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Tempe, AZ Public Conduct: Loud Party Ordinance (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

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

Summary

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.

When any police officer responds to any nuisance party and that police officer determines that there is a threat to the public peace, health, safety or general welfare, the police officer shall issue a written notice to any responsible person(s). The responsible person(s) will be assessed a police service fee for special security assignments relating to nuisance parties as provided in Appendix A.

View official code

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

Under Sec. 5-32, when an officer responding to a nuisance party finds a threat to public peace, health, safety or general welfare, the officer issues a written notice to any responsible person and assesses a police service fee for the special security assignment, set in Appendix A. Notice can be served in person at the party, posted on the door for residents, or sent by certified mail to the property owner using the Maricopa County tax assessment address; landlords must provide the names of occupants on the lease documents on request.

A second police response to the same address within ninety days of the first notice is billed as a second-tier fee, and a third response within 365 days of the second is billed at the third tier. The fee escalates to the next tier if the officer finds a minor in possession or consumption, illegal drugs, weapons, or felonious conduct present (subsection (c)). A related provision, Sec. 5-33, separately covers 'unlawful gatherings' where a minor possesses or consumes alcohol or anyone possesses or consumes illegal drugs, and gives a first-time responsible person the option of a substance-use education class instead of the fee.

Property owners are shielded from the fee under Sec. 5-34(c) unless they were present or knew about the party and did nothing, were already warned about a prior incident at the same address within ninety days, or refused to identify their tenants; owners can also get the fee waived by showing they lacked adequate time to prevent it or have since taken reasonable preventive steps. Fees are a joint and several debt owed to the City by every responsible person, including parents or guardians if a responsible person is a juvenile, recoverable with attorney fees in a City-initiated action.

Violations & Fines

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.

Frequently Asked Questions

Who gets cited at a Tempe nuisance party?
Sec. 5-32 authorizes a police service fee notice against any 'responsible person' present, which includes the owner, occupant, tenant, tenant's guest, or sponsor, host or organizer of the gathering, plus a juvenile's parents or guardians if the responsible person is a minor.
Can a Tempe landlord be billed for a tenant's party?
Only under limited conditions in Sec. 5-34(c): the owner was present or knew about the party and did nothing, a prior notice was sent within the last ninety days and it happened again, or the owner refused to provide the names of occupants on the lease.
How do I dispute a nuisance party fee in Tempe?
A first-response fee within a 365-day period is appealed to the police commander and then, if needed, to an administrative hearing with the City Manager's designee; a second or later response fee is appealed straight to City Court within fifteen days of the determination.

Sources & Official References

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