Laws Criminalizing Homelessness in The Phoenix Metropolitan Area
Scottsdale
Sec. 19-21. Camping in public places.
(a) The following words, terms and phrases, when used in this section shall have the meanings ascribed to them below:
Camp means to reside in or use a public park, street, or other public place for living accommodation purposes; including, but not limited to, activities such as erecting tents or any other structure providing shelter, digging or breaking earth, laying down bedding for the purposes of sleeping, using camp paraphernalia, storing personal belongings, starting a fire, regularly cooking or preparing meals, or living in a parked vehicle.
Camp paraphernalia includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-city designated cooking facilities and similar equipment.
Public park means all city parks and playgrounds.
Public street means all public streets and highways, public sidewalks, public benches, public parking lots and public parking structures.
Public place means public plazas, including the Scottsdale Civic Center Mall, transportation facilities, schools, attractions, monuments and any improved or unimproved public area.
(b) No person shall camp in any public park, street or place, except when specifically authorized by a permit issued by the city.
(c) A violation of any of the provisions of this section shall be punishable as class 1 misdemeanors are punishable under state law. Each day that a violation of this section continues shall constitute a separate offense.
(Ord. No. 3277, § 1, 8-20-01)
Sec. 19-19. Public urination or defecation prohibited.
It shall be unlawful for any person to urinate or defecate in a place exposed to public view, except by proper use of a toilet or other suitable facility provided for this purpose.
(Ord. No. 2500, 10-19-92)
Phoenix
Sec. 23-30. Camping.
A. It shall be unlawful for any person to camp in Patriots Park 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.
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. This section shall not be interpreted to permit or authorize any person to camp on any real property, including any park or mountain preserve area, that is owned, possessed or controlled by the City and that is excluded from the areas designated in subsection A.
(Ord. No. G-3552, § 1)
Cross references: Parks and recreation, ch. 24.
Sec. 23-48. Prohibited public activities.
It shall be unlawful for any person to urinate or defecate upon any of the public sidewalks or crosswalks in the City or upon any public path, by-way or highway, or upon the floor or interior of any bus or other public conveyance, or in or on any public place or park which is easily visible or readily accessible from a public thoroughfare or public conveyance, except where suitable facilities are provided therefor.
(Ord. No. G-2239, § 2)
Glendale
Sec. 25-90. Camping prohibited; exceptions.
(a) It shall be unlawful for any person to camp upon any public or private land, whether or not such camping takes place in a motor vehicle. A violation of this paragraph shall constitute a class 1 misdemeanor punishable in accordance with Glendale City Code section 1-7.
(b) The following activities shall not be punishable under section 25-90(a):
(1) Camping on own property. Landowners or family members of landowners who camp on such land for their own private use and enjoyment;
(2) Camping authorized by permit. Any organized and supervised camping activity, on public or private land, which has secured prior permission of the city manager or his designee; or
(3) Tailgating. Any camping which occurs for twenty-four (24) or less consecutive hours in the parking lots of any stadium or arena with a seating capacity of more than fifteen thousand (15,000) and owned or operated by a public entity or agency.
(Ord. No. 2332, § 2, 7-22-03)
Mesa
http://www.cityofmesa.org/humansvc/homelessplan_respons.asp
http://www.cityofmesa.org/humansvc/pdf/FinalHomelessTF.pdf
Tempe
http://www.tempe.gov/citycode/23parks&recreation.htm
ARTICLE IV. URBAN CAMPING
Sec. 23-90. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Camp means resident in or using a public park, preserve, street or other public place for living accommodation purposes; including, but not limited to, activities such as erecting tents or any structure providing shelter, laying down bedding for the purpose of sleeping, storing personal belongings, starting a fire, regularly cooking or preparing meals, or living in a parked vehicle.
Preserve means any real property designated by the city council as a preserve.
Public park includes all city parks and playgrounds.
Public street includes all public streets and highways, public sidewalks, public benches and public parking lots.
Public place includes public plazas, transportation facilities, schools, attractions, monuments, and any improved or unimproved public area.
(Ord. No. 97.25, 8-21-97; Ord. No. 2002.22, 8-1-02)
Sec. 23-91. Prohibited acts.
No person shall camp in any public park, preserve, street or place; except in areas specifically for such use, or specifically authorized by permit.
(Ord. No. 97.25, 8-21-97; Ord. No. 2002.22, 8-1-02)
Sec. 23-92. Penalty.
Any person convicted of a violation of any provision of this article shall be guilty of a class 1 misdemeanor punishable as set forth in § 1-7 of this code.
(Ord. No. 97.25, 8-21-97)
http://www.tempe.gov/citycode/22offensesmisc.htm
Sec. 22-13. Urination, defecation in public place.
(a) It shall be unlawful for any person to urinate or defecate in, or upon any public or private property except in toilet facilities provided therefor.
(b) Any violation of this section shall be punishable as a petty offense, subject to a maximum penalty of three hundred dollars ($300) per violation.
(Ord. No. 92.39, 7-30-92)
http://www.tempe.gov/citycode/24peddlers&solicitors.htm
ARTICLE V. AGGRESSIVE SOLICITATIONS
Sec. 24-115. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Aggressive manner means:
(1) Intentionally, knowingly or recklessly making any physical contact with or touching another person in the course of the solicitation without the person's consent;
(2) Approaching or following a person before, during or after soliciting if that conduct is 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 otherwise be intimidated into giving money or other thing of value;
(3) Continuing to solicit from a person after the person has given a negative response to such soliciting;
(4) Intentionally, knowingly or recklessly obstructing the safe or free passage of the person being solicited or requiring the person to take evasive action to avoid physical contact with the person making the solicitations. Acts authorized as an exercise of one's constitutional right to picket or protest shall not constitute obstructing passage; or
(5) Intentionally, knowingly or recklessly using obscene, abusive or threatening language or gestures intended or likely to cause a reasonable person to fear imminent bodily harm or reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
Automated teller machine means a device, linked to a financial institution's account records, which is able to carry out transactions, including but not limited to, account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
Bank means a bank, credit union or other similar financial institution.
Public transportation vehicle means any vehicle used for the transportation of passengers on scheduled routes on an individual passenger fare-paying basis.
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, schools and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.
Solicit means to request an immediate donation or exchange 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. Soliciting shall include using the spoken, written, or printed word, bodily gestures or any other means of communication. Soliciting does not include requesting or accepting payment of the fare on a public transportation vehicle by the operator of the vehicle.
(Ord. No. 97.42, 8-21-97)
Sec. 24-116. Prohibited acts.
It shall be unlawful for any person to solicit any money or other thing of value, or to solicit the sale of goods or services:
(1) In an aggressive manner in a public area;
(2) Within fifteen (15) feet of any entrance or exit of any bank or within fifteen (15) feet of any automated teller machine; or
(3) In any public transportation vehicle or from persons waiting within fifteen (15) feet of a sign designating a bus stop.
(Ord. No. 97.42, 8-21-97)
Sec. 24-117. Penalty.
A violation of this section is a class 1 misdemeanor. In addition to any other penalties authorized by law, the court may order a person sentenced under this section to perform community service work.
(Ord. No. 97.42, 8-21-97)
http://www.tempe.gov/citycode/29streets&sidewalks.htm
ARTICLE V. SITTING OR LYING DOWN ON PUBLIC
SIDEWALKS IN THE DOWNTOWN COMMERCIAL DISTRICT
Sec. 29-70. Prohibited conduct; exceptions.
(a) No person shall sit or lie down upon a public sidewalk or upon a blanket, chair, stool, or any other object not permanently affixed upon a public sidewalk or median in the downtown central commercial district during the hours between 7:00 a.m. and 10:00 p.m. on weekdays and between 7:00 a.m. and 1:00 a.m. on Fridays and Saturdays.
(b) The prohibition in subsection (a) shall not apply to any person:
(1) Sitting or lying down on a public sidewalk due to a medical emergency;
(2) Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk;
(3) Operating or patronizing a commercial establishment conducted on the public sidewalks pursuant to a permit; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted on the public sidewalk pursuant to a permit;
(4) Sitting on a chair or bench located on the public sidewalk which is supplied by a public agency or by the abutting private property owner; or
(5) Sitting on a public sidewalk within a bus zone while waiting for public or private transportation.
(c) Nothing in the exceptions enumerated in subsection (b) shall be construed to permit any conduct which is otherwise prohibited by law.
(d) No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section.
(Ord. No. 98.57, 12-17-98)
Sec. 29-71. Penalty.
Violation of this article shall constitute a class 3 misdemeanor.
(Ord. No. 98.57, 12-17-98)
Free to Camp Coalition