Summary Sheet- 04 30 26 RFCA ENUMERATED VIOLATIONS CODE AMENDMENT ORDINANCE.DOCX

CITY OF TEMPE
Council Meeting Date: 4/30/2026
REQUEST FOR COUNCIL ACTION 
Agenda Item: 8B4
ACTION:  PUBLIC HEARING ITEM Introduce and hold the first public hearing to adopt an ordinance for 
amending the Tempe City Code, Chapter 21, relating to nuisances by adding a new subsection 21-
3(b)(22) related to enumerated violations. The second and final public hearing is scheduled for May 14, 
2026. (Ordinance No. O2026.20)
FISCAL IMPACT:  N/A
RECOMMENDATION: Adopt Ordinance No. O2026.20.
BACKGROUND INFORMATION: The City of Tempe is proposing an amendment to the Tempe City 
Code to protect the use or enjoyment of public property, private property, and neighborhoods.  Chapter 
21 of the Code addresses nuisances that may be addressed by the City and Section 21-3 provides an 
enumerated list of specific violations. These offenses are primarily designated to uses of private 
property that have impacts to the neighborhood and adjacent public properties.
In November 2024, Arizona voters approved Proposition 312 which can impose an obligation upon cities 
and towns to address public nuisances even when occurring on private property.  In short, Proposition 
312 allows property owners to apply for a refund of property taxes paid to the City if it is determined that 
the City’s efforts to mitigate a nuisance are insufficient.
Proposition 312 is commonly understood to include both statutorily defined nuisances as well as 
nuisances that are recognized by the court system at common law.  To provide clarity and enforcement 
parameters, the Legal Department is proposing a codification of what is already recognized by the courts 
as a private property use that can create a public nuisance.  To assure that the ordinance does not 
overreach, this defined public nuisance arising from private property use will be limited to those uses 
where there is a 1) regularly occurring distribution of food, beverages, or merchandise, etc.; 2) that leads 
to criminal activities or similar public offenses in the neighboring area; and 3) that substantially interferes 
with the use and enjoyment of the neighboring properties.
ATTACHMENTS:  Ordinance No. O2026.20
STAFF CONTACT(S): Eric C. Anderson, City Attorney, 480-858-2187
Department Director: Eric C. Anderson, City Attorney  
Legal review by: Eric C. Anderson, City Attorney
Prepared by: Jenny Armstrong, Administrative Supervisor