Tempe, AZ Public Conduct: Loitering Rules (2026)

Sec. 22-4 targets obstruction of public ways rather than mere presence, which distinguishes it from a true loitering ordinance. ' Subsection (c) is broader still, barring anyone from 'obstruct[ing] or plac[ing] any obstruction upon, across or along any street, alley or sidewalk in any manner,' which reaches physical blockages like furniture, encampments or vending setups left across a public walkway. The section carries two built-in limits: subsection (d) exempts government agencies, City employees acting in the scope of their duties, and utility companies performing utility work, and subsection (e) states the section 'shall not be interpreted to restrict the lawful exercise of freedom of speech and assembly,' so peaceful demonstrators and panhandlers engaged in protected speech are not swept in merely for occupying a sidewalk.

A violation is a Class 1 misdemeanor under subsection (f), Tempe's top misdemeanor tier, punishable under the general penalty in Sec. 1-7. The section traces to the 1967 Code (Sec. 21-15, 30-1) and was most recently amended by Ord. No. 19 on September 5, 2024. Tempe police typically pair this section with Sec. 22-6 (hindering or interfering with police) when someone refuses to move after a lawful order, since Sec. 22-6 separately makes it a Class 1 misdemeanor to willfully interfere with, hinder or refuse to obey an officer's lawful order.