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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
public rights-of-way; unlawful acts
Purpose
Prohibits a person from lying, sleeping or otherwise remaining in a sitting position on a public street, highway, sidewalk or other right-of-way, with certain exceptions.
Background
A person commits loitering by: 1) soliciting another person to engage in any sexual offense in public; 2) soliciting or engaging in any business involving sale of merchandise or services in a transportation facility after a reasonable request to cease; 3) gambling in a public place unless authorized by law; 4) being present in or about a school, college or university after a reasonable request to leave, and if the person is without a legitimate reason, responsibility or written permission to be there; or 5) soliciting bail bond business inside a court building or immediately around or near the entrance of a county or city jail (A.R.S. § 13-2905).
Phoenix City Code prohibits any person from using a public street,
highway, alley, lane, parkway, sidewalk or other right-of-way for lying,
sleeping or otherwise remaining in a sitting position thereon, whether such
right-of-way has been dedicated to the public in fee or by easement, except in
the case of a physical emergency or the administration of medical assistance (P.C.C.
§ 23-48.01).
A class 1 misdemeanor carries a sentence of imprisonment not to exceed six months and a fine not to exceed $2,500, as determined by the court (A.R.S. §§ 13-707 and 13-802).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a person from using a public street, highway, alley, lane, parkway, sidewalk or other right-of-way, whether dedicated to the public in fee or by easement, for lying, sleeping or otherwise remaining in a sitting position.
2. Provides exceptions for:
a) persons experiencing physical emergencies;
b) violations that occur in the course of administering medical assistance; and
c) rights-of-way subject to a permit to conduct a festival, fair, parade, concert, fireworks display or other similar event.
3. Classifies a violation as a class 1 misdemeanor.
4. Becomes effective on the general effective date.
Prepared by Senate Research
January 13, 2023
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