Public Conduct in Surprise, AZ: What Residents Actually Need to Know

If you live in Surprise or are thinking about moving there, public conduct are one of those things you probably won't think about until they affect you directly. Surprise has 6 specific rules on the books covering different aspects of public conduct, and some of them might surprise you.

Outdoor Smoking Restrictions

Surprise requires anyone smoking outdoors to stay at least 15 feet away from any enclosed area where smoking is banned, so secondhand smoke does not drift back in through doors, windows or vents. Smoking is also flatly banned inside designated dog parks, on top of the citywide indoor smoke-free workplace and public-place rules.

Key details: Governing section: City Code Sec. 22-25. Buffer distance: 15 feet from enclosed no-smoking areas. Dog park rule: No smoking/vaping in dog parks, Sec. 38-32(b)(10). Violation class: Civil violation (Sec. 22-30). Enforcement: City manager or designee.

Smoking within 15 feet of an entrance, window or vent of an enclosed area where smoking is prohibited violates Sec. 22-25 and is a civil violation under Sec. 22-30, enforced by the city manager or designee. Smoking or vaping inside a designated dog park separately violates Sec. 38-32(b)(10).

Public Alcohol Use

Surprise bans possessing or drinking beer or spirituous liquor on any city property, including parks, the community center and city hall, unless the activity falls under the city's special-events beer-permit rules in chapter 38, article II. Being on city property while impaired, or with a blood/breath alcohol level of 0.10 or higher, is also prohibited.

Key details: Governing section: City Code Sec. 6-3. Where banned: All city property, incl. parks, city hall. Alcohol concentration limit: 0.10 within 2 hours on city property. Exception: Permitted beer event under ch. 38, art. II. Source: Code 2007, § 9.24.030.

Possessing or drinking alcohol on city property outside a permitted event, or being on city property intoxicated or at 0.10 blood alcohol or higher, is a violation of Sec. 6-3 enforceable by city police as a civil or criminal citation. A permit obtained under chapter 38, article II is the only recognized exception, and permits are issued by the parks and recreation director subject to fees set by resolution.

Public Marijuana Use

Surprise bans smoking or consuming marijuana anywhere on city-owned or city-operated property, in any 'open space' such as a public park, sidewalk, trail or right-of-way, and smoking marijuana in any 'public place' as defined by Arizona's Smoke-Free Arizona Act. City Code Section 34-303 applies even though Arizona voters legalized recreational marijuana, because state law lets cities regulate where it is consumed.

Key details: Governing section: City Code § 34-303. Adopted: Ord. No. 2020-37, Nov. 17, 2020. Covers: City property, open space, public places. Open space definition: Parks, sidewalks, trails, rights-of-way. Default penalty: Class 1 misdemeanor (§ 1-7(d)).

Chapter 34 does not list a specific fine for Section 34-303 itself, so the citywide default penalty in Section 1-7(d) applies: a violation is a class 1 misdemeanor punishable under state law's class 1 misdemeanor scale, and each day a violation continues counts as a separate offense. Surprise police can issue a citation on the spot for smoking or consuming marijuana in a park, sidewalk, or other open space.

Skateboarding Rules

Surprise prohibits roller skates, skateboards, in-line skates, rollerblades, motorized play vehicles, non-motorized scooters and bicycles on any city property that the city manager or designee has posted as a prohibited area, under City Code Sec. 34-112. The rule applies only where signage designates the restriction, not citywide.

Key details: Covers: Skateboards, rollerblades, scooters, bicycles. Trigger: Only where posted by city manager/designee. Adopted: Ord. No. 09-25, § 1 (2009). Default penalty: Class 1 misdemeanor (Sec. 1-7(d)).

A violation of Sec. 34-112 defaults to Sec. 1-7(d)'s general penalty, a class 1 misdemeanor, since the skateboarding section does not specify its own punishment. Surprise code enforcement or police may instead issue a civil citation under Chapter 2, Article VI for riding a prohibited device on posted city property.

Compared to other cities, Surprise takes a harder line on skateboarding rules. The enforcement and penalty structure reflects that.

Public Urination

Surprise makes it a class 1 misdemeanor to urinate or defecate anywhere exposed to public view unless you're using a toilet or other suitable facility provided for that purpose. City Code Section 34-159 applies citywide, on streets, sidewalks, parks and parking lots alike, and the Surprise Police Department can arrest or cite violators on sight without needing a separate obstruction or nuisance finding.

Key details: Governing section: City Code § 34-159. Offense class: Class 1 misdemeanor. Location covered: Any place exposed to public view. Exception: Proper use of a toilet or suitable facility. Related park rule: § 42-52(e) camping-area restatement.

A first violation is a class 1 misdemeanor, carrying up to six months in jail and a fine up to $2,500 under Arizona's class 1 misdemeanor sentencing scale, though Surprise Municipal Court can also impose probation or a lesser fine. Officers may issue a criminal citation or make a physical arrest depending on the circumstances, and a related camping-area violation under Section 42-52(e) can be charged separately.

Jaywalking

Outside a marked crosswalk, Surprise requires pedestrians to cross a roadway by the shortest route straight across, at right angles to the curb, under Code § 54-6. Standing or stopping in a travel lane or an unmarked median is also barred except while waiting to cross at the next signal once traffic has stopped. Police must give a first-time warning; only a second or later violation becomes a class 1 misdemeanor.

Key details: Crossing rule: Right-angle, shortest route outside a crosswalk. Roadway standing: Barred except waiting for pedestrian signal. First violation: Warning required before any citation. Repeat violation: Class 1 misdemeanor. Effective date: July 1, 2015 (Ord. No. 2015-08).

A first offense under Section 54-6, and only after police have given the pedestrian a warning, is a civil traffic offense rather than a crime. Any second or subsequent violation of the section is a class 1 misdemeanor, Arizona's most serious misdemeanor classification. Because the warning-first rule is written directly into the ordinance, an officer must be able to show that a warning was already given before any citation, civil or criminal, can be issued.

The Bottom Line

Surprise's public conduct rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Surprise is broadly strict or permissive.

All of the above reflects Surprise's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.