Tempe, AZ Homelessness & Encampment Rules: Sit-Lie Rules (2026)
Key Facts
- Governing sections
- City Code §§ 29-70, 29-71
- Restricted area
- Downtown Central Commercial District sidewalks/medians
- Weekday hours
- 7:00 a.m. to 10:00 p.m.
- Weekend hours
- 7:00 a.m. to 2:30 a.m.
- First offense
- Civil fine up to $100
- Repeat offense
- Class 3 misdemeanor within 12 months
- Warning required
- Officer must warn before first citation
Summary
Tempe bans sitting or lying on a public sidewalk or median in the downtown Central Commercial District between 7 a.m. and 10 p.m. on weekdays, and 7 a.m. to 2:30 a.m. on weekends, under Section 29-70. A first offense is a $100 civil fine; a second within twelve months becomes a Class 3 misdemeanor.
(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 2:30 a.m. on Fridays, Saturdays, and Sundays...(e)Nothing in this article shall be construed to criminalize homelessness, targeting the homeless community, or otherwise criminalizing an individual's status rather than conduct.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 33 Update 4 | Zoning and Development Code: Supplement 11 Update 2).
Full Breakdown
on Fridays, Saturdays, and Sundays. Section 29-70(b) lists five exceptions: a medical emergency, using a wheelchair or similar mobility device because of a disability, operating or patronizing a permitted sidewalk business or attending a permitted parade, festival, rally, or similar event, sitting on a bench supplied by a public agency or the abutting property owner, and waiting in a bus zone for transportation. Subsection (d) requires a warning first: no one can be cited unless a law enforcement officer has already told them the conduct violates the section.
Subsection (e) states the article is not meant to criminalize homelessness or target the homeless community as a status, only the specific conduct during the restricted hours and place. This district-specific rule sits alongside the separate, broader Section 29-24 ban on sitting, lying, or sleeping anywhere in a Tempe public right-of-way in a way that impedes it or creates a safety risk, which the Police Chief enforces citywide as a Class 3 misdemeanor without Section 29-70's time windows or warning-first requirement.
Violations & Fines
Section 29-71 sets a graduated penalty: a first violation of Section 29-70 is a civil offense with a fine of not more than $100. A second or later violation within twelve months of a prior conviction or civil finding becomes a Class 3 misdemeanor, a criminal charge. No citation can issue on a first encounter; Section 29-70(d) requires a law enforcement officer to first warn the person that their conduct violates the section.
Frequently Asked Questions
Where does Tempe's sit-lie ordinance apply?
What is the penalty for violating Tempe's sit-lie rule?
Are there exceptions to the downtown sit-lie ban?
Sources & Official References
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