The city of Tempe has proposed changes to an existing nuisance law that could enforce the city code of recurring noise and activity on private property.
Tempe City Attorney Eric Anderson presented the new ordinance to the council on April 30, sparking mixed reactions from the public.
The proposed change comes after court cases against Phoenix and Tucson, where neighborhoods sued the city for failure to maintain nuisances regarding urban camping. Both cities lost.
Anderson also said the passage of Proposition 312, a state law passed in 2024, contributed to the code updates.
The proposition allows property owners a city tax refund if they can prove a city did not appropriately enforce nuisance laws regarding urban camping, public alcohol consumption, public urination or defecation, and other disturbances or damages to private property.
Mayor Corey Woods, who said he believed Proposition 312 was “bad public policy” and voted against the measure, seemed at ease with the new proposal as it related to consistent nuisances and could help with short-term rental disruptions.
“This is a very good measure to hold people accountable if a homeowner is absentee but is disrupting the neighborhood around them,” Mayor Woods said.
Anderson said this would address ongoing disruptions that occur in creating nuisances, especially with short-term rentals.
“This is for scenarios that occur from time to time, but having one party is not going to be subject to this,” Anderson said.
Councilmember Nikki Amburg said that she was “not a big fan” of short-term rentals and frat houses that throw parties in many north Tempe neighborhoods and that she approved the ordinance.
Vice Mayor Doreen Garlid agreed and said she appreciated Anderson’s efforts to update the code.
Bobby Nichols, a current runoff council candidate and an assistant attorney general, spoke to the council about the ordinance, saying the proposed changes don’t work to solve the problems.
He called the ordinance “vague” as it could also hold businesses liable.
“Is every business with a liquor license now criminally liable for the drunk patron that relives themselves on the street?” He asked.
He also said Arizona State University provides food for students daily and asked if her school would be criminally liable for student activity.
Nichols urged the council to consider other data-backed solutions such as public services and housing.
“These addiction crises and poverty crises lead to people passing away without the support of the churches and other organizations.”
Others were more concerned about what patrons are leaving behind.
Steve Kisiel, president of the Daley Park neighborhood association, said he has found drug paraphernalia around the park and his home. He supports the code changes, claiming that the groups that help the homeless are leading to harmful actions in the Daley Park neighborhood.
“A good ordinance does not ban compassion; it structures compassion so that the people in the neighborhoods and the children are safe,” Kisiel said.
He said teens are often solicited for drugs and that drug paraphernalia has been hidden in trees and parts of the volleyball courts and baseball fields that many children use daily.
His wife, Mary Ann, said in the past five years, criminal activity in the park has increased, and that it’s “disturbing” to live near the park with children.
“I implore you to pass this ordinance for the children,” she said.
Council candidate Brooke St. George spoke against the ordinance with concerns about food sharing and community events.
“This is a major expansion over normal, harmless activity on private and religious land,” she said. “Without parallel measures that expand access to restrooms, services or alternatives, enforcement alone will not solve the issue.”
Katherine Kouvelas-Edick, CEO and founder of the Aris Foundation that serves food weekly at the University Presbyterian Church, said she wanted to work with the city on homelessness and urban camping.
“This nuisance law is so horrific, it’s so vague and it extends to so many different areas,” she said. “It’s clearly geared toward people who are mutual aid helpers, so my question is, why can’t we work together?” Kouvelas-Edick asked.
She urged the council to work toward a compromise to help both the neighborhood residents and those receiving mutual aid.
“We are not trying to be a problem; we are trying to be a solution. We do this for free; It’s not our job, but it’s collectively our jobs.”
The city will hold a second and final read and vote on the ordinance on May 14 at the Tempe City Council meeting.
To voice your opinion on this story, connect with us at AzOpinions@iniusa.org.
Madeline Bates
Reporter | Tempe/East Phoenix
Meet Madeline
Madeline Bates joined Independent Newsmedia in 2025 as a Phoenix/Tempe reporter. Before graduating college, she spent a semester in Washington as a Congressional reporter in the first 100 days of the second Trump administration. But local news is where her heart is. She is excited to be in Phoenix full time and exploring new parts of the city (as long as they have AC).
Community: After living in East Phoenix for two years, she fell in love with Paradise Valley, Mesa, Tempe, and everywhere in between. She recently discovered the beauty of the South Mountain Reserve and hopes to continue exploring should the weather comply.
Education: Madeline has a degree in Journalism and Mass Communications from Arizona State University’s Walter Cronkite School of Journalism and a certificate in Political History and Leadership.
Random Fact: She is a self-taught nail tech. No, she cannot do your nails.
Hobbies: Hiking (when its not 100 degrees), fiction writing, cooking, baking and trying new coffee shops.