Chapter 11 - Offenses

ARTICLE 11-1        OFFENSES

11-1-1           Dangerous Constructions

11-1-2           Excavations

11-1-3           Explosives

11-1-4           Fireworks

11-1-5           Minors

11-1-6           Noise

11-1-7           Nuisance

11-1-8           Obstruction of View

11-1-9           Offensive Premises

11-1-10         Spirituous Liquor in Town Parks

11-1-11         Minors Carrying or Possessing Firearms

11-1-12         Obscene Conduct

11-1-13         False and Fraudulent Acts Prohibited

11-1-14         Acts Relative to Police Officers

11-1-15         Weapons - Restrictions and Prohibitions

Section 11-1-1      Dangerous Constructions

It is unlawful for any person to situate, construct or maintain any signs, billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, in such a manner as to endanger the public safety.

Section 11-1-2      Excavations

1. It is unlawful for any person to excavate, dig or produce in any manner or cause to be made any opening, displacement, depression or impairment of the surface of any public place or public thoroughfare without first making application for a permit from the town.
   
   

2. The work of excavating shall be under the supervision and direction of an employee designated by the town manager.
   
   

3. The applicant shall be liable for all damages to persons or property caused by such excavating and shall hold the town harmless for any damages incurred in performance of the work specified.
   
   

4. It is unlawful for any person to 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 such excavation to protect the public during the day.
   
   

5. It is unlawful for any person to 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.
   
   

6. Any person authorized to excavate in any public place, public road, street, alley, right-of-way or public thoroughfare shall, as soon as is practicable, but in no event later than thirty days after completion of such excavation, restore said public place, public road, street, alley, right-of-way or public thoroughfare to at least the same condition as existed prior to such excavation; provided, however, in the event necessary for the public safety, the town may, by written notice, require that the public place, public road, street, alley, right-of-way or public thoroughfare be restored in less than thirty days.
   
   

7. In the event the person making the excavation has made a good faith attempt to restore the public place, public road, street, alley, right-of-way or public thoroughfare to at least the condition as existed prior to such excavation, but has done so in a manner unsatisfactory to the town, the town shall, by certified mail, notify the grantee, licensee or other responsible party of its failure to properly restore said public place, public road, street, alley, right-of-way or public thoroughfare setting forth what actions must be taken to properly restore said public place, public road, street, alley, right-of-way or public thoroughfare to its previous condition and the time in which said actions must be taken.
   
   

8. If the restoration required by subsection F or G of this section is not timely performed, the town may perform the work necessary to restore the public place, public road, street, alley, right-of-way or public thoroughfare to its previous condition and charge the expense of such restoration to the responsible grantee, licensee or other responsible party.
   
   

9. For the purposes of this section, unless the context otherwise requires, "Excavation" means any operation in which earth, rock or other material in the ground is moved, removed or otherwise displaced by means or use of any tools, equipment or explosives and includes, without limitation, grading, trenching, digging, ditching, drilling, auguring, tunneling, scraping, cable or pipe plowing and driving.

Section 11-1-3      Explosives

1. It is unlawful for any person within the limits of the town to keep or use a highly explosive substance without a written permit from the police chief.
   
   

2. Persons who keep, use or transport their own ammunition or reloading supplies, solely for sporting purposes, shall be exempt from these provisions.

Section 11-1-4      Fireworks

1. It is unlawful for any person to have in his possession any fireworks or combustible or explosive material combined in such a manner as to produce lights or flashes of light or explosive noises for display or amusement.
   
   

2. Nothing in this section shall be held to apply to the possession or use of signaling devices for current daily use by railroads, trucks and others requiring them.  
   
   

3. The chief of the fire department or the clerk may upon application issue a permit to a properly qualified person for giving a pyrotechnic display in the public parks or other open spaces.  

Section 11-1-5      Minors ^[1]

1. Definitions.  In this section, unless the context otherwise requires:

   1.      "Adult" means a person eighteen years of age or older.

   2.      "Curfew" means the hours between ten o'clock p.m. and six o'clock a.m.

   3.      "Guardian" means an adult having legal custody of a minor.

   4.      "Minor" means a person seventeen years of age or younger.
   
   

2. Unlawful Conduct.

   1.      A minor shall not be upon any of the streets, alleys or public places in the town during curfew.

   2.      A parent or guardian of a minor shall not permit such minor to be upon any of the streets, alleys or public places in the town during curfew.  It shall not constitute a defense that a parent or guardian had no knowledge of a minor's violation of paragraph 1 of this subsection.
   
   

3. Exceptions.  It shall not be a violation of the section where:

   1.      The minor is accompanied by a parent, guardian or an adult approved by a parent or guardian.

   2.      The minor is on an errand or conducting urgent business with reasonable promptness under the direction of a parent or guardian.

   3.      The minor is at a school or church sponsored function with adult supervision.
   
   

4. Penalty.

   1.      A minor who violates this section shall be referred to Juvenile Court pursuant to Chapter 2, Title 8, Arizona Revised Statutes.

   2.        An adult who violates this section shall be guilty of a misdemeanor.

Section 11-1-6      Noise^[2]

1. In General.  It is unlawful for a person to create, assist in creating, permit, continue or permit the continuance of any unreasonably loud, disturbing or unnecessary noise in the town such as produces annoyance, inconvenience, discomfort or hurt to any person, or to the enjoyment of property or comfort of any person, or affects the health, safety or morale of the public.  The following, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but any enumeration herein shall not be deemed to be exclusive:

   1.      The playing or permitting to be played of any music or musical instrument 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 quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.

   2.      The use of any vehicle, engine or motor of whatever size, stationary or moving, instrument, construction equipment, device or thing, in such a manner as to create loud and unnecessary grating, grinding, rattling, pounding or other noise.

   3.      The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort and repose of any person in the vicinity.

   4.      A person, who acting individually or as a group, creates verbal or other noises in a manner which disturbs the peace, quiet or tranquility of a residential neighborhood, apartment complex or other residential area; or, operation of any sound amplification device mounted on or inside a motor vehicle in a manner which disturbs the peace, quiet and tranquility of a residential neighborhood, apartment complex or other residential area.

   5.      For the purposes of this section, it shall be prima facie evidence of a violation of this section if any of the above noises are made, created or produced in any residential area between the hours of ten o'clock p.m. and six o'clock a.m.
   
   

2. Vehicle Noise.

   1.      It is unlawful for any person to operate a motor vehicle which shall not at all times be equipped with a muffler upon the exhaust thereof in good working order and in constant operation to prevent excessive or unusual noise, and it is unlawful for any person operating any motor vehicle to use a cut-out, by-pass or similar muffler elimination appliance.

   2.      Any time a police officer has reasonable cause to believe that a vehicle is not equipped as required by law, or that its equipment is not in proper adjustment or repair, the officer will take appropriate action within the guidelines of A.R.S. § 28-981, 28-982 and 28-983, and any later amendments or revisions thereto.
   
   

3. Enforcement.  Upon complaint to the police department by any person disturbed or annoyed by noises in violation of subsections A and B of this section, or if any such violation occurs in the presence of a police officer, the police department shall investigate such complaint and, if found justified, shall contact the person causing or permitting the continuance of such noise, notifying him immediately to abate the nuisance.  If the person so notified refuses or neglects to abate the same forthwith, complaint may be filed against the offending person.
   
   

4. Punishment.  Any act in violation of subsection A or B of this section is hereby declared to be a loud and unnecessary noise.  Violations shall be subject to the provisions of Article 1-8 of this code.

Section 11-1-7      Nuisance

1. Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or which unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, alley, sidewalk, street or highway, is a public nuisance, and is no less a nuisance because the extent of the annoyance or damage inflicted is unequal.
   
   

2. It is unlawful for any person to maintain or commit a public nuisance, or to willfully omit to perform any legal duty relating to the removal of a public nuisance.
   
   

3. A public nuisance may be abated by order of the town court.

Section 11-1-8      Obstruction of View

It is unlawful for any person to maintain or allow any tree, hedge, billboard or other obstruction which prevents persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.

Section 11-1-9      Offensive Premises

It is unlawful for any person to suffer, or permit any premises belonging to or occupied by him, or any cellar, privy, vault, pool, sewer, septic tank or private drain therein to become nauseous, foul or offensive to the senses or prejudicial to the public health or comfort.

Section 11-1-10    Spirituous Liquor in Town Parks

1. Spirituous Beverages Prohibited.  It is unlawful for any person to possess or consume spirituous beverages on the premises of the Thatcher Little League Ball Park, the Thatcher Town Park located at Reay Lane and Highway 70 or the Daley Estates Park.
   

2. Duty of Police Officers to Enforce.  It shall be the duty of any police officer of the town to enforce this section.  The chief of police shall report to the town clerk all violations of this section.
   

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

   1.      "Spirituous liquor" means alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor, malt beverage, absinthe or compound or mixture of any of them, or any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, and 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 percent of alcohol by volume.

   2.      "Thatcher Little League Park" means those premises located within the Southwest quarter of Section 11 or the Southeast quarter of Section 10, all in Township 7 South, Range 25 East, and adjoining the Thatcher Cemetery, used for the purpose of baseball, softball, tennis or similar activities.

   3.      "Thatcher Park" means those premises located within that part of the Southeast Quarter of Section 3, Township 7 South, Range 25 East of the Gila and Salt River Base and Meridian, Town of Thatcher, Graham County, Arizona, more particularly described as follows:

   Commencing at the East Quarter corner of said Section 3;

   Thence South 00 degrees 14' 10" West a distance of 1054.42 feet to the POINT OF BEGINNING:

   Thence South 00 degrees 14' 10" West a distance of 326.57 feet to the Northerly right-of-way of U. S. Highway 70;

   Thence South 89 degrees 45' 05" West, along said right-of-way, a distance of 231.28 feet to the TS of a spiral curve;

   Thence North 88 degrees 51' 53" West, along the chord of said spiral curve whose a = 1/3 and Ls = 500 feet, a distance of 496.25 feet to a point of curve;

   Thence along a curve to the right having a radius of 3387.75 feet, a central angle of 001 degrees 33' 44", an arc length of 92.37 feet, and a chord which bears North 85 degrees 18' 03" West to a point on a line;

   Then North 00 degrees 20' 10" East, leaving said right-of-way, a distance of 304.56 feet;

   Thence South 89 degrees 45' 50" East a distance of 447.10 feet;

   Thence North 00 degrees 14' 10" East a distance of 9.00 feet;

   Thence South 89 degrees 45' 50" East a distance of 371.92 feet to the POINT OF BEGINNING.

   4.      "Daley Estates Park" means those premises BEGINNING at the Northwest corner of Section 26, Township 7 South, Range 25 East of the Gila and Salt River Base and Meridian, Graham County, Arizona; running thence South 0 degrees 13' 13" West, along the West line of said Section 26, a distance of 120.00 feet to the TRUE POINT OF BEGINNING;

   Thence South 89 degrees 43' 57" East, 25.00 feet to the Southwest corner of Lot 14, DALEY'S COUNTRY CLUB ESTATES, UNIT II, according to File No. 4, D-2, Records of Graham County, Arizona;

   Thence South 0 degrees 13' 13" West, 80.00 feet;

   Thence South 89 degrees 43' 57" East, 292.00 feet;

   Thence South 0 degrees 13' 13" West, 195.00 feet;

   Thence North 89 degrees 43' 57" West, 317.00 feet to the West line of said Section 26;

   Thence North 0 degrees 13' 13" East, along said West line of Section 26, a distance of 275.00 feet to the TRUE POINT OF BEGINNING.

Section 11-1-11    Minors Carrying or Possessing Firearms^[3]

1. Except as provided in subsection B of this section, an un-emancipated person who is under eighteen years of age and who is unaccompanied by a parent, grandparent or guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the un-emancipated person's parent or guardian shall not knowingly carry or possess on his person, within his immediate control, or in or on a means of transportation a firearm in any place that is open to the public or on any street or highway or on any private property except private property owned or leased by the minor or the minor's parent, grandparent or guardian.
   
   

2. This section does not apply to a person who is fourteen, fifteen, sixteen or seventeen years of age and is any of the following:

   1.      Engaged in lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.  

   2.      Engaged in lawful transportation of an unloaded firearm for the purpose of lawful hunting.

   3.      Engaged in lawful transportation of an unloaded firearm between the hours of 5:00 a.m. and 10:00 p.m. for the purpose of shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.
   
   

3. If the minor is not exempt under subsection B of this section and is in possession of a firearm, a peace officer may seize the firearm and hold it until the agency returns the firearm to the  parent  or  guardian or initiates forfeiture proceedings pursuant to Chapter 39, of Title 13, Arizona Revised Statutes.
   
   

4. A person who violates subsection A of this section is an incorrigible child and shall be subject to the following penalties:

   1.      For an offense involving an unloaded firearm, a fine of not more than two hundred fifty dollars and the court may order the suspension or revocation of the person's driver's license.

   2.      For a offense involving a loaded firearm, a fine of not more than five hundred dollars and the court may order the suspension or revocation of the person's driver's license.
   
   

5. If the firearm is not returned to the parent or guardian pursuant to subsection C of this section, it shall be held by the law enforcement agency responsible for the seizure until the charges have been adjudicated or otherwise disposed of and until the conclusion of any forfeiture proceedings.  Upon adjudication of a person for a violation of this section, the Court in accordance with Chapter 39, of Title 13, Arizona Revised Statutes, shall order the firearm forfeited and sold, destroyed or disposed of otherwise.
   
   

6. If the Court finds that the parent or guardian of a minor found responsible for violating this section knew of the minor's unlawful conduct and made no effort to prohibit it, the parent or guardian is jointly and severally responsible for any fine imposed pursuant to this section.
   
   

7. This section is supplemental to any other law imposing a criminal penalty for the use or exhibition of a deadly weapon.  A minor who violates this section may be prosecuted and convicted for any other criminal conduct involving the use or exhibition of the deadly weapon.

Section 11-1-12    Obscene Conduct^[4]

It is unlawful for any person to urinate or stool in any place open to the public view or to be guilty of any lewd, lascivious or obscene conduct in any public place where other persons are present or indecently to exhibit any animal.

Section 11-1-13    False and Fraudulent Acts Prohibited^[5]

1. It is unlawful for anyone to intentionally turn on, activate any mechanical, fire or emergency alarm or otherwise falsely report an emergency which causes any firefighter, police officer or other persons to initiate an emergency response when there is no cause.
   
   

2. It is unlawful for any person to represent falsely himself to be an officer of the town or to attempt to impersonate any such officer or to perform without authority any official act therein on behalf of an officer.

Section 11-1-14    Acts Relative to Police Officers^[6]

1. It is unlawful for any citizen over the age of eighteen 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.
   
   

2. It is unlawful for any person to willfully interfere with, resist, delay, obstruct, molest or threaten to molest any officer or any member of the police or fire departments, building inspector or animal control officer of the town in the exercise of his official duties or knowingly and maliciously give any false information to any officer of the town.

Section 11-1-15    Weapons - Restrictions and Prohibitions^[7]

The wilful, unnecessary and unsafe shooting within the corporate limits of any air gun, air pistol or other weapon or instrument which is capable of propelling or emitting through force a shot, pellet or other small projectile for a distance of fifty feet or more is hereby prohibited.

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