in any park in the City at any time other than the regular hours during which time such swimming pool is open for swimming, or to swim in or enter with intent to swim or play in, any such swimming pool without authorization or license as may be required by park officials for such swimming pool.
(Code 1962, § 31-23; Ord. No. G-5144, § 1, adopted 4-16-2008, eff. 5-16-2008)
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 OFFENSES*------------
Editor's note: Ord. No. G-5144, § 2, adopted April 16, 2008, effective May 16, 2008, amended Ch. 24, Art. II, Divs. 2 and 3 in their entirety to read as herein set out. Former divisions pertained to similar subject matter. See the Code Comparative Table for a detailed analysis of inclusion.
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Sec. 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; Ord. No. G-5144, § 2, adopted 4-16-2008, eff. 5-16-2008)
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 Ord. No. G-5144, § 2, adopted 4-16-2008, eff. 5-16-2008)
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. Spiritous liquor 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.
3. Spiritous liquor means alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one per cent of alcohol by volume.
B. It shall be unlawful for any person to consume or have in his possession any spirituous liquor in a park except as provided in Subsection C of this section.
C. 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.
D. A person who has obtained a permit pursuant to Subsection C of this Section shall display the permit upon request. The permit holder and all persons covered by the permit shall abide by the stipulations of use set forth in the permit. The permit may be revoked for failure to comply with the requirements of this Subsection.
E. This Section shall not apply to premises for which a license has been issued pursuant to Title 4, Arizona Revised Statutes.
(Ord. No. G-5144, § 2, adopted 4-16-2008, eff. 5-16-2008)
Sec. 24-46. Golfing.
No person may make use of any golf club or ball in any park, except at places designated for golfing by the Director.
(Ord. No. G-5144, § 2, adopted 4-16-2008, eff. 5-16-2008)
Sec. 24-47. Horses, mules and other pack animals.
No person may bring a horse, mule or other pack animal into a park or preserve except on designated bridle trails or paths, equestrian areas, or other areas designated by the Director. If horses, mules or other pack animals are permitted in any area, they shall be properly restrained, under control and ridden in a safe manner. No horses, mules, or other pack animals shall be allowed to graze or go unattended, nor shall they be hitched to any fixed object other than a designated hitching rail. This Section shall not apply to a Law Enforcement Officer or person acting at the direction of a Law Enforcement Officer
(Ord. No. G-5144, § 2, adopted 4-16-2008, eff. 5-16-2008)
Sec. 24-48. Water activities: bathing, swimming or wading; boating; ice or water sliding; fishing.
A. No person may swim, bathe or wade in any body of water in a park or preserve, except in a swimming pool that is open to the public or rented.
B. No person may operate any boat, raft or other watercraft, including remote-controlled watercraft, on any body of water in any park or preserve except in accordance with rules promulgated by the Director.
C. No person may use a block of ice, water, or other object to slide within any park except in accordance with rules promulgated by the Director.
D. No person may fish in any body of water within a park without a valid state fishing license or urban fishing license issued by the Arizona Game and Fish Department. No person may exceed the legal bag limit as determined by the fishing regulations of the Arizona Game and Fish Department. The taking of any fish for any purpose from any body of water within a park by any means other than a fishing rod is prohibited. Fishing is permitted only in bodies of water approved for fishing by the Director and in accordance with rules promulgated by the Director.
(Ord. No. G-5144, § 2, adopted 4-16-2008, eff. 5-16-2008)
Sec. 24-49. Remote control aircraft.
A. No person may fly any remote controlled or self-propelled aircraft, including, but not limited to, radio controlled or control line model airplanes, helicopters, and gliders, in a park or preserve except in parks designated by the Director or designee in flying sites that meet the requirements of Subsection C of this Section.
B. In parks designated for operation of remote control aircraft, the Academy of Model Aeronautics (AMA) Safety Code is to be observed in flying radio-controlled or control line model airplanes, helicopters, and gliders. Persons flying radio controlled or control line model airplanes, helicopters, and gliders shall follow AMA guidelines and produce a current Academy of Model Aeronautics membership card. Only one remote control aircraft may be flown at a time.
C. Flying sites shall at all times remain unobstructed and a safe distance away from other park users. Dimensions of flying sites shall be no less than 400 feet on all sides. For purposes of this Section, "unobstructed" means an open park area that is level and free of trees, structures, and fences, and that is fully accessible for the retrieval of launched aircraft.
D. Children younger than 16 years of age shall be accompanied by an adult when flying model aircraft in City parks.
E. Model aircraft that exceed any of the specifications listed below may only be flown in City parks or preserves where there is a specifically developed model aircraft flying site with spectator control fencing, established runways, flight pads or flying circles, and safety barriers for the protection of pilots and callers.
1. Fueled radio controlled model airplanes with an engine size of .20 cubic inches, wingspan of 60 inches, or weight of 3 pounds.
2. Electric powered radio controlled model airplanes with a wingspan of 80 inches or weight of 3 pounds.
3. Radio controlled helicopters with a main blade diameter of 40 inches or a weight of 3 pounds.
4. Radio controlled gliders with a wingspan of 80 inches or weight of 3 pounds.
5. Control line model airplanes with a single engine size of .25 cubic inches.
(Ord. No. G-5144, § 2, adopted 4-16-2008, eff. 5-16-2008)
Sec. 24-49.1. Model rockets.
A. No person may use any model rocket in a park or preserve except in parks designated by the Director or his or her designee in launch sites that meet the requirements of Subsection C of this Section.
B. Persons using model rockets in a designated park shall observe and abide by the National Association of Rocketry Safety Code and Safety Zone Requirements. Rockets shall not be launched in unsafe weather conditions or when wind speeds are greater than 20 miles per hour.
C. Launch sites shall be unobstructed and a safe distance from other park users. For purposes of this Section, "unobstructed" means an open park area that is level, free of trees, structures and fences, and is fully accessible for retrieval of launched equipment. Dimensions shall be no less than 400 feet on all sides.
D. Only rocket engines sizes "A" or "B" are permitted. Rocket engine size "C" and larger are prohibited from launching in parks.
E. Children younger than 16 years of age shall be accompanied by an adult when launching model rockets in parks.
(Ord. No. G-5144, § 2, adopted 4-16-2008, eff. 5-16-2008)
Sec. 24-50. Tennis courts.
A. No person may walk, play upon or otherwise use any tennis court in any park unless the person is wearing flat, soft tennis shoes without raised heels of any kind.
B. No person may skate, operate any wheeled device or drive any vehicle upon any tennis court in any park. No person shall use a tennis court for any purpose other than to play or practice the game of tennis.
C. No person may give any tennis lessons on any tennis court in any park for compensation or fees of any sort, except when lessons are offered as part of a recreation program sponsored by the City or when lessons are offered by a concessionaire who has contracted with the City.
(Ord. No. G-5144, § 2, adopted 4-16-2008, eff. 5-16-2008)
Sec. 24-51. Operation and parking of vehicles in parks; posting and exemptions; penalties.
A. No person shall drive any vehicle within a park except upon paved roads or drives or in paved parking areas, or in other areas authorized as parking areas by the Director or the Director's designees.
B. No person shall park or stand a vehicle in a park except within a designated space in a designated parking area, or in other areas authorized as parking areas by the Parks Director or the Director's designees. No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the shoulder or berm of any road or drive within a park except in case of a medical emergency or unless the vehicle is disabled. No person shall park or stand a vehicle in a parking area of a park during the hours that the park is posted as closed unless authorized to do so by the Parks Director or the Director's designee.
C. The prohibitions of this ordinance, concerning driving, parking and standing, shall be conspicuously posted near all entrances to any park. The prohibitions of this ordinance shall not apply to persons exempted by the Director or the Director's designees, or to persons performing work which is authorized by a lease with the City of Phoenix or concession agreement with the Board and which is performed at the direction of the lessee or concessionaire.
D. A person who is convicted of a violation of Subsection A 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 not suspend any part or all of the imposition or execution of any sentence required by this Subsection.
E. A person who violates Subsection B of this Section is subject to a Civil Sanction. The Court shall impose:
1. A minimum Civil Sanction of not less than fifty dollars if the Court finds that the person violated Subsection B by parking or standing a vehicle less than ten feet from a paved road or drive, or paved parking area, or any other authorized parking area, or by parking or standing a vehicle other than within a designated space in a designated parking area.
2. A minimum Civil Sanction of not less than one hundred dollars if the Court finds that the person violated Subsection B by parking or standing a vehicle ten feet or more from a paved road or drive, or paved parking area, or any other authorized parking area. The Court shall not suspend any part or all of the imposition or execution of any sanction required by this Subsection.
F. For the purposes of this Section, "vehicle" means any motor-powered or self-propelled vehicle, except a motorized wheelchair, bicycle or animal-drawn conveyance.
(Ord. No. G-5144, § 2, adopted 4-16-2008, eff. 5-16-2008)
Sec. 24-52. Littering.
No person may dump, deposit or leave any bottles, cans, ashes, paper, boxes, food, garbage or other waste in a City park, except for the disposal of such materials in proper receptacles provided by the City for such materials. If no receptacles are provided, or if the receptacles are full, all such materials shall be removed from the park by the person who provided them.
(Ord. No. G-5144, § 2, adopted 4-16-2008, eff. 5-16-2008)
Sec. 24-53. Public address systems.
No person may use any public address system in any park or preserve without first obtaining a permit from the Director. Noise shall remain at a level that does not disturb the reasonable use of the park facilities by others. The determination of whether the noise level disturbs the reasonable use of the park facilities may be made by representatives of the Police or Parks and Recreation Departments, who may immediately revoke the permit.
(Ord. No. G-5144, § 2, adopted 4-16-2008, eff. 5-16-2008)
Sec. 24-54. Order to leave park; unlawful failure to comply.
The Director or designee may order any person who has violated any park rule, regulation or stipulation of usage or any other Federal, State or Local Law to immediately leave the park in which the violation occurred. No person may remain in a park or return to such park on the same day after such person has been ordered to leave the park.
(Ord. No. G-5144, § 2, adopted 4-16-2008, eff. 5-16-2008)
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