Chapter 9.05 OFFENSES

When an act is declared herein to be a misdemeanor and no punishment for counseling or aiding in the commission of the act is expressly prescribed by law, a person who counsels or aids another in the commission of the act is guilty of a misdemeanor. [Code 1983 § 7-1-1.]

A.R.S. section 13-303.

9.05.020 Dangerous constructions.

It shall be unlawful for any person to maintain or allow any signs, billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety. [Code 1983 § 7-1-2.]

A.R.S. section 9-240(B)(3).

9.05.030 Damage to property.

A. It shall be unlawful for any person or persons to damage in any manner or attempt to damage or tamper with any pipe lines, water hydrants, street lamps or lights or the fixtures and appliances thereunto belonging upon any of the poles or other objects for use in connection with the lighting of the streets of the town or any water pipes, hydrants or any appliances pertaining to the water or sewer works or any other property of any and every character belonging to the town.

B. It shall be unlawful for any person to deface, walk, ride or drive upon or over any sidewalk or street crossing composed of or containing cement during the construction thereof or before the same is thrown open to public use.

C. It shall be unlawful for any person, firm or corporation to damage in any manner any road, street or bridge in the town limits by using the same by heavy vehicles, by malicious destruction or by any act that will result in damage to said road, street or bridge.

D. It shall be unlawful to break or destroy any window, door or part of any dwelling owned or occupied by another or to break or sever from any premises owned or occupied by another, any gate, fence railing, tree, brush or vine or any property whatsoever or to deface, mutilate or injure the same.

E. It shall be unlawful for any person within the town to throw stones or other missiles at railroad trains; or to let off the brakes of railroad cars standing on side tracks or tamper with the couplings of railroad cars or to uncouple cars standing on railroad track or to uncouple the air hose of the air break system on railroad cars; or to remove, tamper with or break switch lamps or other signals set to control the movement of trains or to jump on or off moving trains or to throw refuse upon or in any way litter the depot or station grounds of any railroad. [Code 1983 § 7-1-3.]

A.R.S. section 9-240(B)(2).

9.05.040 Deposits of injurious material on thoroughfares.

It shall be unlawful for any person, either wilfully and maliciously or carelessly and negligently to drop, throw, place or scatter upon any street, alley, sidewalk or public place in the town any nails, tacks, broken glass, glass bottles or any instrument or thing whatsoever of such nature as to be capable of injuring persons or property. [Code 1983 § 7-1-4.]

A.R.S. section 9-240(B)(3).

9.05.050 Excavations to be covered.

A. Any person who shall make any excavation or dig any hole, drain or ditch in any highway or thoroughfare in the town 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.

B. Any person who shall maintain a well, cellar, pit or other excavation of more than two feet in depth on any unenclosed lot, without substantial curbing, covering or protection shall be guilty of a misdemeanor. [Code 1983 § 7-1-5.]

9.05.060 Explosives.

It shall be unlawful for any person to blast or use powder, fireworks or other explosives within the town limits without a written permit from the chief of police. [Code 1983 § 7-1-6.]

A.R.S. sections 9-240(B)(3)(a) and (d), 36-1602 and 36-1606.

9.05.070 False or misleading reports to police.

It shall be unlawful for any person wilfully to make to the police department of the town any false, fraudulent, misleading or unfounded report or statement or wilfully to misrepresent any fact for the purpose of interfering with the operation of the police department or with the intention of misleading any police officer. [Code 1983 § 7-1-7.]

9.05.080 Fire bombs.

A. For the purpose of this section:

1. “Dispose of” means to give, give away, loan, offer, offer for sale, sell, transfer, hurl, throw or cause to be hurled or thrown.

2. “Fire bomb” means a breakable or frangible container containing a flammable liquid with a flash point of 150 degrees Fahrenheit or less having a wick capable of being ignited or other ignition or detonating device or method. No device commercially manufactured primarily for the purpose of illumination shall be deemed to be a fire bomb for the purpose of this section.

B. It shall be unlawful for any person to:

1. Possess any of the component parts of a fire bomb with intent to wilfully or maliciously use such material, substance or device to manufacture a fire bomb or to set fire to or burn any buildings or property either real or personal.

2. Possess, manufacture or dispose of a fire bomb.

C. The provisions of subsections (A) and (B) of this section shall not prohibit the authorized use or possession of any material, substance or device described in subsections (A) and (B) of this section by a member of the Armed Forces of the United States or National Guard of the state or by firemen, police officers or peace officers authorized by the properly constituted authorities and acting in the course of their official duties. Subsections (A) and (B) of this section shall not prohibit the use or possession of any material, substance or device described therein when used solely for scientific research of educational purpose or for any lawful burning. Subsections (A) and (B) of this section shall not prohibit the manufacture or disposal of a fire bomb for the parties or purposes described in this subsection. [Code 1983 § 7-1-8.]

9.05.090 Hypnotists.

It shall be unlawful for any person to practice hypnotism or for any person to be subject for such hypnotists; provided, that this shall not apply to hypnotism as used in the treatment of patients by an accredited doctor of medicine or doctor of dentistry nor shall it prohibit the teaching of the college level. [Code 1983 § 7-1-10.]

9.05.100 Interfering with females.

It is unlawful for any person to signal, address, solicit, catch hold of or in any way interfere with the free passage of any female person with whom he is not personally acquainted for the purpose of inducing her to converse with, accompany or ride with him. [Code 1983 § 7-1-11.]

9.05.110 Lewd cohabitation.

It is unlawful for any man and woman not married to each other to live and cohabit together as man and wife or to lewdly and notoriously associate together. [Code 1983 § 7-1-12.]

9.05.120 Littering.

It shall be unlawful for any person to throw or deposit any litter in or upon any street, alley, public grounds, school grounds, church grounds or upon any private property. [Code 1983 § 7-1-13.]

9.05.130 Loitering.

It shall be unlawful for any person, other than the owner, manager or his authorized representative, to interfere individually or collectively with free enjoyment of such property by the owners thereof; or interfere with the conduct of any lawful business by obstructing entrance to such business or by obstructing free passage of persons or merchandise or commodities within such place of business or by obstructing service rendered by such business to its customers. [Code 1983 § 7-1-14.]

9.05.140 Noise.

It is hereby declared to be a public nuisance and it shall be unlawful for any person, firm or corporation owning or operating or in control of any restaurant, hotel, dance hall, show, store or any place of public amusement, entertainment or accommodation to play or permit to be played any music or musical instrument or instruments whether played by individuals, orchestra, radio, phonograph, music box or other mechanical device or means in such a loud or unusual manner as to be offensive to the senses or so as to disturb the slumber, peace and quiet or otherwise interfere with or annoy the comfortable enjoyment of life or property of any considerable number of persons in the neighborhood and is no less a nuisance because the extent of the annoyance inflicted is unequal. [Code 1983 § 7-1-15.]

9.05.150 Obstruction of streets.

Repealed by Ord 2023-02. [Code 1983 § 7-1-16.]

9.05.160 Obstruction of view.

It shall be unlawful for any person to maintain or allow any tree, hedge, billboard, or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk. [Code 1983 § 7-1-17.]

A.R.S. section 9-240(B)(3).

9.05.170 Offensive business.

It shall be unlawful for any person to establish or maintain any slaughterhouse or make a practice of slaughtering cattle, hogs, sheep or any other kind of animal, or establish or maintain any soap factory, render tallow, or pursue, maintain or carry on any other business or occupation offensive to the senses or prejudicial to the public health within the limits of the town. [Code 1983 § 7-1-18.]

A.R.S. section 9-240(B)(21).

9.05.180 Offensive premises.

It shall be unlawful for any person to suffer or permit any premises belonging to or occupied by him or any cellar, privy, vault, pool, sewer, or private drain therein to become nauseous, foul, or offensive to the senses or prejudicial to the public health or comfort. [Code 1983 § 7-1-19.]

A.R.S. section 9-240 (B)(21).

9.05.190 Plastic bags.

A. The words “plastic coverings,” “plastic bag,” or “plastic package” when used in this section shall mean any covering, package or bag made of plastic material sufficiently thin and pliable to respond to static electricity created by contact with the human body to the extent that it clings to the human skin or body.

B. It shall be unlawful for any person to have in his possession, or to deliver as a cover or wrapper, any plastic bag that is of sufficient size to fit over a child’s head, or any bag which, when open, has an opening larger than 25 square inches or a capacity of more than 125 cubic inches, unless there is at all times clearly printed on such bag or covering, or on a paper attached to such bag or covering, words in letters at least one-quarter-inch high as follows:

WARNING: To avoid danger of suffocation keep this bag (or covering) away from babies and children. Do not use in cribs, beds, carriages or play pens. This is not a toy.

C. Any plastic bag, covering or package not carrying or accompanied by the printed warning as provided in this section is hereby declared to be a nuisance. [Code 1983 § 7-1-20.]

9.05.200 Register to be kept by secondhand dealers.

Every pawnbroker, secondhand dealer, junk dealer or junk collector within the town shall keep a well-bound book at his place of business, in which book a complete record of all transactions had by him shall be entered in the English language in a clear and legible manner at the time the transaction takes place. Such book shall contain a description of the items bought or sold, the name of the person buying or selling the item, and the date and time such transaction took place. Such book shall be available at all times for inspection by the police chief or any police officer designated by the police chief. [Code 1983 § 7-1-21.]

9.05.210 Searchlights.

It is hereby declared to be unlawful for any person or persons to operate within the town any incandescent or arc-type searchlight, beacon light or similar lighting device designated to and capable of projecting a beam of light into the sky for a distance in excess of one-half mile unless permission is obtained from the council. The provisions of this section shall both apply to emergency searchlights or beacons operated pursuant to public authority. [Code 1983 § 7-1-22.]

9.05.220 Signs and banners.

It shall be unlawful for any person to place any banner or sign upon any street light pole, traffic signal pole or utility pole within the town without first obtaining authorization from the council. [Code 1983 § 7-1-23.]

9.05.230 Spitting.

It shall be unlawful for any person to spit upon any of the public sidewalks or crosswalks in the town or upon any public path, byway or highway or in or on any public ground or park in the town, or upon the floor or interior of any public building in the town. [Code 1983 § 7-1-24.]

9.05.240 Sweepings prohibited on sidewalks.

It shall be unlawful for any person to sweep, scrub or flush the dust, dirt, accumulations, refuse or deposits from any building onto or upon any public sidewalk in the town. [Code 1983 § 7-1-25.]

9.05.250 Vagrancy.

It shall be unlawful for any person to have the status or condition of a vagrant. Vagrancy shall be defined as follows: Every person within the town who is idle and dissolute and who goes about begging; every person having no lawful means of employment and having no lawful means of support realized solely from lawful occupations or source; every person who lives idly and without visible means of support; every person who has the physical ability to work and does not accept employment or labor when employment is offered him; every person who is a runaway; every person who is a common drunkard; every person who is a common nightwalker, prostitute, gambler, pimp or one who roams about from place to place without any lawful business; every lewd, wanton and lascivious person, in speech or behavior; every person who is habitually neglectful of his employment or calling and who does not lawfully provide for himself or for the support of his family; every person who habitually misspends his time by frequenting houses of ill-fame, gaming houses or other places of unlawful assembly or entertainment; every person lodging in, or found in the nighttime, in outhouses, sheds, barns, railroad cars, vacant buildings or sleeping in vacant lots and unable to account for activity; every person who is a confidence man for a race track out soliciting bets for an expected compensation; every person found loitering or strolling in, about, or upon any street, alley, or other public way or public place, or at any public gathering or assembly, or in or around any store, shop, or business or commercial establishment, or upon or around the private property of another in the nighttime without visible or lawful business with the owner or occupant thereof; or who while loitering, prowling or wandering upon the private property of another in the nighttime peeks or looks in the door or window of any building or structure located therein, and which is inhabited by human beings. [Code 1983 § 7-1-26.]

A.R.S. sections 9-240(B)(24).

9.05.260 Parking of “for sale” vehicles on Main Street.

A. It shall be unlawful for the owner of a vehicle (as that term is defined by A.R.S. section 28-101) (“vehicle owner”) which is marked with or contains messages on, in or attached to it which advertise said motor vehicle for sale (“for sale vehicle”) to park or allow such a “for sale” vehicle to be parked on public real property or private real property which does not belong to said vehicle owner and which is located along Main Street (which street is also State Highway 77) within the town limits of the town of Taylor, unless a permit, obtained pursuant to this section, is clearly visible in or on said vehicle facing the right-of-way.

B. The town clerk shall issue a permit, good for 15 days, allowing an owner to park a “for sale” vehicle on property such vehicle owner does not own upon receipt from such vehicle owner of the following:

1. A signed application for such permit on a form to be provided by the town clerk;

2. A written permission, signed by the owner of the property on which the “for sale” vehicle is proposed to be parked, (the real estate owner) giving permission to the vehicle owner to park the “for sale” vehicle on the real property owner’s property;

3. Proof of ownership of the “for sale” vehicle;

4. A permit fee of $0.00.

C. Upon finding a “for sale” vehicle parked on real property abutting Main Street (State Highway 77) within the town which is registered to a person other than the record owner of the real property on which said vehicle is parked (as shown by the records of the Navajo County assessor), with no permit clearly visible in or on it, a peace officer may cause said vehicle to be towed from said property at the vehicle owner’s expense.

D. This section shall not apply to any persons or entities leasing or renting property which is located along Main Street. A person or entity claiming a right to park “for sale” vehicles on property located along Main Street pursuant to this exception shall produce, upon request of a peace officer, a written lease agreement demonstrating that a current leasehold right is held by that person or entity for the property along Main Street where the person or entity is parking “for sale” vehicles.

E. This section shall not apply to any persons or entities possessing a valid auto dealership license from the state of Arizona, so long as said persons or entities are not in violation of any other portion of this section.

F. A person who violates this section is guilty of a misdemeanor punishable as set forth in TTC 1.05.070. [Ord. 2010-01 § 1; Ord. 69 § 1, 2003. Code 1983 § 7-1-27.]

9.05.270 Curfew for minors.

A. Juveniles under 16 Years – Exceptions. It shall be unlawful for any juvenile under the age of 16 years to be, remain or loiter in, about or upon any place in the town away from the dwelling house or usual place of abode of said juvenile between the hours of 10:00 p.m. and 5:00 a.m. of the following day.

B. Juveniles 16 Years of Age or Older – Exceptions. It shall be unlawful for any juvenile 16 years of age or older and under the age of 18 years to be, remain or loiter in, about or upon any place in the town away from the dwelling house or usual place of abode of said juvenile between the hours of 12:00 a.m. and 5:00 a.m. of the following day.

C. Responsibility of Parents or Guardians. It shall be unlawful for the parent, guardian or other adult person having the care, custody or supervision of a juvenile to permit such juvenile to be, remain or loiter in, about or upon any place in the town away from the dwelling house or usual place of abode of said juvenile in violation of subsections (A) and (B) of this section.

D. Violation – Exceptions. The curfew set forth in subsections (A), (B), and (C) of this section do not apply:

1. To legally emancipated minors, whether the emancipation be through marriage, military service or other legally sufficient grounds.

2. To minors who are accompanied by their parent, guardian or other person having legal care and custody of the minor.

3. To minors who could otherwise be in violation of the terms of this title when:

a. Their presence is reasonably required in the pursuit of a lawful occupation, business or profession in which the minor is then engaged, with the permission of a parent, guardian or other person having the legal care and custody of the minor; or

b. The minor is on an emergency errand, medical or otherwise; or

c. The minor is going to or from a place or function sponsored by or related to school, church, civic or other nonprofit organization. These functions shall include, but are not necessarily limited to: classes, services, meetings, dances, dramatic or musical performances, sporting events, or other social events sponsored by school, religious, civic, or other nonprofit organizations, with the permission of the parent, guardian, or other person having the legal care and custody of the minor.

E. Curfew Violations – Knowledge by Parent or Guardian. It shall not constitute a defense hereto that such parent, guardian or other person having the care, custody or supervision of such juvenile coming within the provisions of subsection (A) or (B) of this section did not have actual knowledge of the presence of such juvenile in, or about or upon any place in town away from the dwelling house or usual place of abode of said juvenile, if said parent, guardian or other person having care, custody or supervision of such juvenile or juveniles, in the exercise of reasonable care and diligence, should have known of the aforementioned unlawful acts of such juvenile or juveniles.

F. Curfew Violations – Separate Offenses. Each violation of the provisions of subsections (A), (B) and (C) of this section shall constitute a separate offense.

G. Curfew Violation – Delivery of Juvenile into Custody. In addition to any other powers he may have, any law enforcement officer who arrests a juvenile for violating any of the provisions of subsection (A) or (B) of this section is also hereby empowered to demand of the parent, guardian or other person having the care, custody or supervision of such juvenile that such parent, guardian or other person come and take such juvenile into custody. Should there be a failure of the parent, guardian or other person to take custody of such juvenile, the officer may then be empowered to take such juvenile home. It shall be unlawful for any such parent, guardian or other person having the care, custody or supervision of said juvenile to fail or refuse to take such juvenile into custody after such demand is made upon him.

H. Curfew Violation – Penalties.

1. It shall be unlawful for any juvenile to violate the provisions of subsections (A) and (B) of this section; the proceedings shall be taken in accordance with and pursuant to the juvenile code as contained in A.R.S. section 8-201 et seq.

2. Any parent or guardian of the person of the juvenile who shall violate the provisions of subsections (C), (E) and (G) of this section shall be guilty of a Class 3 misdemeanor. [Ord. 45 § 2, 1996. Code 1983 § 7-1-32B.]