Division 3. Obstructing Streets, Sidewalks, and Other Public Places1
1Cross reference—Obstructing streets, sidewalks or other public grounds by injurious, indecent or offensive acts, § 23-9; streets and sidewalks, ch. 31.
State Law reference—Authority to prohibit obstructions to places of public passage, A.R.S. §§ 9-499.01, 9-240(B)(15), 9-276(A)(2); obstructing highways or public thoroughfare, A.R.S. § 13-2906.
Sec. 23-25. Building material on streets and sidewalks.
It shall be unlawful for any person engaged in the construction of any building, or other public or private improvement, to leave any rock, brick, mortar, lumber or any building material of any kind whatsoever on any street, alley or sidewalk for more than three days after the completion of such improvement. (Code 1962, § 27-7)
Sec. 23-26. Excavations in the streets; lighting at night.
Any person who shall make any excavation or dig any hole, drain or ditch in any highway or thoroughfare in the City without providing a sufficient light at night and a temporary fence or suitable obstruction around or in front of such excavation during the day shall be guilty of a misdemeanor. (Code 1962, § 27-28)
Cross reference—Restoration of streets by cable television licensees, § 5-45; restoration of streets by industrial gas pipeline licensees, § 5A-27; telecommunications facilities in right-of-way, § 5B-11 et seq.; building regulations, ch. 9; sewers, ch. 28; digging ditches across streets, § 31-7; water, ch. 37.
Sec. 23-27. Tampering with barricades and lanterns.
It shall be unlawful for any person to remove, extinguish or destroy any lantern that has been placed upon any public street or sidewalk for the purpose of warning pedestrians or persons traveling in vehicles at night that such street or sidewalk has been closed to public use, and it shall be unlawful for any person to remove, destroy or otherwise interfere with any construction placed upon any public street or sidewalk in the City for the purpose of preventing accidents or warning pedestrians or persons traveling in vehicles that the street or sidewalk has been closed to travel. (Code 1962, § 27-72)
Sec. 23-28. Throwing nails, broken glass, and other objects on streets, sidewalks, or other public places.
It shall be unlawful for any person, either willfully and maliciously or carelessly and negligently to drop, throw, place or scatter upon any street, alley, sidewalk or public place in the City any nails, tacks, broken glass, glass bottles, or any instrument or thing whatsoever of such nature as to be capable of injuring the feet of horses or the tires of vehicles. (Code 1962, § 27-74)
Cross reference—Streets and sidewalks, ch. 31.
Sec. 23-29. Sweeping sidewalks.
a. It shall be unlawful for any person to sweep the dust, dirt, cumulations, refuse or deposits from any building onto any public sidewalk in the City, but the same at the time of sweeping, shall be gathered up and deposited into some suitable receptacle approved by the Health Officer.
b. It shall be unlawful for any person to sweep the dust, dirt, accumulations, refuse or deposits on any public sidewalks into any street or gutter within the City. (Code 1962, § 27-71)
State law reference—Littering, A.R.S. § 13-1603.
Sec. 23-30. Camping.
A. It shall be unlawful for any person to camp in any park or preserve, or in any building, facility, or parking lot or structure, or on any property adjacent thereto, that is owned, possessed and controlled by the City, except as permitted in paragraph C below.
B. For the purposes of this section the term "camp" means to use real property of the City for living accommodation purposes such as sleeping activities, or making preparations to sleep, including the laying down of bedding for the purpose of sleeping, or storing personal belongings, or making any fire, or using any tents or shelter or other structure or vehicle for sleeping or doing any digging or earth breaking or carrying on cooking activities. The above-listed activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area for living accommodation purposes regardless of the intent of the participants or the nature of any other activities in which they may also be engaging.
C. The Director of the Parks and Recreation Department may, in accordance with the Parks and Recreation Department’s established procedures, issue special use permits or reservations to authorize youth organizations to camp or park vehicles overnight in a park or preserve. Nothing in this section shall be interpreted to prohibit camping or overnight parking sponsored by the City of Phoenix. (Ord. No. G-3552, § 1; Ord. No. G-4660, §§ 1, 2, 2004)
Cross reference—Parks and recreation, ch. 24.
Sec. 23-31. Barbed or brush fences; temporary construction security fences.
A. It shall be unlawful for any person to build, construct or erect within the City any fence of barbed wire, brush or branches of trees. Any such fence shall be removed within 20 days after notice by the Chief of Police has been given to the owners or occupants of lots on which such fences are built, and if not so removed the Chief of Police shall remove the same at the cost of the owner of such lots, and expenses thereof shall be charged as taxes and become a lien against the property, and collected as taxes are collected. Any person building, constructing or erecting any such fence or refusing to remove from any premises owned, occupied or controlled by him any such fence shall be guilty of a misdemeanor.
B. Notwithstanding the provisions of subsection A of this section, fencing may be topped with not more than four strands of barbed wire strung on extension barbed-arms; provided, that the lowest strand shall be a minimum of six feet two inches from the surface of the ground, and such extension barbed-arm shall not be at an angle greater than forty-five degrees from the vertical projection of the post. In no event shall any barbed wire be placed closer than six feet two inches from the ground, and in no event shall the extension barbed-arm extend beyond the property line of the property on which the fence is situated.
C. Nothing in subsections A and B shall affect the application of the pertinent provisions of the Zoning Ordinance and the Building Code of the City.
D. Notwithstanding the provisions of the Phoenix Zoning Ordinance and of subsection A of this section, for a period of one year beginning January 10, 2001, temporary construction security fences may be installed within the area of the property approved for grading or construction for which a valid building permit is still active. Said fence may be up to eight feet in height and may be topped with strands of barbed wire as described in subsection B Such fences shall be removed prior to completion of construction or expiration of the building permit, whichever occurs earlier.
E. This Section shall not apply to barbed wire fence used to contain cattle that complies with the Arizona Department of Transportation standard for barbed wire fence provided that barbed wire fencing cannot be used on any parcel of land under 10 acres in size. (Code 1962, § 27-3; Ord. No. G-4323, § 1, 2001; Ord. No. G-5434, § 1, 2009; Ord. No. G-5721, 2012)
Cross reference—Zoning, ch. 41.
Sec. 23-32. Encroachment of trees, shrubs or bushes prohibited; penalty.
a. It shall be unlawful for any person to permit trees, shrubs or bushes growing upon their property to encroach and interfere with a traffic control device, the passage of persons or vehicles, or the flow of drainage water over or on any public right-of-way or easement.
b. In the event of any violation of this section, in addition to the penalty set forth in Section 1-5, Code of the City of Phoenix, the City, at the direction of the Director of Streets and Traffic, is authorized to take the following actions:
1. Where the interference is with a traffic control device, the passage of people or the flow of drainage water, the City is authorized, after giving the owner of the real property seven days’ notice, to go upon said property to take any action reasonably necessary to effect full compliance with the provisions of this section, and a fee totaling twice the cost thereof shall be charged against the owner of said real property and shall be a lien against the property from which such obstruction is removed.
2. Where the interference affects the safe operation or passage of motor vehicles, the City is authorized, after giving the owner of the real property twenty-four hours’ notice, to go upon said real property and to take any action reasonably necessary to effect full compliance with the revisions [provisions] of this section, and a fee totaling twice the cost thereof shall be charged against the owner of said real property and shall be a lien against the property from which such obstruction is removed.
c. The lien created by this section shall run with the land and the City, in its sole option, may record the lien with the County Recorder.
d. Service of notice. Notice shall be served on the owner, lessee or person occupying such property by the City’s authorized representative by personal service in a manner provided in Rule 4(d) of the Arizona Rules of Civil Procedure, or mailed to the owner, lessee or person occupying such property at his last known address or, if unknown, the address to which the tax bill for the property was last mailed. Such mailed notice shall be certified or registered mail. If the owner does not reside on such property, a duplicate notice shall also be sent to him at his last known address or, if unknown, the address to which the tax bill for the property was last mailed. For service of notice under this section the lessee and the occupant of the property shall each be deemed to be the agent of the owner.
e. An owner, lessee or occupant (hereinafter referred to as appellant) who objects to the notice or to the amount of the charge may obtain a review by filing his objections in writing with the City Auditor Department within the time specified in the notice or no later than thirty days following the day upon which the first billing was mailed to him. The written objection shall include the following:
1. Statement of the amount under protest;
2. Statement of the reason why the notice or billing was incorrect and should be adjusted; and
3. Request for a hearing if one is desired.
If a hearing is not requested, a decision will be made on the protest based on the written evidence submitted.
f. The protest shall be assigned to and considered by a hearing officer permanently assigned to such position within the office of the City Auditor, or a person ("hearing officer") designated by the City Auditor. Such hearing officer or designee shall in no event be an employee of the Streets and Traffic Department.
g. The hearing officer shall provide to the Streets and Traffic Department a copy of the appellant’s protest and shall request from the Streets and Traffic Department a response to the issues raised. The Streets and Traffic Department shall submit to the hearing officer, and to the appellant, a written response to the hearing officer’s request within thirty days of receipt of such request.
h. Upon receiving a written request for an extension of time at any time prior to a deadline in this section, the hearing officer shall be empowered to grant extensions of time.
i. A hearing, if requested, shall be scheduled as soon as practicable after the response in subsection (g) is submitted. The conduct of the hearing will be in accordance with rules and procedures established by the City Auditor. Hearings shall be conducted informally and the rules of evidence shall not apply, except that the decision of the hearing officer shall be made solely upon substantial and reliable evidence. The appellant shall have the opportunity to appear with witnesses and counsel to present information on behalf of the appellant. All expenses incurred in the hearing, including counsel fees, witness fees, mileage, reproduction of documents, and other similar costs, shall be borne by the party who incurred them.
j. After the hearing on the matter, the hearing officer shall, within thirty calendar days, make a written determination on the evidence presented. The determination shall consist of findings of fact and the disposition of the dispute.
k. The hearing officer shall be empowered to make a final decision as to the validity of the appellant’s objection. If the hearing officer determines the appellant’s objection to be valid, the officer shall be empowered to make an appropriate adjustment to the appellant’s bill or notice. The determination of the hearing officer shall be final and conclusive between the City and the appellant as to the objection submitted for determination. If the hearing officer determines that an amount is due from the appellant to the City, the amount shall be immediately due and payable upon issuance of the written determination provided in subparagraph (j). (Ord. No. G-756, § 1; Ord. No. G-1868, § 4; Ord. No. G-3076, § 1)
Cross reference—Trees and vegetation, ch. 34.
Sec. 23-33. Escape of water prohibited.
It shall be unlawful for any person to willfully or negligently permit or cause the escape or flow of water from any source in such quantity as to cause flooding, to impede vehicular or pedestrian traffic, to create a hazardous condition to such traffic, to create a condition which constitutes a threat to the public health and safety, or to cause damage to the public streets or alleys of the City of Phoenix. Each violation of this section, and each day on which a violation occurs, shall be considered a separate offense. (Code 1962, § 27-80; Ord. No. G-1068, § 2)
Cross reference—Discharging water into streets or sidewalks, § 31-8.
Sec. 23-34. Reserved.
Sec. 23-35. Railroads—Stopping trains at intersections.
It shall be unlawful for any person having the management or direction of the movement of any train, engine, car, handcar or of any rolling stock to "spot" or stand any railroad car in or across any street intersection in the City where there is a railroad grade crossing. (Code 1962, § 27-62)
Cross reference—Vehicles and traffic, ch. 36.
Sec. 23-36. Railroads—Trains not to block streets.
It shall be unlawful for the directing officer or the operator of any railroad train to direct the operation of or to operate the same in such a manner as to prevent the use of any street for purposes of travel for a period of time longer than five minutes, except that this provision shall not apply to trains or cars in motion other than those engaged in switching. (Code 1962, § 27-63)
Cross reference—Vehicles and traffic, ch. 36.
Sec. 23-37. Railroads—Use of steam locomotives.
All persons are prohibited from running or operating through or upon the streets or alleys of the City any steam locomotive or cars propelled by steam for the conveyance of passengers or freight, or for any other purpose whatsoever. Nor shall any person lay any track upon any of the streets or alleys of the City to be used for such purpose. This section shall in no way affect the rights of the various railroad companies to use certain streets and alleys of the City under franchise or permits lawfully granted or issued therefor. (Code 1962, § 27-64)