A.R.S. § 9-462.13 — Arizona Code / Title 9 / Chapter 4 / Article 6.1 / Section 462.13
9-462.13 Zoning; development; middle housing; applicability; definitions
Status: in_force

9-462.13. Zoning; development; middle housing; applicability; definitions

A. On or before January 1, 2026, a municipality with a population of seventy-five thousand persons or more must authorize by ordinance and incorporate into its development regulations, zoning regulations and other official controls the development of duplexes, triplexes, fourplexes and townhomes as a permitted use on both of the following:

1. All lots zoned for single-family residential use within one mile of the municipality's central business district.

2. At least twenty percent of any new development of more than ten contiguous acres.

B. The municipality may not do any of the following:

1. Discourage the development of middle housing through requirements or actions that individually or cumulatively make impracticable the permitting, siting, or construction of middle housing.

2. Restrict middle housing types to less than two floors.

3. Restrict middle housing types to a floor area ratio of less than fifty percent.

4. Set restrictions, permitting or review processes for middle housing that are more restrictive than those for single-family dwellings within the same zone.

5. Require owner occupancy of any structures on the lot.

6. Require any structures to comply with a commercial building code or to contain a fire sprinkler.

7. Require more than one off-street parking space per unit.

C. This section does not prohibit the governing body of a municipality from allowing either of the following:

1. Single-family dwellings in areas zoned for single-family dwellings.

2. Additional types of middle housing not required under this section.

D. This section does not apply to any of the following:

1. Areas that are not incorporated.

2. Areas that lack sufficient urban services.

3. Areas that are not served by water and sewer services.

4. Areas that are not zoned for residential use.

5. Areas that are not incorporated and are zoned under an interim zoning designation that maintains the area's potential for planned urban development.

6. Areas covered under title 48, chapter 6, article 4.

7. Any land within the territory in the vicinity of a public airport as defined in section 28-8486 or to the extent this section would interfere with the public airport's ability to comply with the laws, regulations and requirements of the United States related to applying for, receiving or spending federal monies.

8. Any land within the territory in the vicinity of a military airport as defined in section 28-8461.

E. If a municipality does not adopt the regulations required by this section on or before January 1, 2026, middle housing shall be allowed on all lots in the municipality zoned for single-family residential use without any limitations.

F. This section does not change or otherwise impair the terms of any development agreement that exists on September 14, 2024.

G. Notwithstanding subsection A of this section, a utility provider impacted by a development being developed pursuant to this section shall have the opportunity to review and approve the site plan for the development.

H. For the purpose of this section:

1. "Building code":

(a) Means a construction code adopted by a municipality.

(b) Includes a model building code, commercial code, plumbing and mechanical code, electric code, energy conservation code, fire code, property maintenance code, neighborhood preservation code, antiblight code or other similar code.

2. "Central business district" means an area or series of areas designated by a municipality that are primarily nonindustrial and that attract community activity, including the entire geographic area that the municipality has officially designated as its downtown or equivalent on September 14, 2024.

3. "Duplex" means two dwelling units on the same parcel or lot in attached, detached or semidetached arrangements that are designed for residential occupancy by not more than two households living independently from each other.

4. "Floor area ratio" means the ratio of allowed square footage in a middle housing project to the square footage of the parcel on which it is built.

5. "Fourplex" means four dwelling units on the same parcel or lot in attached, detached or semidetached arrangements that are designed for residential occupancy by not more than four households living independently from each other.

6. "Household" means either:

(a) A single person living or residing in a dwelling or place of residence.

(b) Two or more persons living together or residing in the same dwelling or place of residence.

7. "Middle housing":

(a) Means buildings that are compatible in scale, form and character with single-family houses and that contain two or more attached, detached, stacked or clustered homes.

(b) Includes duplexes, triplexes, fourplexes and townhouses.

8. "Permitted use" means the ability for a development to be approved without requiring a public hearing, variance, conditional use permit, special permit or special exception, other than a discretionary zoning action to determination that a site plan conforms with applicable zoning regulations.

9. "Townhouses" means dwelling units that are constructed in a row of two or more attached units in which each dwelling unit shares at least one common wall with an adjacent unit and that are accessed by separate outdoor entrances.

10. "Triplex" means three dwelling units on the same parcel or lot in attached, detached or semidetached arrangements that are designed for residential occupancy by not more than three households living independently from each other.
A.R.S. § 9-485.02 — Arizona Code / Title 9 / Chapter 4 / Article 7.2 / Section 485.02
9-485.02 Insurance requirement prohibited
Status: in_force

9-485.02. Insurance requirement prohibited

A city or town may not require a mobile food vendor to maintain an insurance policy that names the city or town as an additional insured unless the mobile food vendor is attending an event sponsored by that city or town or is operating on public property, including the right-of-way or property owned by the city or town.
A.R.S. § 9-479 — Arizona Code / Title 9 / Chapter 4 / Article 7 / Section 479
9-479 Conveyance by reference to plat; restriction; violation; classification
Status: in_force

9-479. Conveyance by reference to plat; restriction; violation; classification

A. No property shall be sold or described in a conveyance or other instrument by reference to any map or plat of a subdivision comprehended within the provisions of this article unless the map or plat has been prepared and filed under the provisions of this article.

B. Every person who sells or offers for sale a lot or parcel of land by reference to a map or plat not prepared in accordance with the provisions of this article is guilty of a class 2 misdemeanor, and every sale or offer of sale of such lot or parcel of land constitutes a separate offense.
A.R.S. § 9-462.02 — Arizona Code / Title 9 / Chapter 4 / Article 6.1 / Section 462.02
9-462.02 Nonconformance to regulations; outdoor advertising change; enforcement
Status: in_force

9-462.02. Nonconformance to regulations; outdoor advertising change; enforcement

A. The municipality may acquire by purchase or condemnation private property for the removal of nonconforming uses and structures. The elimination of such nonconforming uses and structures in a zoned district is for a public purpose. Nothing in an ordinance or regulation authorized by this article shall affect existing property or the right to its continued use for the purpose used at the time the ordinance or regulation takes effect, nor to any reasonable repairs or alterations in buildings or property used for such existing purpose.

B. A municipality shall not require as a condition for a permit or for any approval, or otherwise cause, an owner or possessor of property to waive the right to continue an existing nonconforming outdoor advertising use or structure without acquiring the use or structure by purchase or condemnation and paying just compensation unless the municipality, at its option, allows the use or structure to be relocated to a comparable site in the municipality with the same or a similar zoning classification, or to another site in the municipality acceptable to both the municipality and the owner of the use or structure, and the use or structure is relocated to the other site. The municipality shall pay for relocating the outdoor advertising use or structure including the cost of removing and constructing the new use or structure that is at least the same size and height. This subsection does not apply to municipal rezoning of property at the request of the property owner.

C. A municipality must issue a citation and file an action involving an outdoor advertising use or structure zoning or sign code violation within two years after discovering the violation.  Such an action shall initially be filed with a court having jurisdiction to impose all penalties sought by the action and that jurisdiction is necessary for effective filing.  Only the superior court has jurisdiction to order removal, abatement, reconfiguration or relocation of an outdoor advertising use or structure.  Notwithstanding any other law, a municipality shall not consider each day that an outdoor advertising use or structure is illegally erected, constructed, reconstructed, altered or maintained as a separate offense unless the violation constitutes an immediate threat to the health and safety of the general public.
A.R.S. § 9-511.03 — Arizona Code / Title 9 / Chapter 5 / Article 2 / Section 511.03
9-511.03 Outside waste or garbage collection, landfill services or recycling collection or processing services; requirements; exceptions
Status: in_force

9-511.03. Outside waste or garbage collection, landfill services or recycling collection or processing services; requirements; exceptions

A. If a city or town provides waste or garbage collection services, landfill services or recycling collection or processing services outside of its boundaries, for those services the city or town shall:

1. Keep all records of the services separate from all other city or town municipal records.

2. For land and equipment dedicated to providing services outside of its boundaries and for any net income generated from providing services outside its boundaries, make an in-lieu contribution to all state, city, town, county and other taxing districts equal to the taxes that would be required of private companies performing the same service.

3. For the portion of equipment or land used by a city or town to provide services outside its boundaries, make an in-lieu contribution to all state, city, town, county and other taxing districts equal to the taxes that would be required of private companies performing the same services, including any income tax obligation that would be incurred by a private company for services provided by the city or town outside of the city or town.

4. Pay an in-lieu contribution to the recycling fund established by section 49-837 equal to the federal taxes that would be required of private companies performing the same service.

5. Pay all fees and costs that are applicable to private companies, including landfill fees.

6. Ensure that no city or town taxes, fees or revenues are used to subsidize those services outside the city or town.

B. This section does not restrict the ability of a city or town to enter into mutual aid or intergovernmental agreements with other cities or towns to respond to requests for emergency assistance.

C. This section does not apply to a city or town if all of the following apply:

1. The city or town provides waste or garbage collection services, landfill services or recycling collection or processing services outside its boundaries in an unincorporated territory that is within three miles of its boundaries and within its municipal planning area as designated in the land use map of the municipality's general plan.

2. The city or town does not provide waste or garbage collection services, landfill services or recycling collection or processing services in an incorporated area other than its own.

3. The city or town is located in a county with a population exceeding two million persons or the city or town has a population of less than two thousand five hundred persons and allows private enterprise to provide commercial and residential waste or garbage collection services, landfill services or recycling collection or processing services in the city or town.

D. For a city or town that has entered into a contract or mutual aid, reciprocal assistance or intergovernmental agreement with another entity before January 1, 2015 for landfill services or recycling collection or processing services outside of its boundaries, this section does not apply until the contract or mutual aid, reciprocal assistance or intergovernmental agreement expires or terminates or January 1, 2020, whichever is earlier.

E. This section does not apply to the disposal of noncommercial solid waste from a single-family residence brought to a municipal landfill by a private person who resides outside of the municipal boundaries.

F. This section does not apply to a city or town with a population of less than five thousand persons and that only provides landfill services or recycling collection or processing services outside of its boundaries.
A.R.S. § 9-433 — Arizona Code / Title 9 / Chapter 4 / Article 3 / Section 433
9-433 Voluntary contributions; payment; interest on delinquent payments
Status: in_force

9-433. Voluntary contributions; payment; interest on delinquent payments

A. On or before April 1 of each year each city, town or successor political subdivision that elects to make voluntary contributions under section 9-432 shall notify the county assessor of the county in which the property is located of its election to make a contribution under this article.

B. The city, town or political subdivision shall pay to the county treasurer of the county in which the property is located one-half of the amount determined pursuant to section 42-15253 not later than the first Monday in November and the other one-half not later than the first Monday in May of the next year. The city or town shall make these payments solely from the revenues of any utility undertaking as defined in section 9-521. The payments shall be treated as an expense of operation and maintenance of the utility undertaking. If the city or town has no utility undertaking or discontinues ownership of its utility undertaking after purchase of the land, the payments shall be made solely from proceeds of excise taxes collected by the city or town or levied and collected by this state and distributed to the city or town.

C. Payments that are not paid when due under this section bear simple interest at the rate of sixteen per cent per year.
A.R.S. § 9-1421 — Arizona Code / Title 9 / Chapter 13 / Article 2 / Section 1421
9-1421 Subscriber complaints
Status: in_force

9-1421. Subscriber complaints

A. A subscriber may submit complaints about video service to any of the following:

1. The local government where the subscriber resides.

2. The attorney general.

3. The federal communications commission.

4. Other authorities as provided by law.

B. A local government may choose to monitor and assist subscribers with the subscriber service standards pursuant to 47 Code of Federal Regulations section 76.309(c) or to be identified on bills to subscribers as the local franchise authority for a service area consistent with rules of the federal communications commission.
A.R.S. § 9-599 — Arizona Code / Title 9 / Chapter 5 / Article 8 / Section 599
9-599 Applicability
Status: in_force

9-599. Applicability

This article does not:

1. Affect the authority of a special taxing district, investor-owned electric utility or electric cooperative that owns, controls or operates utility poles or wireless support structures to deny, limit, restrict or determine the rates, fees, terms and conditions for the use of or attachment to its utility poles or wireless support structures by a wireless provider.

2. Confer on any authority any zoning, land use, planning, permitting or other regulatory authority over the utility poles, wireless support structures or small wireless facilities owned, controlled or operated by a special taxing district, investor-owned electric utility or electric cooperative or the installation of such utility poles, wireless support structures or small wireless facilities by a special taxing district, investor-owned electric utility or electric cooperative.

3. Amend, modify or otherwise affect any private easement.  Any and all rights for the use of a right-of-way are subject to the rights granted pursuant to any private easement.
A.R.S. § 9-473 — Arizona Code / Title 9 / Chapter 4 / Article 7 / Section 473
9-473 Redistricting; representation
Status: in_force

9-473. Redistricting; representation

A. The common councils of incorporated cities and towns may redistrict and subdivide their territory into districts.

B. Each district shall contain a nearly equal number of inhabitants at the time of the redistricting and shall consist of contiguous territory in as compact form as possible. The redistricting shall not be made within six months before a city, town or district election.

C. Each district shall be entitled to one councilman or representative in the governing body who is elected pursuant to chapter 7, article 3 of this title.
A.R.S. § 9-462.01 — Arizona Code / Title 9 / Chapter 4 / Article 6.1 / Section 462.01
9-462.01 Zoning regulations; public hearing; definitions
Status: in_force

9-462.01. Zoning regulations; public hearing; definitions

A. Pursuant to this article, the legislative body of any municipality by ordinance, in order to conserve and promote the public health, safety and general welfare, may:

1. Regulate the use of buildings, structures and land as between agriculture, residence, industry, business and other purposes.

2. Regulate signs and billboards.

3. Regulate the location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, courts and other open spaces, the percentage of a lot that may be occupied by a building or structure, access to incident solar energy and the intensity of land use.

4. Establish requirements for off-street parking and loading.

5. Establish and maintain building setback lines.

6. Create civic districts around civic centers, public parks, public buildings or public grounds and establish regulations for the civic districts.

7. Require as a condition of rezoning public dedication of rights-of-way as streets, alleys, public ways, drainage and public utilities as are reasonably required by or related to the effect of the rezoning.

8. Establish floodplain zoning districts and regulations to protect life and property from the hazards of periodic inundation. Regulations may include variable lot sizes, special grading or drainage requirements, or other requirements deemed necessary for the public health, safety or general welfare.

9. Establish special zoning districts or regulations for certain lands characterized by adverse topography, adverse soils, subsidence of the earth, high water table, lack of water or other natural or man-made hazards to life or property.  Regulations may include variable lot sizes, special grading or drainage requirements, or other requirements deemed necessary for the public health, safety or general welfare.

10. Establish districts of historical significance provided that:

(a) The ordinances may require that special permission be obtained for any development within the district if the legislative body has adopted a plan for the preservation of districts of historical significance that meets the requirements of subdivision (b) of this paragraph, and the criteria contained in the ordinance are consistent with the objectives set forth in the plan.

(b) A plan for the preservation of districts of historical significance shall identify districts of special historical significance, state the objectives to be sought concerning the development or preservation of sites, area and structures within the district, and formulate a program for public action, including providing public facilities and regulating private development and demolition necessary to realize these objectives.

(c) The ordinance establishing districts of historical significance shall set forth standards necessary to preserve the historical character of the area so designated.

(d) The ordinances may designate or authorize any committee, commission, department or person to designate structures or sites of special historical significance in accordance with criteria contained in the ordinance, and no designation shall be made except after a public hearing on notice of the owners of record of the property designated of special historical significance. The ordinances may require that special permission be obtained for any development respecting the structures or sites.

11. Establish age-specific community zoning districts in which residency is restricted to a head of a household or spouse who must be of a specific age or older and in which minors are prohibited from living in the home.  Age-specific community zoning districts shall not be overlaid over property without the permission of all owners of property included as part of the district unless all of the property in the district has been developed, advertised and sold or rented under specific age restrictions. The establishment of age-specific community zoning districts is subject to all of the public notice requirements and other procedures prescribed by this article.

12. Establish procedures, methods and standards for the transfer of development rights within its jurisdiction. Any proposed transfer of development rights from the sending property or to the receiving property shall be subject to the notice and hearing requirements of section 9-462.04 and shall be subject to the approval and consent of the property owners of both the sending and receiving property.  Before any transfer of development rights, a municipality shall adopt an ordinance providing for:

(a) The issuance and recordation of the instruments necessary to sever development rights from the sending property and to affix development rights to the receiving property. These instruments shall be executed by the affected property owners and lienholders.

(b) The preservation of the character of the sending property and assurance that the prohibitions against the use and development of the sending property shall bind the landowner and every successor in interest to the landowner.

(c) The severance of transferable development rights from the sending property and the delayed transfer of development rights to a receiving property.

(d) The purchase, sale, exchange or other conveyance of transferable development rights before the rights being affixed to a receiving property.

(e) A system for monitoring the severance, ownership, assignment and transfer of transferable development rights.

(f) The right of a municipality to purchase development rights and to hold them for resale.

(g) The right of a municipality at its discretion to enter into an intergovernmental agreement with another municipality or a county for the transfer of development rights between jurisdictions. The transfer shall comply with this paragraph, except that if the sending property is located in an unincorporated area of a county, the approval of the development rights to be sent to a municipality shall comply with section 11-817.

B. For the purposes of subsection A of this section, the legislative body may divide a municipality, or portion of a municipality, into zones of the number, shape and area it deems best suited to carry out the purpose of this article and articles 6, 6.2 and 6.3 of this chapter.

C. All zoning regulations shall be uniform for each class or kind of building or use of land throughout each zone, but the regulations in one type of zone may differ from those in other types of zones as follows:

1. Within individual zones, there may be uses permitted on a conditional basis under which additional requirements must be met, including requiring site plan review and approval by the planning agency. The conditional uses are generally characterized by any of the following:

(a) Infrequency of use.

(b) High degree of traffic generation.

(c) Requirement of large land area.

2. Within residential zones, the regulations may permit modifications to minimum yard lot area and height requirements.

D. To carry out the purposes of this article and articles 6 and 6.2 of this chapter, the legislative body may adopt overlay zoning districts and regulations applicable to particular buildings, structures and land within individual zones. For the purposes of this subsection, "overlay zoning district" means a special zoning district that includes regulations that modify regulations in another zoning district with which the overlay zoning district is combined.  Overlay zoning districts and regulations shall be adopted pursuant to section 9-462.04.

E. The legislative body may approve a change of zone conditioned on a schedule for development of the specific use or uses for which rezoning is requested.  If, at the expiration of this period, the property has not been improved for the use for which it was conditionally approved, the legislative body, after notification by certified mail to the owner and applicant who requested the rezoning, shall schedule a public hearing to take administrative action to extend, remove or determine compliance with the schedule for development or take legislative action to cause the property to revert to its former zoning classification.

F. All zoning and rezoning ordinances or regulations adopted under this article shall be consistent with and conform to the adopted general plan of the municipality, if any, as adopted under article 6 of this chapter. In the case of uncertainty in construing or applying the conformity of any part of a proposed rezoning ordinance to the adopted general plan of the municipality, the ordinance shall be construed in a manner that will further the implementation of, and not be contrary to, the goals, policies and applicable elements of the general plan. A rezoning ordinance conforms with the land use element of the general plan if it proposes land uses, densities or intensities within the range of identified uses, densities and intensities of the land use element of the general plan.

G. A regulation or ordinance under this section may not prevent or restrict agricultural composting on farmland that is five or more contiguous acres and that meets the requirements of this subsection. An agricultural composting operation shall notify in writing the legislative body of the municipality and the nearest fire department of the location of the composting operation.  If the nearest fire department is located in a different municipality from the agricultural composting operation, the agricultural composting operation shall also notify in writing the fire department of the municipality in which the operation is located.  Agricultural composting is subject to sections 3-112 and 49-141. Agricultural composting may not be conducted within one thousand three hundred twenty feet of an existing residential use, unless the operations are conducted on farmland or land leased in association with farmland.  Any disposal of manure shall comply with section 49-247.  For the purposes of this subsection:

1. "Agricultural composting" means the controlled biological decomposition of organic solid waste under in-vessel anaerobic or aerobic conditions where all or part of the materials are generated on the farmland or will be used on the farmland associated with the agricultural composting operation.

2. "Farmland" has the same meaning prescribed in section 3-111 and is subject to regulation under section 49-247.

H. A municipality may not adopt a land use regulation or impose any condition for issuance of a building or use permit or other approval that violates section 9-461.16.

I. In accordance with article II, sections 1 and 2, Constitution of Arizona, the legislative body of a municipality shall consider the individual property rights and personal liberties of the residents of the municipality before adopting any zoning ordinance.

J. Before adopting any zoning ordinance or zoning ordinance text amendment of general applicability, the legislative body of a municipality shall consider a housing impact statement regarding the impact of the zoning ordinance or zoning ordinance text amendment that shall include:

1. A general estimate of the probable impact on the average cost to construct housing for sale or rent within the zoning districts to which the zoning ordinance or text amendment applies.

2. A description of any data or reference material on which the proposed zoning ordinance or text amendment is based.

3. A description of any less costly or less restrictive alternative methods of achieving the purpose of the proposed zoning ordinance or text amendment.

K. A municipality may not adopt or enforce a land use regulation that requires the property on which a nongovernmental primary or secondary school operates to be larger than one acre.

L. For the purposes of this section:

1. "Development rights" means the maximum development that would be allowed on the sending property under any general or specific plan and local zoning ordinance of a municipality in effect on the date the municipality adopts an ordinance pursuant to subsection A, paragraph 12 of this section respecting the permissible use, area, bulk or height of improvements made to the lot or parcel. Development rights may be calculated and allocated in accordance with factors including dwelling units, area, floor area, floor area ratio, height limitations, traffic generation or any other criteria that will quantify a value for the development rights in a manner that will carry out the objectives of this section.

2. "Receiving property" means a lot or parcel within which development rights are increased pursuant to a transfer of development rights. Receiving property shall be appropriate and suitable for development and shall be sufficient to accommodate the transferable development rights of the sending property without substantial adverse environmental, economic or social impact to the receiving property or to neighboring property.

3. "Sending property" means a lot or parcel with special characteristics, including farmland, woodland, desert land, mountain land, floodplain, natural habitats, recreation or parkland, including golf course area, or land that has unique aesthetic, architectural or historic value that a municipality desires to protect from future development.

4. "Transfer of development rights" means the process by which development rights from a sending property are affixed to one or more receiving properties.
A.R.S. § 9-1401 — Arizona Code / Title 9 / Chapter 13 / Article 1 / Section 1401
9-1401 Definitions
Status: in_force

9-1401. Definitions

In this chapter, unless the context otherwise requires:

1. "Affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with a video service provider.

2. "Agreement" means any agreement or contract.

3. "Boundaries of a local government" or "boundaries" means all of the area within the corporate limits of the city or town.

4. "Cable operator" has the same meaning prescribed in 47 United States Code section 522.

5. "Cable service" has the same meaning prescribed in 47 United States Code section 522.

6. "Cable system" has the same meaning prescribed in 47 United States Code section 522.

7. "Commercial mobile service provider" means a person that provides commercial mobile service as defined in 47 United States Code section 332(d) or commercial mobile radio service as described in 47 Code of Federal Regulations section 20.3.

8. "Day" means a calendar day, except a Saturday or Sunday or a holiday prescribed in section 1-301.

9. "Gross revenue":

(a) Means all cash, credits, property of any kind or nature or other consideration that is received directly or indirectly by a video service provider, its affiliates, or any person, firm or corporation in which the video service provider has a financial interest or that has a financial interest in the video service provider and that is derived from the video service provider's operation of its video service network to provide video service in the service area.

(b) Includes all revenue from charges for video service to subscribers and all charges for installation, removal, connection or reinstatement of equipment necessary for a subscriber to receive video service and any other receipts from subscribers derived from the video service provider's operation of the video service network to provide video service, including receipts from forfeited deposits, sale or rental of equipment to provide video service, late charges, interest and sale of program guides.

(c) Does not include:

(i) Any revenue not received, even if billed, such as bad debt net of any recoveries of bad debt or any refunds, credits, allowances or discounts to subscribers to the extent that the refund, rebate, credit, allowance or discount is attributed to video service.

(ii) Revenue from commercial advertising on the video service network, the use or lease of studio facilities of the video service network, internet access service, the use or lease of its facilities located in the highways, the use or lease of leased access channels or bandwidth, the use or lease of towers, the production of video programming by the video service provider, the sale, exchange, use or cablecast of any programming by the video service provider in the service area, sales to the video service provider's subscribers by programmers of home shopping services, reimbursements paid by programmers for launch fees or marketing expenses, license fees, taxes or other fees or charges that the video service provider collects and pays to any governmental authority, any increase in the value of any stock, security or asset, or any dividends or other distributions made from any stock or securities.

10. "Highway" means all roads, streets and alleys and other dedicated public rights-of-way that are operated and maintained by a local government.

11. "Holder" means a video service provider that has been issued a uniform video service license pursuant to this chapter.

12. "Holdover cable operator" means an incumbent cable operator that elects under sections 9-1412 and 9-1413 to continue to operate within its service area pursuant to its local license.

13. "Incumbent cable operator" means a cable operator or other video service provider that on December 31, 2019 is providing video service in this state pursuant to a local license.

14. "Information service" has the same meaning prescribed in 47 United States Code section 153.

15. "Interactive computer service" has the same meaning prescribed in 47 United States Code section 230(f).

16. "License" means a franchise as defined in 47 United States Code section 522.

17. "License fee" means a license fee imposed by a local government on a video service provider for using the highways to provide and for the privilege of providing video service.

18. "Local government" means any city, including a charter city, or town.

19. "Local law" means any charter, code, ordinance, resolution, regulation or other law of a local government.

20. "Local license" means any license, agreement, permit or similar authorization that meets all of the following:

(a) Allows a person to construct or operate a video service network within the boundaries of a local government.

(b) Is issued, granted, approved, extended or renewed by the local government before January 1, 2020 pursuant to the authority of any federal, state or local law in effect at the time of the issuance, grant, approval, extension or renewal.

(c) Is effective under federal, state or local law on December 31, 2019 for the person to continue to construct or operate a video service network within the boundaries of a local government.

21. "Multichannel video programming distributor" has the same meaning prescribed in 47 United States Code section 522.

22. "Service area" means that part of the boundaries of a local government within which a video service provider is authorized to provide video service pursuant to a uniform video service license or a local license.

23. "Subscriber":

(a) Means any person in this state that purchases video service.

(b) Does not include any person that purchases video service for resale and that, on resale, is required to pay a license fee pursuant to this chapter or the terms of a local license.

24. "Telecommunications":

(a) Means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information sent and received, regardless of the facilities, equipment or technology used.

(b) Does not include commercial mobile radio service, pay phone service, interstate service or cable service.

25. "Telecommunications provider" means a person that is required to obtain from the corporation commission a certificate of public convenience and necessity to provide telecommunications service.

26. "Telecommunications service" means the offering of telecommunications for a fee directly to the public, or to such users as to be effectively available directly to the public, regardless of the equipment, facilities or technology used.

27. "Uniform video service license" means a license that is issued by a local government in the form of a uniform video service license agreement as adopted pursuant to section 9-1411.

28. "Video service":

(a) Means the provision by a video service provider of multichannel video programming generally considered comparable to video programming delivered by a television broadcast station, video service or other digital television service, whether provided as part of a tier, on demand or on a per-channel basis, without regard to the technology used to deliver the video service, including internet protocol technology or any successor technology.

(b) Includes cable service.

(c) Does not include any of the following:

(i) Video programming accessed through a service that enables users to access content, information, email, messaging or other services that are offered via the internet, including streaming content.

(ii) Direct-to-home satellite services as defined in 47 United States Code section 303(v).

(iii) Wireless multichannel video programming that is provided by a commercial mobile service provider.

29. "Video service network":

(a) Means a wireline network, or any component of a wireline network, that is located in this state, constructed in whole or in part in, on, under or over any highway and used to provide video service.

(b) Includes a cable system.

30. "Video service provider":

(a) Means any person that provides or offers to provide video service over a video service network to subscribers in this state.

(b) Includes an incumbent cable operator that elected pursuant to sections 9-1412 and 9-1413 to terminate its local license and a multichannel video programming distributor.

(c) Does not include any of the following:

(i) A holdover cable operator.

(ii) A provider of video programming accessed through a service that enables users to access content, information, email, messaging or other services that are offered via the internet, including streaming content.

(iii) A provider of direct-to-home satellite services as defined in 47 United States Code section 303(v).
A.R.S. § 9-471 — Arizona Code / Title 9 / Chapter 4 / Article 7 / Section 471
9-471 Annexation of territory; procedures; notice; petitions; access to information; pre-annexation agreements; restrictions
Status: in_force

9-471. Annexation of territory; procedures; notice; petitions; access to information; pre-annexation agreements; restrictions

A. The following procedures are required to extend and increase the corporate limits of a city or town by annexation:

1. A city or town shall file in the office of the county recorder of the county in which the annexation is proposed a blank petition required by paragraph 4 of this subsection setting forth a description and an accurate map of all the exterior boundaries of the territory contiguous to the city or town proposed to be annexed, except that a city or town shall not file an annexation petition that includes any territory for which an unsuccessful annexation was attempted by the same city or town until at least forty-five days after completion of the unsuccessful attempt. A property owner may waive the forty-five-day waiting period for the owner's property that was part of the original unsuccessful annexation. Notice and a copy of the filing shall be given to the clerk of the board of supervisors and to the county assessor. The accurate map shall include all county rights-of-way and roadways that are within or contiguous to the exterior boundaries of the area of the proposed annexation. If state land, other than state land used as state rights-of-way or land held by the state by tax deed, is included in the territory, written approval of the state land commissioner and the selection board established by section 37-202 shall also be filed. The description shall identify the entity, if any, that will be responsible for maintaining the existing rights-of-way and roadways that are within or contiguous to the exterior boundaries of the area of the proposed annexation. For the purposes of this paragraph, "unsuccessful annexation" means an annexation attempt that was withdrawn or that was not completed pursuant to this section.

2. Signatures on petitions filed for annexation shall not be obtained for a waiting period of thirty days after filing the blank petition.

3. After filing the blank petition pursuant to paragraph 1 of this subsection, the governing body of the city or town shall hold a public hearing within the last ten days of the thirty-day waiting period to discuss the annexation proposal. The public hearing shall be held in accordance with title 38, chapter 3, article 3.1, except that, notwithstanding section 38-431.02, subsections C and D, the following notices of the public hearing to discuss the annexation proposal shall be given at least six days before the hearing:

(a) Publication at least once in a newspaper of general circulation, which is published or circulated in the city or town and the territory proposed to be annexed, at least fifteen days before the end of the waiting period.

(b) Posting in at least three conspicuous public places in the territory proposed to be annexed.

(c) Notice by first class mail sent to the chairperson of the board of supervisors of the county in which the territory proposed to be annexed is located.

(d) Notice by first class mail with an accurate map of the territory proposed to be annexed sent to each owner of the real and personal property as shown on the statement furnished pursuant to subsection G of this section that would be subject to taxation by the city or town in the event of annexation in the territory proposed to be annexed. For the purposes of this subdivision, "real and personal property" includes mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property.

4. Within one year after the last day of the thirty-day waiting period, a petition in writing signed by the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property that would be subject to taxation by the city or town in the event of annexation, as shown by the last assessment of the property, may be circulated and filed in the office of the county recorder. For the purposes of this paragraph, "real and personal property" includes mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property.

5. Alterations increasing or reducing the territory sought to be annexed shall not be made after a petition has been signed by a property owner.

6. The petitioner shall determine and submit a sworn affidavit verifying that no part of the territory for which the filing is made is already subject to an earlier filing for annexation. The county recorder shall not accept a filing for annexation without the sworn affidavit.

B. All information contained in the filings, the notices, the petition, the tax and property rolls and other matters regarding a proposed or final annexation shall be made available by the appropriate official for public inspection during regular office hours.

C. Any city or town, the attorney general, the county attorney or any other interested party within the territory to be annexed may on verified petition move to question the validity of the annexation for failure to comply with this section. The petition shall set forth the manner in which it is alleged the annexation procedure was not in compliance with this section and shall be filed within thirty days after adoption of the ordinance annexing the territory by the governing body of the city or town and not otherwise. The burden of proof shall be on the petitioner to prove the material allegations of the verified petition. An action shall not be brought to question the validity of an annexation ordinance unless brought within the time and for the reasons provided in this subsection. All hearings provided by this section and all appeals therefrom shall be preferred and heard and determined in preference to all other civil matters, except election actions. If more than one petition questioning the validity of an annexation ordinance is filed, all such petitions shall be consolidated for hearing. If two or more cities or towns show the court that they have demonstrated an active interest in annexing any or all of the area proposed for annexation, the court shall consider any oral or written agreements or understandings between or among the cities and towns in making its determination pursuant to this subsection.

D. The annexation shall become final after the expiration of thirty days after the adoption of the ordinance annexing the territory by the city or town governing body, provided the annexation ordinance has been finally adopted in accordance with procedures established by statute, charter provisions or local ordinances, whichever is applicable, subject to the review of the court to determine the validity of the annexation ordinance if petitions in objection have been filed. After adoption of the annexation ordinance, the clerk of the city or town shall provide a copy of the adopted annexation ordinance to the clerk of the board of supervisors of each county that has jurisdiction over the annexed area within sixty days after the annexation becomes final.

E. For the purpose of determining the sufficiency of the percentage of the value of property under this section, the values of property shall be determined as follows:

1. In the case of property assessed by the county assessor, values shall be the same as shown by the last assessment of the property.

2. In the case of property valued by the department of revenue, values shall be appraised by the department in the manner provided by law for municipal assessment purposes.

F. For the purpose of determining the sufficiency of the percentage of persons owning property under this section, the number of persons owning property shall be determined as follows:

1. In the case of property assessed by the county assessor, the number of persons owning property shall be as shown on the last assessment of the property.

2. In the case of property valued by the department of revenue, the number of persons owning property shall be as shown on the last valuation of the property.

3. If an undivided parcel of property is owned by multiple owners, those owners are deemed one owner for the purposes of this section.

4. If a person owns multiple parcels of property, that owner is deemed one owner for the purposes of this section.

G. The county assessor and the department of revenue, respectively, shall furnish to the city or town proposing an annexation, within thirty days after a request, a statement in writing showing the owner, the address of each owner and the appraisal and assessment of all such property.

H. Territory is not contiguous for the purposes of subsection A, paragraph 1 of this section unless:

1. It adjoins the exterior boundary of the annexing city or town for at least three hundred feet.

2. It is, at all points, at least two hundred feet in width, excluding rights-of-way and roadways.

3. The distance from the existing boundary of the annexing city or town where it adjoins the annexed territory to the furthest point of the annexed territory from that boundary is not more than twice the maximum width of the annexed territory.

I. A city or town shall not annex territory if, as a result of that annexation, unincorporated territory is completely surrounded by the annexing city or town or a combination of the annexing city or town and other cities or towns, unless the county board of supervisors for the county in which the territory is located makes a finding that the proposed annexation will not adversely impact the levels of county services to the remaining unincorporated territory.

J. Notwithstanding any provisions of this article to the contrary, any town incorporated before 1950 that had a population of less than two thousand persons by the 1970 census and that is bordered on at least three sides by Indian lands may annex by ordinance territory owned by the state within the same county for a new townsite that is not contiguous to the existing boundaries of the town.

K. Subsections H and I of this section do not apply to territory that at the time of the annexation was already completely surrounded by the same city or town or a combination of cities and towns.

L. Subsection I of this section does not apply to annexations that were approved by the selection board established in section 37-202 before August 25, 2020.

M. A city or town annexing an area shall adopt zoning classifications that permit densities and uses not greater than those permitted by the county immediately before annexation. Subsequent changes in zoning of the annexed territory shall be made according to existing procedures established by the city or town for the rezoning of land.

N. The annexation of territory within six miles of territory included in a pending incorporation petition filed with the county recorder pursuant to section 9-101.01, subsection D shall not cause an urbanized area to exist pursuant to section 9-101.01 that did not exist before the annexation.

O. As an alternative to the procedures established in this section, a county right-of-way or roadway may be transferred to an adjacent city or town by mutual consent of the governing bodies of the county and city or town if the property transferred is adjacent to the receiving city or town and if the city or town and county each approve the proposed transfer as a published agenda item at a regular public meeting of their governing bodies. A transfer of property made pursuant to this subsection shall be treated by the receiving city or town as if the transferred property was newly annexed territory.

P. On or before the date the governing body adopts the ordinance annexing territory, the governing body shall have approved a plan, policy or procedure to provide the annexed territory with appropriate levels of infrastructure and services to serve anticipated new development within ten years after the date the annexation becomes final pursuant to subsection D of this section.

Q. If a property owner prevails in any action to challenge the annexation of the property owner's property, the court shall allow the property owner reasonable attorney fees and costs relating to the action from the annexing municipality.

R. A city or town may annex territory that is a county-owned park or a park operated on public lands by a county as part of a management agreement if otherwise agreed to by the board of supervisors. If the board of supervisors does not agree to the annexation, the county-owned park or park operated on public lands by a county as part of a management agreement shall be excluded from the annexation area, notwithstanding subsections H and I of this section. A county-owned park or park operated on public lands by a county as part of a management agreement that is excluded from the annexation area pursuant to this subsection may subsequently be annexed with the permission of the board of supervisors notwithstanding any other provision of this section. For the purposes of this subsection, "public lands":

1. Has the same meaning prescribed in section 37-901.

2. Does not include lands owned by a flood control district.

S. Notwithstanding subsection H of this section, territory is considered contiguous for the purposes of subsection A, paragraph 1 of this section if all of the real property in the territory is owned by one person, the city or town and the owner of the real property agree to the annexation and the territory adjoins the exterior boundary of the annexing city or town for at least three hundred feet.

T. A city, town or developer may enter into a pre-annexation agreement with a property owner in which the property owner agrees to future annexation of an area that includes the property owner's property.  A property owner who has entered into a pre-annexation agreement is not required to sign the petition pursuant to subsection A, paragraph 4 of this section. Whether or not the property owner signs the petition, the property and property owner are included for purposes of calculating the one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property that would be subject to taxation by the city or town in the event of the annexation, as required pursuant to subsection A, paragraph 4 of this section.
A.R.S. § 9-499.14 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.14
9-499.14 Renewable energy incentive districts; definition
Status: in_force

9-499.14. Renewable energy incentive districts; definition

A. The governing body of a city or town may designate a renewable energy incentive district in an area in the city or town if all of the following apply:

1. The proposed district consists of a vacant or underused parcel or parcels of property, or any other parcel or parcels of property the governing body deems suitable for renewable energy and storage equipment, that are appropriate sizes for the construction and operation of renewable energy and storage equipment.  The governing body may designate portions of land or noncontiguous portions of land as a renewable energy incentive district or districts.

2. The proposed district is located within an area of the city or town so that the construction and operation of renewable energy and storage equipment would not be incompatible with other uses of property in the area considering factors relating to the construction and operation of renewable energy and storage equipment, including:

(a) The ability to adequately buffer the district from surrounding incompatible uses.

(b) The noise level emanating from the district alone and in relation to ambient noise levels at the perimeter of the property falling within the proposed district and relative to other adjacent lands.

(c) The extent to which the district would be located in proximity to existing transportation and electrical transmission corridors.

(d) Compatibility with commercial and military air space requirements.

3. The governing body has evaluated the extent to which the proposed district is consistent with the existing general plan and has determined that the proposed district does not conflict with the plan.  The governing body may determine that the district is not a major amendment to the general plan pursuant to section 9-461.06.

B. If the governing body establishes a renewable energy incentive district, it shall adopt a renewable energy incentive plan to encourage the construction and operation of renewable energy and storage equipment in the district.  The plan may include:

1. Expedited zoning or rezoning procedures.

2. Expedited processing of plans, proposals and permits.

3. Waivers or abatement of zoning fees, processing fees, and improvement district fees and assessments for development activities.

4. Waiver or abatement of development standards and procedural requirements.

C. For the purposes of this section, "renewable energy and storage equipment" has the same meaning prescribed in section 42-14155.
A.R.S. § 9-500.31 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.31
9-500.31 Prohibition on adopting landlord tenant bedbug control requirements
Status: in_force

9-500.31. Prohibition on adopting landlord tenant bedbug control requirements

A. Except as provided in subsection B of this section, a city or town shall not adopt requirements by ordinance or otherwise for landlords or tenants that relate to the control of bedbugs as defined in section 33-1319, other than the requirements prescribed by section 33-1319.

B. A city or town may adopt requirements relating to the proper disposal of items that are infested with bedbugs.
A.R.S. § 9-969 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 969
9-969 Applicability of workers' compensation law
Status: in_force

9-969. Applicability of workers' compensation law

This article shall be supplemental and in addition to the workers' compensation law, but firemen and their beneficiaries receiving compensation under those provisions of law shall not receive the benefits provided by this article during the period they receive such compensation, except in the event such compensation is less than the benefits provided by this article, then the relief and pension fund shall pay the deficiency as determined by the board of trustees.
A.R.S. § 9-303 — Arizona Code / Title 9 / Chapter 3 / Article 1 / Section 303
9-303 City or town manager
Status: in_force

9-303. City or town manager

A. The governing body of a city or town, in addition to the officers already specified by law, may, by ordinance, create the office of city or town manager, and appoint a person thereto to be known as the city or town manager.

B. The city or town manager shall have and exercise the powers and perform the duties relating to the affairs of the city or town as shall be specified by the ordinance creating the office of city or town manager.

C. The person appointed to the office of city or town manager shall serve at the pleasure of the governing body of the city or town and may be removed without cause by a majority vote thereof.
A.R.S. § 9-485.01 — Arizona Code / Title 9 / Chapter 4 / Article 7.2 / Section 485.01
9-485.01 Mobile food vendors; mobile food units; operation
Status: in_force

9-485.01. Mobile food vendors; mobile food units; operation

A. In relation to a mobile food vendor or mobile food unit, a city or town by ordinance or resolution may:

1. Prohibit or restrict a mobile food vendor from operating at a public airport or public transit facility, in an area zoned for residential use or within two hundred fifty feet of an area zoned for residential use.

2. Continue to enact and enforce regulations and zoning codes on mobile food units or mobile food vendors that are not otherwise prohibited by law.

B. In relation to a mobile food vendor or mobile food unit, a city or town may not:

1. Require a mobile food vendor, property owner or lessee of a property to apply for and receive any special permit that is not required for other temporary or mobile vending businesses in the same zoning district.

2. Require a mobile food vendor or mobile food unit to operate a specific distance from the perimeter of an existing commercial establishment or restaurant, except as required by applicable building, fire, street and sidewalk codes.

3. Prohibit or restrict a mobile food vendor or mobile food unit from using any legal parking space, including metered parking, except to restrict the number of spaces, vehicle size and parking duration and the ability to occupy sites with insufficient parking capacity as prescribed by a local zoning ordinance of the city or town or as otherwise prohibited by federal law.

4. Require a mobile food unit to be inspected by a city or town fire department before operation if the mobile food vendor provides evidence that the mobile food unit passed a fire inspection by another city or town fire department in this state within the preceding twelve months.

C. A city or town with a population of more than fifty thousand persons shall make available all applicable license applications in an electronic format that is available online and may not require a mobile food vendor to apply in person.
A.R.S. § 9-469 — Arizona Code / Title 9 / Chapter 4 / Article 6.4 / Section 469
9-469 Municipal housing needs assessment; annual report; applicability
Status: in_force

9-469. Municipal housing needs assessment; annual report; applicability

A. Beginning January 1, 2025 and every five years thereafter, a municipality shall publish a housing needs assessment that includes the following:

1. The total population growth projected for the subsequent five-year period.

2. The total job growth projected for the subsequent five-year period.

3. The total amount of residentially zoned land with detail on land zoned as single-family and multifamily.

4. The total need for additional residential housing units for rent and for sale in the municipality to meet:

(a) Any deficiencies in housing the existing population.

(b) Any deficiencies in housing the existing workforce.

(c) Population growth projections.

(d) Job growth projections.

(e) Housing needs across all various income levels.

B. Beginning January 1, 2025 and every year thereafter, each municipality shall submit an annual report to the Arizona department of housing accounting for the total number of proposed residential housing units submitted to the municipality, the total number of net new residential housing units submitted to the municipality and the total number of new residential housing units that are entitled, have been platted, have been issued a building permit and have received a certificate of occupancy by the municipality. The annual report shall include all of the following:

1. The number of housing development applications received in the prior year.

2. The number of lots and multifamily units included in all development applications in the prior year.

3. The number of lots and multifamily units approved and disapproved or otherwise not approved in the prior year.

4. A threshold percentage requirement of multifamily zoned land versus single-family zoned land needed to meet population demand in each municipality.

5. The status and progress in meeting the municipality's housing needs.

6. A plan that specifies how the municipality intends to satisfy the identified need for additional housing units within the municipality.

C. A municipality that has conducted a housing needs assessment report as of January 1, 2021 shall amend all existing reports to include the information required in subsection A of this section.

D. The Arizona department of housing shall compile the reports received pursuant to subsection B of this section and submit the reports to the governor, the president of the senate and the speaker of the house of representatives.

E. This section does not require a municipality to fulfill the projections in the housing needs assessment required by subsection A of this section.

F. This section does not apply to a municipality that is located on tribal land or a municipality with a population of less than thirty thousand persons.
A.R.S. § 9-412 — Arizona Code / Title 9 / Chapter 4 / Article 2 / Section 412
9-412 Receipt of gifts for library
Status: in_force

9-412. Receipt of gifts for library

Cities or towns may receive, hold or dispose of gifts made to them for library purposes and may apply them in a manner which will best promote the uses of the library, subject to the terms of the gift.
A.R.S. § 9-471.03 — Arizona Code / Title 9 / Chapter 4 / Article 7 / Section 471.03
9-471.03 Return of certain land to county; procedures
Status: in_force

9-471.03. Return of certain land to county; procedures

A. Notwithstanding any other law, territory may be deannexed, severed and returned to the county by a city or town if the territory is a county owned park, a park operated on public lands by a county as part of a management agreement or land owned by a flood control district.

B. Notwithstanding any other law, a public right-of-way that is partially located within a city or town and partially located within the unincorporated area of a county may be deannexed and severed from the city or town and returned to the county.

C. The governing body of a city or town that intends to return the territory or public right-of-way to a county shall set forth by ordinance the legal description of the territory or public right-of-way and shall declare the deannexation and return of the territory or public right-of-way contingent on the fulfillment of the conditions of this section.

D. The board of supervisors that intends to receive the territory or public right-of-way shall set a public hearing to determine if the public interest is served. The determination must include an analysis of the impacts of the requested deannexation.

E. If the board of supervisors that intends to receive the territory or public right-of-way determines that the public interest is served by receiving the territory or public right-of-way, the board of supervisors shall set forth by ordinance the legal description of the territory or public right-of-way and shall declare the return of the territory or public right-of-way contingent on fulfillment of the conditions of this section.

F. The board of supervisors shall set a public hearing not less than thirty nor more than sixty days after the date the ordinance is filed.  The board of supervisors shall notify by certified mail each owner of real property subject to taxation adjacent to the territory or public right-of-way that is proposed to be deannexed at least twenty days before the hearing.  On the holding of the public hearing, the board of supervisors may order that the territory or public right-of-way be returned as specified in the ordinance authorized by the city or town.
A.R.S. § 9-461.15 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.15
9-461.15 Requirement of planned community prohibited
Status: in_force

9-461.15. Requirement of planned community prohibited

A. The planning agency of a municipality in exercising its authority pursuant to this title shall not require as part of a subdivision regulation or zoning ordinance that a subdivider or developer establish an association as defined in section 33-1802. A subdivider or developer shall not be penalized because a real estate subdivision or development does not constitute or include a planned community.

B. A municipality may require a subdivider or developer to establish an association to maintain private, common or community owned improvements that are approved and installed as part of a preliminary plat, final plat or specific plan. A municipality shall not require that an association be formed or operated other than for the maintenance of common areas or community owned property. This subsection applies only to planned communities that are established in plats recorded after the effective date of this section.

C. This section does not limit the subdivider or developer in the establishment or authority of any planned community established pursuant to title 33, chapter 16 or limit a subdivider, a developer or an association from requesting and entering into a maintenance agreement with a municipality.
A.R.S. § 9-500.03 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.03
9-500.03 Maintenance and protection of parks; park rangers
Status: in_force

9-500.03. Maintenance and protection of parks; park rangers

A. A city or town may appoint park rangers.

B. A park ranger may be empowered to issue citations for violations of ordinances and park rules and regulations.

C. Nothing in this section shall be construed to grant park rangers other powers or benefits to which peace officers are entitled.
A.R.S. § 9-441.07 — Arizona Code / Title 9 / Chapter 4 / Article 4 / Section 441.07
9-441.07 Use of municipal revenue powers to provide monies for project
Status: in_force

9-441.07. Use of municipal revenue powers to provide monies for project

Every municipality may use its monies for the purposes of aiding in the planning, undertaking or carrying out of a housing development project in its area of operations. To obtain monies for this purpose, every municipality, in addition to other powers set forth in this article, may levy taxes, incur indebtedness and issue bonds in amounts the local governing body determines by resolution are necessary for the purpose of raising monies for use in connection with a housing development project. Any bonds to be issued by the municipality pursuant to this section shall be issued in the manner and within the limitations prescribed by the laws of this state for the issuance and authorization of bonds for public purposes generally.
A.R.S. § 9-441.03 — Arizona Code / Title 9 / Chapter 4 / Article 4 / Section 441.03
9-441.03 Issuance of bonds
Status: in_force

9-441.03. Issuance of bonds

A. A municipality may issue bonds to finance any housing development project under this article, including the payment of principal and interest on any advances for surveys and plans for housing development projects, and may also issue refunding bonds for the payment or retirement of such bonds previously issued by it. The bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues and monies of the municipality derived from or held in connection with its undertaking and carrying out of housing development projects under this article, whether or not they are financed in whole or in part with the proceeds of such bonds, but payment of the bonds, both as to principal and interest, may be further or exclusively secured by a pledge or any loan, grant or contribution from the federal government or any other source, whether public or private, in aid of any housing development areas of the municipality established pursuant to this article and by a mortgage of any such housing development areas.

B. The bonds and other obligations of the municipality issued pursuant to subsection A are not a general obligation or general debt of the municipality, this state or any of its political subdivisions, and neither the municipality, this state nor any of its political subdivisions are generally liable for the bonds or obligations. The bonds or obligations shall not give rise to a general obligation or liability of the municipality, this state or any of its political subdivisions, or a charge against their general credit or taxing powers, and shall not be payable from any monies or properties other than those monies or properties specifically described in subsection A, and the bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Bonds issued under this article are declared to be issued for an essential public and governmental purpose and, together with interest and income, are exempt from all taxes.

C. Bonds issued under this section shall be authorized by a resolution of the local governing body, may be issued in one or more series and shall bear a date or dates, be payable on demand or mature at a time or times, bear interest at a rate or rates that may be fixed or variable, be in a denomination or denominations, be in a form, carry conversion or registration privileges, have rank or priority, be executed in a manner, be payable in a medium of payment, at a place or places, and be subject to terms of redemption, with or without premium, as provided by the resolution, trust indenture or mortgage issued for the bonds.

D. The bonds or any bonds issued to refund the bonds may be sold at public or private sale or by an on-line bidding process at a price or prices determined by the local governing body or may be exchanged for other bonds. If bonds are sold at public sale, notice shall be published once at least ten days before the sale in a newspaper of general circulation in the area of operation or in another medium of publication as the municipality determines.  If bonds are sold through an on-line bidding process, bids for the bonds that are entered into the system may be concealed until a specified time or disclosed in the on-line bidding process, may be subject to improvement in favor of the municipality before a specified time and may be for an entire issue of bonds or specified maturities according to the manner, terms and notice provisions ordered by the governing body.  For purposes of this subsection, "on-line bidding process" means a procurement process in which the governing body receives bids electronically over the internet in a real-time, competitive bidding event.

E. If any other public officials of the municipality whose signatures appear on any bonds issued under this article cease to be officials before delivery of the bonds, their signatures are valid and sufficient for all purposes the same as if the officials had remained in office until delivery. Bonds issued pursuant to this article are fully negotiable.

F. In any action or proceedings involving the validity or enforceability of any bond issued under this article or the security for the bond, the recitation in substance in the bond that it has been issued by the municipality in connection with a housing development area is conclusive proof that the bond was issued for that purpose, and that area is conclusively deemed to have been planned, located and carried out in accordance with the purposes and provisions of this article.

G. Neither the members of the local governing body nor any persons executing the bonds are liable personally on the bonds by reason of their issuance.
A.R.S. § 9-481 — Arizona Code / Title 9 / Chapter 4 / Article 7.1 / Section 481
9-481 Audits of cities and towns; posting; budget; accepting audit results
Status: in_force

9-481. Audits of cities and towns; posting; budget; accepting audit results

A. The governing body of each incorporated city or town shall cause an audit to be made by a certified public accountant who is currently certified by the Arizona state board of accountancy or who has a limited reciprocity privilege pursuant to section 32-725 and who is not an employee of the city or town.  Audits shall be made for each fiscal year for all incorporated cities.  Audits shall be made at least once for every two fiscal years for all incorporated towns, and the audit shall include financial transactions during both fiscal years.

B. The audit and the audit report shall include all of the accounts and funds of the city or town, including operating, special, utility, debt, trust and pension, and all other money or property for which the city or town, or any department or officer of the city or town, is responsible either directly or indirectly. The audits shall be made in accordance with generally accepted auditing standards. The consequent audit report shall contain financial statements that are in conformity with generally accepted municipal accounting principles and shall set forth the financial position and results of the operations for each fund and account of the city or town.  The audit report shall also include the following:

1. The professional opinion of the accountant or accountants with respect to the financial statements or, if an opinion cannot be expressed, a declaration of the reasons an opinion cannot be expressed.

2. A determination as to whether Arizona highway user revenue fund monies received by the city or town pursuant to title 28, chapter 18, article 2 and any other dedicated state transportation revenues received by the city or town are being used solely for the authorized transportation purposes.

C. The audit shall begin as soon as possible after the close of the fiscal year, although interim auditing may be performed during the year or years under audit. The audit shall be completed and the final audit report shall be submitted within six months after the close of the fiscal year or years audited.

D. At least three copies of the audit report shall be signed by the auditor and filed with the city or town. The city or town shall immediately do the following:

1. Make one copy of the report a public record that is open to the public for inspection.

2. File one copy of the report with the auditor general pursuant to section 41-1279.07, subsection C.

3. Submit one copy of the report to the secretary of state.

E. The financial statements required to be filed with the auditor general pursuant to section 41-1279.07, including the audit report, must be posted in a prominent location on the official website of the city or town not later than seven business days after the date of filing the financial statements with the auditor general. The financial statements must be retained and accessible in a prominent location on the official website for at least sixty months.  If the financial statements are not filed pursuant to section 41-1279.07, the form as prescribed by subsection F of this section shall be posted on the website of the city or town in place of the financial statements until the financial statements are filed.

F. If the financial statements for a city or town are not completed and filed as prescribed by section 41-1279.07 on or before the adoption of the city or town budget in the subsequent fiscal year, the governing body shall include a form, as prescribed by the auditor general, in the published budget in the subsequent fiscal year pursuant to sections 42-17103 and 42-17105 stating that the financial statements required to be filed with the auditor general pursuant to section 41-1279.07 are pending, the reasons for the delay and the estimated date of completion.

G. If the governing body of a city or town is required to complete the form as prescribed by subsection F of this section, the governing body shall send a copy of the form to the auditor general, the speaker of the house of representatives and the president of the senate.

H. Within ninety days after completing an audit pursuant to this section, the governing body of the city or town shall require the certified public accountant who performed the audit to present the audit results and any findings to the governing body in a regular meeting without the use of a consent agenda, and the governing body shall demonstrate compliance with section 41-1494.
A.R.S. § 9-475 — Arizona Code / Title 9 / Chapter 4 / Article 7 / Section 475
9-475 Filing of map; hearing; approval; recording
Status: in_force

9-475. Filing of map; hearing; approval; recording

A. One copy of the plat or map shall be filed with the city or town and the other copy with the board of supervisors of the county in which the subdivision is situated, to which shall be attached the petition of the owner praying for the approval of the plat or map.

B. The board of supervisors shall set the petition for hearing not less than fifteen and not more than thirty days from the date of the filing of the plat or map and petition with the board, and shall cause written notice thereof to be given to the governing body of the city or town. The city or town may appear at the hearing and show cause why the petition should not be granted. Upon the hearing, if it appears to the board that the plat or map reasonably conforms to legal requirements it shall approve and endorse the approval upon the plat or map and transmit it to the county recorder of the county for filing.
A.R.S. § 9-536 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 536
9-536 Payment of bonds
Status: in_force

9-536. Payment of bonds

A. No holder of bonds issued under this article shall have the right to compel any exercise of the taxing power of the municipality to pay the bonds or the interest on such bonds. Each bond issued under this article shall recite in substance that payment of the bond and interest on such bond is enforceable exclusively from the revenue pledged to its payment.

B. Bonds issued under this article shall not be a debt of the municipality, nor shall payment of such bonds be enforceable out of any funds other than the revenue pledged to the payment of such bonds.

C. This section shall not apply to tax secured bonds issued pursuant to both this article and title 35, chapter 3, article 3.
A.R.S. § 9-912 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 912
9-912 Police pension fund
Status: in_force

9-912. Police pension fund

In each city having a population, according to the last federal census, of not less than twenty thousand inhabitants, there is created, and in each incorporated city or town having a population of less than twenty thousand inhabitants, there may be created by ordinance, a police pension fund, which shall be managed, controlled and distributed in accordance with the provisions of this article.
A.R.S. § 9-598 — Arizona Code / Title 9 / Chapter 5 / Article 8 / Section 598
9-598 General requirements for use of the right-of-way
Status: in_force

9-598. General requirements for use of the right-of-way

Structures and facilities deployed by wireless providers pursuant to this article shall be constructed, maintained and located as to not obstruct, endanger or hinder the usual travel or public safety on the right-of-way, damage or interfere with any other utility facilities in the right-of-way or interfere with a utility's use of the utility's facilities in the right-of-way. Construction and maintenance by the wireless provider shall comply with the national electrical safety code and all applicable laws and regulations for the protection of underground and overhead utility facilities. An authority shall treat a wireless provider's facilities located within a right-of-way on an equal basis with other utility facilities, except that an authority may adopt reasonable regulations to address the separation of the wireless provider's facilities from the other utility facilities within the right-of-way to prevent any damage to or interference with such other utility facilities or interference with a utility's use of the utility's facilities located or to be located within the right-of-way.
A.R.S. § 9-441.06 — Arizona Code / Title 9 / Chapter 4 / Article 4 / Section 441.06
9-441.06 Certification of bonds by attorney general
Status: in_force

9-441.06. Certification of bonds by attorney general

A. Any bonds to be issued under section 9-441.03 may be submitted to the attorney general after all proceedings for issuance of the bonds have been taken. On submission of the proceedings to the attorney general, the attorney general shall examine into and pass upon the validity of the bonds and the regularity of all proceedings in connection with the bonds.

B. If the proceedings conform to this article and are otherwise regular in form, and if the bonds when delivered and paid for will constitute binding and legal obligations enforceable according to their terms, the attorney general shall certify in substance on the back of each of the bonds that it is issued in accordance with the constitution and laws of this state.
A.R.S. § 9-240 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 240
9-240 General powers of common council
Status: in_force

9-240. General powers of common council

A. The common council shall have control of the finances and property of the corporation.

B. The common council shall also have power within the limits of the town:

1. To erect, purchase or lease necessary buildings for the purposes of the corporation.

2. To appropriate money and provide for the payment of its debts and expenses.

3. (a) To exercise exclusive control over the streets, alleys, avenues and sidewalks of the town and to give and change the names thereof.

(b) To prevent and punish for the encumbering thereof, and to abate and remove all encumbrances and obstructions thereon.

(c) To widen, extend, straighten, regulate, grade, clean or otherwise improve the same.

(d) To open, lay out and improve new streets, avenues and alleys.

(e) To vacate or abandon any street, avenue, alley, park, public place or sidewalk in such town or to abolish them, provided that rights-of-way or easements of existing sewer, gas, water or similar pipelines and appurtenances and for canals, laterals or ditches and appurtenances, and for electric, telephone, and similar lines and appurtenances shall continue as they existed prior to the vacating, abandonment, or abolishment thereof.

(f) To protect the same from encroachment and injury.

4. To erect and maintain bridges, culverts, sidewalks and crossways, and prevent and punish for injuries thereto or obstructions thereon.

5. (a) To construct and maintain sewers and drains, and prevent and punish for any obstruction thereof, or thereto.

(b) To change the channels of natural watercourses, to wall the same and cover them over, and regulate the same as sewers.

(c) To prevent and punish for the filling up, altering or changing of natural watercourses by private persons.

(d) To regulate the bridging of all millraces, irrigating and other ditches at the crossings of public highways, by the owners of such millraces and ditches, and after such bridge or ford is built according to the street commissioner's instructions, the crossing shall thereafter be a public charge.

6. To provide the town with water, to construct public wells, cisterns and reservoirs in the streets and other public and private places within the town, or beyond the limits thereof, and to supply the same with pumps and conducting pipes or ditches.

7. (a) To provide regulations for the prevention and extinguishment of fires.

(b) To prevent the erection of wooden buildings within prescribed limits.

(c) To regulate the construction of chimneys, furnaces and fireplaces.

(d) To regulate the storage of explosives, tar, pitch, resin and other combustible or inflammable materials, and to prescribe the places and manner of storing the same.

8. To provide for lighting the streets and other public places of the town, and to exclusively regulate and control the laying and repairing of gas pipes and other appurtenances therein.

9. To provide for enclosing, improving and protecting the public grounds and cemeteries of the town, and to direct and regulate the planting of ornamental and shade trees therein and in the streets of the town.

10. To establish markets and marketplaces for the town and to regulate the same.

11. (a) To establish and maintain necessary cemeteries and burial places for the town beyond the limits thereof.

(b) To regulate the burial of the dead.

(c) To require a registration of the deaths and births, and to impose penalties upon physicians and surgeons for any default in the premises.

12. To establish and regulate the police of the town, to appoint watchmen and policemen, and to remove them, and to prescribe their powers and duties.

13. To prevent, suppress and punish any riot, rout, affray, disorderly noise or disturbance in any public or private place within the town.

14. To prevent, suppress and punish racing or immoderate riding or driving through the streets.

15. (a) To prohibit and punish any amusements or practice tending to annoy or obstruct persons passing upon the streets or sidewalks, or frighten horses or other animals being ridden or driven thereon.

(b) To restrain and punish the ringing of bells, blowing of horns, crying of goods or other noises, performances and practices tending to cause the collection of persons upon the streets or sidewalks and the obstruction thereof.

16. (a) To prohibit the roaming at large of animals within the town.

(b) To authorize the impounding and summary sale thereof when found roaming at large contrary to ordinance.

(c) To impose penalties upon the owners thereof for a violation of any ordinance in relation thereto.

(d) To regulate, restrain and prohibit the running at large of dogs and to authorize their destruction when at large contrary to any ordinance of the town, and to impose penalties upon the owners thereof.

17. (a) To suppress and prohibit prostitution and unlawful sexual intercourse and to punish persons guilty thereof.

(b) To suppress and prohibit the operation of disorderly houses and to punish the owners, managers, lessees, agents, keepers and inmates thereof.

(c) To suppress and prohibit gambling and the operating of gambling houses and to punish the owners, managers and employees thereof and players at such games.

18. To fix the amount of license taxes to be paid by any person, firm, corporation or association for carrying on any business, game or amusement, calling, profession or occupation, and prescribe the method of collection or payment of the same, for a stated period in advance, and fix penalties for failure to comply by fine or imprisonment, or both. Nothing in this article shall be construed as authorizing any town or city to levy an occupational license or fee on any activity when the general law of the state precludes levying such a license or fee.

19. To authorize the clerk to issue licenses, to direct the manner of issuing and registering the same, and the fees of the clerk therefor. No license shall be granted for more than one year, and not less than ten dollars nor more than five thousand dollars shall be charged for any license so issued.

20. (a) To provide regulations to prevent the introduction or spread of contagious, loathsome or infectious diseases within the town.

(b) To make quarantine laws and enforce them within the town and within two miles thereof, and to provide pest houses and hospitals necessary therefor.

21. (a) To define, abate and remove nuisances, and punish persons committing nuisances.

(b) To compel the owner or any occupant of any house or premises to clean the grounds, stables, alleys, streets and walks appurtenant and adjacent thereto.

(c) To prohibit within the town and within two miles beyond the limits thereof slaughterhouses, tanneries, soap factories, establishments for the steaming or rendering of tallow, lard or offal, and all other establishments and places where any nauseous, offensive or unwholesome business may be carried on.

22. To perform other acts, and prescribe other regulations, which may be necessary or expedient for the prevention or suppression of disease.

23. To establish and maintain a workhouse or houses of correction, to make regulations for the government thereof and to appoint the officers and keepers thereof.

24. To authorize the arrest and punishment of vagrants, stragglers and idle and disorderly persons found loitering or strolling about in public places, leading an immoral or profligate life, and to authorize the confinement of any such person, and persons who fail to pay any fine, in the workhouse or house of correction for a period not exceeding three months.

25. (a) To direct and control the laying and construction of railroad tracks, bridges, switches and sidetracks in the streets, alleys and other public places of the town.

(b) To require the same to be so laid and constructed as to interfere as little as possible with the ordinary travel and use of the streets, and other public places.

(c) To authorize the construction of tramways, electric, steam or cable roads and railways in the town, and to regulate the operation thereof, and the fares to be charged thereon and to require the owners thereof to keep in repair the streets wherein the same may be laid, and to construct and keep in repair all bridges, culverts, crossways, ditches and sewers.

(d) To regulate the speed of locomotives.

26. To levy taxes as hereinafter mentioned in this article.

27. To apply any surplus money in the treasury of the town to the extinguishment of the debt of the town, or to provide a sinking fund for that purpose.

28. (a) To make, amend or repeal all ordinances necessary or proper for the carrying into effect of the powers vested in the corporation, or any department or officer thereof.

(b) To enforce the observance of such ordinances, and to punish violations thereof by fine or imprisonment, or both, and by confinement at hard labor, in the discretion of the magistrate or court before whom a conviction may be had, but no fine shall be imposed exceeding two thousand five hundred dollars, nor imprisonment or confinement at hard labor exceeding six months.

(c) Unless specifically prohibited by statute, to classify ordinance violations as criminal or civil offenses.

29. To adopt ordinances for the government of the corporation, its officers and persons within its corporate limits needful for the good government and order of the municipalities, and to provide the manner of prosecution and define the punishment for the violation of such ordinance.
A.R.S. § 9-232 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 232
9-232 Council; qualifications of members; oath; selection of mayor; vacancy
Status: in_force

9-232. Council; qualifications of members; oath; selection of mayor; vacancy

A. A person shall not be a member of a city or town council unless, at the time of the election, the person is eighteen years old, is a qualified elector residing within the city or town and has resided in the city or town for at least one year next preceding the election, or if an area has been annexed to the city or town for a period of less than one year next preceding the election has resided in such area for at least one year next preceding the election. If an annexed area is subject to the provisions of this subsection, a person may meet the residency requirements if the person has resided within the existing limits of the city or town for the one-year period.

B. Every member of the council shall hold the office for the term of two years, except the members of the council first appointed, and before entering on the duties of the office, the member shall take and subscribe the oath of office.

C. Except for a common council organized as prescribed by section 9-232.04, the common council shall assemble within twenty days after their appointment or election, and choose a mayor from among their number.

D. If a member of the council, at any time during the member's term of office, ceases to be a qualified elector of the city or town or ceases to reside in the city or town, the council seat held by the member is deemed vacant.  The council seat shall be filled in the same manner as any vacancy on the council.  On request, the county attorney for the county in which the city or town is located shall investigate and determine whether a vacancy exists pursuant to this subsection.
A.R.S. § 9-839 — Arizona Code / Title 9 / Chapter 7 / Article 4 / Section 839
9-839 Clarification of interpretation
Status: in_force

9-839. Clarification of interpretation

A. An applicant for a license subject to this article may request a municipality to clarify its interpretation or application of a statute, ordinance, code or authorized substantive policy statement affecting the procurement of that license by providing the municipality with a written request that states:

1. The name and address of the applicant requesting the clarification.

2. The statute, ordinance, code or authorized substantive policy statement or part of the statute, ordinance, code or authorized substantive policy statement that requires clarification.

3. Any facts relevant to the requested ruling.

4. The  applicant's proposed interpretation of the applicable statute, ordinance, code or authorized substantive policy statement or part of the statute, ordinance, code or authorized substantive policy statement that requires clarification.

5. Whether, to the best knowledge of the applicant, the issues or related issues are being considered by the municipality in connection with an existing license or license application.

B. On receipt of a request that complies with subsection A, the municipality may meet with the applicant to discuss the written request and shall respond within thirty days of the receipt of the written request with a written explanation of its interpretation or application as raised in the written request. The municipality shall provide the applicant with an opportunity to meet and discuss the municipality's written explanation.

C. The municipality may modify a written explanation provided under subsection B on written notice to the applicant if required by a change in the law that was applicable at the time the clarification of interpretation was issued, including changes caused by legislation, administrative rules formally adopted by the governing body or a court decision.
A.R.S. § 9-821.01 — Arizona Code / Title 9 / Chapter 7 / Article 3 / Section 821.01
9-821.01 Declaration of statewide concern; nonpartisan city and town elections; districts; procedure
Status: in_force

9-821.01. Declaration of statewide concern; nonpartisan city and town elections; districts; procedure

A. Arizona courts have recognized that the Constitution of Arizona requires the legislature's involvement in issues relating to elections conducted by charter cities, including initiative and referendum elections, the method of elections other than by ballot, laws relating to primary elections, voter registration laws to prevent abuse and fraud and campaign finance laws. The legislature finds that the conduct of elections described in this section is a matter of statewide concern.

B. Notwithstanding any other law, a city or town shall not hold any election on candidates for which there is any indication on the ballot of the source of the candidacy or of the support of the candidate.

C. Notwithstanding any other law, for any city or town that provides for election of city or town council members by district, ward, precinct or other geographical designation, only those voters who are qualified electors of the district, ward, precinct or other geographic designation are eligible to vote for that council member candidate in the city or town's primary, general, runoff or other election.

D. Notwithstanding any other law or any charter provision, a city or town may by ordinance provide that at the primary election any candidate for the office of mayor or city council who receives a majority of all votes cast at that election for that office shall be declared elected to the office for which the person is a candidate, effective as of the date of the general election, and a further election may not be held as to such candidate, except that if the person holding the office of mayor or city council at the time of the primary election is holding that office by appointment as prescribed by section 9-235, the following apply:

1. A candidate for the remainder of that term in office who receives a majority of all votes cast at the primary election both:

(a) Shall be declared elected after the canvass and certification of the results of that primary election and on taking the oath of office.

(b) Shall be seated in accordance with subsection E of this section.

2. A candidate for a new term in that office who receives a majority of all votes cast at the primary election both:

(a) Shall be declared elected to the new term of office, effective after the canvass and certification of the results of that primary election and on taking the oath of office.

(b) May be seated to complete the remainder of existing term in accordance with subsection E of this section.

E. If more than one candidate receives a majority of all votes cast at the primary for an office that is currently being served by a person who is appointed as provided in subsection D of this section, the order of seating the candidates shall be determined by the highest number of votes.

F. For the purposes of subsection D of this section, the majority of votes cast is determined by:

1. Calculating the total number of actual votes cast for all candidates for an office whose names were lawfully on the ballot for that office.

2. Dividing the sum reached pursuant to paragraph 1 of this subsection by the number of seats to be filled for the office.

3. Dividing the number reached pursuant to paragraph 2 of this subsection by two and rounding that number to the highest whole number.

G. If more candidates receive a majority of votes cast than there are seats to be filled for the office pursuant to subsection D of this section, from among those candidates who receive a majority of votes cast, the candidates who receive the highest number of votes equal to the number of seats to be filled for the office shall be declared elected to that office.

H. If at the primary election no candidate receives the majority of the votes cast or the number of seats to be filled for the office is more than the number of candidates who receive a majority of votes cast, of the candidates who did not receive a majority of votes cast, the number of candidates who advance to the general or runoff election shall be equal in number to twice the number of seats to be filled for the office and the candidates who received the highest number of votes for the office shall be the only candidates at the general or runoff election. If more than one candidate received an equal number of votes and that number was the highest number of votes for the office, then all candidates receiving the equal number of votes shall be candidates at the general or runoff election.  The candidates equal in number to the seats to be filled for the office who receive the highest number of votes at the general or runoff election shall be declared elected to that office.  If two or more candidates receive an equal number of votes cast for the same office, and a higher number than any other candidate, the candidate who shall be declared elected shall be determined by lot in the presence of the candidates.  A write-in candidate may not advance to the general or runoff election if the write-in candidate did not receive a number of votes equivalent to at least the same number of signatures required by section 16-322 for nominating petitions for the same office.

I. In addition to subsection D of this section, any town with a population of five thousand persons or less may by majority vote of the qualified electors of the town voting on the question provide that at the primary election those candidates receiving the highest number of votes for the offices to be filled shall be declared elected to the office, and a further election may not be held if at least three-fifths of the seats are filled by persons receiving a majority of the votes cast as provided in subsection D of this section.
A.R.S. § 9-500.16 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.16
9-500.16 Clean burning fireplace ordinance
Status: in_force

9-500.16. Clean burning fireplace ordinance

A. By December 31, 1998, a city or town that is located in area A as defined in section 49-541 shall adopt, implement and enforce an ordinance that complies with the clean burning fireplace standards adopted by the metropolitan planning organization that is responsible for air quality planning in area A. The ordinance shall prohibit the installation or construction of a fireplace or wood stove unless it is one of the following:

1. A fireplace that has a permanently installed gas or electric log insert.

2. A fireplace, a wood stove or any other solid fuel burning appliance that is any of the following:

(a) Certified by the United States environmental protection agency as in compliance with 40 Code of Federal Regulations part 60, subpart AAA in effect on July 1, 1990.

(b) A wood stove tested and listed by a nationally recognized testing agency to meet performance standards equivalent to those in 40 Code of Federal Regulations part 60, subpart AAA in effect on July 1, 1990.

(c) Determined by the county air quality control officer to meet performance standards equivalent to those in 40 Code of Federal Regulations part 60, subpart AAA in effect on July 1, 1990.

3. A fireplace that has a permanently installed wood stove insert that complies with paragraph 2, subdivision (a), (b) or (c) of this section.

B. The ordinance shall prohibit the subsequent conversion or alteration of a permitted fireplace or wood stove to a nonpermitted use.

C. The ordinance may provide for exemptions from regulation for heating or industrial equipment, cooking devices and outdoor fireplaces.
A.R.S. § 9-274 — Arizona Code / Title 9 / Chapter 2 / Article 4 / Section 274
9-274 Powers of council; salaries
Status: in_force

9-274. Powers of council; salaries

A. When the change from town to city government is made, the council of the city may:

1. Appoint and remove city officers, board members and employees not expressly made elective in accordance with civil service regulations, or in absence of such regulations, as the council deems advisable.

2. Fix the salaries of officers, board members and employees, and of the mayor and councilmen.

3. Require and fix official bonds.

4. Prescribe the duties of officers, board members and employees.

5. Fill by appointment vacancies in the office of mayor or councilmen and other vacancies occurring in any other city office, board or employment.

B. In fixing salaries the city council may by ordinance or resolution prescribe a daily compensation to be paid to the mayor, councilmen and administrative board members for performance of official duties.

C. The city council may by ordinance or resolution establish or alter salaries or compensation of the mayor and councilmen.
A.R.S. § 9-1107 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1107
9-1107 Limitations on claims of land
Status: in_force

9-1107. Limitations on claims of land

A. The number of lots which one claimant may enter shall not exceed in the aggregate fourteen thousand square feet, and such additional lots not exceeding seven thousand square feet to the lot, upon which the claimant shall have substantial improvements of a value of not less than one hundred dollars.

B. When a claimant makes application to enter more than four lots, he shall specially designate the lots in the statement, particularly describe the nature and value of the improvements on each of the additional lots, and shall at the time of making the proof prove to the satisfaction of the trustee, by one or more reliable witnesses, the facts entitling him to enter the additional lots.
A.R.S. § 9-499.02 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.02
9-499.02 Standards for curb ramps
Status: in_force

9-499.02. Standards for curb ramps

A. The standard for construction of curbs on each side of any city or town street, or any connecting street or road for which curbs have been prescribed by the governing body of the city or town having jurisdiction thereover, shall be not less than two ramps per lineal block at the crosswalks at intersections. At the option of the city or town, such ramps may have a two foot exposed aggregate strip adjacent to the gutter. Such ramps shall comply with the Americans with disabilities act of 1990 (42 United States Code sections 12101 through 12213).

B. Standards set for ramps or curbs under subsection A shall not apply to any ramp or curb existing on June 12, 1975 but shall apply to all new ramp or curb construction and to all replacement ramps or curbs constructed at any point in a block which gives reasonable access to a crosswalk.
A.R.S. § 9-1304 — Arizona Code / Title 9 / Chapter 12 / Article 1 / Section 1304
9-1304 Citywide residential rental property inspection program requirements; residential rental licensing or registration prohibition
Status: in_force

9-1304. Citywide residential rental property inspection program requirements; residential rental licensing or registration prohibition

A. A city or town may adopt a citywide residential rental property inspection program only if the following occurs:

1. The city or town conducts a public hearing and adopts the rental property inspection program ordinance or resolution at a regularly held city or town council meeting that occurs at least thirty days after the public hearing.

2. The ordinance or resolution is adopted by at least a three-fourths vote of the entire council.

3. The city or town notifies all owners of residential rental properties who are then currently registered with the county assessor of the county in which the property is located.

4. The notice to owners is mailed by first class mail at least twenty days before the required public hearing.

5. A notice of the public hearing is published in a local newspaper of general circulation and posted on any official municipal website not less than two weeks before the required public hearing.

B. A city or town shall not adopt a residential rental licensing requirement for residential rental properties or property owners.

C. A city or town shall not adopt a residential rental registration requirement.  A city or town shall obtain rental registration information only from the county assessor's office for the county in which the residential rental property is located.
A.R.S. § 9-500.37 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.37
9-500.37 Improvements to private property not in corporate boundaries; prohibition
Status: in_force

9-500.37. Improvements to private property not in corporate boundaries; prohibition

A city or town may not require the owner of property that is not located in the city's or town's corporate boundaries to make an improvement as a condition of providing water or wastewater service unless the improvement has a substantial nexus to the water or wastewater service that is to be provided to the owner's property by the city or town.
A.R.S. § 9-1132 — Arizona Code / Title 9 / Chapter 10 / Article 2 / Section 1132
9-1132 Procedure to establish right of preference
Status: in_force

9-1132. Procedure to establish right of preference

A. Notwithstanding any other provision of law, a person who, together with the person's predecessors in interest, for a period of five years immediately preceding the application provided for in this article, has been in actual or constructive possession of and paid taxes on a parcel of land included within a townsite entered before February 14, 1912, may purchase the title or claim to the parcel of land that the trustee could, at the time of the application assert or convey under any other provision of law by making an application for the parcel of land to the trustee.

B. The application shall contain a detailed statement under oath as to possession of the parcel and payment of taxes on the parcel and shall be accompanied by a filing fee of $1 for the application and an additional $5 as the purchase price for each parcel of land described by the application, which shall be returned in event of final determination that the applicant is not entitled to a deed. All contiguous lots or portions of lots included in a single application shall be deemed to be one parcel of land.

C. On filing the application, the trustee shall conduct a hearing on the application and shall give notice thereof by publication in the same manner as provided in section 9-1131, and on the hearing the trustee shall take evidence on the applicant's right of preference. If the trustee finds the applicant and the applicant's predecessors in interest have held possession of the land for five years immediately before filing the application and have paid taxes on the land for a period of five years immediately before filing the application, the trustee shall execute and deliver the trustee's deed to the applicant, conveying the parcel or parcels described in the application, on the applicant paying to the trustee the applicant's proportionate share of the cost of advertising as determined by the trustee.

D. If the application is denied or if conflicting applications are filed with the trustee on or before the date of the hearing, the trustee shall proceed no further and the applicant, within ten days after denial or the date set for the hearing, may bring an action in the superior court against the trustee and any other applicant to determine the applicant's right to a deed. No parcel of land embraced in such action shall be sold until the action is determined.
A.R.S. § 9-516 — Arizona Code / Title 9 / Chapter 5 / Article 2 / Section 516
9-516 Declaration of public policy; eminent domain
Status: in_force

9-516. Declaration of public policy; eminent domain

A. It is declared as the public policy of the state that when adequate public utility service under authority of law is being rendered in an area, within or without the boundaries of a city or town, a competing service and installation shall not be authorized, instituted, made or carried on by a city or town unless or until that portion of the plant, system and business of the utility used and useful in rendering such service in the area in which the city or town seeks to serve, has been acquired.

B. The city or town which seeks to acquire the facilities of a public service corporation shall have the right to do so under eminent domain. Such action shall be brought and prosecuted in the same manner as other civil actions.

C. A city or town acquiring the facilities of a public service corporation rendering utility service without the boundaries of such city or town, or which renders utility service without its boundaries, shall not discontinue such service, once established, as long as such city or town owns or controls such utility. A city or town which renders utility service outside of its boundaries as prescribed by this subsection shall not be prohibited from selling a part of its utility operation to another utility which operates under regulations prescribed by law.

D. It is declared the public policy of the state that when a city or town has purchased the property or plant of a public utility serving in an area within or without the boundaries of the city or town pursuant to this article, the corporation commission shall not be authorized or empowered to grant a new certificate of convenience and necessity or franchise to any person, firm or corporation to provide the same kind of public utility service within the area or territory previously authorized to said public utility under its certificate of convenience and necessity or franchise, but if the city or town refuses to provide utility service to a portion or part of the area or territory previously authorized to the public utility, the corporation commission may issue a new certificate of convenience and necessity or franchise to a public utility to provide utility service in that portion or part of the area or territory.
A.R.S. § 9-500.44 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.44
9-500.44 Communications; accessibility; emergency response interpreters
Status: in_force

9-500.44. Communications; accessibility; emergency response interpreters

A. Pursuant to the Americans with disabilities act of 1990 (P.L. 101-336; 104 Stat. 327; 42 United States Code sections 12101 through 12213) and its regulations, a city or town shall take reasonable steps to ensure that its communications with persons with disabilities, including online communications and emergency communications, are equally as effective as the city's or town's communications with persons without disabilities.  The city or town shall take reasonable steps to ensure that persons with disabilities are able to communicate with, receive information from and convey information to the city or town. The city or town shall provide auxiliary aids and services when needed to communicate effectively with persons with communication disabilities.

B. A city or town shall establish a protocol to take reasonable steps to secure an interpreter who is licensed by the commission for the deaf and the hard of hearing pursuant to title 36, chapter 17.1, article 2, with preference for an interpreter who is certified through the department of emergency and military affairs' emergency response interpreter credentialing program, to interpret emergency communications that are presented live to the media for broadcast or delivered through a live online communication, including an official government statement or press conference relating to an emergency situation.

C. This section does not prevent a city or town from communicating to the public during an emergency situation if an interpreter is unavailable.
A.R.S. § 9-304 — Arizona Code / Title 9 / Chapter 3 / Article 1 / Section 304
9-304 Compensation of alderman or councilman; failure to comply; classification
Status: in_force

9-304. Compensation of alderman or councilman; failure to comply; classification

A. No mayor, alderman or councilman of any city or town shall, during the term for which he has been elected, knowingly accept, take or receive for his own use from the city or town, any money or other thing of value other than that which is provided to be paid him for his services as such.

B. A person who violates any provision of this section is guilty of a petty offense, and his office shall be forfeited.

C. The fine as provided in subsection B shall be deposited in the school fund of the county in which the city or town is located.
A.R.S. § 9-522 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 522
9-522 Power to issue bonds
Status: in_force

9-522. Power to issue bonds

A. In addition to its other powers, a municipality may:

1. Subject to the requirements and restrictions of sections 9-515 through 9-518, within or without its corporate limits, construct, improve, reconstruct, extend, operate, maintain and acquire, by gift, purchase or the exercise of the right of eminent domain, a utility undertaking or part thereof, and acquire in like manner land, rights in land or water rights in connection therewith.

2. Issue its bonds to finance the cost thereof.

3. Pledge to the punctual payment of the bonds and interest on such bonds an amount of the revenue of the utility undertaking, including improvements or extensions thereafter constructed or acquired, sufficient to pay the bonds and interest as they become due, and create and maintain reasonable reserves therefor. The amount pledged may consist of all or any part of such revenue.

4. With respect to tax secured bonds, pledge its full faith and credit to the payment of the bonds and interest on such bonds and if such pledge is made shall provide for the levy of a tax for the payment of the bonds pursuant to title 35, chapter 3, article 3.

B. The governing body of the municipality, in determining the cost of the utility undertaking for which bonds are to be issued, may include all costs and estimated costs of issuance of the bonds, all engineering, inspection, fiscal and legal expenses allowed by law and interest which it is estimated will accrue on money borrowed or which will be borrowed during the construction period and for six months thereafter.
A.R.S. § 9-517 — Arizona Code / Title 9 / Chapter 5 / Article 2 / Section 517
9-517 Exception to purchase requirement
Status: in_force

9-517. Exception to purchase requirement

When a public utility operating under an existing franchise wilfully and persistently violates any provision of the franchise, the municipal corporation shall thereby be relieved from purchasing or taking over the property or plant of the public utility.
A.R.S. § 9-500.48 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.48
9-500.48 Deceased cats and dogs; owner notification
Status: in_force

9-500.48. Deceased cats and dogs; owner notification

A city or town shall require an employee or a contractor or subcontractor that has contracted with the city or town to remove deceased cats and dogs from a public place to thoroughly scan the cat or dog for the presence of a microchip and make a reasonable effort to contact the owner before disposing of the cat or dog if the disposal will be at a landfill.
A.R.S. § 9-838 — Arizona Code / Title 9 / Chapter 7 / Article 4 / Section 838
9-838 Complaints; governing body review
Status: in_force

9-838. Complaints; governing body review

The governing body may receive complaints concerning ordinances, codes, substantive policy statements or municipality practices alleged to violate this article.  The governing body may review any ordinance, code, substantive policy statement or municipal practice alleged to violate this article and may hold hearings regarding the allegations. The governing body may recommend actions to alleviate the aspects of the ordinances, codes, substantive policy statements or municipality practices alleged to violate this article.
A.R.S. § 9-802 — Arizona Code / Title 9 / Chapter 7 / Article 1 / Section 802
9-802 Procedure for adoption by reference
Status: in_force

9-802. Procedure for adoption by reference

A municipality may enact the provisions of a code or public record theretofore in existence without setting forth the provisions, but the adopting ordinance shall be published in full. Exhibits are not required to be published as long as the words "exhibits on file at" and the location where they can be located are printed on the bottom of the adopting ordinance.  At least three paper copies or one paper copy and one electronic copy maintained in compliance with section 44-7041 of the code or public record shall be filed in the office of the clerk of the municipality and kept available for public use and inspection. A code or public record enacted by reference may be amended in the same manner.
A.R.S. § 9-523 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 523
9-523 Bond election
Status: in_force

9-523. Bond election

Questions on bond issues under this article shall be submitted to the qualified electors of the municipality. No bonds shall be issued without the assent of a majority of the qualified electors voting at an election held for that purpose as provided in this article.
A.R.S. § 9-500.12 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.12
9-500.12 Appeals of municipal actions; dedication or exaction; excessive reduction in property value; burden of proof; attorney fees
Status: in_force

9-500.12. Appeals of municipal actions; dedication or exaction; excessive reduction in property value; burden of proof; attorney fees

A. Notwithstanding any other provision of this chapter, a property owner may appeal the following actions relating to the owner's property by a city or town, or an administrative agency or official of a city or town, in the manner prescribed by this section:

1. The requirement by a city or town of a dedication or exaction as a condition of granting approval for the use, improvement or development of real property.  This section does not apply to a dedication or exaction required in a legislative act by the governing body of a city or town that does not give discretion to the administrative agency or official to determine the nature or extent of the dedication or exaction.

2. The adoption or amendment of a zoning regulation by a city or town that creates a taking of property in violation of section 9-500.13.

B. The city or town shall notify the property owner that the property owner has the right to appeal the city’s or town’s action pursuant to this section and shall provide a description of the appeal procedure. The city or town shall not request the property owner to waive the right of appeal or trial de novo at any time during the consideration of the property owner's request.

C. The appeal shall be in writing and filed with or mailed to a hearing officer designated by the city or town within thirty days after the final action is taken.  The municipality shall submit a takings impact report to the hearing officer.  No fee shall be charged for filing the appeal.

D. After receipt of an appeal, the hearing officer shall schedule a time for the appeal to be heard not later than thirty days after receipt. The property owner shall be given at least ten days' notice of the time when the appeal will be heard unless the property owner agrees to a shorter time period.

E. In all proceedings under this section the city or town has the burden to establish that there is an essential nexus between the dedication or exaction and a legitimate governmental interest and that the proposed dedication, exaction or zoning regulation is roughly proportional to the impact of the proposed use, improvement or development or, in the case of a zoning regulation, that the zoning regulation does not create a taking of property in violation of section 9-500.13.  If more than a single parcel is involved this requirement applies to the entire property.

F. The hearing officer shall decide the appeal within five working days after the appeal is heard.  If the city or town does not meet its burden under subsection E of this section, the hearing officer shall:

1. Modify or delete the requirement of the dedication or exaction appealed under subsection A, paragraph 1 of this section.

2. In the case of a zoning regulation appealed under subsection A, paragraph 2 of this section, the hearing officer shall transmit a recommendation to the governing body of the city or town.

G. If the hearing officer modifies or affirms the requirement of the dedication, exaction or zoning regulation, a property owner aggrieved by a decision of the hearing officer may file, at any time within thirty days after the hearing officer has rendered a decision, a complaint for a trial de novo in the superior court on the facts and the law regarding the issues of the condition or requirement of the dedication, exaction or zoning regulation.  In accordance with the standards for granting preliminary injunctions, the court may exercise any legal or equitable interim remedies that will permit the property owner to proceed with the use, enjoyment and development of the real property but that will not render moot any decision upholding the dedication, exaction or zoning regulation.

H. All matters presented to the superior court pursuant to this section have preference on the court calendar on the same basis as condemnation matters, and the court shall further have the authority to award reasonable attorney fees incurred in the appeal and trial pursuant to this section to the prevailing party. The court may further award damages that are deemed appropriate to compensate the property owner for direct and actual delay damages on a finding that the city or town acted in bad faith.
A.R.S. § 9-500.33 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.33
9-500.33 County island sewer connection; prohibition; state preemption
Status: in_force

9-500.33. County island sewer connection; prohibition; state preemption

Notwithstanding any other law, a city or town may not require the owner of a property located in the city's or town's municipal planning area to connect to the city's or town's sewer system if the property is located in a county island as defined in section 11-251.12 unless the department of environmental quality has determined that connection is necessary to abate an environmental nuisance as defined in title 49, chapter 1, article 3 or to eliminate a threat to a water quality standard established pursuant to title 49, chapter 2, article 2. The property rights of property owners in this state are of statewide concern. This section preempts all local laws, ordinances and charter provisions to the contrary.
A.R.S. § 9-234 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 234
9-234 Power of council to regulate proceedings; records
Status: in_force

9-234. Power of council to regulate proceedings; records

A. The common council shall judge the elections, qualifications and returns of its members. It may prescribe rules for the government of its proceedings, may punish any member or other person for disorderly conduct at any meeting of the council by a fine not exceeding twenty dollars, and by imprisonment until the payment of the fine, and with the concurrence of four councilmen may expel any member, but not a second time for the same cause.

B. The common council shall cause the clerk to keep a journal of its proceedings and a record of all ordinances adopted, and at the request of any member shall cause the ayes and nays upon any question to be taken and entered upon its journals.

C. The proceedings of the common council shall be public.
A.R.S. § 9-527 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 527
9-527 Canvass of votes
Status: in_force

9-527. Canvass of votes

A. The governing body shall canvass the returns and declare the result of the election. If it appears to the governing body that a majority of the qualified electors voting thereon assent to issuance of the bonds, the governing body shall provide for their issuance.

B. The determination of the governing body that a majority of the qualified electors voting thereon have assented to issuance of the bonds shall be conclusive in any action or proceeding involving the validity of the election or determination or declaration of the result thereof instituted after the date of delivery of and payment for the bonds.
A.R.S. § 9-972 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 972
9-972 Inapplicability of article
Status: in_force

9-972. Inapplicability of article

A. Effective from and after June 30, 1968, this article shall be amended as to all full-time paid firemen, and employees other than volunteer firemen employed after June 30, 1968, shall be covered by the public safety personnel retirement system in those cities that have established a pension system under this article before July 1, 1968, subject to the right of election provided for in section 38-854. However, those employers presently participating under sections 9-912 through 9-971 shall not come under the social security act as to their employees.

B. Notwithstanding any provision of law to the contrary, effective from and after June 30, 1968, this article shall apply only to volunteer firemen and all amounts accumulated under this article for full-time paid firemen, as determined by actuarial procedures prescribed by the board of trustees of public safety personnel retirement system, shall be transferred to the fund maintained under the public safety personnel retirement system, and accounted for by each employer. Each full-time paid fireman employed after June 30, 1968, shall be covered by the public safety personnel retirement system, which continues and amends this fund in regard to full-time paid employees.
A.R.S. § 9-461.18 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.18
9-461.18 Accessory dwelling units; regulation; applicability; definitions
Status: in_force

9-461.18. Accessory dwelling units; regulation; applicability; definitions

A. A municipality shall adopt regulations that allow on any lot or parcel where a single-family dwelling is allowed all of the following:

1. At least one attached and one detached accessory dwelling unit as a permitted use.

2. A minimum of one additional detached accessory dwelling unit as a permitted use on a lot or parcel that is one acre or more in size if at least one accessory dwelling unit on the lot or parcel is a restricted-affordable dwelling unit.

3. An accessory dwelling unit that is seventy-five percent of the gross floor area of the single-family dwelling on the same lot or parcel or one thousand square feet, whichever is less.

B. A municipality may not do any of the following:

1. Prohibit the use or advertisement of either the single-family dwelling or any accessory dwelling unit located on the same lot or parcel as separately leased long-term rental housing.

2. Require a familial, marital, employment or other preexisting relationship between the owner or occupant of a single-family dwelling and the occupant of an accessory dwelling unit located on the same lot or parcel.

3. Require that a lot or parcel have additional parking to accommodate an accessory dwelling unit or require payment of fees instead of additional parking.

4. Require that an accessory dwelling unit match the exterior design, roof pitch or finishing materials of the single-family dwelling that is located on the same lot as the accessory dwelling unit.

5. Set restrictions for accessory dwelling units that are more restrictive than those for single-family dwellings within the same zoning area with regard to height, setbacks, lot size or coverage or building frontage.

6. Set rear or side setbacks for accessory dwelling units that are more than five feet from the property line.

7. Require improvements to public streets as a condition of allowing an accessory dwelling unit, except as necessary to reconstruct or repair a public street that is disturbed as a result of the construction of the accessory dwelling unit.

8. Require a restrictive covenant concerning an accessory dwelling unit on a lot or parcel zoned for residential use by a single-family dwelling.

C. This section does not prohibit restrictive covenants concerning accessory dwelling units entered into between private parties. The municipality may not condition a permit, license or use of an accessory dwelling unit on adopting or implementing a restrictive covenant between private parties.

D. This section does not supersede applicable building codes, fire codes or public health and safety regulations, except that a municipality may not require an accessory dwelling unit to comply with a commercial building code or contain a fire sprinkler.

E. An accessory dwelling unit may not be built on top of a current or planned public utility easement unless the property owner receives written consent from any utility that is currently using the public utility easement or that may use the public utility easement in the future.

F. If a municipality fails to adopt development regulations as required by this section on or before January 1, 2025, accessory dwelling units shall be allowed on all lots or parcels zoned for residential use in the municipality without limits.

G. This section does not apply to lots or parcels that are located on:

1. Tribal land.

2. Land that is in the territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461.

3. Land that is in the territory in the vicinity of a federal aviation administration commercially licensed airport or a general aviation airport or land that is in the territory in the vicinity of a public airport as defined in section 28-8486 and that has a noise level of greater than sixty-five decibels.

H. This section applies to a municipality with a population of more than seventy-five thousand persons.

I. For the purposes of this section:

1. "Accessory dwelling unit" means a self-contained living unit that is on the same lot or parcel as a single-family dwelling of greater square footage than the accessory dwelling unit, that includes its own sleeping and sanitation facilities and that may include its own kitchen facilities.

2. "Gross floor area" means the interior habitable area of a single-family dwelling or an accessory dwelling unit.

3. "Long-term rental" means rental use in which the tenant holds a lease of ninety days or longer or on a month-by-month basis.

4. "Municipality" means a city or town that exercises zoning powers under this title.

5. "Permitted use" means the ability for a development to be approved without requiring a public hearing, variance, conditional use permit, special permit or special exception, other than a discretionary zoning action to determine that a site plan conforms with applicable zoning regulations.

6. "Restricted-affordable dwelling unit" means a dwelling unit that, either through a deed restriction or a development agreement with the municipality, is rented to households earning up to eighty percent of area median income.
A.R.S. § 9-231 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 231
9-231 Common council
Status: in_force

9-231. Common council

A. The corporate powers of a town incorporated under section 9-101 shall be vested in a common council. The first common council shall be appointed by the board of supervisors, on declaring the town incorporated, and the members shall continue in office until their successors are elected and qualified. The successors shall be elected by qualified electors residing in the town at an election held for that purpose on the third Tuesday in May following, and on the third Tuesday in May each two years thereafter, pursuant to section 16-204.

B. The common council of every town shall consist of five members if the population is fifteen hundred persons or less, or seven members if the population exceeds fifteen hundred persons at the time of incorporation. If thereafter the population of the town exceeds fifteen hundred persons as determined by the latest official United States census, the council may pass an ordinance increasing the membership to seven, with the additional two members to be elected at the first election subsequent to the passage of the ordinance.
A.R.S. § 9-957 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 957
9-957 Powers and duties of board; investments; review of decisions
Status: in_force

9-957. Powers and duties of board; investments; review of decisions

A. The board may compel witnesses to attend and testify on any matter pertaining to this article, and its president or any member may administer oaths. The board may provide for payment of its necessary expenses, except that no compensation is payable to members of the board for duties performed under this article.

B. Funds that are not immediately required for the payment of pensions or benefits under this article may be invested or reinvested, at the discretion of the board of trustees, by the county treasurer or by the board of trustees, as follows:

1. In bonds of the United States.

2. In federal housing insured mortgage bonds of the United States.

3. In federal land bank bonds.

4. Any bonds on which the payment of interest and principal is guaranteed by the United States.

5. Bonds issued by any United States government instrumentality or federal agency that qualify and are acceptable as security for public funds of the United States government.

6. General obligation bonds of this state or of the counties, incorporated cities and towns and school districts of this state.

7. Revenue bonds of the incorporated cities and towns of this state, the Arizona board of regents, the Arizona power authority or any other legally constituted state authority or agency authorized by law to issue revenue bonds, except revenue bonds for recreational purposes issued by cities and towns.

8. Bonds of agricultural improvement districts and agricultural improvement and power districts organized under the laws of this state when issued or guaranteed, with the approval of the secretary of the interior, by corporations operating a United States reclamation project within the state.

9. Bonds of incorporated cities or towns of this state issued under sections 48-595, 48-596, 48-597, 48-598, 48-599, 48-600, 48-601, 48-602, 48-603, 48-604, 48-605, 48-606, 48-607, 48-608, 48-609, 48-609.01 and 48-610.

10. First lien bonds of sanitary districts issued pursuant to title 48, chapter 14.

11. Registered warrants of the state, or registered county or school district warrants when offered as security for monies of the county or school district by which they are issued.

12. Interest-bearing savings accounts or certificates of deposit in banks doing business in this state whose accounts are insured by the federal deposit insurance corporation, but only if such deposits in excess of the insured amount are secured by the depository to the same extent and in the same manner as required by the general depository law of the state.

13. Interest-bearing savings accounts or certificates of deposit in savings and loan associations doing business in this state, whose accounts are insured by the federal savings and loan insurance corporation, but only if such deposits in excess of the insured amount are secured by the depository to the same extent and in the same manner as required by the general depository law of this state.

14. Deposits placed in accordance with the procedures prescribed in section 35-323.01.

C. All matters pertaining to the benefits granted by this article to firefighters and their dependents shall be presented to the board, and any person aggrieved by a decision of the board, at any time within thirty days after its decision, may petition for a writ of certiorari, and the court may on final hearing reverse or affirm, wholly or partly, or may modify, the decision reviewed.
A.R.S. § 9-538 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 538
9-538 Validation of prior bonds
Status: in_force

9-538. Validation of prior bonds

Bonds lawfully issued under the provisions of chapter 4, session laws of 1940, first special session, and chapter 107, session laws of 1941, regular session, are validated and confirmed.
A.R.S. § 9-500.22 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.22
9-500.22 Prosecution diversion programs
Status: in_force

9-500.22. Prosecution diversion programs

A. The chief prosecuting officer of a city or town may establish a diversion program that provides for the dismissal of a criminal complaint on successful completion of the program's requirements. Diversion shall not be available to persons accused of a crime involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

B. The prosecutor has sole discretion to decide whether to divert prosecution of an offender when the diversion occurs before a guilty plea or trial.  The diversion program may be structured to require a guilty plea before entry into the program.
A.R.S. § 9-1109 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1109
9-1109 Referral to court of conflicting claims; trial; appeal
Status: in_force

9-1109. Referral to court of conflicting claims; trial; appeal

A. When conflicting claims have been filed, the trustee shall transmit the statement of the claimant and the adverse claim, and all papers pertaining thereto, to the clerk of the superior court of the county in which the property is located, and give notice thereof to the respective claimants. The papers shall be filed by the clerk and docketed in the name of the claimant as plaintiff and the conflicting claimant as defendant, and the court shall thereupon direct pleadings to be framed setting forth the respective claims of the parties. The matter shall thereupon be tried before the court without a jury and notice of the judgment shall be given to each of the parties.

B. An appeal may be taken within twenty days after notice of the judgment. If an appeal is not taken the trustee shall execute a deed in accordance with the judgment.
A.R.S. § 9-500.50 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.50
9-500.50 Disclosure of filing; military installation or range or Arizona national guard site; definitions
Status: in_force

9-500.50. Disclosure of filing; military installation or range or Arizona national guard site; definitions

A. A city or town that contains any portion of a military installation or range or Arizona national guard site or contains any portion of the influence area of a military installation or range or Arizona national guard site, as delineated in the map prepared by the state land department pursuant to section 37-102, shall notify the office of the military installation or range or Arizona national guard site commander when an application is deemed complete by the city or town to do any of the following in any portion of the influence area:

1. Amend, modify or change a general plan or comprehensive plan land use designation.

2. Establish, amend, modify or change an area plan, character plan, master development plan or site plan.

3. Amend, modify or change the zoning designation, overlay zoning designation or the regulations related to allowed uses, structure or building heights or outdoor lighting in the applicable designations.

4. Subdivide the property or otherwise divide the property, including any land division, into five or fewer lots, regardless of the proposed development or use.

B. The city or town shall provide the notice required pursuant to subsection A of this section by providing a copy of the application and the relevant documentation that are necessary to adequately describe the proposed application pursuant to subsection A of this section. The notice shall include procedures for providing electronic or written comments, and the date comments must be received.

C. In all cases, comments from the military installation or range or Arizona national guard site shall be received by the city or town seven days before the first public hearing. If the application does not require a public hearing, comments shall be provided to the city or town within the normal review and comment timelines for such application. If comments are provided, this section does not require a public hearing for comments on applications that do not otherwise require a public hearing.

D. If the military installation or range or Arizona national guard site chooses not to submit official comments and a public hearing is required, the city or town shall note at the public hearing that the military installation or range or Arizona national guard site was notified and has not provided comment on the application.

E. This section does not require a city or town to deny any application, permit, approval or authorization based on the existence of the military installation or range or Arizona national guard site or its proximity to the parcel of real estate.

F. This section does not require a city or town to meet the notification requirements of this section if the state land department has not prepared maps of military installations or ranges or Arizona national guard sites.

G. For the purposes of this section:

1. "Influence area" means all property located within two miles of the exterior perimeter or fence line of the military installation or range or Arizona national guard site.

2. "Military installation or range or Arizona national guard site":

(a) Includes:

(i) United States naval observatory Flagstaff station.

(ii) Barry M. Goldwater range.

(iii) Yuma proving grounds.

(iv) Buckeye training site.

(v) Camp Navajo.

(vi) Florence military reservation.

(vii) Papago park military reservation.

(viii) Picacho peak stagefield.

(ix) Rittenhouse training site.

(x) Silverbell army heliport.

(b) Does not include:

(i) The Laguna army airfield.

(ii) Any military airport or ancillary military facility as defined in section 28-8461.
A.R.S. § 9-1117 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1117
9-1117 Disposal of unclaimed lots
Status: in_force

9-1117. Disposal of unclaimed lots

A. The grounds undisposed of within the townsite, the title of which remains in the trustee, may be sold at public auction when the trustee deems it advisable.  The trustee shall appoint three persons to appraise the lots the trustee desires to sell, and they shall take oath to faithfully and impartially appraise the value of the lots.

B. On making the appraisement, the trustee shall give notice of the sale by publication. At the time and place specified in the notice, the trustee shall offer the lots for sale separately to the highest bidder, but for not less than the appraised value of the lots.

C. Any person who has actually settled and made improvements to the value of not less than $100 on any lot, may make application to purchase the lot any time before sale, and accompany the person's application with the amount of the appraised value and $5 for each lot as compensation for making the deed, which shall be returned by the trustee, if it is finally determined that the party is not entitled to a deed, after first deducting any costs or fees that may be due from the party.

D. The trustee shall hear proof as to the right of preference before executing the trustee's deed. If the application is denied, the applicant may bring an action in the superior court against the trustee and any adverse claimant to determine the applicant's right to a deed under the application, and the lot shall not be sold until the action is determined.

E. The trustee shall execute a deed to the purchaser on payment of the purchase price, and $5 for each lot sold, to be retained by the trustee as the trustee's compensation. The fees for the trustee for applications for preferred right shall be $.20 per folio for filing and recording. Contests between applicants shall be transferred to the superior court for determination.

F. The proceeds of the sales shall be applied to the payment of the costs and expenses of sale and appraisal, and any surplus shall be paid as directed in this article in the case of other surplus funds in the hands of the trustee.
A.R.S. § 9-499.12 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.12
9-499.12 Municipal social workers; exemption
Status: in_force

9-499.12. Municipal social workers; exemption

A person who is employed by a municipality of this state and who in the course of that employment engages in the practice of social work but who does not treat mental or emotional disorders and who does not assess, appraise, diagnose, evaluate or treat individuals, families or groups through the use of psychotherapy is exempt from the requirements of title 32, chapter 33.
A.R.S. § 9-514 — Arizona Code / Title 9 / Chapter 5 / Article 2 / Section 514
9-514 Authority to engage in utility business
Status: in_force

9-514. Authority to engage in utility business

A. Except as provided in section 9-571, before construction, purchase, acquisition or lease by a municipal corporation, as authorized in sections 9-511, 9-511.01, 9-511.02, 9-512 and 9-513, of any plant or property or portion of plant or property devoted to the business of or services rendered by a public utility shall be undertaken, the construction, purchase, acquisition or lease shall be authorized by the affirmative vote of a majority of the qualified electors who are taxpayers of the municipal corporation voting at a general or special municipal election duly called and held for the purpose of voting on the question.

B. This section does not apply to the construction, purchase, acquisition or lease of water or sewage system utilities by a city or town incorporated pursuant to section 9-101.02.
A.R.S. § 9-500 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500
9-500 Authority for providing for tax deferred annuity and deferred compensation plans for employees
Status: in_force

9-500. Authority for providing for tax deferred annuity and deferred compensation plans for employees

A. The governing body of a city or town may provide through ordinance or resolution a plan or plans for their employees which provide tax deferred annuity and deferred compensation plans as authorized pursuant to title 26, United States Code Annotated.

B. Such plans shall be established to allow voluntary participation by all employees of a city or town.

C. Participating employees shall authorize the city or town to make reductions in their remuneration as provided in an executed deferred compensation agreement.
A.R.S. § 9-500.07 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.07
9-500.07 Recycling and waste reduction
Status: in_force

9-500.07. Recycling and waste reduction

A city or town shall provide its residents with an opportunity to engage in recycling and waste reduction.
A.R.S. § 9-836 — Arizona Code / Title 9 / Chapter 7 / Article 4 / Section 836
9-836 License application process; notice
Status: in_force

9-836. License application process; notice

A. A municipality that issues licenses shall provide the following information to an applicant at the time the applicant obtains an application for a license:

1. A list of all of the steps the applicant is required to take in order to obtain the license.

2. The applicable licensing time frames.

3. The name and telephone number of a municipal contact person who can answer questions or provide assistance throughout the application process.

4. The website address and any other information, if applicable, to allow the regulated person to use electronic communication with the municipality.

5. Notice that an applicant may receive a clarification from the municipality of its interpretation or application of a statute, ordinance, code or authorized substantive policy statement as provided in section 9-839.

B. A municipality that issues a business license shall provide notice of any model or local option in the model city tax code that will apply to an applicant at the time the applicant obtains a business license application.
A.R.S. § 9-500.42 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.42
9-500.42 Prohibition on regulation of using computational power or running node on blockchain technology; state preemption; definitions
Status: in_force

9-500.42. Prohibition on regulation of using computational power or running node on blockchain technology; state preemption; definitions

A. A city or town may not prohibit or otherwise restrict an individual from lawfully accessing or using computational power or running a node on blockchain technology in a residence.

B. The regulation of the act of lawfully accessing or using computational power or running a node on blockchain technology in a residence is of statewide concern and not subject to further regulation by a city or town.

C. For the purposes of this section:

1. "Computational power" means the use of computer hardware and software to process data, run algorithms or perform tasks requiring significant computing resources, including artificial intelligence, blockchain, scientific research and cloud computing.

2. "Running a node on blockchain technology" means providing computing power to validate or encrypt transactions in blockchain technology as defined in section 44-7061.
A.R.S. § 9-837 — Arizona Code / Title 9 / Chapter 7 / Article 4 / Section 837
9-837 Directory of documents
Status: in_force

9-837. Directory of documents

The municipality shall publish, or prominently place on the municipal website, at least annually a directory summarizing the subject matter of all currently applicable ordinances, codes and substantive policy statements.  The municipality shall keep copies of this directory and all substantive policy statements at one location. The directory, ordinances, codes, substantive policy statements and any materials incorporated by reference in the documents shall be open to public inspection at the office of the municipality or the municipal website.
A.R.S. § 9-499.07 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.07
9-499.07 Prisoner work, community restitution work and home detention program; eligibility; monitoring; procedures; continuous alcohol monitoring program; home detention for persons sentenced for driving under the influence of alcohol or drugs
Status: in_force

9-499.07. Prisoner work, community restitution work and home detention program; eligibility; monitoring; procedures; continuous alcohol monitoring program; home detention for persons sentenced for driving under the influence of alcohol or drugs

A. A city or town may establish a prisoner work, community restitution work and home detention program for eligible sentenced prisoners, which shall be treated the same as confinement in jail.  The presiding judge of the city or town municipal court shall approve the program before its implementation.

B. A prisoner is not eligible for a prisoner work, community restitution work and home detention program or a continuous alcohol monitoring program if any of the following applies:

1. The prisoner is found by the city or town to constitute a risk to either himself or other members of the community.

2. The prisoner has a past history of violent behavior.

3. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a prisoner work, community restitution work and home detention program or a continuous alcohol monitoring program.

C. For prisoners who are selected for a program established pursuant to subsection A of this section, the city or town may require electronic monitoring in the prisoner's home whenever the prisoner is not at the prisoner's regular place of employment or while the prisoner is assigned to a community work task. If electronic monitoring is required, the prisoner shall remain under the control of a home detention device that constantly monitors the prisoner's location in order to determine that the prisoner has not left the prisoner's premises.  In all other cases, the city or town shall implement a system of monitoring using telephone contact or other appropriate methods to assure compliance with the home detention requirements.  The city or town may place appropriate restrictions on prisoners in the program, including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals who are determined to be detrimental to the prisoner's successful participation in the program.

D. If a prisoner is placed on electronic monitoring pursuant to subsection C of this section, the court may order the prisoner to pay the electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring unless, after determining the inability of the prisoner to pay these fees, the city or town assesses a lesser fee. The city or town shall use the fees collected to offset operational costs of the program.

E. The city or town may require that a prisoner who is employed during the week also participate in community restitution work programs on weekends.

F. The city or town may allow prisoners to be away from home detention for special purposes, including church attendance, medical appointments or funerals.

G. Community restitution work shall include public works projects operated and supervised by the city or town or other public agencies of this state or projects sponsored and supervised by public or private community oriented organizations and agencies.

H. A city or town implementing a program established pursuant to subsection A of this section may appoint a community restitution work committee.  The committee shall recommend to the city or town appropriate community restitution work projects for home detention prisoners. Members are not eligible to receive compensation.

I. At any time the city or town may terminate a prisoner's participation in the prisoner work, community restitution work and home detention program or continuous alcohol monitoring program and require that the prisoner complete the remaining term of the prisoner's sentence in jail confinement.

J. Nothing in this section shall prohibit a city or town from entering into a joint exercise of powers agreement pursuant to section 11-952 for a prisoner work, community restitution work and home detention program.

K. If authorized by the court, a person who is sentenced pursuant to section 28-1381 or 28-1382 shall not be placed under home detention in a prisoner work, community restitution work and home detention program or continuous alcohol monitoring program except as provided in subsections L through R of this section.

L. By a majority vote of the full membership of the governing body of the municipality after a public hearing and a finding of necessity, a city or town may establish a home detention program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382. A prisoner who is placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount.  The city or town shall use the collected monies to offset operational costs of the program.

M. A city or town may establish a continuous alcohol monitoring program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382, which shall be treated the same as confinement in jail.  The presiding judge of the city or town municipal court shall approve the program before its implementation. A prisoner who is placed under a continuous alcohol monitoring program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in the program and pay thirty dollars per month while in the program, unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The city or town shall use the collected monies to offset operational costs of the program.

N. If the city or town establishes a home detention or continuous alcohol monitoring program under subsection L or M of this section, a prisoner must meet the following eligibility requirements for the program:

1. Subsection B of this section applies in determining eligibility for the program.

2. If the prisoner is sentenced under section 28-1381, subsection I, the prisoner first serves a minimum of one day in jail.

3. Notwithstanding section 28-1387, subsection C, if the prisoner is sentenced under section 28-1381, subsection K or section 28-1382, subsection D or E, the prisoner first serves a minimum of twenty per cent of the initial term of incarceration in jail before being placed under home detention or continuous alcohol monitoring.

4. If placed under home detention, the prisoner is required to comply with all of the following provisions for the duration of the prisoner's participation in the home detention program:

(a) All of the provisions of subsections C through G of this section.

(b) Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath or intoxication test in the prisoner's home or at the office of a person designated by the court to conduct these tests.

(c) Participation in an alcohol or drug program, or both.  These programs shall be accredited by the department of health services or a county probation department.

(d) Prohibition of association with any individual determined to be detrimental to the prisoner's successful participation in the program.

(e) All other provisions of the sentence imposed.

5. Any additional eligibility criteria that the city or town may impose.

O. If a city or town establishes a home detention program under subsection L of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner's home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered. The detention device shall constantly monitor the prisoner's location to ensure that the prisoner does not leave the premises.  Nothing in this subsection shall be deemed to waive the minimum jail confinement requirements under subsection N, paragraph 2 of this section.

P. The court may terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and require the prisoner to complete the remaining term of the jail sentence by jail confinement if:

1. The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection N, paragraph 4, subdivision (c) of this section or section 28-1381, subsection J or L.

2. If placed under home detention, the court finds that the prisoner left the premises without permission of the court or supervising authority during a time the prisoner is ordered to be on the premises.

Q. At any other time the court may terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and require the prisoner to complete the remaining term of the jail sentence by jail confinement.

R. The governing body of the city or town may terminate the program established under subsection L of this section by a majority vote of the full membership of the governing body.
A.R.S. § 9-600 — Arizona Code / Title 9 / Chapter 5 / Article 8 / Section 600
9-600 Antenna use; private property; applicability
Status: in_force

9-600. Antenna use; private property; applicability

A. If an antenna is installed on property within the exclusive use or control of the antenna user whether the user has a direct or indirect ownership or leasehold interest in the property, an authority may not:

1. Unreasonably delay or prevent installation, maintenance or use of the antenna.

2. Unreasonably increase the cost of installation, maintenance or use of the antenna.

3. Prevent reception of acceptable signal quality.

B. This section applies to antennas that are not larger than one meter in diameter and installed on private property and are designed to receive video programming services via broadband radio service or to receive or transmit wireless signals other than via satellite.

C. This section does not apply to antennas used to transmit signals to and or receive signals from multiple customer locations.
A.R.S. § 9-102 — Arizona Code / Title 9 / Chapter 1 / Article 1 / Section 102
9-102 Disincorporation
Status: in_force

9-102. Disincorporation

A. The supervisors of the county in which a city or town is situated shall, upon the petition of two-thirds of the qualified electors residing within the city or town within sixty days of when the petition is filed, do either of the following:

1. Disincorporate the city or town, and appoint a trustee with authority to wind up the affairs of the corporation, sell and convey its property, real and personal, pay the debts of the city or town and deposit the surplus of the proceeds of the property in the county treasury to be there disposed of for the benefit of the inhabitants of the disincorporated city or town.

2. Call for an election for the purpose of deciding for or against the disincorporation of the city or town. The election shall take place on a date prescribed by section 16-204 but not more than one hundred eighty days after the petition is filed, except that no such election shall be called within twelve months from the date of a previous election for disincorporation of the same city or town. Only qualified electors of the city or town shall vote on this question. If a majority of the qualified electors voting thereon votes for disincorporation, then the board of supervisors shall, by an order entered of record, declare the city or town disincorporated and shall proceed in the manner prescribed in paragraph 1 of this subsection.

B. If the incorporation of a city or town is rescinded or declared null and void by a court of competent jurisdiction for any reason, the superior court in the county in which that city or town is situated may appoint a trustee with authority to wind up the affairs of the corporation, sell and convey its property, real and personal, and pay the debts of the city or town. Any net proceeds remaining from the liquidation of such property shall be spent for the benefit of the inhabitants of the disincorporated city or town. An expenditure for the benefit of such inhabitants shall be determined in the following manner:

1. The superior court shall conduct a public hearing to receive the recommendations of the inhabitants for the disposition of such proceeds. The superior court shall determine the object or objects for which such proceeds shall be spent by determining in its discretion that such object or objects benefit and are in the best interests of the majority of all age groups of the inhabitants. The object or objects may include private, nonprofit organizations.

2. The superior court may appoint an advisory committee composed of the inhabitants to assist it in rendering its decision and to ensure that such object or objects are carried out and shall require the committee to provide a strict accounting of the expenditure of such monies.

3. After receiving and approving a final accounting of the expenditure of such monies, the superior court may discharge the advisory committee and trustee.

C. Indebtedness and obligations of or issued by or on behalf of such city or town shall not become indebtedness or obligations of the county, except that the county is responsible as a trustee to insure that all obligations and debts of the city or town are paid. The indebtedness and obligations of such city or town shall be paid pursuant to subsection D of this section. The city or town which is disincorporated shall continue as a political subdivision until all of the debts and obligations of the city or town are satisfied.

D. The appointed trustee shall annually estimate an amount to be levied as a tax on all taxable property in the disincorporated city or town to pay the indebtedness or obligations of the city or town. Subject to the limitation contained in subsection E of this section, on or before June 30 the appointed trustee shall certify to the board of supervisors the amount of taxes necessary to be levied for these purposes, and the board of supervisors shall levy and cause the amount to be collected as secondary taxes at the same time and in the same manner as levying and collecting general county taxes.

E. The taxes levied pursuant to subsection D of this section shall be levied until such time as the indebtedness or obligations of the city or town shall have been satisfied. The amount levied each year shall not exceed the amount levied for the tax year preceding the year in which the city or town is disincorporated.

F. In addition to the authority provided in subsection A of this section, the appointed trustee may operate the facilities of the city or town until such facilities are sold or otherwise disposed of as determined by the county board of supervisors.

G. Before obtaining any signatures on a petition required by subsection A of this section, a copy of the petition shall be filed with the clerk of the board of supervisors. The petition shall state its purpose clearly and concisely and shall be in the form and signed and verified as generally provided for initiative petitions. Petitioners have one hundred eighty days from the date of such filing to obtain the required number of signatures.

H. The county recorder shall verify the names on the petition within thirty days after the petition is completed and filed and, if valid, the board of supervisors shall proceed as prescribed in subsection A, paragraph 1 or 2 of this section. If the city or town is disincorporated pursuant to this section, the board of supervisors shall appoint the trustee pursuant to subsection A of this section within thirty days after disincorporation.
A.R.S. § 9-461.08 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.08
9-461.08 Authority, scope of specific plans
Status: in_force

9-461.08. Authority, scope of specific plans

A. The planning agency may, or if so directed by the legislative body shall, prepare specific plans based on the general plan and drafts of such regulations, programs and legislation as may in the judgment of the agency be required for the systematic execution of the general plan. The planning agency may recommend such plans and measures to the legislative body for adoption.

B. Specific plans may, in addition to recommended zoning ordinances and subdivision regulations, include:

1. Regulations determining the location of buildings and other improvements with respect to existing rights-of-way, floodplains and public facilities.

2. Regulations of the use of land, buildings and structures, the height and bulk of buildings and structures and the open spaces around buildings and structures.

3. Street and highway naming and numbering plans in order to establish the official names of streets and highways, to remove conflicts, duplication and uncertainty among such names, and to provide an orderly system for the numbering of buildings and properties.

4. A plan and regulations determining the location of infrastructure service area boundaries, consistent with the growth areas element of the general plan, beyond which the municipality may limit or prescribe conditions on publicly financed extensions of water, sewer and street improvements that are necessary to service needs generated by new development. The plan and regulations shall consider all elements of the general plan, including the circulation and public facilities elements.  For purposes of this paragraph, publicly financed does not include special taxing district financing other than municipal or county improvement district revenues or bonds.  The regulations shall also provide for:

(a) Assigning or delegating administrative functions, powers and duties to municipal officers.

(b) Establishing the procedure for the initial infrastructure service area boundaries and the methodology and procedures for adjusting the boundaries.

5. Measures required to insure the execution of the general plan.

6. Other matters which will accomplish the purposes of this article, including procedures for the administration of such regulations.
A.R.S. § 9-803 — Arizona Code / Title 9 / Chapter 7 / Article 1 / Section 803
9-803 Limitation on enactment of penalty clauses
Status: in_force

9-803. Limitation on enactment of penalty clauses

No penalty clause shall be enacted by reference thereto. A penalty clause contained in a code or public record adopted by reference shall be set forth in full in the adopting ordinance.
A.R.S. § 9-500.43 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.43
9-500.43 Prohibition on mandated provision of health insurance; state preemption
Status: in_force

9-500.43. Prohibition on mandated provision of health insurance; state preemption

A. A city or town may not require an employer to provide health insurance to the employer's employees.

B. The regulation of health insurance is of statewide concern and not subject to further regulation by a city or town.
A.R.S. § 9-254 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 254
9-254 Title to streets
Status: reserved

9-254. Title to streets

Upon filing a map or plat, the fee of the streets, alleys, avenues, highways, parks and other parcels of ground reserved therein to the use of the public vests in the town, in trust, for the uses therein expressed. If the town is not incorporated, then the fee vests in the county until the town becomes incorporated.
A.R.S. § 9-232.01 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 232.01
9-232.01 Salaries
Status: in_force

9-232.01. Salaries

The common council may by ordinance or resolution prescribe a daily compensation or salary to be paid the mayor, councilmen and administrative board members for the performance of official duties.
A.R.S. § 9-500.13 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.13
9-500.13 Compliance with court decisions
Status: in_force

9-500.13. Compliance with court decisions

A city or town or an agency or instrumentality of a city or town shall comply with the United States supreme court cases of Dolan v. City of Tigard, _____ U.S. _____ (1994), Nollan v. California Coastal Commission, 483 U.S. 825 (1987), Lucas v. South Carolina Coastal Council, _____ U.S. _____ (1992), and First English Evangelical Lutheran Church v. County of Los Angeles, 482 U.S. 304 (1987), and Arizona and federal appellate court decisions that are binding on Arizona cities and towns interpreting or applying those cases.
A.R.S. § 9-1110 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1110
9-1110 Payment of purchase price by claimants
Status: in_force

9-1110. Payment of purchase price by claimants

Each claimant or contestant shall, with his statement or contest, pay the trustee the sum of ten dollars for each lot claimed, not exceeding seven thousand square feet per lot, as the purchase price therefor. Such money shall be refunded to the claimant by the trustee if it is finally determined that the party is not entitled to a deed, after first deducting costs or fees that may be due from such party.
A.R.S. § 9-471.01 — Arizona Code / Title 9 / Chapter 4 / Article 7 / Section 471.01
9-471.01 Dates of signatures on petition; time limitation for validity of signatures
Status: in_force

9-471.01. Dates of signatures on petition; time limitation for validity of signatures

A. Each person signing a petition for the annexation of territory to a city or town shall, at the time he signs, write upon the petition the date on which he signs the petition.

B. A signature on a petition for annexation shall not be valid if the petition has not been filed or accepted for filing within two years after the date the signature was placed on the petition.
A.R.S. § 9-1141 — Arizona Code / Title 9 / Chapter 10 / Article 3 / Section 1141
9-1141 Procedure for subdivision of private lands into townsite
Status: in_force

9-1141. Procedure for subdivision of private lands into townsite

A. An owner of a tract of land desiring to plat or subdivide it into tracts of twenty acres or less for the purpose of townsites, shall first have it surveyed and platted, showing lots, blocks or subdivisions, size of each lot, name and width of each street and width of alleys, and shall dedicate the streets, public grounds and alleys to the public use, sign the dedication and acknowledge it as a conveyance of real property, and file the plat in the office of the county recorder for record.

B. No property shall be described in a conveyance or other instrument by reference to any plat of a townsite, addition or subdivision, or any lot, block or parcel contained therein, unless the plat has been executed, acknowledged and recorded, as provided in this article.
A.R.S. § 9-605 — Arizona Code / Title 9 / Chapter 6 / Article 1 / Section 605
9-605 Eligible projects
Status: in_force

9-605. Eligible projects

A. An eligible city may not spend monies from the Arizona convention center development fund for uses other than those permitted by section 9-603 and only in connection with an eligible convention center development project.

B. A project is eligible only if:

1. The voters of the eligible city have approved the project and any required financing for the project.

2. Specifically identified municipal sources have been dedicated to provide funding for at least one-half of the total project cost.

3. The total cost of the project does not exceed six hundred million dollars.

C. In the case of an eligible city described in section 9-604, paragraph 2, subdivision (b), a project is eligible under this section only if:

1. The joint legislative budget committee has conducted a financial analysis of the proposed project that indicates that the project will result in an increase in state general fund revenues greater than the amounts of distributions pursuant to section 9-602 in connection with the project.

2. The total cost of the project does not exceed sixty million dollars.
A.R.S. § 9-1104 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1104
9-1104 Notice of entry of land as townsite; statement and filing of claims to land
Status: in_force

9-1104. Notice of entry of land as townsite; statement and filing of claims to land

A. The trustee shall then cause a notice to be published in all the newspapers published in the city or town, or if no newspaper is published therein, then by posting the notice in five public places in the city or town for sixty days successively, giving notice of the entry of the land and requiring every claimant of a lot to file a statement of his claim in the office of the trustee on or before ninety days from the first publication. The statement shall be in writing, signed and sworn to by the claimant, or if absent from the county, by his agent, and shall be recorded in a book to be kept for that purpose by the trustee. It shall specify the grounds of the claim, particularly describe the lots claimed, the date and name, as near as possible, of the first actual occupant, what improvements have been made thereon, and that at the time of making the statement the lots are actually possessed and occupied by the claimant, or that the right to possession and occupation is in him, if then occupied by another.

B. The statement to the trustee shall be accompanied by a fee of twenty cents a folio for filing and recording. The claimant shall within sixty days after expiration of the time for filing claims, make proof of the facts alleged in his statement before the trustee. No proof can be made after that time, unless the claimant has appeared within that time and obtained and had entered in the records an order of continuance by the trustee.
A.R.S. § 9-405 — Arizona Code / Title 9 / Chapter 4 / Article 1 / Section 405
9-405 Sale, lease or exchange of surplus property to federal government
Status: in_force

9-405. Sale, lease or exchange of surplus property to federal government

A. Notwithstanding the provisions of section 9-402, 9-403 or 9-241, the governing body of a city or town may sell, lease or otherwise grant to the United States for governmental purposes any real property owned by it and surplus to its needs. The determination of the governing body that such property is surplus shall be final, and the property may be sold to the United States for such consideration as may be agreed upon between the governing body and officials of the federal government, including the exchange of land for land under the land exchange acts of the United States.

B. Not less than ten days prior to the actual sale, lease or other disposition of such property, the governing body of the city or town shall cause to be published in a newspaper of general circulation within the county, or, if there is no such newspaper, then by posting in three public places within the county, a notice of the intent to dispose of the property, together with a description of the property and the terms and conditions of the proposed sale, lease or other disposition thereof.

C. The sale shall be conducted without formalities, advertisement for bids or consideration of bids by other persons, but where the value of real estate proposed to be disposed of exceeds the amount of fifty thousand dollars, such sale, lease or exchange shall not be made unless first authorized by the voters of such city or town at a special election to be called and held in accordance with the provisions of section 9-403.

D. Nothing in this section shall be deemed to affect the provisions of sections 28-8411 and 28-8414.
A.R.S. § 9-499.17 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.17
9-499.17 Prohibition on municipal taxes and fees
Status: in_force

9-499.17. Prohibition on municipal taxes and fees

Except for a municipality that, before December 31, 2013, has adopted an ordinance requiring property owners to obtain fire prevention and control services and except as provided in this title and titles 35 and 42, a municipality may not levy or assess a municipality-wide tax or fee against property owners based on the size or value of the owner's real property or improvements to real property for any public service provided by the municipality.
A.R.S. § 9-821 — Arizona Code / Title 9 / Chapter 7 / Article 3 / Section 821
9-821 Law governing municipal elections
Status: in_force

9-821. Law governing municipal elections

The manner of conducting and voting at elections of a city or town, of keeping the poll lists, counting and canvassing the votes, certifying the returns, declaring the results and notifying the persons elected, contesting the election, and all acts relating to the election, shall conform to the provisions of law relating to the general election of county officers as nearly as possible, except that the returns shall be made to the clerk of the city or town, and the governing body of the city or town shall canvass the returns, declare the result and issue the certificates of the election.
A.R.S. § 9-509 — Arizona Code / Title 9 / Chapter 5 / Article 1.1 / Section 509
9-509 Municipal ownership
Status: in_force

9-509. Municipal ownership

A city or town shall not acquire an ownership interest in any commercial cable television system unless the ownership interest is acquired at not less than fair market value.
A.R.S. § 9-463 — Arizona Code / Title 9 / Chapter 4 / Article 6.2 / Section 463
9-463 Definitions
Status: in_force

9-463. Definitions

In this article, unless the context otherwise requires:

1. "Design" means street alignment, grades and widths, alignment and widths of easements and rights-of-way for drainage and sanitary sewers and the arrangement and orientation of lots.

2. "Improvement" means required installations, pursuant to this article and subdivision regulations, including grading, sewer and water utilities, streets, easements, traffic control devices as a condition to the approval and acceptance of the final plat thereof.

3. "Land splits" as used in this article means the division of improved or unimproved land whose area is two and one-half acres or less into two or three tracts or parcels of land for the purpose of sale or lease.

4. "Municipal" or "municipality" means an incorporated city or town.

5. "Planning agency" means the official body designated by local ordinance to carry out the purposes of this article and may be a planning department, a planning commission, the legislative body itself, or any combination thereof.

6. "Plat" means a map of a subdivision:

(a) "Preliminary plat" means a preliminary map, including supporting data, indicating a proposed subdivision design prepared in accordance with the provisions of this article and those of any local applicable ordinance.

(b) "Final plat" means a map of all or part of a subdivision essentially conforming to an approved preliminary plat, prepared in accordance with the provision of this article, those of any local applicable ordinance and other state statute.

(c) "Recorded plat" means a final plat bearing all of the certificates of approval required by this article, any local applicable ordinance and other state statute.

7. "Right-of-way" means any public or private right-of-way and includes any area required for public use pursuant to any general or specific plan as provided for in article 6 of this chapter.

8. "Street" means any existing or proposed street, avenue, boulevard, road, lane, parkway, place, bridge, viaduct or easement for public vehicular access or a street shown in a plat heretofore approved pursuant to law or a street in a plat duly filed and recorded in the county recorder's office. A street includes all land within the street right-of-way whether improved or unimproved, and includes such improvements as pavement, shoulders, curbs, gutters, sidewalks, parking space, bridges and viaducts.

9. "Subdivider" means a person, firm, corporation, partnership, association, syndicate, trust or other legal entity that files application and initiates proceedings for the subdivision of land in accordance with the provisions of this article, any local applicable ordinance and other state statute, except that an individual serving as agent for such legal entity is not a subdivider.

10. "Subdivision" means any land or portion thereof subject to the provisions of this article as provided in section 9-463.02.

11. "Subdivision regulations" means a municipal ordinance regulating the design and improvement of subdivisions enacted under the provisions of this article or any prior statute regulating the design and improvement of subdivisions.
A.R.S. § 9-500.53 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.53
9-500.53 Initial active management areas; landscaping requirements; prohibition; statewide concern; definitions
Status: in_force

9-500.53. Initial active management areas; landscaping requirements; prohibition; statewide concern; definitions

A. Notwithstanding any other law, a municipality that is located within an initial active management area may not adopt or enforce any code, ordinance, rule, regulation, standard, stipulation or other requirement that directly or indirectly requires any of the following in a subdivision where groundwater savings credits have been pledged to a certificate of assured water supply:

1. A minimum number of trees, except for trees included on the low-water-use and drought-tolerant plant list that is published by the department of water resources for the current management plan for the initial active management area.

2. A minimum size for trees or shrubs.

3. A minimum percentage of irrigated ground cover.

4. A minimum amount of turf.

5. An area for active open space that exceeds the greater of the following:

(a) Ten percent of the gross acres within the subdivision.

(b) What is required for retention.

6. Rights-of-way that require landscaping on more than twenty percent of the cross section.

7. Construction or maintenance of water parks or decorative water features, including lakes, ponds or lagoons, except as provided in section 45-132, subsection B, paragraph 4, subdivision (a).

B. In a subdivision where groundwater savings credits have been pledged to a certificate of assured water supply, a municipality may not:

1. Increase lot sizes or reduce lot yield once zoning is approved.

2. Increase the size of a right-of-way required as of September 26, 2025 for the purpose of additional landscape area.

C. The efficient use of water is a matter of statewide concern.

D. For the purposes of this section:

1. "Groundwater savings credit" means a groundwater savings credit as prescribed in section 45-465.05.

2. "Initial active management area" has the same meaning prescribed in section 45-402.

3. "Subdivision" has the same meaning prescribed in section 32-2101.
A.R.S. § 9-1116 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1116
9-1116 Obtaining funds to pay expenses
Status: in_force

9-1116. Obtaining funds to pay expenses

A. If the money paid to the trustee for the purchase of lots is insufficient to pay expenses, the trustee shall sell at public auction so many of the remaining lots, the title to which remains in the trustee and against which no claim or contest is pending, as is necessary to raise the amount required. The trustee shall first give such notice of the sale as the sheriff gives on the sale of real property on execution. The lots shall be sold separately, no lot shall be sold for less than $10, and the lots shall not exceed seven thousand square feet.

B. If sufficient money is not raised, the trustee shall make an assessment and levy a tax on all the lots the title to which does not remain in the trustee, according to the value of the lots and the improvements on the lots, and the assessment and tax shall be a lien on the lots so assessed until paid, and may be recovered by the trustee in a civil action.
A.R.S. § 9-500.01 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.01
9-500.01 Arson investigators; duties; powers; limitation
Status: in_force

9-500.01. Arson investigators; duties; powers; limitation

A. The governing body of a city or town may provide by ordinance that certain members of a fire department designated by such city or town are arson investigators. Such ordinance shall provide that the primary duty of arson investigators is the investigation, detection and apprehension of persons who have violated or are suspected of violating any provision of title 13, chapter 17.

B. A person appointed pursuant to the provisions of subsection A while engaged in arson investigation in this state possesses and may exercise law enforcement powers of peace officers of this state.

C. This section does not grant any powers of peace officers of this state to arson investigators other than those necessary for the investigation, detection and apprehension authority under subsection A.

D. Any individual designated as an arson investigator shall have law enforcement training under the provisions of section 41-1822.
A.R.S. § 9-801 — Arizona Code / Title 9 / Chapter 7 / Article 1 / Section 801
9-801 Definitions
Status: in_force

9-801. Definitions

In this article, unless the context otherwise requires:

1. "Code" means a published compilation of rules or regulations prepared by a technical trade association and includes any building code, electrical wiring code, health or sanitation code, fire prevention code, wildland-urban interface code, inflammable liquids code, code for slaughtering, processing and selling meat and meat products or for production, pasteurizing and sale of milk and milk products, or other code that embraces rules and regulations pertinent to a subject that is a proper subject of municipal legislation.

2. "Municipality" means a city or town organized in accordance with law, including a home rule or charter city.

3. "Public record" includes a statute, rule or regulation of the United States, this state or the municipality that is desired to be adopted by reference.

4. "Published" means printed, lithographed, multigraphed, mimeographed or otherwise reproduced, including electronic reproduction online.
A.R.S. § 9-526 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 526
9-526 Form of ballot
Status: in_force

9-526. Form of ballot

At the election the ballot shall contain the phrases "for the bonds" and "against the bonds." To the right of and opposite each phrase shall be placed a square approximately the size of squares placed opposite the names of candidates on ballots. The voter shall indicate his vote "for the bonds" or "against the bonds" by inserting the mark "x" in the square opposite such phrase. No other question, word or figure need be printed on the ballot. The ballot need not be any particular size, nor need sample ballots be printed, posted or distributed. A number of ballots, exceeding by not less than ten per cent the number of registered voters whose names appear on the precinct register of the precinct, town or city for which printed, shall be printed and furnished each polling place.
A.R.S. § 9-499.04 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.04
9-499.04 Animal control officers; appointment; authority; regulation of dogs; powers and duties
Status: in_force

9-499.04. Animal control officers; appointment; authority; regulation of dogs; powers and duties

A. Any city and town may by ordinance provide for the appointment of animal control officers who may commence an action or proceeding before a court for any violation of a state statute or local ordinance relating to rabies and animal control that occurs within the jurisdiction of the city or town.

B. An animal control officer appointed pursuant to subsection A of this section shall:

1. Be unarmed during the course of duties except that a small caliber firearm may be available to be used in controlling vicious animals or in dispatching of a wounded animal. For the purposes of this paragraph, "small caliber firearm" means a rifle or pistol utilizing a rimfire cartridge with a caliber not to exceed twenty-two hundredths of an inch and with a non-richocheting bullet or a shotgun whose bore size does not exceed forty-one hundredths of an inch.

2. Be an employee of the appointing city or town.

C. A city or town may regulate the control of dogs if the regulation is not specific to any breed.

D. Subsection B of this section does not grant other powers or benefits to animal control officers to which peace officers of this state are entitled.
A.R.S. § 9-237 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 237
9-237 Appointive officers
Status: in_force

9-237. Appointive officers

In addition to the common council, the officers of every town shall be a town clerk, town marshal, town engineer and other officers deemed necessary by the common council, who shall be appointed as provided by ordinance of the town.
A.R.S. § 9-202 — Arizona Code / Title 9 / Chapter 2 / Article 1 / Section 202
9-202 Appointive officers; compensation
Status: in_force

9-202. Appointive officers; compensation

A. The mayor and common council shall appoint a clerk who shall keep the minutes of their proceedings and the accounts of the city or town finances, and whose compensation is fixed at fifteen dollars per month.

B. The mayor and common council shall appoint one of their number as city or town treasurer to perform all the duties of the office, and he shall receive the sum of ten dollars per month in full for all services.

C. The compensation for performing the duties of chief of police, clerk and treasurer shall be in full for all services rendered either by them or by their deputies, should they appoint any. The mayor and councilmen, other than the treasurer appointed from the council, shall receive no compensation.
A.R.S. § 9-272.01 — Arizona Code / Title 9 / Chapter 2 / Article 4 / Section 272.01
9-272.01 Alternative procedure for mayor to be directly elected by electors
Status: in_force

9-272.01. Alternative procedure for mayor to be directly elected by electors

The common council may, by a majority vote of the qualified electors of the city voting thereon either at a regular or special election, provide by ordinance that the mayor shall be directly elected by the electors rather than selected by the common council.