Tempe commission recommends code change to penalize unauthorized excavation and damage to archaeologically sensitive areas

Staff presented proposed amendments to Tempe City Code Chapter 14A‑11 (historic preservation violations), adding a new subsection to make unauthorized excavation, defacement, or damage to archaeologically sensitive areas a violation punishable per section 1‑7 of the municipal code. Zack explained the markup and said that new text in the proposal would allow the city attorney to pursue civil or criminal penalties and to rely on section 1‑7’s existing penalty framework.

During discussion commissioners asked whether the proposed enforcement framework is adequate. Commissioner Charlene asked whether the ordinance would reach actions such as pushing down a wall or tagging a petroglyph, and staff confirmed such acts could be covered and would be subject to enforcement decisions by the city attorney. Staff explained section 1‑7 provides judicial discretion (civil or criminal), noted a maximum fine for code violations of $2,500, and described administrative remedies the city already uses—such as stop‑work orders and potential debarment from future city contracts—that can have more severe practical consequences than a single fine.

Commissioners requested comparative examples and stronger penalty language be investigated; staff said the city attorney’s office had advised that section 1‑7 is the appropriate enforcement mechanism at present but that the commission could pursue future amendments to add stronger, tailored penalties. A motion to recommend Council adopt the proposed amendments passed on the commission floor; members asked staff to return with research on other municipalities’ penalty structures and options for more stringent remedies.

The commission’s recommendation will be forwarded to City Council for final action. Staff and commissioners agreed to follow up on whether the current municipal penalty framework (section 1‑7) should be amended or supplemented to increase deterrence for deliberate or repeated archaeological damage.