Use of Drones
Drones (e.g. UAS, radio-controlled planes, helicopters, quadcopters and the like) are prohibited in City of Tucson parks, with the exception of Christopher Columbus Park's Model Airplane Field and its adjacent turf area, per the following regulations:
- Arizona Revised Statutes 13-3729
- Federal Code of Regulations Title 14, Part 107
- Federal Aviation Administration (FAA) Small Unmanned Aircraft Rule Part 107
Tucson City Code
Chapter 21 Parks and Recreation
Article 1 Operation and Regulation of Parks
Sec. 21-1 Definitions
Sec. 21-2 Operation of parks under director
Sec. 21-3 Regulations regarding park use
Sec. 21-4 Permits, licenses, and reservations
Sec. 21-5 Regualtion of activities in areas adjacent to or affecting parks
Sec. 21-6 Enforcement
Sec. 21-7 Penalties
Sec. 21-8 Consumption of malt beverages
In this article, unless the context otherwise requires:
Sec. 21-1(1). Camping means the placement of any tent, temporary shelter or structure, blanket, cloth, or other sleeping implements on park property for the purpose of protection from the elements for any persons remaining in the park.
Sec. 21-1(2). Director means the director of parks and recreation.
Sec. 21-1(3). License means a permit for more than a one-time event.
Sec. 21-1(4). Park means any public park or recreation or playground area within or outside the corporate limits of the city, owned and maintained by the city as a public park, or recreation or playground area, including Randolph and El Rio golf courses, and Hi Corbett field.
Sec. 21-1(5). Park ranger means a city employee under the supervision of the director, authorized by his commission to enforce all park rules and regulations and all criminal and traffic laws within a park.
Sec. 21-1(6). Permit means authority issued by the director granting a named person or persons permission to perform a specified activity in a parks and recreation department facility or any portion thereof.
Sec. 21-1(7). Pollution means the contamination or other alteration of the physical, chemical or biological properties of park waters, including change in temperature, taste, color, turbidity or odor of the waters, or discharge of any liquid, gaseous, solid radioactive or other substance into any park waters as will or is likely to create a public nuisance or render park waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, recreational or other beneficial uses, or to wild animals, birds, fish or other aquatic life.
Sec. 21-1(8). Reservation means authority issued by the director for named persons to use a parks and recreation department facility or any portion thereof for a specified time and purpose.
Sec. 21-1(9). Resident is hereby defined as any person who is in possession of a valid proof of residency within the Tucson city limits pursuant to the rules and regulations established by the director of parks and recreation. Persons qualified as residents as set forth shall be permitted to use any city-owned parks and recreation department facility and fee based programs upon payment of the resident fee, proper identification as determined by the director of parks and recreation.
Sec. 21-1(10). Vehicle means any wheeled conveyance, whether motor-powered, animal- drawn, or personally propelled, including any trailer in tow of any size, kind or description. Not included are baby carriages, vehicles in the service of the city, and vehicles authorized and properly equipped for emergency duties.
(Ord. No. 4610, § 2, 1-10-77; Ord. No. 9850, § 1, 5-12-03)
(a) Powers of the director. The control, supervision, and operations of all parks is vested in the director of parks and recreation. The director or his deputy may make such reasonable rules and regulations as are necessary to manage, control, supervise, operate, use, preserve and govern park property and activities, and may designate hours of operation and opening and closing times of the various parks which may be different as to individual parks.
(b) Closed Areas. Any section or part of any parks and recreation department facility may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise), and either entirely or merely to certain uses, as the director shall find in the public health, safety or welfare, or for proper operation of the park.
(Ord. No. 4610, § 2, 1-10-77; Ord. No. 9850, § 2, 5-12-03)
It shall be unlawful for any person to violate any of the provisions set forth in the following series of this section:
Sec. 21-3(1). Relating to park grounds and park property. No person in a park shall:
(1) Disfigure or remove buildings, structures or facilities. Wilfully mark, deface, disfigure, injure, destroy, tamper with, or displace or remove any building, bridge, table, bench, fireplace, railing, paving or paving material, waterline or other public utility or parts or appurtenances thereof; sign, notice or placard whether temporary or permanent; monument, stake, post or other boundary marker; or other structure or equipment, facility or park property or appurtenances whatsoever, either real or personal.
(2) Restrooms and washrooms. Enter any restroom or washroom to engage in any unlawful act or to use the facilities for other than their primary purpose; or use the restrooms and washrooms designated for the opposite sex, unless under six (6) years of age.
(3) Natural resources. Dig, remove or damage soil, rock, stones, trees, shrubs or plants, down-timber or other wood or materials, or make any excavation by tool, equipment, blasting, or other means or agency.
(4) Erect structures, install utility services. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across park land.
Sec. 21-3(2). Relating to wild animals. No person in a park shall:
(1) Hunting. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird or fish; the young of any wild animal; or the eggs or nest, or young of any reptile, bird or fish.
(2) Feeding. Give or offer, or attempt to give to any animal, reptile, bird or fish any tobacco, alcohol or other noxious substances.
(3) Fishing. Fish, fishnet, spear or catch in any manner fish in any waters in a park without proper licensing as required by the director or the Arizona Fish and Game Department.
Sec. 21-3(3). Relating to sanitation. No person in a park shall:
(1) Pollution of waters. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water in a park any substance, matter or thing, liquid or solid, which may result in the pollution of park waters.
(2) Refuse and trash. Dump, deposit or leave any bottles, broken glass, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse, or other trash unless placed in the proper receptacles where provided; where receptacles are not so provided, all such rubbish or waste shall be carried for its presence and properly disposed of elsewhere.
(3) Glass beverage containers. Have a glass beverage container in his possession.
(4) Throwing or breaking glass. Throw, toss or otherwise propel, or either knowingly or recklessly break any glass object. (Ord. No. 5558, §§ 1, 2, 5-3-82)
Sec. 21-3(4). Relating to traffic. No person in a park shall:
(1) Motor vehicles laws apply. Violate any state and city motor vehicle laws relating to traffic on highways, which laws shall apply to all persons, vehicles and bicycles while on park property; provided that no person shall drive a vehicle in a park at a speed exceeding fifteen (15) miles per hour, except upon such roads as the director may designate, by posted signs, for speedier travel. No person shall drive a vehicle on any park area except the paved park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the director.
(a) Designated areas. Park a vehicle in other than established or designated parking areas, and such use shall be in accordance with the posted directions thereat.
(3) Designation of parking areas. The director may cause to be designated and posted any park area in which parking is prohibited for a limited or a permanent time.
Sec 21-3(5). Relating to recreation. No person in a park shall:
(1) Bathing and swimming.
(a) Designated areas. Swim, bathe or wade in any waters or waterways in a park, except in such waters and at such places as are provided therefor, and in compliance with such rules and regulations as may be set forth or hereafter adopted by the director. Frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat when such activity is prohibited by the director upon finding that such use of the water would be dangerous to the public health, safety or welfare.
(b) Designated hours. Frequent any waters or places designated for the purpose of swimming or bathing, or congregate thereat, except between such hours of the day as shall be designated by the director for such purposes for each individual area.
(c) Boating. Sail, row or use or propel any boat, raft or other vessel on any waters in a park where such activity is limited, restricted or prohibited by the director or a state or federal agency.
(2) Hunting and firearms.
(a) Hunt, trap, or pursue wildlife at any time or shoot from or into park areas.
(b) Except as provided in subparagraphs (c) and (d), use, carry or possess:
(i) Firearms as defined in A.R.S. § 13-3101 without possession of a concealed weapons permit issued pursuant to A.R.S. § 13-3112,
Note--Pursuant to a memo issued by the City Attorney, dated Dec. 29, 2006, the statute cited in this subsection was changed from A.R.S. § 13-1301 to A.R.S. § 13-3101.
(ii) Air rifles, spring guns, bows and arrows, slings, or any other form of weapon potentially injurious to wildlife and dangerous to human safety,
(iii) Any instrument that can be loaded with and fire blank cartridges, or
(iv) Any kind of trapping device.
(c) The limitation imposed by subparagraph (b)(i) upon the possession of firearms shall not apply to a person legally transporting, carrying, storing, or possessing a firearm in a vehicle.
(d) A person without possession of a concealed weapons permit but otherwise lawfully in possession of a firearm may be present in Sunset/El Presidio and Jacome Parks for the sole purpose of ingress to and egress from city hall and the Joel Valdez Main Library to store their firearm in city provided gun lockers located therein as follows:
(i) Such person may enter Sunset/El Presidio Park from the sidewalks along Alameda and Pennington Streets onto the paved walkways leading directly to and from the north and south entrances of city hall.
(ii) Such person may enter Jacome Park from the sidewalks along Church and Stone Avenues onto the paved walkways leading directly to and from the entrances to Joseph Valdez Library.
(3) Explosives and pyrotechnics. Process or explode or cause to be exploded any explosive or pyrotechnical device without a written permit from the director.
(4) Camping. Camp, lodge or sleep therein between the hours of 10:30 p.m. and 6:00 a.m. unless special written permit be obtained seventy-two (72) hours in advance from the director.
(a) Hitting balls. Hit golf balls or take practice swings with a golf club, or strike a simulated golf ball except at Randolph Municipal Golf Course, El Rio Golf Course or other municipal golf courses, or at practice areas designated therein, or other areas set aside by the director for such purposes.
(b) Playing golf. Play golf upon Randolph Municipal Golf Course or El Rio Golf Course or any municipal golf course without having paid the fees stipulated by the director for that purpose.
(c) Carrying permit. Play golf without carrying a permit or fail to display such permit upon request by any authorized employee of the parks and recreation department or police officer.
(6) Tennis. Walk, play upon or otherwise use any park area designated for the purpose of playing tennis, unless such person is wearing flat, soft tennis shoes without raised heels of any kind; or skate or ride a bicycle, or drive any vehicle upon any tennis court; or give tennis lessons when such lesson or lessons are given for compensation or fees of any sort, except when lessons are offered as part of a recreation program sponsored by the city. (Ord. No. 5204, § 1, 8-4-80; Ord. No. 6595, § 1, 12-8-86; Ord. No. 9417, § 1, 7-10-00; Ord. No. 9987, § 1, 6-21-04)
Sec. 21-3(6). Relating to commercial activities. No person in a park shall:
(1) Merchandising, advertising and signs. Utilize any park property for any commercial or political purposes, except by permit issued by the director.
(2) Vending and peddling. Expose or offer for sale any article or thing; station or place any stand, cart or vehicle for the transportation, sale or display of any article or thing. A regularly licensed concessionaire acting by and under the authority and regulation of the director, and vendors of food and refreshments who are in possession of a current vendor's permit issued by the director are excepted from this provision.
(3) Advertising. Announce, advertise or call the public attention in any way to any article or service for sale or hire, except by such regulations as may be designated by the director.
(4) Signs. Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription.
(5) Handbills. Distribute or attempt to distribute business or commercial literature to persons, or place them upon vehicles. (Ord. No. 5678, § 1, 11-8-82)
Sec. 21-3(7). Relating to miscellaneous activities. No person in a park shall:
(1) Domestic animals. Bring or escort a dog or any other domestic animal or pet into any area within park boundaries which is clearly marked by signs bearing the words: "Domestic Animals and Pets Prohibited in This Area." This provision shall not be construed as permitting the running of dogs, domestic animals or pets at large. Bring in or escort any dog, domestic animal or pet in those areas where such animals are permitted unless restrained at all times on leashes not to exceed six (6) feet in length and unless they wear a collar and display thereon a valid city license.
(2) Fires. Build, or attempt to build, kindle or ignite a fire except in such areas and under such rules and regulations as may be designated by the director; or drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, charcoal or coals, or other flammable or flaming materials within any park area.
(3) Closed areas. Enter an area posted as "Closed to the Public," or posted "No Trespassing," or use or abet the use of any area in violation of posted notices, except for those places and recreational activities therein permitted by the director pursuant to section 21-2 above.
(4) Interfere with permittees. Disturb or interfere unreasonably with any person or party occupying any area, or participating in any activity, under the authority of a permit license or reservation.
(a) Emit, eject or cause to be deposited any excreta of the human body, except in those places designated for such purposes.
(b) Permit to be deposited and allow to remain in a park any untreated solid excreta of a dog, domestic animal or pet, except in those places which may be designated for such purposes.
(6) Improper admission. Gain admission to, attempt admission to, to make use of park facilities for which a charge is made without paying the fixed charge or admission, unless otherwise authorized by the director.
(7) Athletic events. Interfere with any of the authorized participants of any game, contest or athletic event conducted on any playing field from the time the event starts until its conclusion, and any time in between.
(8) Horses and livestock. Bring or permit horses, cattle or any other livestock in a park without advanced written permit from the director. (Ord. No. 5204, § 2, 8-4-80)
(Ord. No. 4610, § 2, 1-10-77)
(a) Permit. A person seeking issuance of a permit, license or reservation for use of a park area or facility shall make such request in writing to the director/district administrator. The request shall state the park name, date and time of use and all information pertaining to the proposed use of the park facility.
No person shall;
(1) Sanitation. Throw, discharge or otherwise place or cause to be placed in any tributary, stream, storm sewer or drain adjacent to any park or flowing into park waters any substance, matter or thing, liquid or solid, which may result in the pollution of park waters.
(2) Bathing and swimming. Swim, bathe, wade in any waters or waterways adjacent to any park that lie in public areas except in areas designated for such purposes.
(3) Signs. Erect or cause to be erected any sign on any public land or on highways or roads adjacent to a park except with permission from the director.
(4) Fires. Build, or attempt to build, kindle or ignite a fire, or drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, charcoal or coals, or other flammable or lighted materials on any highway, road or street or public property adjacent, abutting or contiguous to a park except in areas designated for such purposes.
(Ord. No. 4610, § 2, 1-10-77; Ord. No. 9757, § 2, 8-5-02)
(a) Officials. The director, an authorized Parks and Recreation Department representative, and peace officers may enforce this article, this Code, state laws and park rules and regulations, and may when deemed necessary call upon the city police or other law enforcement officers and agencies for assistance.
(a) Any person violating any provision of this article or the rules and regulations relating to parks established by the director and filed with the city clerk, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, by not more than three (3) years probation or by any combination thereof. In addition, a person convicted of a violation of section 21-3(3)(3), 21-3(3)(4) or 21-8 shall be punished by a fine of not less than ten dollars ($10.00); and no judge may suspend the imposition of this minimum fine.
(b) Notwithstanding the provisions of subsection 21-7(a), a violation of section 21-4 shall constitute a misdemeanor punishable by community service or fines not to exceed two hundred and fifty dollars ($250.00), by imprisonment not to exceed ten (10) days, and by probation not to exceed one (1) year or both such fine and imprisonment. The rate of substitution of community service work for the fine amount shall be calculated at ten dollars ($10.00) per hour.
(c) Notwithstanding the provisions of subsection 21-7(a), possession of a firearm in violation of section 21-3(5)(2) shall constitute a class two misdemeanor and shall be punishable by a fine of not less than three hundred dollars ($300.00) and not exceeding seven hundred fifty dollars ($750.00), by imprisonment of not more than four (4) months, by not more than two (2) years probation or by any combination thereof. No judge may suspend the imposition of the minimum fine prescribed herein.
(Ord. No. 5558, § 4, 5-3-82; Ord. No. 9341, § 2, 1-31-00; Ord. No. 9417, § 1, 7-10-00; Ord. No. 9757, § 4, 8-5-02)
(a) It shall be unlawful for any person to consume or have in his possession any malt beverage in a public park.