Tempe's Public Conduct: The Rules That Matter

Every city handles public conduct a little differently. In Tempe, Arizona, there are 8 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Loitering Rules

Tempe bans blocking streets, alleys, sidewalks or parks under City Code Sec. 22-4, making it a Class 1 misdemeanor to obstruct pedestrian or vehicular traffic or block access to a business or residence. The law exempts lawful speech and assembly and does not reach government agencies, City employees or utility crews doing their jobs.

Key details: Offense level: Class 1 misdemeanor. Covered locations: Streets, alleys, sidewalks, parks, public property. Speech carve-out: Lawful speech/assembly expressly protected. Exempt actors: Government agencies, City staff, utility crews. Last amended: Ord. No. O2024.19, Sept. 5, 2024.

Obstructing a public street, alley, sidewalk, park or other public property, or blocking access to a business or residence, is a Class 1 misdemeanor under Sec. 22-4(f). The exemptions for government agencies, City employees, utility companies and constitutionally protected speech and assembly are built into the section itself, not left to prosecutorial discretion.

Outdoor Smoking Restrictions

Tempe bans smoking outdoors in its desert preserves, like the Papago Park and South Mountain-area preserves, under City Code Sec. 23-111(a)(20): 'No smoking shall be permitted in the preserve.' The Zoning and Development Code plays no role here; this is a Chapter 23 parks-and-recreation rule enforced as a civil offense under Sec. 23-132.

Key details: Where it applies: City-designated preserves (e.g., desert preserve land). Rule: No smoking permitted in the preserve. Penalty class: Civil violation, not criminal. Fine range: $100 to $1,000 per violation. Default penalty: Additional $50 for failing to appear.

Smoking anywhere within a City-designated preserve violates Sec. 23-111(a)(20) and is enforced as a civil offense under Sec. 23-132, carrying a fine between $100 and $1,000 plus a $50 default penalty for failing to appear, rather than as a criminal charge.

Public Marijuana Use

Tempe bans smoking or consuming marijuana anywhere on city-owned property, in any open space such as parks, sidewalks and rights-of-way, or in any public place under the Smoke Free Arizona Act definition. City Code Chapter 22A applies "to the fullest extent allowable by law," also covering sale, cultivation, manufacture and storage of marijuana on municipal property.

Key details: Governing chapter: City Code Ch. 22A, §§ 22A-1 to 22A-3. Adopted: Ord. No. O2021.10, March 25, 2021. Penalty: Class 1 misdemeanor per §1-7. Covered locations: City property, open spaces, public places. Enforcing agency: Tempe Police Department.

Each incident is a separate offense under Section 22A-3(b). A conviction is punishable as a Class 1 misdemeanor under Section 1-7 of the Code unless state law specifies a different penalty. City penalties are cumulative with state and federal law, and paying a fine does not excuse a person from correcting or removing any prohibited marijuana, product or structure involved in the violation.

This is one of the stricter rules in Tempe's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Public Alcohol Use

Possessing or drinking spirituous liquor in any Tempe city park is prohibited outright under Section 23-45. Only malt beverages qualify for personal consumption, and only with a one-day permit from the Community Services Department; the ban must be posted at every park entrance, and violators face a misdemeanor.

Key details: Spirituous liquor: Prohibited in all city parks. Beer exception: 1-day permit, parks 3+ acres only. Rio Salado: No personal beer permits on Town Lake. Penalty: Misdemeanor under §1-7; permit violation = Class 3. Permitting dept: Community Services Department.

Violating the park liquor ban is a misdemeanor under Section 23-45(c), punishable per the Code's general penalty section, Section 1-7. A beer-permit holder who violates any permit condition commits a Class 3 misdemeanor under Section 23-56(d) and is separately billed for any City costs tied to the violation.

This is one of the stricter rules in Tempe's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Loud Party Ordinance

Tempe City Code Sec. 5-32 lets police cite any responsible person, including a host, tenant or landlord, at a nuisance party threatening public peace, health, safety or welfare, and bills a rising police service fee for repeat responses to the same address.

Key details: Governing section: Tempe City Code Sec. 5-32. Second-response window: 90 days of first notice. Third-response window: 365 days of second response. First-response appeal: To police commander, then City Manager. Second-response appeal deadline: 15 days to City Court.

A first-response fee dispute can be appealed to the police commander for that geographic area, and if unsuccessful, to an administrative review hearing before the City Manager or designee within ten days; a second or later response fee is instead appealed directly to City Court by filing a notice with the Police Commander and City Clerk within fifteen days of the determination. Fees are billed by the Chief of Police's designee and remain collectible through other legal remedies even after a hearing.

This is not one of those rules that cities tend to ignore. Tempe actively enforces its loud party ordinance requirements.

Aggressive Panhandling

Tempe bans soliciting money "in an aggressive manner" anywhere in public and sets 15-foot no-solicitation buffers around banks, ATMs, bus stops and transit stops under Section 24-116. Aggressive conduct includes touching, blocking someone's path, following after a refusal, or threatening language, and a violation is a Class 1 misdemeanor.

Key details: Governing article: Ch. 24, Art. V §§ 24-115 to 24-117. Buffer zones: 15 ft banks/ATMs/bus stops; 10 ft inside businesses. Penalty: Class 1 misdemeanor, §24-117. Court option: Community service in addition to penalty. Adopted/amended: 1997; amended Ord. 2013.15 (2013).

A violation of Section 24-116 is a Class 1 misdemeanor under Section 24-117, and the sentencing court may order community service work in addition to any other penalty the law authorizes. Because the ordinance targets specific conduct, such as touching, blocking or repeated solicitation after refusal, rather than the act of asking for money itself, officers must document which Section 24-115 or 24-116 element applies before citing someone.

This is not one of those rules that cities tend to ignore. Tempe actively enforces its aggressive panhandling requirements.

Public Urination

Tempe City Code Sec. 22-13 bans urinating or defecating on any public or private property outside a toilet facility, citywide. It is charged as a petty offense capped at a $300 fine per violation, not a misdemeanor, and has been on the books since 1992.

Key details: Offense level: Petty offense, not a misdemeanor. Maximum fine: $300 per violation. Coverage: All public and private property citywide. Adopted: Ord. No. 92.39, July 30, 1992. Governing section: Tempe City Code § 22-13.

Urinating or defecating outside a toilet facility on any public or private property in Tempe is a petty offense under Sec. 22-13(b), capped at a $300 fine per violation, cited through Tempe Municipal Court rather than prosecuted as a misdemeanor.

Jaywalking

Outside Tempe's central business district, pedestrians crossing mid-block must yield to all vehicles; inside it, Section 19-151 requires using a marked or unmarked crosswalk at all, making an unmarked mid-block crossing downtown an outright violation rather than just a yield obligation.

Key details: Governing section: Tempe City Code § 19-151. Downtown rule: Crosswalk required, no mid-block crossing. Elsewhere rule: Mid-block crossing allowed, must yield to traffic. Covers: Pedestrians and human-powered vehicle operators alike. Enacted: Ord. No. 86.45, 7-10-86.

A pedestrian who crosses outside a marked or unmarked crosswalk within Tempe's central business district, or who fails to yield to traffic while crossing mid-block elsewhere in the City, can be cited by Tempe Police; crossing against a signal or suddenly stepping into a vehicle's path adds separate citable violations under subsections (c) and (d).

The Bottom Line

Tempe is tougher than many cities when it comes to public conduct. Out of the 8 rules covered here, 4 are rated strict. If you are a homeowner, renter, or business owner in Tempe, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

These rules come from Tempe's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.