6-01 GENERAL OFFENSES

a. Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person’s consent; or

b. Approaching or following the person being solicited, if the conduct is:

(1) Intended to or is likely to cause a reasonable person to fear bodily harm to oneself or another, or damage to or loss of property or the commission of a criminal act upon the person or property in the person’s possession; or

(2) Is intended to or is reasonably likely to intimidate a reasonable person being solicited into responding affirmatively to the solicitation; or

c. Continuing to solicit from a person within five (5) feet of that person being solicited after the person has made a negative response to such solicitation; or

d. Intentionally, knowingly or recklessly obstructing the safe or free passage of the person being solicited, or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one’s constitutional right to picket or legally protest, and acts authorized by a permit issued by the City, shall not constitute obstruction of pedestrian or vehicular traffic; or

e. Intentionally or recklessly using obscene or abusive language or gestures:

(1) Intended to or likely to cause a reasonable person to fear bodily harm or the commission of a criminal act upon the person or property in the person’s possession; or

(2) Intended to or is reasonably likely to intimidate a reasonable person into responding affirmatively to the solicitation.

2. "Automated teller machine facility" means the area comprised of one (1) or more automatic or automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.

3. "Public area" means an area to which the public or a substantial group of persons has access, and includes, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.

4. "Solicit" means to request an immediate donation of money or other thing of value from another person, regardless of the solicitor’s purpose or intended use of the money or other thing of value. The solicitation may be, without limitation, by the spoken, written or printed word, or by other means of communication.

5. "Public transportation vehicle" means any vehicle used for the transportation of passengers on scheduled routes on an individual passenger fare-paying basis.

6. "Bank" means a bank, credit union or other similar financial institution.

B. It shall be unlawful for any person or group to solicit money or other things of value, or to solicit the sale of goods or services:

1. In an aggressive manner in a public area; or

2. In any public transportation vehicle or from any persons within fifteen (15) feet of any transit stop, bus stop, taxi stand, train station platform or the inside of the train station; or

3. Within fifteen (15) feet of any entrance or exit of any bank, financial institution, or automated teller machine facility, without the consent of the owner or other person legally in possession of such facility; or

4. Immediately adjacent to the entrance of a business in a manner that physically interferes with ingress or egress to that business entrance; or

5. Within fifteen (15) feet of persons engaging in any financial transaction; or

6. Within fifteen (15) feet from persons inside a business patio area, except with the consent of the business owner; or

7. On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property.

8. From any person under the age of sixteen (16) years who is unaccompanied by an adult. (Ord. 2014-09, Enacted, 04/15/2014; Amended during 09/14 supplement)

6-01-001-0001.1 PENALTY

Any person convicted of a violation of Section 6-01-001-0001 is guilty of a Class 3 misdemeanor. (Ord. 2014-09, Enacted, 04/15/2014)

6-01-001-0002 ASSEMBLIES RESTRICTED, UNLAWFUL

A. Assembly in Public Ways: It shall be unlawful for any person or group of persons designated by proclamation by the Mayor to loiter, idle, wander, appear on, or congregate in or upon the public streets, highways, roads, alleys, parks playgrounds or other public grounds, public places, public buildings, places of amusement or entertainment, vacant lots or unsupervised places of the City between such hours and in such areas as the Mayor shall designate.

B. Unlawful Assembly: It shall be unlawful for two (2) or more persons to assemble together for the purpose of disturbing the peace or for the purpose of committing any unlawful act and not to disperse upon the command of an officer so to do. (Ord. 71 5‑A, 08/1967; 1960 Code)

6-01-001-0003 REPEALED

(Ord. 2015-13, Repealed, 06/02/2015)

6-01-001-0004 GRAFFITI PROHIBITED

A. No person may write, paint, draw, etch or otherwise apply any inscription, figure, or mark of any type on any public or private building or other real or personal property, owned, operated, or maintained by a governmental entity or any agency or instrumentality thereof or by any person, firm, or corporation, unless the express permission of the owner or operator of the property has been obtained.

B. No person may possess an aerosol spray paint container, broad-tipped indelible marker, solidified paint marker or etching implement or solution with the intent to violate the provisions of subsection (A) of this section.

C. No person may possess an aerosol spray paint container, broad-tipped indelible marker, solidified paint marker or etching solution on any private property unless the owner, agent, manager, or other person having control of the property consented to the presence of the aerosol spray paint container, broad-tipped indelible marker, solidified paint marker or etching solution.

D. A person convicted of a violation of this section is guilty of a Class 1 misdemeanor. In addition to any other punishment that may be imposed, the Court shall order restitution to the victim for damage or loss caused directly or indirectly by the defendant’s offense, or to any person or entity including a political subdivision that has incurred expense to repair or abate such damage or loss to the victim’s property, in an amount to be determined by the Court. (Ord. 2014-13, Enacted, 07/01/2014)

6-01-001-0005 ENTERTAINMENTS; ACTS OF INDECENT EXPOSURE:

A. Any female entertaining or performing any dance or in any play, exhibition, show or other entertainment, or any female serving food or spirituous liquors as defined by section 4-101, Arizona Revised Statutes, in a restaurant, night club, bar, cabaret, tavern, tap room, theater or in a private, fraternal, social, golf or country club as defined by said Statute section, or in any public place, who appears clothed, costumed, unclothed or uncostumed in such a manner that the areola (the more darkly pigmented portion of the breast encircling the nipple) is not covered by a brassiere consisting of a fully opaque fabric material, is guilty of a misdemeanor.

A person who knowingly conducts, maintains, owns, manages, operates or furnishes any restaurant, night club, bar, cabaret, tavern, tap room, theater or any place serving food or spirituous liquors, or a private, fraternal, social, golf or country club, or any public place where a female appears clothed, costumed, unclothed or uncostumed in such a manner that the areola (the more darkly pigmented portion of the breast encircling the nipple) is not covered by a brassiere consisting of a fully opaque fabric material, is guilty of a misdemeanor.

It shall not be a violation of this Section, nor an act of indecent exposure, for a female to breastfeed a child in any public place where the female and child are otherwise permitted to be.

B. Any person entertaining or performing any dance or in any play, exhibition, show or other entertainment, or any person serving food or spirituous liquors in a restaurant, night club, bar, cabaret, tavern, tap room, theater or in a private, fraternal, social, golf or country club, or in any public place who appears clothed, costumed, unclothed or uncostumed in such a manner that the lower part of his or her torso, consisting of the private parts or anal cleft or cleavage of the buttocks, is not covered by a fully opaque fabric material or is so thinly covered as to appear uncovered, is guilty of a misdemeanor.

A person who knowingly conducts, maintains, owns, manages, operates or furnishes any restaurant, night club, bar, cabaret, tavern, tap room, theater or any place serving food or spirituous liquors, or a private, fraternal, social, golf or country club, or any public place where any person appears clothed, costumed, unclothed or uncostumed in such a manner that the lower part of his or her torso, consisting of the private parts or anal cleft or cleavage of the buttocks, is not covered by a fully opaque fabric material, or is so thinly covered as to appear uncovered, is guilty of a misdemeanor. (Ord. 756, 3-26-69)

6-01-001-0006 PROHIBITED PUBLIC ACTIVITIES:

It is unlawful for any person to urinate or defecate in a public place, except where enclosed facilities intended for such purposes have been provided, or in any place exposed to public view. (Ord. 10, 2-7-1895; Rev. 12/06/2005, Ord. No. 2005-22.)

6-01-001-0007 REPEALED

(Ord. No. 2010-03, 02/16/10)

6-01-001-0008 REPEALED

(Ord. No. 2010-02, 02/16/10)

6-01-001-0009 GENERAL OFFENSE

It shall be unlawful for any person to commit any act or fail to perform any requirement which is prohibited or required by State law, insofar as such laws are applicable to Municipal government.

6-01-001-0010 POLICE OFFICERS, ACTS RELATIVE TO:

A. Giving Assistance to Police Officers: It shall be unlawful for any male citizen over the age of eighteen (18) years to refuse or neglect to render assistance to any police officer when called upon for such assistance or aid in the suppression of riot or other unlawful assemblage or in the arrest of any person who has committed an offense. (Ord. 194, 11-20-16)

B. Resisting an Officer: It shall be unlawful for any person to wilfully interfere with, resist, delay, obstruct, molest or threaten to molest any officer or any member of the Police or Fire Departments or the Building Inspector of the City in the exercise of his official duties or knowingly and maliciously give any false information to any officer of the City. (Ord. 217, 9-11-18)

6-01-001-0011 REPEALED

6-01-001-0012 GAMBLING:

A. Gambling Prohibited: Every person who shall carry on or open or cause to be opened or who shall conduct either as owner, proprietor or employee, whether for hire or not, any game of faro, monte, roulette, lasquenet, rouge et noire, roundo, vinget, uno or twenty one, poker, stud poker, draw poker, fan tan, thaw, seven and one-half, chuck-aluck, blackjack or any similar game whatsoever played with cards, dice or any other device, slot machine or machines of like character, whether the same be played for money, checks, credits or any representative of value or any person who shall play in or be a party to any of the games above mentioned, or any proprietor, owner or part owner, lessee, manager or any person having management, supervision or control, temporary or permanent, of any house or other resort maintained for gambling shall permit any of the games mentioned above or any other gambling game to be played in such place, shall be guilty of a misdemeanor.

B. Establishment of Guilt: Subsection A. above shall be construed that any person or persons as therein enumerated who shall play any of the games or run or operate any of the games or be a party thereto as enumerated in said Subsection A., or any person or persons who shall stand by knowing that any of the games are being played as enumerated in said Subsection A. hereof, shall upon conviction thereof be guilty of a misdemeanor.

C. Obtaining Money by Gambling: Every person who by any gambling game, as enumerated in Subsection A. hereof, or any other gambling game not enumerated, or by fortune telling, trick or sleight of hand by use of cards or other implements or instruments, or while betting on sides or hands of any such play or game fraudulently obtains from any person money or property of any description, shall be punished for a violation of this Code.

D. Lease Prohibited for Certain Purposes: If any owner or person in the management or control of any property shall knowingly rent or lease the same to be used as a place where gambling is carried on in any form, he shall be deemed guilty of a misdemeanor. (Ord. 181, 5-25-16)

E. Exception: Off-track wagering on electronically televised simulcasts of horse, harness or dog racing conducted in conformance with A.R.S. §5-101 et seq., and specifically authorized by the Flagstaff City Council, or their designee, shall not be prohibited by this Ordinance. (Ord. 1776, 11/03/92)

1. Application and Issuance of Initial Permit and Criteria: The City Council may consider any information contained within the application or allowed to be considered by the Arizona Department of Racing or the Arizona Racing Commission in authorizing or recommending the issuance of a permit for off-track wagering on electronically televised simulcasts pursuant to Paragraph E. above. The permit shall authorize all off-track wagering on electronically televised simulcasts including horse, harness, dog racing or any combination thereof during its term and shall not be limited in scope to the specific category of racing specified at the time of application. (Ord. 1776, 11/03/92)

2. Renewal of Permit to conduct off-track wagering: All applications for the renewal of a permit to conduct off-track wagering as authorized by the Flagstaff City Council pursuant to Paragraph E. of this Section shall be reviewed by the City Manager on a yearly basis. When reviewing applications for the renewal of such a permit the following shall constitute grounds for denying the renewal of a wagering establishment permit if the City Manager determines such non-renewal to be in the best interests of the City, its residents and businesses. The City Manager may consider any additional factors or information which may be relevant to the City’s interest in protecting the health, welfare or morals of the citizens of Flagstaff.

a. Revocation of any state racing, wagering or gaming permit which is required for the race track or wagering establishment.

b. Failure of the permittee to immediately cease all racing or wagering activity and/or failure of the permittee to promptly notify the City Manager or his designee, in writing, upon suspension or revocation of any state racing, wagering or gaming permit for the race track or wagering establishment.

c. Conviction by a court of competent jurisdiction of the permittee or any of its owners, managers or employees, and in the case of a corporation, its principal officers, directors and principal shareholders, of any felony or any violation of law or regulation related to racing, wagering or gaming, in any jurisdiction.

d. Adjudication, in any civil action or administrative proceeding in any jurisdiction, that the permittee or any of its owners, managers, or employees, and in the case of a corporation, its principal officers, directors and principal shareholders, are responsible for violation of any law or regulation related to racing, wagering or gaming.

e. The City Manager finds that the permittee has committed a felony or a violation of any racing, wagering or gaming law or regulation, in any jurisdiction.

f. The City Manager finds that any owner, manager or employee of the permittee, and in the case of a corporate permittee, any of its principal officers, directors or principal shareholders, has committed a felony or a violation of any racing, wagering or gaming law or regulation, in any jurisdiction.

g. Information exists that demonstrates that the proposed wagering establishment use does not comply with all applicable zoning, building and land-use codes and regulations.

h. The permittee is delinquent in payment of any privilege license taxes or use taxes owed to the City and has not, upon reasonable notice, made such payment together with any applicable interest and penalties.

i. The City Manager finds that the security plan for the wagering establishment is inadequate or needs to be updated or modified and that the permittee has not, upon reasonable notice, made satisfactory improvements or modifications to the security plan.

j. The City Manager finds that unlawful gambling by a minor or minors has occurred at the wagering establishment and that the security measures of the permittee remain inadequate to prevent unlawful gambling by minors.

k. The City Manager finds that alcoholic beverages have been purchased or consumed by a person or persons under the lawful drinking age on the premises of the wagering establishment or, with respect to multiple use facilities, anywhere on the premises of the multiple use facility and that the security measures of the permittee remain inadequate to prevent purchase or consumption of alcoholic beverages by those persons under the lawful drinking age.

l. The City Manager finds that the permittee has made a false statement on or in connection with its permittee application or application for last previous permit renewal or that any false, incomplete or misleading information has been provided by the permittee on or in connection with such permit or renewal application. (Ord. 1743, 03/03/92)

3. Suspension of an Off-track Wagering Permit: Any permit to operate an off-track wagering facility issued under the provisions of this Chapter may be suspended as provided in this Section. Suspensions under this Section shall be for a prescribed period of time not to exceed sixty (60) days unless otherwise provided for below. If the basis for the suspension has not been cured within sixty (60) days, the City Council may, in their discretion, issue a subsequent suspension.

a. The permit may be suspended by the City Council upon one or more of the following grounds:

(1) Reasonable cause exists to believe that the permittee, owner, manager, employee, or in the case of a corporate licensee, any of its principal officers, directors or principal shareholders, has committed a felony or a violation of any racing, wagering or gaming law or regulation in any jurisdiction.

(2) Reasonable cause exists to believe that the permittee, owner, manager, employee, or in the case of a corporate licensee, any of its principal officers, directors or principal shareholders, are responsible for violation of any civil or administrative racing, wagering or gaming law or regulation.

(3) The permittee is delinquent in payment of any privilege license taxes or use taxes owed to the City.

(4) Reasonable cause exists to believe that the security plan for the off-track wagering facility is inadequate or needs to be updated or modified; that unlawful gambling by a minor or minors has occurred at the off-track wagering facility; or that alcoholic beverages have been purchased or consumed by a person or persons under the lawful drinking age on the premises of the off-track wagering facility or, with respect to multiple use facilities, anywhere on the premises of the multiple use facility.

(5) Reasonable cause exists to believe that the permittee has made a false statement on or in connection with its permit application or application for last previous permit renewal or that any false, incomplete or misleading information has been provided by the permittee on or in connection with such permit or renewal application.

(6) Upon any suspension of any State racing, wagering or gaming license which is required for the race track or off-track wagering facility, the City permit for the off-track wagering facility shall be automatically suspended without further action by the City until the State license is reinstated or reissued or until such suspension of the State license is finally overturned by a court of competent jurisdiction. Upon such automatic suspension of the City permit as provided in this subsection, the holder of the City permit shall immediately cease all racing or wagering activity and shall promptly notify the City Manager or his designee, in writing, of the suspension of the State license.

4. Revocation of an Off-track Wagering Permit: Any off-track wagering facility permit issued under the provisions of this Chapter may be revoked as provided in this Section. No application for reinstatement of the off-track wagering facility permit shall be considered for a period of one year from the date of revocation, unless the applicant demonstrates by clear and convincing evidence to the City Council that extraordinary circumstances exist such that the interests of the City and its residents and businesses would best be served by consideration of the application prior to expiration of such one year period.

a. The off-track wagering facility permit may be revoked by the City Council upon one or more of the following grounds:

(1) Revocation of any state racing, wagering or gaming permit which is required for the race track or wagering establishment.

(2) Failure of a permittee to immediately cease all racing or wagering activity and/or failure of the permittee to promptly notify the City Manager or his designee, in writing, upon suspension or revocation of any State racing, wagering or gaming permit for the race track or wagering establishment.

(3) Conviction by a court of competent jurisdiction of the permittee, or any of its owners, managers, or employees, or in the case of a corporate licensee, any of its principal officers, directors or principal shareholders, of any felony or any violation of law or regulation related to racing, wagering or gaming law in any jurisdiction.

(4) Adjudication, in any civil action or administrative proceeding in any jurisdiction, that the permittee, or any of its owners, managers, or employees, or in the case of a corporate licensee, any of its principal officers, directors or principal shareholders, are responsible for violation of any law or regulation related to racing, wagering or gaming.

(5) Information exists that demonstrates that the off-track wagering facility does not comply with all applicable zoning, building and land-use codes and regulations.

(6) The permittee is delinquent in payment of any privilege license taxes or use taxes owed to the City and has not, upon reasonable notice, made such payment together with any applicable interest and penalties.

(7) The City Council finds that the security plan for the off-track wagering facility is inadequate or needs to be updated or modified and that the permittee has not, upon reasonable notice, made satisfactory improvements or modifications to the security plan.

(8) The City Council finds that unlawful gambling by a minor or minors has occurred at the off-track wagering facility and that the security measures of the permittee remain inadequate to prevent unlawful gambling by minors.

(9) The City Council finds that alcoholic beverages have been purchased or consumed by a person or persons under the lawful drinking age on the premises of the off-track wagering facility or, with respect to multiple use facilities, anywhere on the premises of the multiple use facility and that the security measures of the permittee remain inadequate to prevent purchase or consumption of alcoholic beverages by those persons under the lawful drinking age.

(10) The City Council finds that the permittee has made a false statement on or in connection with its original permit application or application for renewal or that any false, incomplete or misleading information has been provided by the permittee on or in connection with such permit or renewal application.

5. Right of Appeal: An applicant or permittee shall have the right to appeal from a denial of their application or suspension or revocation of their permit as follows:

a. The City Council’s decision to deny an initial permit or suspend or revoke an existing permit shall be a final decision and may be appealed by Special Action to Superior Court.

b. The City Manager’s decision to deny renewal of a permit may be appealed to the City Council. The Notice of Appeal shall be filed within forty-five (45) days of the date notice of the denial was mailed to the applicant. The City Council’s decision to deny renewal of a permit is a final decision and may be appealed by Special Action to Superior Court.

6. Delegation of Authority to Promulgate Administrative Procedures and Establish Schedule of Fees: The City Manager shall adopt and promulgate such rules and regulations necessary to effectuate and administer the provisions of this Chapter, prepare such forms as required and establish a schedule of fees for a permit application. (Ord. 1776, 11/03/92)

(Ord. No. 1714, Amended, 09/17/91; Ord. No. 1743, Amended, 03/03/92; Ord. No. 1776, Amended, 11/03/92)

6-01-001-0013 WEAPONS; RESTRICTIONS, PROHIBITIONS:

A. Firing Prohibited: No person shall, within the corporate limits, fire or discharge any air gun, air pistol, BB gun, pellet gun, dart gun, gas gun or other similar gun or instrument. This section does not apply to the use of any such gun or instrument by a law enforcement officer or other duly authorized public official or employee in the performance of an official duty. (Ord. 171, 6-28-15; Ord. 444, 6-2-58; Ord. 2012-06, Amended, 04/17/2012)

6-01-001-0014 PLASTIC BAGS OR COVERINGS:

A. No bag made of plastic material of an average gauge thinner than .001 inch which is large enough to fit over a child’s head shall be used by any business establishment as a container for products delivered to purchasers, or by any other business establishment to package articles delivered to customers or other persons doing business with the establishment, unless there is printed upon such bag, or upon a label which is securely attached to such bag, in clear legible type the following: "WARNING: TO AVOID DANGER OF SUFFOCATION, KEEP THIS PLASTIC BAG AWAY FROM BABIES AND CHILDREN," or a similar warning that the bag is dangerous to small children. This section shall not apply to those plastic bags which are used exclusively for industrial purposes.

B. Definitions

1. As used in this section, "a bag large enough to fit over a child’s head" means any bag, which, when open, has an opening larger than 25 square inches or a capacity of more than 125 cubic inches.

2. As used in this section, "clear legible type" means type which meets all of the following qualification:

i. Is clear and legible.

ii. Is of a bright color which will be clearly visible against either a light or a dark background.

iii. Is printed by some method other than rubber stamp, such as by offset or letterpress, so as to prevent the ink from smearing and to insure that the printed matter will be clear and distinct.

(Amended Ord. No. 2010-01, 02/16/10)

6-01-001-0015 REPEALED

6-01-001-0016 REPEALED

6-01-001-0017 REPEALED

6-01-001-0018 WINDOWSILLS KEPT CLEAR:

It shall be unlawful for any person to place or keep on any window sill, porch or other projection above the first story of any building abutting on any sidewalk any article which might do injury by falling upon any person on the sidewalk in front of such building unless said article be securely fastened or protected by screens. (1960 Code)

6-01-001-0019 PICKETING:

It shall be unlawful for any person to picket or to walk back and forth, loiter or remain upon the streets, sidewalks or alleys adjacent to any place of business within the City, or to enter said place of business for the purpose of intimidating, threatening or coercing or in any manner to intimidate, threaten or coerce any employee or any person from entering or being on said place of business for the transacting of business or the performance of labor therein.

All pickets shall be required to walk back and forth at the outer margin of the sidewalk, in single file, not more than two feet (2') from the curb and shall not enter any building being picketed while on picket duty.

Not more than one picket shall be permitted for each entrance to any place of business; provided, however, that the limitations of numbers provided by this Section shall in no case reduce the lawful number of pickets to less than two (2) persons for any place of business. If the number of pickets exceeds the maximum number permitted herein, then each and all of the persons so picketing shall be guilty of a violation of this Section. (Ord. 332, 7-7-42)

6-01-001-0020 OVERDUE LIBRARY MATERIALS:

It shall be unlawful for any borrower to retain any book, newspaper, magazine, pamphlet, manuscript or other material belonging in or to, or on deposit with, the Flagstaff City-Coconino County Public Library, or any branch or bookmobile operated in connection therewith, for a period exceeding twenty one (21) days after notification by first class mail to the borrower’s address on file with such library, given after the expiration of the time during which, by the rules of the library, such library materials may be kept lawfully by the borrower. The borrower shall be deemed to be notified of the overdue status of library materials charged to him on the date of mailing of said notice to the borrower’s address on file with the library. Said overdue notice will include a copy of this Section. (Ord. 1208, 5-4-82)

6-01-001-0021 DISPLAYING VEHICLES FOR SALE ON PROPERTY:

A. Definitions: Motor Vehicle shall be defined as an automobile or truck, motorcycle, recreational vehicle, boat, trailer or heavy construction or farm vehicles.

B. No person shall cause or permit a motor vehicle owned by or registered to him to be parked or displayed upon any property other than his own, or on property which he is renting or leasing for residential purposes, for the purpose of advertising said vehicle for sale, except where said vehicle is the sole vehicle on an R-1 lot as authorized in subsection (G) below.

C. For the purpose of the foregoing subsection, it may be presumed that any vehicle parked within view of any public right of way while said vehicle is posted with signs reading "For Sale" or any similar or analogous words is being displayed for the purpose of advertising same for sale.

D. Violations of this Section shall be a civil violation of this Code for which there shall be imposed a sanction not to exceed one hundred dollars ($100.00) upon the owner of the vehicle.

E. This Section shall not apply to any person who causes or permits the parking of a motor vehicle owned by him upon property owned by any person licensed by the State and the City for the purpose of carrying on the business of retail sale of such vehicles.

F. This Section shall not be construed to prohibit the incidental parking of any motor vehicle, whether advertised or marked for sale or not, when the primary purpose for parking said vehicle is some purpose other than that of advertising the availability of said vehicle for sale. It shall be presumed that parking a motor vehicle marked or advertised for sale with other motor vehicles marked or advertised for sale, except as provided in subsection (E) above, is not incidental parking.

G. This Section shall not apply to the parking of a single vehicle for sale on a single lot located in an R-1 zoning district, irrespective of vehicle ownership. (Ord. 1468, 10-21-86)

6-01-001-0022 CAMPING ON PUBLIC PROPERTY WITHIN CITY LIMITS

A. PURPOSE

The purpose of this Section to provide for the safety, harmonious use, and well-being of all users of city property by prohibiting the storage of personal belongings and placement of structures on public property for living accommodation purposes, and by preventing the fire dangers, littering, overuse of public property, and other misappropriation of public space for personal use associated with urban camping within the city limits. Although no single activity automatically triggers the application of this ordinance; the activities shall be considered as a whole in determining whether it reasonably appears, in light of all the circumstances, that a person conducting these activities is using public property for camping purposes, whether recreational or as a primary living space. Nothing in this ordinance is meant to imply that homelessness is illegal in Flagstaff.

B. PROHIBITION

It is unlawful for any individual to camp on public property within the Flagstaff city limits unless specifically authorized by law. For the purpose of this section, the term "camping" means the use of any city property or any undeveloped, unimproved county, state, and federal property for living accommodation purposes, including, but not limited to, activities such as:

(1) Sleeping activities or making preparations to sleep including the laying down of bedding for the purpose of sleeping;

(2) Storing personal belongings;

(3) Making any fire, other than in a fire or barbecue pit provided by the City for such use;

(4) Using any tent, shelter, vehicle, or other structure for sleeping;

(5) Cooking, other than in a fire or barbecue pit provided by the City for such use

The above listed activities shall constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting such activities, are in fact using the area for living accommodation purposes, either as recreational camping or as a primary living space, and regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. "Camping" shall be distinguished from those short term uses such as napping and picknicking that are characterized by brief and intermittent use of city property for recreational purposes during daylight hours.

C. No person shall be arrested for a violation of this ordinance unless the person continues to engage in such conduct after warning by any police officer or authorized representative of the government entity responsible for such public property, or unless such property has been conspicuously posted with a warning of the provisions of this ordinance.

D. For the purpose of this section " city property" shall mean all real property including appurtenances thereon which is owned, leased, or controlled by the City and shall include all improved or unimproved land, all public right of ways including trails, easements, public sidewalks and public parking lots.

E. A violation of this section is a class 3 misdemeanor. Each day that a violation of this section continues shall constitute a separate offense.

F. Necessity, as set forth in ARS 13-417, is a defense to prosecution under this Section.

(Ord. 2005-11, 10-04-2005) (Amended Ord. No. 2009-15, 11/03/09) (Amended Ord. No. 2009-33, 10/06/09) (Amended Ord. No. 2009-34, 10/06/09)

6-01-001-0023 OUTDOOR FEEDING AND PROTECTION OF WILDLIFE

A. Definitions. In this section unless the context otherwise requires:

1. "Feeding" or "to feed" means placing edible material in a location where it can be consumed by wildlife.

2. "Attracting" or "to attract" means placing edible material in a location likely to entice wildlife to the source of the edible material.

3. "Edible material" means any human or animal food, food by-product, salt organic material, refuse, garbage or water.

4. "Wildlife" means all wild mammals and/or wild birds.

5. "Public employees" means any federal, State, County or City employees.

B. Feeding or Attracting Wildlife Prohibited. It is unlawful for any person to intentionally, knowingly or recklessly feed wildlife or to attract wildlife.

C. Applicability. This section applies to all areas within the Flagstaff City limits.

D. Exceptions. This section does not apply to:

1. Public employees, or their authorized agents, acting pursuant to A.R.S. Title 17 or Game and Fish Commission rule or order or acting within the scope of their authority for public safety or wildlife management purposes.

2. Edible material located in a residence, closed vehicle, fully enclosed storage structure, or in a closed trash container.

3. A person feeding their own horses or domestic animals.

4. Seeds, nectar, and other material for birds or squirrels placed specifically for attracting wild birds and/or tree squirrels in a closed top container placed at least four (4) feet above the ground.

5. Growing plants or parts of growing plants, including gardens and fruit bearing trees or plants and the parts of those plants that may have fallen to the ground from those plants.

6. Compost piles that are fully contained and made inaccessible to wildlife.

7. Hand feeding of ducks or water fowl on lakes or ponds.

E. Limitations to Exceptions. The exceptions do not apply to any person who knows or has reason to know that an activity is attracting wildlife other than birds or tree squirrels. To avoid a violation, a person shall modify placement of any edible material, immediately cease the activity, or take such actions as the situation may require.

F. Enforcement. An Arizona Game and Fish officer, animal control officer or any State certified peace officer may issue a written warning or citation for the violation of this section.

G. Separate Offenses. Each violation pursuant to this section shall constitute a separate offense and each day a violation remains unabated may constitute a separate offense.

H. Penalties.

1. Upon a first violation of this section, an officer shall issue a written warning and provide the person with wildlife educational materials.

2. If there is a violation of this section within sixty (60) days from the date a warning was issued, the new violation is a petty offense punishable by a fine not to exceed one hundred fifty dollars ($150.00), plus any other penalties, assessments or surcharges authorized by law.

3. If there is a violation of this section and the person has previously been convicted within ninety (90) days of violating this section it is a petty offense punishable by a fine not less than one hundred fifty dollars ($150.00) and not more than three hundred dollars ($300.00), plus any other penalties, assessments or surcharges authorized by law.

4. If there is a violation of this section and the person has previously been convicted two (2) or more times within one hundred and eighty (180) days of violating this section, it is a class three misdemeanor, plus any other penalties, assessments or surcharges authorized by law. (Ord. 2013-20, Enacted, 09/17/2013)

CHAPTER 6-01GENERAL OFFENSES

6-01-001-0001 AGGRESSIVE SOLICITATION