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In this title unless the context requires otherwise:

“Aggressive manner” means:

1. Intentionally, knowingly, or recklessly making any physical contact with or touching another person in the course of the solicitation without the person’s consent; or

2. Approaching or following the person being solicited in a manner that is intended or is likely to cause a reasonable person to fear imminent bodily harm to oneself or another, or damage to or loss of property, or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or

3. Continuing to solicit the person from within 10 feet after the person has clearly communicated a request that the solicitation stop; or

4. Intentionally, knowingly, or recklessly obstructing the safe or free passage of the person being solicited or requiring the person to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one’s constitutional right to picket or protest shall not constitute obstructing passage; or

5. Intentionally, knowingly, or recklessly using obscene or abusive language or gestures intended or likely to cause a reasonable person to fear imminent bodily harm or reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.

“Alcoholic beverage” means alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any of them or any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one percent of alcohol by volume.

“Amusement apparatus” means any device, contrivance, gadget, machine or structure designed to test the skill or strength of the user or to provide the user with any sort of ride, lift, swing or fall experience, including, but not limited to, ball throwing contest devices, pinball type devices, electronic videos, animal ride devices, dunk tanks, ball and hammer devices, trampoline devices and the like.

“Automated teller machine” means a device, linked to a financial institution’s account records, which is able to carry out transactions, including but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.

“Bank” means a bank, credit union, or other similar financial institution.

“Beach” means the shore of a body of water used for passive and active recreation purposes.

“Board” means the appointed and elected members of the city of Maricopa city council and city of Maricopa parks, recreation and libraries advisory committee.

“Camp” means to reside in or use a place for living accommodation purposes, including, but not limited to, activities such as erecting tents or any other structure providing shelter, digging or breaking earth, laying down bedding for the purposes of sleeping, using camp paraphernalia, storing personal belongings, starting a fire, regularly cooking or preparing meals, or living in a parked vehicle.

“City” means the city of Maricopa, Arizona.

“Controlled substance” means any dangerous drug, substance or immediate precursor as defined in A.R.S. § 13-3401(6), as may be amended from time to time.

“Director” means the person appointed by the city council via city manager recommendation to serve as the chief administrative officer of the city parks, recreation and libraries department.

“Malt liquor” means any beer, ale or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume.

“Motorized recreation vehicle” means any self-propelled off-road or all-terrain vehicle including, but not limited to, snowmobiles, mini-bikes, scooters, amphibious vehicles, motorcycles, go-carts, trail bikes, dune buggies and all terrain cycles.

“Natural resources” means all flora and fauna within the city parks and the physical factors upon which they depend, including, but not limited to, air, water, soil and minerals.

“Park” means any land or water area and all facilities thereon under the jurisdiction, control or ownership of the city for the recreational enjoyment of the public.

“Parks division” means an operating unit of the city of Maricopa parks, recreation and libraries department responsible for the planning, development, operation and maintenance of city of Maricopa parks.

“Parks division maintenance” means an operating unit of the city of Maricopa public works department responsible for the development, operation and maintenance of parks located within the city.

“Person” or “persons” means any individual, firm, company, corporation, society or any group or gathering whatsoever.

“Pet” means any animal that is tamed and domesticated and kept as a companion and under the control of a leash.

“Pollutant” means any substance, solid, liquid or gas, which could cause contamination of air, land or water so as to create or cause a nuisance or render the air, land or water unclean, noxious or unpure so as to be actually or potentially harmful, detrimental or injurious to public health, safety or welfare, or that of wildlife or vegetation.

“Property” means any land, waters, facilities or possessions of the city of Maricopa.

“Public space” means an area to which the public or a substantial group of persons has access, and includes, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to public buildings and dwellings, and the grounds enclosing them.

“Public transportation vehicle” means any vehicle used for the transportation of passengers on scheduled routes operated by or on behalf of a governmental entity.

“Resolution” means official control promulgated by the city of Maricopa in establishing additional rules and regulations relative to this chapter, and as on file in the city clerk’s office.

“Solicit” means to request an immediate donation or exchange of money or other thing of value from another person, regardless of the solicitor’s purpose or intended use of the money or other thing of value. The solicitation may be spoken, written, printed word, or by any other means of communication. Soliciting does not include requesting or accepting payment of the fare on a a public transportation vehicle by the operator of the vehicle.

“Use permit” means any written license issued by or under the authority of the city of Maricopa parks, recreation and libraries department permitting a special event or activity in city parks.

“Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a roadway, except devices moved by human power or used exclusively upon stationary rails or tracks.

“Watercourse” means a natural or human-caused lake, river, creek, stream, wash, arroyo, channel, culvert, pipes or any other topographic feature, through, on or over which waters flow or pond at least periodically. Watercourses include specifically designated areas in which substantial flood damage may occur.

“Watercraft” means any contrivance used or designated for navigation on water other than seaplanes or other devices designed to transport people over bodies of water.

“Weapon” means any device, including, but not limited to, firearms, bows, electronic weapons, slings and pellet or B-B guns from which a shot or projectile of any type is discharged or propelled by means of an explosive, gas, compressed air or other means. An “electronic weapon” means a portable device which is designed, used or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of an electronic current.

“Wildlife” means any living creature, not human, wild by nature, endowed with sensation, power of voluntary motion, including, but not limited to, mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks.

“Wine” means a vinous beverage containing no more than 14 percent alcohol by volume. [Ord. 24-02 § 2; Ord. 06-14 § 1; Res. 06-36; Code 2004 § 18-1.]