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.<\/p>\n
Tempe City Attorney Eric Anderson presented the new ordinance to the council on April 30, sparking mixed reactions from the public.<\/p>\n
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.<\/p>\n
Anderson also said the passage of Proposition 312, a state law passed in 2024, contributed to the code updates.<\/p>\n
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.<\/p>\n
Mayor Corey Woods, who said he believed Proposition 312 was \u201cbad public policy\u201d 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.\u00a0<\/p>\n
\u201cThis is a very good measure to hold people accountable if a homeowner is absentee but is disrupting the neighborhood around them,\u201d Mayor Woods said.<\/p>\n
Anderson said this would address ongoing disruptions that occur in creating nuisances, especially with short-term rentals.<\/p>\n
\u201cThis is for scenarios that occur from time to time, but having one party is not going to be subject to this,\u201d Anderson said.<\/p>\n
Councilmember Nikki Amburg said that she was \u201cnot a big fan\u201d of short-term rentals and frat houses that throw parties in many north Tempe neighborhoods and that she approved the ordinance.<\/p>\n
Vice Mayor Doreen Garlid agreed and said she appreciated Anderson\u2019s efforts to update the code.<\/p>\n
Bobby Nichols, a current runoff council candidate and an assistant attorney general, spoke to the council about the ordinance, saying the proposed changes don\u2019t work to solve the problems.<\/p>\n
He called the ordinance \u201cvague\u201d as it could also hold businesses liable.<\/p>\n
\u201cIs every business with a liquor license now criminally liable for the drunk patron that relives themselves on the street?\u201d He asked.<\/p>\n
He also said Arizona State University provides food for students daily and asked if her school would be criminally liable for student activity.<\/p>\n
Nichols urged the council to consider other data-backed solutions such as public services and housing.<\/p>\n
\u201cThese addiction crises and poverty crises lead to people passing away without the support of the churches and other organizations.\u201d<\/p>\n
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Others were more concerned about what patrons are leaving behind.<\/p>\n
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.<\/p>\n
\u201cA good ordinance does not ban compassion; it structures compassion so that the people in the neighborhoods and the children are safe,\u201d Kisiel said.<\/p>\n
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.<\/p>\n
His wife, Mary Ann, said in the past five years, criminal activity in the park has increased, and that it’s \u201cdisturbing\u201d to live near the park with children.<\/p>\n
\u201cI implore you to pass this ordinance for the children,\u201d she said.<\/p>\n
Council candidate Brooke St. George spoke against the ordinance with concerns about food sharing and community events.<\/p>\n
\u201cThis is a major expansion over normal, harmless activity on private and religious land,\u201d she said. \u201cWithout parallel measures that expand access to restrooms, services or alternatives, enforcement alone will not solve the issue.\u201d<\/p>\n
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.<\/p>\n
\u201cThis nuisance law is so horrific, it\u2019s so vague and it extends to so many different areas,\u201d she said. \u201cIt\u2019s clearly geared toward people who are mutual aid helpers, so my question is, why can\u2019t we work together?\u201d Kouvelas-Edick asked.<\/p>\n
She urged the council to work toward a compromise to help both the neighborhood residents and those receiving mutual aid.<\/p>\n
\u201cWe are not trying to be a problem; we are trying to be a solution. We do this for free; It\u2019s not our job, but it\u2019s collectively our jobs.\u201d<\/p>\n
The city will hold a second and final read and vote on the ordinance on May 14 at the Tempe City Council meeting.\u00a0<\/p>\n
To voice your opinion on this story, connect with us at AzOpinions@iniusa.org.<\/p>\n
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Madeline Bates
Reporter | Tempe\/East Phoenix<\/p>\n