Tempe, AZ Public Conduct: Loud Party Ordinance (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.
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?
Can a Tempe landlord be billed for a tenant's party?
How do I dispute a nuisance party fee in Tempe?
Sources & Official References
Other rules in Tempe
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