A.R.S. § 9-532 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 532
9-532 Utility receipts and bond proceeds; handling and disposition
Status: in_force

9-532. Utility receipts and bond proceeds; handling and disposition

A. All proceeds received from sale of the bonds, all fees, rents, tolls or other charges received by the municipality from a utility undertaking financed by the bonds, and all monies received from any source in connection therewith shall be paid to the finance officer of the municipality designated by the governing body thereof for such purposes. The finance officer shall not commingle any money received under the terms of this article with any other monies, but the monies received shall be deposited in a separate bank account in the name of the municipality.

B. The governing body may by resolution provide that all deposits of such proceeds, fees, rents, tolls or other charges, and the monies received under the terms of this article shall be secured by obligations of the United States or of this state of a market value equal at all times to the amount of the deposits provided by this article, and all banks and trust companies are authorized to give such security for the deposits.
A.R.S. § 9-415 — Arizona Code / Title 9 / Chapter 4 / Article 2 / Section 415
9-415 Trustees; organization; appointment of librarian
Status: in_force

9-415. Trustees; organization; appointment of librarian

A. The trustees shall have charge of the library and all library property. They shall meet for business purposes each month, and at such other times as they shall appoint, at a place to be provided for the purpose. They may elect from their body a president and secretary, and may adopt an official seal. The secretary shall keep a full statement and account of all property, receipts and expenditures, and a record of the proceedings of the board.

B. The trustees may appoint a librarian.
A.R.S. § 9-1432 — Arizona Code / Title 9 / Chapter 13 / Article 3 / Section 1432
9-1432 Reports; confidentiality; definition
Status: in_force

9-1432. Reports; confidentiality; definition

A. A video service provider that is not an incumbent cable operator and that holds a uniform video service license with a service area within the boundaries of a local government shall prepare and submit to the local government a semiannual report that identifies the locations within the boundaries that are able to receive video service from the video service provider. This reporting requirement applies until the video service provider has constructed all of the facilities the video service provider intends to construct within the boundaries of the local government.

B. The video service provider shall file the report with the local government not later than twenty days after the last day of the second and fourth calendar quarters of each year.

C. Information contained in a report that is submitted to a local government pursuant to this section:

1. Is confidential proprietary information of the video service provider.

2. Is not a public record.

3. Must be managed so that any critical infrastructure information contained in the report is protected as provided by law.

4. May not be disclosed to any person who is not an officer or employee of the local government unless the video service provider has consented in writing to the disclosure.

D. For the purposes of this section, "critical infrastructure information" has the same meaning prescribed in section 41-1801.
A.R.S. § 9-911 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 911
9-911 Definitions
Status: in_force

9-911. Definitions

In this article, unless the context otherwise requires:

1. "Board" means the police pension board.

2. "Department" means the police department.

3. "Departmental member" means a member of the police pension board chosen from among the members of the department other than the chief of police.

4. "Fund" means the police pension fund.

5. "Governing body" means the city commission, city or town council or other governing body of the municipality.

6. "Member" or "member of the department" means a member of the police department, duly commissioned and sworn as a peace officer with all the powers and duties thereof, and includes all ranks and both sexes. Any person employed in the police department who has actually contributed to the police pension fund before the first day of January, 1964, and who is not included within this definition, shall be allowed to continue to contribute to the police pension fund and to receive the benefits conferred by this article but all other persons are excluded.
A.R.S. § 9-282 — Arizona Code / Title 9 / Chapter 2 / Article 5 / Section 282
9-282 Proposed charter; publication; election; approval by governor
Status: in_force

9-282. Proposed charter; publication; election; approval by governor

A. The board shall, within ninety days after the election, prepare and propose a charter for the city. The proposed charter shall be approved and signed in duplicate by the members of the board, or a majority of them, who shall file one copy with the chief executive officer of the city and the other with the county recorder of the county in which the city is located.

B. The proposed charter shall then be published in one or more newspapers of general circulation published within the city for at least twenty-one days if in a daily paper, or in three consecutive issues if in a weekly paper, and the first publication shall be made within twenty days after completion of the proposed charter.

C. The proposed charter shall be submitted within thirty days and not earlier than twenty days after the publication to the vote of the qualified electors of the city at a general or special election. If a majority of the electors voting thereon ratify the proposed charter, it shall be submitted to the governor for his approval, who shall approve it if not in conflict with the constitution or the laws of the state.
A.R.S. § 9-810 — Arizona Code / Title 9 / Chapter 7 / Article 1 / Section 810
9-810 State preemption; utilities; restrictions; prohibition; limitation; definition
Status: in_force

9-810. State preemption; utilities; restrictions; prohibition; limitation; definition

A. The regulation of a utility provider's authority to operate and serve customers is a matter of statewide concern. A person's or entity's ability to use the services of a utility provider that is capable and authorized to provide utility service is not subject to further regulation by a municipality pursuant to this section.

B. Any code, ordinance, land use regulation or general or specific plan provision or part of a code, ordinance, land use regulation or general or specific plan provision adopted by a municipality may not prohibit or have the effect of restricting a person's or entity's ability to use the services of a utility provider that is capable and authorized to provide utility service at a person's or entity's property.

C. A municipality may not impose a fine, penalty or other requirement that has the effect of restricting a utility provider's authority to operate or serve customers.

D. This section does not affect any authority of a municipality to manage the public highways within the municipality's boundaries or to exercise the municipality's police powers to review and approve an application before issuing a permit to perform work in the public highways or to enforce associated permit conditions.

E. This section does not affect any authority of a municipality to manage or operate a municipally owned utility.

F. For the purposes of this section, "utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user.
A.R.S. § 9-513 — Arizona Code / Title 9 / Chapter 5 / Article 2 / Section 513
9-513 Lease of privately owned utility
Status: in_force

9-513. Lease of privately owned utility

A. When it is impracticable to issue bonds as provided by section 9-512 for an improvement or enterprise deemed necessary for the public welfare, the municipal corporation may lease at a stipulated rental a public improvement or utility.

B. The rental contract shall reserve to the municipal corporation the option to purchase the improvement or utility in the future.
A.R.S. § 9-824 — Arizona Code / Title 9 / Chapter 7 / Article 3 / Section 824
9-824 Registration for elections
Status: in_force

9-824. Registration for elections

In elections where the question of issuing bonds of the municipal corporation is submitted to the qualified electors, the governing body by resolution may require a registration of all persons to vote at the elections, who possess such qualifications. The resolution shall be passed at least thirty days prior to holding the election, and the registration shall begin at least thirty days before and close ten days prior to holding the election.
A.R.S. § 9-1113 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1113
9-1113 Execution of deed to cemetery association
Status: in_force

9-1113. Execution of deed to cemetery association

The trustee may deed to a cemetery association, organized as provided by law for the incorporation of nonprofit corporations, an amount of land, not exceeding two blocks, as may be necessary for the purposes of the association. The deed shall be executed upon petition of the officers of the cemetery association. The petition shall describe the land, and be accompanied by proof satisfactory to the trustee that it has been and is being used for cemetery purposes, that no discrimination is practiced in granting permits for burial therein and that there is no conflicting claim to the land.
A.R.S. § 9-461.20 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.20
9-461.20 Municipal housing; standard preapproved housing design plans; indemnification; definition
Status: in_force

9-461.20. Municipal housing; standard preapproved housing design plans; indemnification; definition

A. A municipality shall establish standard preapproved housing design plans or a preapproved housing design plan program. The standard preapproved housing design plans developed by the municipality shall include at least three different elevation options for each class of standard preapproved housing design plan. The standard preapproved housing design plan classes are:

1. Class 1. Beginning July 1, 2026, in areas zoned as single-family residential, the municipality shall create at least three standard preapproved housing design plans for single-family homes, which must range in size from eight hundred square feet to two thousand square feet per single-family home, or three single-family home sizes beginning with the minimum single-family home size allowed by the municipality.

2. Class 2. Beginning January 1, 2027, in areas zoned as single-family residential that allow for the development of duplexes, the municipality shall create at least three standard preapproved housing design plans for duplex homes, which must range from four hundred square feet to one thousand square feet per duplex unit.

3. Class 3. Beginning January 1, 2027, in areas zoned as single-family residential that allow for the development of triplexes, the municipality shall create at least three standard preapproved housing design plans for triplex homes, which must range in size from four hundred square feet to one thousand square feet per triplex unit.

4. Class 4. Beginning July 1, 2026, in areas zoned as single-family residential that allow for the development of accessory dwelling units, the municipality shall create at least three standard preapproved housing design plans for accessory dwelling units. The three standard preapproved housing design plans for accessory dwelling units shall be one of the following sizes:

(a) Two hundred square feet.

(b) Six hundred square feet.

(c) One thousand square feet.

B. A preapproved housing design plan program established pursuant to subsection A of this section shall comply with all of the following:

1. A municipality shall accept plan submissions for the preapproved housing design plan program for class 1, class 2, class 3 and class 4 plans prescribed by subsection A of this section.

2. A municipality may not restrict who may submit a preapproved housing design plan pursuant to the preapproved housing design plan program.

3. A municipality shall approve or deny a preapproved housing design pursuant to the preapproved housing design plan program pursuant to section 9-500.49.

4. A municipality may charge an applicant who submits a preapproved housing design plan pursuant to the preapproved housing design plan program the same fees that the municipality would charge an applicant who has submitted a request for approval for the same sized class 1, class 2, class 3 and class 4 plans approved pursuant to subsection A of this section.

5. A municipality shall post plans that are preapproved pursuant to the preapproved housing design plan program on the municipality's official website. Posting by the municipality of a preapproved housing design plan pursuant to the preapproved housing design plan program does not constitute an endorsement by the municipality of the applicant or the applicant's application for a preapproved housing design plan pursuant to the preapproved housing design plan program.

6. A municipality shall post the contact information of the applicant of preapproved housing design plans submitted pursuant to the preapproved housing design plan program. The municipality is not responsible for the accuracy of the applicant's posted contact information.

7. A municipality shall remove a preapproved housing design plan submitted pursuant to the preapproved housing design plan program from the municipality's official website within thirty days after receiving a request from the applicant to remove the preapproved housing design plan.

8. A municipality may include the following class 1, class 2, class 3 and class 4 preapproved housing design plans in the preapproved housing design plan program:

(a) Plans that are developed and approved pursuant to subsection A of this section.

(b) Plans that have been developed and preapproved by other municipalities or agencies in this state.

9. A municipality shall administratively approve or deny an application for a class 1, class 2, class 3 or class 4 preapproved housing design plan submitted pursuant to the preapproved housing design plan program without discretionary review.

C. Notwithstanding any other law, a municipality may require a person or entity to release and indemnify the municipality and the municipality's employees and contractors as a condition of using a standard preapproved housing design plan.

D. For the purposes of this section, "accessory dwelling unit" has the same meaning prescribed in section 9-461.18.
A.R.S. § 9-499.09 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.09
9-499.09 Indigent defendants; appointment of counsel; fee
Status: in_force

9-499.09. Indigent defendants; appointment of counsel; fee

A. The municipal court shall appoint legal counsel to represent indigent defendants pursuant to the Arizona rules of criminal procedure. In addition to court appointed attorney reimbursement costs, the court may order an indigent administrative assessment fee in an amount not to exceed twenty-five dollars.

B. Administrative assessment fees collected pursuant to subsection A shall be paid into the general fund of the city or town where the municipal court is located and used to defray the costs of court appointed counsel.
A.R.S. § 9-624 — Arizona Code / Title 9 / Chapter 6 / Article 2 / Section 624
9-624 Request for state lease purchase
Status: in_force

9-624. Request for state lease purchase

A. The chief financial officer may file a notice with the director of the department of administration requesting this state to undertake lease purchase financing in connection with an eligible project pursuant to section 41-791.04. The notice shall include a detailed description of the part of the eligible project that the state is requested to lease purchase.

B. The department of administration shall promptly respond to the proposal in the manner prescribed by section 41-791.04.

C. If a notice is filed and the lease purchase financing is completed pursuant to this section, no distributions shall be made by the state treasurer pursuant to section 9-602 to the eligible city for the eligible project.
A.R.S. § 9-104 — Arizona Code / Title 9 / Chapter 1 / Article 1 / Section 104
9-104 County services for newly incorporated city or town
Status: in_force

9-104. County services for newly incorporated city or town

A. When county territory is included within the boundaries of a newly incorporated city or town, all codes, rules and regulations made, established, adopted or enacted by such county, relating to zoning, building, plumbing, mechanical, electrical and health and sanitation shall apply within such newly incorporated city or town and shall be enforced by county officers from and after the date of such incorporation until July 1 next following such incorporation or until such time prior to the expiration of such fiscal year as the governing body of such city or town, by resolution or conflicting ordinance, supersedes such county code, rules or regulations.

B. All county services previously provided within such territory, including, but not limited to, law enforcement, public safety, maintenance of streets and public improvements, drainage, sewers and sewage disposal shall be continued through county officers and at county expense during the period from and after the date of such incorporation until July 1 next following such incorporation or until such time prior to the end of such fiscal year as the governing body of such city or town, by resolution or conflicting ordinances, provides such services.

C. The provisions of this section shall also apply to cities and towns incorporated under article 3 of this chapter.
A.R.S. § 9-956 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 956
9-956 Annual audit; report of secretary; sanction
Status: in_force

9-956. Annual audit; report of secretary; sanction

A. The board shall cause an annual audit and report of the fire fighters' relief and pension fund.

B. The secretary shall report, using a form approved by the office of the state fire marshal, annually on or before January 1 to the board the condition of the fire fighters' relief and pension fund and the receipts and disbursements, with a complete list of the fund's beneficiaries and the amounts paid.

C. The board shall send a copy of the annual audit and report of the fire fighters' relief and pension fund to the office of the state fire marshal.

D. If the annual pension fund report is not received by March 31 by the office of the state fire marshal, the participating incorporated city or town or fire district is not eligible to receive its share of fire insurance premium tax monies under section 9-952.
A.R.S. § 9-931 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 931
9-931 Exemption of pensions from process; prohibition on assignments; exception
Status: in_force

9-931. Exemption of pensions from process; prohibition on assignments; exception

A. No pension allowed under this article shall be subject to garnishment, attachment, judgment, execution or other legal process. No person entitled to a pension shall have the right to assign it, nor shall the board recognize an attempted assignment of the pension or pay over any sum which has been assigned or attempted to be assigned.

B. Nothing in this section exempts property from court orders which are the result of a judgment for arrearages of child support or for a child support debt.
A.R.S. § 9-593 — Arizona Code / Title 9 / Chapter 5 / Article 8 / Section 593
9-593 Applicability; collocation of small wireless facilities; permits; application; fee
Status: in_force

9-593. Applicability; collocation of small wireless facilities; permits; application; fee

A. This section applies to the activities of a wireless provider within a right-of-way.

B. Except as provided in this section and sections 9-592, 9-594, 9-595, 9-597, 9-598 and 9-599, as applicable, an authority may not prohibit, regulate or charge for the collocation of small wireless facilities.

C. Subject to this section and section 9-592, subsection J, a small wireless facility is classified as a permitted use and is not subject to zoning review or approval if the small wireless facility is collocated in a right-of-way in any zone.

D. An authority may require an applicant to obtain one or more permits to collocate a small wireless facility if the permit requirement is of general applicability and does not apply exclusively to wireless facilities. An applicant seeking to collocate multiple small wireless facilities within the jurisdiction of a single authority may file a consolidated application for the collocation of up to twenty-five small wireless facilities if the collocations each involve substantially the same type of small wireless facilities and substantially the same type of structure.

E. An application must include an attestation that the small wireless facilities will be collocated on the utility pole or wireless support structure and that the small wireless facilities will be operational for use by a wireless services provider to provide service within one hundred eighty days after the permit issuance date, unless the authority and the wireless provider agree to extend this period or a delay is caused by a lack of commercial power at the site.

F. An authority:

1. Shall accept applications for, process and issue permits to collocate small wireless facilities.

2. Within twenty days after receiving an application, shall determine and notify the applicant whether the application is complete.  If an applicant is not notified within the twenty-day period, the application is deemed complete. If an application is incomplete, the authority must specifically identify the information missing from the application.

3. Shall process each application on a nondiscriminatory basis. A complete application is deemed approved if the authority fails to approve or deny the application within seventy-five days after receiving a complete application.

4. Shall approve an application unless the application does not meet the applicable codes, local code provisions or regulations that concern public safety, objective design standards for decorative utility poles or reasonable stealth and concealment requirements or public safety and reasonable spacing requirements concerning the location of ground-mounted equipment in a right-of-way.  If an authority determines that applicable codes or local code provisions or regulations require that the utility pole or wireless support structure be replaced before the requested collocation, approval may be conditioned on such replacement of the utility pole or wireless support structure. The wireless provider's request for a replacement utility pole or wireless support structure will be processed pursuant to section 9-592.

5. If an application is denied, shall document the basis for the denial, including the specific code provisions, regulations or requirements on which the denial was based, and send the documentation to the applicant on or before the date that the application is denied. The applicant may cure the deficiencies identified by the authority and resubmit the application within thirty days after the denial without paying an additional application fee. The authority shall approve or deny the revised application within thirty days after receiving the revised application.  Any subsequent review is limited to the deficiencies cited in the denial.

6. If an application includes multiple small wireless facilities, may remove small wireless facility collocations from the application and treat separately small wireless facility collocations for which incomplete information has been provided or that do not qualify for consolidated treatment or that are denied.  The authority may issue separate permits for each collocation that is approved in a consolidated application.

G. An authority may not:

1. Directly or indirectly require an applicant to perform services that are unrelated to the collocation for which approval is sought, such as in-kind contributions to the authority, including reserving fiber, conduit or pole space on the wireless provider's monopole or utility pole for the authority.

2. Require an applicant to provide more information to obtain a permit than the authority requires of a communications service provider that is not a wireless provider and that requests to attach facilities to a structure. An authority may require the applicant to certify that the small wireless facilities to be collocated comply with the federal communications commission's regulations concerning radio frequency emissions referenced in 47 United States Code section 332(c)(7)(B)(iv).

3. Institute, either expressly or de facto, a moratorium on filing, receiving or processing applications or issuing permits or other approvals, if any, for the collocation of a small wireless facility.

4. Require an application for routine maintenance or the replacement of small wireless facilities with small wireless facilities that are substantially similar or the same size or smaller. An authority may require a permit to work within a right-of-way for such activities, if applicable.  A permit issued pursuant to this paragraph is subject to the requirements of this section.

H. Collocation for which a permit is granted shall be completed within one hundred eighty days after the permit issuance date, unless the authority and the wireless provider agree to extend this period or a delay is caused by the lack of commercial power at the site.

I. Approval of an application by an authority allows the applicant to do both of the following:

1. Collocate the small wireless facilities.

2. Subject to applicable relocation requirements, the wireless provider's right to terminate at any time and the authority's terms described in section 9-592, operate and maintain the small wireless facilities for a period of not less than ten years, which must be renewed for equivalent durations unless the authority makes a finding that the small wireless facilities do not comply with the applicable codes or local code provisions or regulations described in subsection F, paragraph 4 of this section.

J. An authority may charge an application fee that is limited to the actual, direct and reasonable costs that are incurred by the authority and that relate to the granting or processing of an application. An application fee shall be reasonably related in time to the incurring of such costs. If such costs are already recovered by existing fees, rates or taxes that are paid by a wireless provider, an authority may not charge an application fee to recover such costs. An application fee may not include:

1. Third-party travel expenses that are incurred to review an application.

2. The direct payment or reimbursement of third-party rates or fees that are charged on a contingency basis or pursuant to a result-based arrangement.

K. The total application fee, if allowed, may not exceed one hundred dollars each for up to five small wireless facilities addressed in an application and fifty dollars for each additional small wireless facility addressed in the application.

L. This article does not allow a person to collocate small wireless facilities on a privately owned utility pole, a privately owned wireless support structure or private property without the consent of the property owner.
A.R.S. § 9-467 — Arizona Code / Title 9 / Chapter 4 / Article 6.4 / Section 467
9-467 Building permits; issuance; distribution of copies; state preemption; utilities; subsequent owner; limitation; definitions
Status: in_force

9-467. Building permits; issuance; distribution of copies; state preemption; utilities; subsequent owner; limitation; definitions

A. Any municipality requiring the issuance of a building permit shall transmit one copy of the permit to the county assessor and one copy to the director of the department of revenue.  Permit copies shall provide the permit number, issue date and parcel number. On the issuance of the certificate of occupancy or the certificate of completion or on the expiration or cancellation of the permit, the assessor and the department of revenue shall be notified in writing or in electronic format of the permit number, parcel number, issue date and completion date.

B. The regulation of a utility provider's authority to operate and serve customers is a matter of statewide concern. The regulation of building permits as it relates to a building permit applicant's ability to use a utility provider that is capable and authorized to provide utility service is allowed solely in accordance with subsections C and D of this section.  A building permit applicant's ability to use a utility provider that is capable and authorized to provide utility service is not subject to further regulation by a municipality.

C. A municipality requiring the issuance of a building permit may not deny a permit application based on the utility provider proposed to provide utility service to the project.

D. A municipality issuing a building permit shall ensure that all applicable permits and associated fees assessed on a building permit applicant contain requirements and amounts that do not exceed the requirements and amounts for use of other utility providers and do not have the effect of restricting a permit applicant's ability to use the services of a utility provider that is capable and authorized to provide utility service.

E. A municipality may not require an applicant for a building permit to hold a transaction privilege tax license or business license as a condition for issuing the building permit.  A city or town may require a person that has been issued a building permit and that does not otherwise hold a business license from the municipality to apply for a business license within thirty days after issuing the building permit.

F. If a person has constructed a building or an addition to a building without obtaining a building permit, a municipality shall not require a subsequent owner to obtain a permit for the construction or addition done by the prior owner before issuing a permit for a building addition except that this section does not prohibit enforcing an applicable ordinance or code provision that affects the public health or safety.

G. This section does not prohibit a municipality from recovering reasonable costs associated with reviewing and issuing a building permit.

H. This section does not affect any authority of a municipality to manage or operate a municipally owned utility.

I. For the purposes of this section:

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

2. "Utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user.
A.R.S. § 9-500.30 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.30
9-500.30 Federal monies; prohibition; union labor preference
Status: in_force

9-500.30. Federal monies; prohibition; union labor preference

A city or town is prohibited from accepting federal monies for a construction project if as a condition of accepting the federal monies the city or town is required to give a preference to union labor.
A.R.S. § 9-500.28 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.28
9-500.28 Disclosure of filings; military electronics range; definition
Status: in_force

9-500.28. Disclosure of filings; military electronics range; definition

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

1. Rezone the property.

2. Issue a building or other development permit, including an application for construction or installation of a publicly or privately operated utility, for the property.

3. Subdivide the property or otherwise divide the property, including any land division into five or fewer lots, whether for residential, industrial, commercial or any other use.

B. If the installation chooses to make official comments on the proposed land use change, those comments shall be made in writing and received by the city or town seven days before the first public hearing on the proposed land use change.  If the proposed land use change described in subsection A of this section does not require a public hearing, this subsection shall not be construed to allow or require a public hearing by the city or town on written comments by the installation.  If the installation chooses not to submit official comments, and if there is a hearing, the city or town shall note at the public hearing on the proposed land use change that the installation has not indicated an objection to the proposed land use change.

C. The city or town shall provide notice to the office of the installation commander pursuant to this section by providing a copy of the application and the relevant documentation that is necessary to adequately describe the proposed land use change as it relates to the military operations at the installation.  This documentation shall include a basic outline of the procedures the city or town uses when processing land use change applications and deadlines for submitting official comments.

D. This section shall not be construed to allow or require a city or town to deny any use or occupancy permit, building permit, zoning approval or any other permit, approval or other authorization based on the existence of the military electronics range or its proximity to a parcel of real estate.

E. This section shall not be construed to require a city or town to meet the notification requirements of this section if the state land department has not prepared a map of the military electronics range.

F. For the purposes of this section, "military electronics range" means the geographically defined area in which electronic communication, monitoring or other devices are routinely tested as a part of the military mission of a military installation.
A.R.S. § 9-239 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 239
9-239 Council powers relating to appointive officers
Status: in_force

9-239. Council powers relating to appointive officers

A. The common council may prescribe the duties and compensation of all officers of the town, and provide, by ordinance, the manner of filling vacancies in such offices. The council may appoint, from time to time, officers and agents of the town whose appointment is not provided for in this article, and remove them.

B. The common council may require all officers to give bond for the due discharge of their duties in such sums and with such security as it may direct and approve, and for default of giving security, may declare an office vacant.

C. The common council may provide severance pay for town officers by ordinance or by contract with an individual officer.
A.R.S. § 9-471.04 — Arizona Code / Title 9 / Chapter 4 / Article 7 / Section 471.04
9-471.04 Annexation of territory partially or completely surrounded by city or town; definition
Status: in_force

9-471.04. Annexation of territory partially or completely surrounded by city or town; definition

A. Notwithstanding any other provision of this article:

1. A city or town located in a county with a population of more than three hundred fifty thousand persons may annex any territory within an area that is surrounded by the city or town or that is bordered by the city or town on at least three sides if the landowner has submitted a request to the federal government to take ownership of the territory or hold the territory in trust.

2. The annexation of territory pursuant to this section is valid if approved by a majority vote of the governing body of the city or town.  The annexation becomes immediately operative if it is approved by at least two-thirds of the governing body of the city or town.

B. For the purposes of this section, "submitted a request to the federal government" means the landowner has made an application to the federal government as required by a specific federal statute or regulation.
A.R.S. § 9-273 — Arizona Code / Title 9 / Chapter 2 / Article 4 / Section 273
9-273 District system as alternative organization
Status: in_force

9-273. District system as alternative organization

A. Upon the change from town to city government, the city, by a majority vote of the qualified electors, may elect to be governed by a district system of municipal government, and in accordance with the election the common council by a majority vote shall adopt such resolution or ordinance, dividing the city into districts, not exceeding six in number, and the councilmen shall thereafter be elected from districts by the residents of the district.

B. There shall be elected a mayor of such city, who shall be the chief executive officer of the city.
A.R.S. § 9-419 — Arizona Code / Title 9 / Chapter 4 / Article 2 / Section 419
9-419 Regulation of library use; use of land for library
Status: in_force

9-419. Regulation of library use; use of land for library

A. A city or town in which a public library is established may pass ordinances for the protection of the library and library property, and imposing penalties for punishment of persons committing injury to the library or its property or books, or for failure to return a book or other library property.

B. The city or town may grant, donate or authorize the use of land belonging to the city or town, or dedicated to public use therein, for the purpose of erecting and maintaining a building to be used only for a public library and reading room.
A.R.S. § 9-500.35 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.35
9-500.35 Garbage collection services; payment responsibility
Status: in_force

9-500.35. Garbage collection services; payment responsibility

For residential property of four or fewer units, a garbage collection service provider that operates within a city or town may not require payment of garbage collection service rates and charges by anyone other than the person who has contracted with the garbage collection service provider to provide the service, who physically resides or resided at the property and who receives or received the service. The property owner, an immediate family member of the person who does not reside at the property or any other entity, at their sole discretion, may establish service in their name with the garbage collection service provider and is responsible for payment.
A.R.S. § 9-1412 — Arizona Code / Title 9 / Chapter 13 / Article 2 / Section 1412
9-1412 Incumbent cable operator; election on local license; procedure to obtain uniform video service license and terminate local license
Status: in_force

9-1412. Incumbent cable operator; election on local license; procedure to obtain uniform video service license and terminate local license

A. From and after December 31, 2019, an incumbent cable operator may elect to do either of the following:

1. Continue to operate within a service area as defined in the local license pursuant to section 9-1413.

2. Terminate the incumbent cable operator's local license for a service area by applying for and obtaining a uniform video service license pursuant to this article.

B. On or before July 1, 2020, to elect to terminate a local license under subsection A of this section in the same manner as any other video service provider, an incumbent cable operator shall apply for a uniform video service license that includes only the service area that is defined in the local license. If an incumbent cable operator obtains a uniform video service license for the service area, both of the following apply:

1. The applicant's local license is terminated as to the service area by operation of law from and after the date the local government issues the uniform video service license.

2. The incumbent cable operator shall operate within the service area defined in the local license unless the incumbent cable operator elects under section 9-1414, subsection C to apply for a uniform video service license for a service area that consists of the boundaries of the local government.
A.R.S. § 9-462.05 — Arizona Code / Title 9 / Chapter 4 / Article 6.1 / Section 462.05
9-462.05 Enforcement
Status: in_force

9-462.05. Enforcement

A. The legislative body of a municipality has authority to enforce any zoning ordinance enacted pursuant to this article in the same manner as other municipal ordinances are enforced.

B. If any building structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of the provisions of this article or of any ordinance adopted pursuant to the provisions of this article, the legislative body of the municipality may institute any appropriate action to:

1. Prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use.

2. Restrain, correct or abate the violation.

3. Prevent the occupancy of such building, structure or land.

4. Prevent any illegal act, conduct, business or use in or about such premises.

C. By ordinance, the legislative body shall establish the office of zoning administrator. The zoning administrator is charged with responsibility for enforcement of the zoning ordinance.

D. By ordinance, the legislative body shall establish all necessary and appropriate rules and procedures governing application for zoning amendment, review and approval of plans, issuance of any necessary permits or compliance certificates, inspection of buildings, structures and lands and any other actions which may be considered necessary or desirable for enforcement of the zoning ordinance.
A.R.S. § 9-623 — Arizona Code / Title 9 / Chapter 6 / Article 2 / Section 623
9-623 Certification of satisfaction of annual obligations
Status: in_force

9-623. Certification of satisfaction of annual obligations

A. In any year that a scheduled payment is due as stated in the certification of completion of construction from monies in the special fund established by the eligible city for receipt of distributions from the Arizona convention center development fund, on receiving distributions from the Arizona convention center development fund, the chief financial officer shall deposit into the appropriate account a sufficient amount from those distributions to make any scheduled payments or deposits for the current fiscal year.

B. The chief financial officer shall certify to the state treasurer the satisfaction of the annual obligations on depositing into the appropriate funds or accounts sufficient monies to make any scheduled payments or deposits for the current fiscal year.
A.R.S. § 9-491.01 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 491.01
9-491.01 Additional business license; real estate broker or salesperson; prohibition
Status: in_force

9-491.01. Additional business license; real estate broker or salesperson; prohibition

A city or town may not require a person to obtain an additional business license to do business within that city or town if the person is a real estate broker or salesperson licensed pursuant to title 32, chapter 20, article 2 and licensed to do business in the city or town in which the person's primary place of business is located.
A.R.S. § 9-834 — Arizona Code / Title 9 / Chapter 7 / Article 4 / Section 834
9-834 Prohibited acts by municipalities and employees; enforcement; notice
Status: in_force

9-834. Prohibited acts by municipalities and employees; enforcement; notice

A. A municipality shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule, ordinance or code.  A general grant of authority does not constitute a basis for imposing a licensing requirement or condition unless the authority specifically authorizes the requirement or condition.

B. Unless specifically authorized, a municipality shall avoid duplication of other laws that do not enhance regulatory clarity and shall avoid dual permitting to the maximum extent practicable.

C. This section does not prohibit municipal flexibility to issue licenses or adopt ordinances or codes.

D. A municipality shall not request or initiate discussions with a person about waiving that person's rights.

E. This section may be enforced in a private civil action and relief may be awarded against a municipality. The court may award reasonable attorney fees, damages and all fees associated with the license application to a party that prevails in an action against a municipality for a violation of this section.

F. A municipal employee may not intentionally or knowingly violate this section. A violation of this section is cause for disciplinary action or dismissal pursuant to the municipality's adopted personnel policy.

G. This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02.

H. A municipality shall prominently print the provisions of subsections A, B, C, D, E, F and G of this section on all license applications.

I. The licensing application may be in either print or electronic format.
A.R.S. § 9-934 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 934
9-934 Inapplicability of article
Status: in_force

9-934. Inapplicability of article

A. Effective from and after June 30, 1968, this article shall be amended, and employees employed after June 30, 1968, shall be covered by the provisions of the public safety retirement personnel system in those cities which have established a pension system under the provisions of this article prior to the effective date of this section, subject to the right of election provided for in section 38-854.

B. All funds accumulated and all liabilities for benefits created by authority of title 9, chapter 8, article 2, sections 9-911 to 9-934, inclusive, through June 30, 1968, shall be transferred to the fund maintained under the public safety personnel retirement system on July 1, 1968, and accounted for by each employer. Each employee employed after June 30, 1968, shall be covered by the provisions of the public safety personnel retirement system which continues and amends this section.
A.R.S. § 9-301 — Arizona Code / Title 9 / Chapter 3 / Article 1 / Section 301
9-301 Terms of office
Status: in_force

9-301. Terms of office

In incorporated cities and towns which elect a mayor, other than those specifically provided for, councilmen and other officers shall hold their respective offices for two years.
A.R.S. § 9-247 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 247
9-247 Claims, warrants, substitute checks and vouchers
Status: in_force

9-247. Claims, warrants, substitute checks and vouchers

When a town organized under this article is indebted on an account, the official having power to audit and allow claims against the town shall draw a warrant, substitute check or voucher upon the treasurer for the amount due. The official shall not draw more than one warrant, substitute check or voucher for the amount allowed.
A.R.S. § 9-963 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 963
9-963 Grant of temporary relief by board; procedures for immediate pension relief
Status: in_force

9-963. Grant of temporary relief by board; procedures for immediate pension relief

A. The board of trustees may grant temporary relief and assistance from the fund to any qualified member of a legally organized volunteer fire district or department, or to such member's surviving spouse or surviving dependents.

B. The president, secretary and board shall provide procedures to expedite regular pension payments for immediate distribution to a qualified surviving spouse or dependents of a member who dies as a result of or in the performance of his duties as a fire fighter.
A.R.S. § 9-967.01 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 967.01
9-967.01 Paid fire fighters who are also volunteers; eligibility for pension benefits
Status: in_force

9-967.01. Paid fire fighters who are also volunteers; eligibility for pension benefits

Any person who is a paid member of a fire department and an active member of the public safety personnel retirement system is not eligible to receive pension benefits under this article from that same department.
A.R.S. § 9-1418 — Arizona Code / Title 9 / Chapter 13 / Article 2 / Section 1418
9-1418 Boundary change; license fees; exemption; notice
Status: in_force

9-1418. Boundary change; license fees; exemption; notice

A. Each local government whose boundaries change shall notify in a timely manner each video service provider that operates in the boundaries. Notification shall be made by certified mail, email or personal delivery.

B. A video service provider may not be subject to or required to pay license fees on gross revenues as prescribed in section 9-1443 within the area encompassed by a boundary change for at least thirty days after the notification of a boundary change, required by subsection A of this section, is provided to the video service provider.

C. The notice required by subsection A of this section shall be provided to the contact person and address specified by the video service provider. The video service provider shall inform the local government of any change in the designated contact person or address by providing written notice to the governing body of the local government.
A.R.S. § 9-530 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 530
9-530 Service charges; taxation and budgeting; computation
Status: in_force

9-530. Service charges; taxation and budgeting; computation

A. The governing body of the municipality issuing the bonds shall prescribe service charges, and shall revise them when necessary, so that a utility undertaking for which the bonds were issued shall always remain self-supporting with revenue sufficient:

1. To pay when due all bonds, interest and continuing fees and expenses on the bonds or, if applicable, on the reimbursement agreement, for the payment of which the revenue has been pledged, encumbered or charged.

2. To provide for all expenses of operation, maintenance, expansion and replacement of facilities.

3. To provide reasonable reserves.

B. Until payment of all bonds on any public utility issued under this article, and the expiration of the municipal fiscal year in which the bonds are paid in full, no receipts segregated or collected for the purpose of paying the principal of and interest and redemption charges on bonds and other lawful long-term obligations issued or incurred for a specific capital purpose shall be subject to the provisions of title 42, chapter 17.

C. In computing the annual interest requirements of bonds described in section 9-529, subsection G, the governing body shall determine a rate which is not more than the maximum rate permitted under the terms of their issuance. In making the determination, the governing body shall set a rate that is not less than one hundred twenty-five per cent of the rate in effect on the date of determination, or if the bonds are not then issued, one hundred twenty-five per cent of the initial rate on the bonds, except that if such determination exceeds the maximum rate permitted under the terms of issuance, the rate shall be the maximum rate.
A.R.S. § 9-904 — Arizona Code / Title 9 / Chapter 8 / Article 1 / Section 904
9-904 Violations; classification
Status: in_force

9-904. Violations; classification

A person, municipal corporation or other political subdivision of the state violating any provision of this article is guilty of a class 2 misdemeanor.
A.R.S. § 9-233 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 233
9-233 Council meetings; quorum; adjournment
Status: in_force

9-233. Council meetings; quorum; adjournment

The common council shall, by ordinance, fix the time and place of holding stated meetings, and the council may be convened at any time by the mayor. A majority of the councilmen shall constitute a quorum for transacting business but a lesser number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalty as the council may, by ordinance, have previously prescribed. No such adjournment shall be to a day beyond the next stated meeting of the council.
A.R.S. § 9-622 — Arizona Code / Title 9 / Chapter 6 / Article 2 / Section 622
9-622 Certification of completion of construction
Status: in_force

9-622. Certification of completion of construction

A. When construction or expansion of an eligible convention center development project is complete, the chief financial officer of the city shall certify the completion to the state treasurer and transmit a copy of the certification to the auditor general.

B. As a part of the certification, the chief financial officer of the city shall:

1. Notify the state treasurer if the city has entered into any agreements that require future scheduled payments and the amounts of any such payments.

2. Certify to the state treasurer that a project meets all of the eligibility requirements of section 9-605 before any distributions for the project from the Arizona convention center development fund to the city.

3. Certify to the state treasurer the total cost of the eligible project and the part of the total cost to be funded from municipal sources.
A.R.S. § 9-495 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 495
9-495 Employees providing assistance; identification; communication; notice
Status: in_force

9-495. Employees providing assistance; identification; communication; notice

A. In any written communication between a city or town and a person, the city or town shall provide the name, telephone number and email address of the employee who is authorized and able to provide information about the communication if the communication does any of the following:

1. Demands payment of a tax, fee, penalty, fine or assessment.

2. Denies an application for a permit or license that is issued by the city or town.

3. Requests corrections, revisions or additional information or materials needed for approval of any application for a permit, license or other authorization that is issued by the city or town.

B. An employee who is authorized and able to provide information about any communication that is described in subsection A of this section shall reply within five business days after the city or town receives that communication.

C. A city or town shall print a notice of the requirements of this section on all applications for a permit, license or other authorization that is issued by the city or town.
A.R.S. § 9-491 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 491
9-491 Unpaid license taxes; recovery
Status: in_force

9-491. Unpaid license taxes; recovery

A. A city or town may maintain in its name a civil action to recover an unpaid license, business or occupation tax imposed by an ordinance of the city or town against a person liable for the payment thereof.

B. It is not a defense to the action that a person otherwise liable for the tax has not applied for or obtained the issuance of the license prescribed, nor shall the action abate by reason of the pendency of, or judgment in, a criminal prosecution for failure to pay the tax, or transacting business or doing any act without paying the tax or procuring a license.
A.R.S. § 9-492 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 492
9-492 Investment of sinking funds and surplus or idle funds of municipality
Status: in_force

9-492. Investment of sinking funds and surplus or idle funds of municipality

A. The governing body of a municipality may invest its sinking funds in United States, state, or county bonds or in bonds, debentures or other obligations issued by the federal land banks, the federal intermediate credit banks or the banks for cooperatives.

B. In addition to the provisions of subsection A of this section, the governing body of a municipality may invest its surplus or idle funds in United States treasury bills, notes or bonds which have a maturity date of not more than one year from the date of investment and in accounts of any savings and loan association insured by an agency of the government of the United States, up to the amount of such insurance.

C. In addition to the provisions of subsections A and B of this section, the governing body of a municipality may invest its surplus or idle funds in accordance with the procedures prescribed in section 35-323.01.
A.R.S. § 9-1118 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1118
9-1118 Accounting by trustee to successor
Status: in_force

9-1118. Accounting by trustee to successor

On termination of the trustee's term of office, the trustee shall deliver to the trustee's successor in office all books and papers of the trustee's office, together with all money in the trustee's possession as trustee, and shall accompany them with an itemized written statement of all money received and paid out by the trustee under the trust.  Thereafter the trust shall be discharged by the trustee's successor in office.
A.R.S. § 9-973 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 973
9-973 Disability insurance for volunteer fire fighters
Status: in_force

9-973. Disability insurance for volunteer fire fighters

In addition to the authority granted pursuant to other provisions of this article, the board of trustees, with the approval of the mayor and council if for a volunteer fire department or the board of trustees with the approval of the board of supervisors if for a volunteer fire district, may purchase disability insurance for the volunteer firemen with funds from the volunteer fire fighters' relief and pension fund.
A.R.S. § 9-461.04 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.04
9-461.04 Financing
Status: in_force

9-461.04. Financing

The municipal legislative body shall provide the funds, equipment and accommodations necessary for the work of the planning agency of the municipality.
A.R.S. § 9-462.09 — Arizona Code / Title 9 / Chapter 4 / Article 6.1 / Section 462.09
9-462.09 Assisted living homes; distance requirements; administrative procedure; notice; definition
Status: in_force

9-462.09. Assisted living homes; distance requirements; administrative procedure; notice; definition

A. If a municipality has a zoning ordinance that restricts the distance between assisted living homes, the municipality shall establish an administrative procedure in which a deviation from the separation requirement may be granted as a reasonable accommodation under the fair housing act (P.L. 90-281; 82 Stat. 81; 42 United States Code section 3604).

B. On registration as an assisted living home or when a land use application for an assisted living home is filed, the municipality shall provide written notice of the administrative procedure to request a reasonable accommodation as prescribed in subsection A of this section.

C. If a municipality has a zoning ordinance that restricts the distance between assisted living homes, the distance shall be measured on a linear foot basis from lot line to lot line.

D. For the purposes of this section, "assisted living home" has the same meaning prescribed in section 36-401.
A.R.S. § 9-463.03 — Arizona Code / Title 9 / Chapter 4 / Article 6.2 / Section 463.03
9-463.03 Violations
Status: in_force

9-463.03. Violations

It is unlawful for any person to offer to sell or lease, to contract to sell or lease or to sell or lease any subdivision or part thereof until a final plat thereof, in full compliance with provisions of this article and of any subdivision regulations which have been duly recorded in the office of recorder of the county in which the subdivision or any portion thereof is located, is recorded in the office of the recorder, except that this shall not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with any law or subdivision regulation regulating the subdivision plat design and improvement of subdivisions in effect at the time the subdivision was established. The county recorder shall not record a plat located in a municipality having subdivision regulations enacted under this article unless the plat has been approved by the legislative body of the municipality.
A.R.S. § 9-500.11 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.11
9-500.11 Expenditures for economic development; definitions
Status: in_force

9-500.11. Expenditures for economic development; definitions

(L05, Ch. 105, sec. 2)

A. In addition to any other powers granted to a city or town, the governing body of a city or town may appropriate and spend public monies for and in connection with economic development activities.

B. To fund economic development activities under this section, a city or town subject to the requirements of section 9-500.06 shall not impose a new fee or tax on a single specific industry or type of business.

C. Notwithstanding section 19-142, subsection B, a decision by the governing body involving an expenditure pursuant to this section may not be enacted as an emergency measure and that decision is not effective for at least thirty days after final approval of the expenditure.

D. For the purposes of this section:

1. "Economic development activities" means any project, assistance, undertaking, program or study, whether within or outside the boundaries of the city or town, including acquisition, improvement, leasing or conveyance of real or personal property or other activity, that the governing body of the city or town has found and determined will assist in the creation or retention of jobs or will otherwise improve or enhance the economic welfare of the inhabitants of the city or town.

2. "Expenditure" includes any waiver, exemption, deduction, credit, rebate, discount, deferral or other abatement or reduction of the normal municipal tax liability that otherwise applies to similar existing business entities and properties in that city or town, however denominated, computed or applied, and that is generally understood as an inducement to locate a business facility or other operation in the city or town.
A.R.S. § 9-441.04 — Arizona Code / Title 9 / Chapter 4 / Article 4 / Section 441.04
9-441.04 Additional security for bonds
Status: in_force

9-441.04. Additional security for bonds

A. In connection with the issuance of bonds pursuant to section 9-441.03, or the incurring of obligations under leases, and in order to secure the payment of these bonds or obligations, a municipality, in addition to its other powers, may:

1. Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which shall consent to and the manner in which the consent may be given.

2. Vest in any obligees the right to enforce the payment of the bonds or any covenants securing or relating to the bonds.

3. Vest in any obligee holding a specified amount of such bonds the right, in the event of a default, to take possession of and use, operate and manage any housing development area or any part of the area, title to which is in the municipality, or any monies connected with the development, to collect the rents and revenues arising from the development and to dispose of the monies in accordance with the agreement of the municipality with such obligees.

4. Provide for the powers and duties of the obligees and limit the liabilities of the obligees.

5. Provide the terms and conditions on which the obligees may enforce any covenant or rights securing or relating to the bonds.

6. Exercise all or any part or combination of the powers granted by this subsection.

7. Make covenants and do any and all acts and things necessary, convenient or desirable to secure its bonds, or, in the discretion of the municipality, as will tend to make the bonds more marketable even if the covenants, acts or things are not enumerated in this section.

B. A municipality, by its resolution, trust indenture, mortgage, lease or other contract, may confer on any obligee holding or representing a specified amount in bonds issued pursuant to section 9-441.03 the right, in addition to all rights that may otherwise be conferred, on the happening of an event of default as defined in such resolution or instrument, by an action or proceeding in any court of competent jurisdiction, both of the following:

1. To require the municipality and its officials, agents and employees to account as if it and they were the trustees of an express trust.

2. To obtain the appointment of a receiver of any housing development area of the municipality or any part of the area, title to which is in the municipality, and of the rents and profits from the development.

C. If a receiver is appointed, the receiver may enter and take possession of, carry out, operate and maintain the housing development area or any part of the area and collect and receive all fees, rents, revenues or other charges and shall keep monies in a separate account and apply them in accordance with the obligations of the municipality as the court directs.
A.R.S. § 9-416 — Arizona Code / Title 9 / Chapter 4 / Article 2 / Section 416
9-416 Powers of trustees
Status: in_force

9-416. Powers of trustees

The trustees, by a majority vote of their members recorded in the minutes with the ayes and nays at length, may:

1. Make and enforce all rules, regulations and by-laws necessary for the administration and government of the library and all library property.

2. Exercise and administer any trust declared or created for the library or reading room.

3. Define the powers and prescribe the duties of officers and elect and remove at will officers and assistants.

4. Purchase necessary books, journals, publications and other personal property.

5. Order the drawing and payment, upon properly authenticated vouchers, certified by the president and secretary, of money out of the library fund for any liability authorized.

6. Fix the salary of the librarian.

7. By and with the consent and approval of the governing body of the city or town, purchase real property and erect and equip buildings as may be necessary for the library and reading rooms.
A.R.S. § 9-603 — Arizona Code / Title 9 / Chapter 6 / Article 1 / Section 603
9-603 Use of fund monies
Status: in_force

9-603. Use of fund monies

A. The monies in the Arizona convention center development fund shall be used only for the purposes specified in this chapter.

B. The state treasurer shall disburse monies from the fund as provided in section 9-602.  Any amounts remaining in the fund after the distributions made pursuant to section 9-602, subsection C shall be held in reserve for the purposes of the distributions until the certificate of satisfaction of annual obligations is received by the state treasurer or until the first Monday in August if a certificate of completion of construction has not been previously filed pursuant to section 9-622.

C. A city that receives monies distributed from the fund:

1. Shall segregate and separately account for the monies and shall not commingle the monies from the fund with monies from any other source.  Those monies shall be designated as a special fund of the eligible city, separate from the city's general fund.  Any amount not immediately used to meet scheduled payments or current expenses shall remain in the special fund, shall not be transferred to the city's general fund and shall be used only for the permitted purposes in the future.

2. May use monies from the fund only for the following purposes in connection with an eligible project under section 9-605:

(a) The design, development, construction and related costs for a convention center and related development.

(b) Financing costs and any other costs incurred in connection with any financings undertaken to facilitate the accomplishment of the uses of the monies in the fund as provided in this section.

(c) Funding financial reserves created in connection with any financings undertaken to facilitate the accomplishment of the uses of the monies in the fund as provided in this section.

(d) Reimbursement of any amounts plus interest advanced by an eligible city but for which the eligible city does not have ultimate responsibility to pay any portion of financing or related costs incurred in connection with any financings undertaken to facilitate the accomplishment of the other uses of the monies in the fund as provided in this section.

(e) Any other costs necessary to effectuate the uses and purposes specified in this article.

D. Amounts distributed from the fund are in addition to any other amounts distributed to eligible cities pursuant to any other law.
A.R.S. § 9-508 — Arizona Code / Title 9 / Chapter 5 / Article 1.1 / Section 508
9-508 License required before construction; provisions existing systems
Status: in_force

9-508. License required before construction; provisions existing systems

A. A new cable television system shall not be constructed within any incorporated city or town or within the unincorporated area of a county without a license therefor having first been issued pursuant to the provisions of this article. This subsection shall not apply to extensions of existing cable television systems wholly within the area of jurisdiction.

B. Existing cable television systems with existing licenses for a fixed term of years shall be in compliance with this article for the term of such license.

C. All other existing cable television systems with existing licenses not specifying a fixed term shall have a term expiring April 1, 1989, or upon the termination of the license by the licensing authority.

D. Nothing in this section shall preclude a licensing authority from amending a license to bring the license into conformance with the applicable rules and regulations of the federal communications commission.

E. A licensing authority may terminate a license according to its terms and conditions if a license holder is in default thereunder.
A.R.S. § 9-236 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 236
9-236 Mayor; duties
Status: in_force

9-236. Mayor; duties

The mayor of the common council shall be the chief executive officer of the town, and shall perform such duties as may be prescribed by law and ordinance. In case of the absence of the mayor the council may appoint one of their number to act in his stead.
A.R.S. § 9-478 — Arizona Code / Title 9 / Chapter 4 / Article 7 / Section 478
9-478 Acceptance of plat by recorder
Status: in_force

9-478. Acceptance of plat by recorder

No plat or map shall be accepted by the county recorder for filing unless it complies with the provisions of this article, but if an owner has given to a city or town written notice of intention to subdivide and the city or town has failed or refused within the time specified in this article to project the lines of its streets and alleys and to supply the courses thereof, then the owner may file with the county recorder the plat or map of the subdivision in conformity with law, attaching thereto the sworn statement of the owner of the proceedings.
A.R.S. § 9-515 — Arizona Code / Title 9 / Chapter 5 / Article 2 / Section 515
9-515 Purchase of existing utility plant and property; valuation; appeal
Status: in_force

9-515. Purchase of existing utility plant and property; valuation; appeal

A. When a municipal corporation and the residents thereof are being served under an existing franchise by a public utility, the municipal corporation, before constructing, purchasing, acquiring or leasing, in whole or in part, a plant or property engaged in the business of supplying services rendered by such public utility, shall first purchase and take over the property and plant of the public utility.

B. The property and plant shall become the property of the municipal corporation upon payment by the municipal corporation of the fair valuation thereof within eighteen months after the determination of the valuation in the manner hereinafter provided.

C. The fair valuation of the public utility shall be the equivalent of the compensation to be paid for the taking of private property for public use as provided by article 2, chapter 8 of title 12, and the amount shall be determined by one of the following methods:

1. By agreement between the municipal corporation and the public utility.

2. By arbitrators chosen in a manner agreed upon at the time by the municipal corporation and the public utility.

3. By a court of competent jurisdiction determining the compensation for the taking of private property for public use as provided by article 2, chapter 8 of title 12.

D. The municipal corporation and the public utility shall have right of appeal as provided by article 2, chapter 8 of title 12.
A.R.S. § 9-1133 — Arizona Code / Title 9 / Chapter 10 / Article 2 / Section 1133
9-1133 Disposition of proceeds from sale
Status: in_force

9-1133. Disposition of proceeds from sale

The proceeds of sales made as provided in this article shall be applied first to the payment of costs and expenses of sale. Any surplus shall be paid to the governing body of the city or town, if incorporated, to be placed in the general fund, or, if unincorporated, for making such public improvements as may be directed by a meeting of the citizens of the town to be held after thirty days notice by the trustee.
A.R.S. § 9-826 — Arizona Code / Title 9 / Chapter 7 / Article 3 / Section 826
9-826 Publicity pamphlet format; state preemption; bond and tax measures
Status: in_force

9-826. Publicity pamphlet format; state preemption; bond and tax measures

A. The legislature finds and determines that for the purposes of increasing voter knowledge and government transparency it is a matter of statewide concern that all municipalities fully inform voters of the effects of any vote to approve a bond, sales tax or property tax measure and, therefore, the legislature finds and declares that the publicity pamphlet format for these measures is of statewide concern.  This section preempts all local laws, ordinances and charter provisions to the contrary.

B. Notwithstanding any other law, for any municipal election to approve a bond, sales tax or property tax measure, the publicity pamphlet shall include the following:

1. For a bond approval, an estimate of the annual levy of property taxes sufficient to pay the debt on the bonds.

2. For a sales tax levy, the amount of the tax increase.

3. For a property tax levy, an estimate of the tax for:

(a) A single-family residence that is valued at one hundred thousand dollars.

(b) Commercial property that is valued at two hundred fifty thousand dollars.

(c) Vacant land that is valued at one hundred thousand dollars.
A.R.S. § 9-1106 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1106
9-1106 Index of claimants and property
Status: in_force

9-1106. Index of claimants and property

The trustee shall keep an index of the name of every person filing a claim or contest in which the name shall be entered at the time of filing the statement or contest. When the statement is recorded, the trustee shall add to the index the number of the page of the record. The trustee shall keep a like index with a description of all property disposed of by the trustee.
A.R.S. § 9-255 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 255
9-255 Unlawful act of officer; liability of council
Status: in_force

9-255. Unlawful act of officer; liability of council

A member of the common council of a town incorporated under the provisions of this article shall not be personally liable in damages or otherwise for an unlawful act of an officer or employee of the town, unless the act is committed by the authority of the member, or he has notice or knowledge thereof, or unless the act is committed under circumstances which would cause, or would have caused, a reasonable or prudent person to have knowledge of the act.
A.R.S. § 9-1102 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1102
9-1102 Trustee's bond; keeping of accounts and records
Status: in_force

9-1102. Trustee's bond; keeping of accounts and records

A. Before entering on the discharge of the trustee's duties, the trustee shall execute a bond to the state, with sureties in the sum of $2,000, which shall be filed with the county recorder of the county in which the townsite is located, conditioned to account for all money that may come into the trustee's hands and to discharge the duties of the trust according to the best of the trustee's ability. Action may be brought on the bond by any party aggrieved by the action of the trustee.

B. The trustee shall keep a strict account of all money received and disbursed by the trustee and shall file and keep all books and papers used by or before the trustee, subject to inspection of the inhabitants of the city or town.
A.R.S. § 9-521.01 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 521.01
9-521.01 Recreational facilities
Status: in_force

9-521.01. Recreational facilities

A. For the purposes of this article only, the term "utility undertaking", in addition to the definition prescribed in section 9-521, shall mean recreational facilities.

B. "Recreational facilities" means swimming pools, parks, playgrounds, municipal golf courses, and ball parks.

C. Provisions of this section shall apply only to municipalities of seventy-five thousand or less.
A.R.S. § 9-500.34 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.34
9-500.34 Prohibition on retail business security requirements; state preemption
Status: in_force

9-500.34. Prohibition on retail business security requirements; state preemption

A. A municipality may not adopt an ordinance that requires a retail business to comply with specific security requirements, including the installation of security cameras or security lights, based on the size of the retail business, the type of the retail business or the number of calls the retail business made to law enforcement per year.  For the purposes of this section, retail business does not include a bar, hotel, restaurant or a business that has live entertainment, dispenses or cultivates medical marijuana or that requires age verification for admission.

B. The legislature finds that the imposition of security requirements on retail businesses in a uniform and consistent manner is a matter of statewide concern.  The imposition of security requirements on retail businesses as provided in this section is not subject to further regulation by a city, charter city or town.
A.R.S. § 9-407 — Arizona Code / Title 9 / Chapter 4 / Article 1 / Section 407
9-407 Exchange and sale of real property; notice of intent
Status: in_force

9-407. Exchange and sale of real property; notice of intent

A. Any incorporated city or town may by ordinance authorize an exchange of a parcel of real property owned by that city or town for any other parcel of real property if the parcels of real property are of substantially equal value and the exchange meets the terms and conditions prescribed in the ordinance.

B. Any incorporated city or town may sell a parcel of real property to another political subdivision without following the procedures prescribed in sections 9-402 and 9-403.

C. A notice of intent to exchange or sell any property pursuant to this section shall be published pursuant to section 39-204 before the exchange or sale.
A.R.S. § 9-583 — Arizona Code / Title 9 / Chapter 5 / Article 7 / Section 583
9-583 Issuance of license or franchise; use of public highways; limitations
Status: in_force

9-583. Issuance of license or franchise; use of public highways; limitations

A. A political subdivision shall not adopt any ordinance that may prohibit or have the effect of prohibiting the ability of any telecommunications corporation to provide telecommunications service. Nothing in this section affects the authority of a political subdivision to manage the public highways within its jurisdiction or to exercise its police powers.

B. The governing board of a political subdivision may issue to a telecommunications corporation a license or franchise to use the public highways within the political subdivision to construct, install, operate and maintain telecommunications facilities. The political subdivision shall issue licenses or franchises on a competitively neutral and nondiscriminatory basis to persons subject to this section, within a reasonable period of time after application. As a condition of issuing a license or franchise to use the public highways to construct, install, operate and maintain telecommunications facilities, or a renewal thereof, a political subdivision may impose reasonable, competitively neutral and nondiscriminatory requirements on applicants which may include only:

1. Proof that the applicant has received a certificate of convenience and necessity from the Arizona corporation commission.

2. Public highway use requirements.

3. Mapping requirements.

4. Insurance, performance bonds, indemnification or similar requirements.

5. Enforcement and administrative provisions, consistent with this section.

C. A political subdivision may require a telecommunications corporation that will place underground facilities in the public highways, exclusive of facilities used by the local network and the portion of the interstate network that carries intrastate calls, for interstate telecommunications services to pay a fee as provided in this subsection and, subject to section 9-582, subsection A, paragraph 2, to obtain a license or franchise under this subsection to use the public highways to construct, install, operate and maintain facilities for these services. Subsections A, B, D and E of this section apply except:

1.  The requirement provided in subsection B, paragraph 1 of this section does not apply to a telecommunications corporation that provides solely interstate telecommunications services within this state.

2. A political subdivision may require a telecommunications corporation operating under this subsection to pay an annual fee based on the number of linear feet of trench in the public highways in which the telecommunications corporation has placed facilities that carry interstate traffic between and among the telecommunications corporation's interstate points of presence exclusive of facilities used by the local network and the portion of the interstate network that carries intrastate calls.

3. The rate per linear foot used in paragraph 2 of this subsection shall not exceed the highest rate per linear foot a political subdivision in this state charged any licensee or franchisee on or before December 31, 1999. The rate per linear foot shall not be increased in any calendar year by more than the increase in the average consumer price index as published by the United States department of labor, bureau of labor statistics.

D. A telecommunications licensee or franchisee may enter into contracts for use of the licensee's or franchisee's facilities within the public highways to provide telecommunications services. A political subdivision may require a telecommunications licensee or franchisee to disclose all persons with whom it contracts to use its facilities in the public highways within the political subdivision to provide telecommunications services. A political subdivision may require a person using a licensee's or franchisee's facilities in the public highways within the political subdivision to obtain from the political subdivision a telecommunications license or franchise if the person constructs, installs, operates or maintains telecommunications facilities within the public highways of the political subdivision.

E. The requirements imposed in a telecommunications license or franchise shall treat similarly situated telecommunications corporations similarly. The requirements may be changed over time and applied prospectively. Nothing in this subsection or subsection B of this section affects section 9-582, subsection D. A political subdivision may distinguish between a telecommunications corporation described in section 9-582, subsection E and other telecommunications corporations to a justifiable extent based on differences in legal rights.

F. Subsections B through E of this section do not apply to a telecommunications corporation described in section 9-582, subsection E.

G. The requirements of this section apply to applicants for licenses or franchises filed and acted on after December 1, 1998 or if earlier, the date after August 1, 1998 that a political subdivision adopts an ordinance implementing this article. Licenses or franchises issued pursuant to this section shall be for a term of five years and shall be renewed if:

1. The telecommunications corporation satisfies the conditions of the renewal license or franchise.

2. The renewal applicant has complied with the material terms of its prior license or franchise and applicable law. However, renewal shall not be denied for failure to comply with license or franchise terms unless the licensee or franchisee has had written notice and a reasonable opportunity to cure the defect in past performance. A license or franchise may be revoked for failure to comply with the material terms of the license or franchise or applicable law. Revocation may occur only if the telecommunications corporation is given written notice of the defect in performance and the defect in performance is not cured within sixty days of the notice, unless the political subdivision finds that the defect in performance is due to intentional misconduct, is a violation of criminal law or is part of a pattern of violations if the telecommunications corporation has already had notice and an opportunity to cure. A political subdivision shall hold a hearing before revoking or refusing to renew a license or franchise if requested by the licensee or franchisee.
A.R.S. § 9-953 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 953
9-953 Fire districts or departments; certification by the office of the state fire marshal
Status: in_force

9-953. Fire districts or departments; certification by the office of the state fire marshal

The office of the state fire marshal shall certify the existence of fire districts organized under title 48 and fire departments of incorporated cities and towns. The office of the state fire marshal shall provide this information annually to the state treasurer pursuant to section 9-951, subsection B.
A.R.S. § 9-499.08 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.08
9-499.08 Ability to build, finance and operate toll roads
Status: in_force

9-499.08. Ability to build, finance and operate toll roads

Notwithstanding section 28-6805, subsection C, a city or town may construct, operate and finance the construction of toll roads within the corporate limits of the city or town.
A.R.S. § 9-283 — Arizona Code / Title 9 / Chapter 2 / Article 5 / Section 283
9-283 Approval of charter; recording and filing; amendment
Status: in_force

9-283. Approval of charter; recording and filing; amendment

A. On approval the charter shall become the organic law of the city and supersede any charter then existing and all ordinances inconsistent with the new charter.

B. A copy of the charter, certified by the chief executive officer of the city, and authenticated by the seal of the city, together with a statement similarly certified and authenticated setting forth the submission of the charter to the electors and its ratification by them, after approval of the charter by the governor, shall be filed in the archives of the city, after being recorded in the office of the county recorder, and thereafter all courts shall take judicial notice of the charter.

C. The charter so ratified may be amended by amendments proposed and submitted by the legislative authority of the city to the qualified electors thereof, or by petition as provided in this article, at a general or special election, and ratified by a majority of the qualified electors voting thereon, and approved by the governor as provided in this article for the approval of the charter.
A.R.S. § 9-131 — Arizona Code / Title 9 / Chapter 1 / Article 3 / Section 131
9-131 Incorporation; definition
Status: in_force

9-131. Incorporation; definition

A. When two-thirds of the qualified electors in each county residing in a single community containing a collective population of fifteen hundred or more inhabitants petition their respective boards of supervisors, setting forth the metes and bounds of the community and the name under which the petitioners desire to be incorporated, and praying for the incorporation of the community into a city or town, and the respective boards meeting in a joint session are satisfied that two-thirds of the qualified electors residing in the community in each county have signed the petition, they shall by an order entered of record by each board declare the community incorporated as a city or town.

B. When ten per cent of the qualified electors in each county residing in a single community containing a collective population of fifteen hundred or more inhabitants petition their respective boards of supervisors in the manner prescribed by subsection A of this section, praying for the calling of an election for the purpose provided in this section, the respective boards meeting in joint session shall within sixty days after the filing of the petition call the election, and 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 incorporation of substantially the same territory. Only qualified electors of the community shall vote on this question. If a majority of qualified electors in each county voting thereon votes for incorporation, then the boards of supervisors again meeting in joint session shall by an order entered of record by each board declare the community incorporated as a city or town.

C. The provisions of section 9-231 shall apply to cities and towns incorporated under this article, except that the first common council shall be appointed by the boards of supervisors of the respective counties meeting in joint session.

D. By whichever proceeding the incorporation of a city or town is accomplished, the order shall designate the name of the city or town, and its metes and bounds, and thereafter the inhabitants within the area so defined shall be a body politic and corporate by the name designated.

E. For the purposes of this section, "community" means a locality in which a body of people resides in more or less proximity having common interests in such services as public health, public protection, fire protection and water which bind together the people of the area, and where the people are acquainted and mingle in business, social, educational and recreational activities.

F. An area to be incorporated shall not include large areas of uninhabited, rural or farm lands, but it shall be urban in nature.
A.R.S. § 9-500.25 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.25
9-500.25 Work centers; aliens; prohibition
Status: in_force

9-500.25. Work centers; aliens; prohibition

A city or town shall not construct or maintain a work center if any part of the center is to facilitate the knowing employment of an alien who is not entitled to lawful residence in the United States.
A.R.S. § 9-271 — Arizona Code / Title 9 / Chapter 2 / Article 4 / Section 271
9-271 Procedure for change; city officers
Status: in_force

9-271. Procedure for change; city officers

A. When a town has acquired a population of three thousand or over and the council shall by resolution so declare, the town may by majority vote of the qualified electors voting thereon assume a city organization having and exercising all rights, powers, authority, duties and privileges of a city under such name as the council may designate.

B. Upon making the change from a town to a city organization the officers of the city shall consist of:

1. Seven councilmen elected at large by the qualified electors residing in the city at the regular election which would have been held had the change not been made.

2. A mayor elected by and from among the members of the council.

3. The following officers appointed by the mayor and city council:

(a) A city clerk and ex officio treasurer.

(b) A city attorney.

(c) A city marshal or chief of police.

(d) A city physician.

(e) A city engineer.

(f) When provided by ordinance, a city health or sanitary officer, a superintendent of streets, a fire chief and such other officers as the council deems necessary.

C. The same person may hold two or more of the appointive offices enumerated in paragraph 3 of subsection B.

D. Pending the holding of the first regular election after the change, the officers of the municipality and their terms of office shall continue as though the change from town to city government had not been made.
A.R.S. § 9-1414 — Arizona Code / Title 9 / Chapter 13 / Article 2 / Section 1414
9-1414 Uniform video service license; application; fees
Status: in_force

9-1414. Uniform video service license; application; fees

A. To obtain a uniform video service license, a person shall file with the clerk of the local government an application and affidavit that are signed by one of the principal executive officers or general partners of the applicant and that comply with this section.

B. The application and affidavit shall be in the form required by the local government and shall be required to contain all of and not more than the following:

1. Each service area in which the applicant intends to provide video service in the format as described in section 9-1411, subsection C.  Except as provided in section 9-1412, subsection B, paragraph 2, under a uniform video service license the boundaries of the local government are a single service area and the service area consists of all of the territory within the boundaries of that local government.

2. The information prescribed by section 9-1411, subsection C, paragraphs 1 through 4. The holder shall notify the local government in writing of changes to this information within thirty days after the change occurs.

3. The term of the uniform video service license, which may not exceed ten years.

4. An agreement to pay all lawful fees and charges imposed by the local government.

C. An incumbent cable operator described in section 9-1412, subsection B, paragraph 2 may elect to apply for a uniform video service license for a service area that consists of the boundaries of a local government.

D. If the local government determines that the application and affidavit are incomplete or otherwise deficient for failure to comply with this section, the local government shall provide written notice to the applicant not later than fifteen days after the date of filing of the application and affidavit. The written notice shall do both of the following:

1. Explain the incompleteness or deficiency in detail.

2. Specify the information or other items that are necessary under this section for proper completion of the application and affidavit.

E. The local government may not do any of the following:

1. Charge a fee for filing or processing an application, affidavit, notice or other document under this article.

2. Except as provided in this article, vote on or take other official action regarding the application, affidavit, notice or other document.

3. Require the applicant to obtain the approval of the local government regarding the application, affidavit, notice or other document.

4. Require the applicant to enter into an agreement as described in section 9-1442, subsection I.
A.R.S. § 9-922 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 922
9-922 Annual report of board
Status: in_force

9-922. Annual report of board

The board shall submit a written report to the governing body on the first Monday in January of each year, showing in detail the condition of the fund and transactions of the board during the preceding year.
A.R.S. § 9-499.06 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.06
9-499.06 Fire insurance premium tax revenues; cities and towns and fire districts utilizing private fire companies
Status: in_force

9-499.06. Fire insurance premium tax revenues; cities and towns and fire districts utilizing private fire companies

Monies received pursuant to sections 9-951 and 9-952 by a city or town or legally organized fire district which procures the services of a private fire company shall be deposited in the city or town general fund or, in the case of a fire district, in the fire fighters' relief and pension fund for the purpose of providing fire protection services.
A.R.S. § 9-913 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 913
9-913 Administration of fund; police pension board; membership
Status: in_force

9-913. Administration of fund; police pension board; membership

A. The police pension fund shall be administered by a police pension board. In cities in which the provisions of this article are or shall hereafter become mandatory, the board shall be composed of the president of the civil service commission, if there is one, and if there is none, then the head of the governing body of the municipality, and the clerk, the treasurer, the chief of police and three subordinate members of the police department. In cities or towns in which the fund is established by ordinance, the board shall consist of the mayor, or other head of the governing body of the municipality, the clerk, the treasurer and two members of the department.

B. The president of the civil service commission, mayor or other head of the governing body, as the case may be, shall be ex officio chairman, the clerk shall be ex officio secretary, and the treasurer shall be ex officio treasurer of the board.
A.R.S. § 9-500.26 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.26
9-500.26 Authority to regulate the entry of minors into Mexico; exemption from liability
Status: in_force

9-500.26. Authority to regulate the entry of minors into Mexico; exemption from liability

A. The governing body of an incorporated city or town may adopt an ordinance pursuant to chapter 7 of this title allowing a peace officer of a city or town to prevent the entry from this state into the republic of Mexico at the border by any resident of this state who is under eighteen years of age if the minor is unaccompanied by a parent or guardian or does not have written consent for entry from a parent or guardian.  The authority of the peace officer is only to prevent entry and not to otherwise detain the minor.

B. This section shall not be construed to limit the authority of a peace officer pursuant to any other law.

C. A city or town is not civilly or criminally liable for not adopting an ordinance pursuant to this section.
A.R.S. § 9-917 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 917
9-917 Oath of office
Status: in_force

9-917. Oath of office

The oath of office shall be administered to departmental members by the presiding officer of the board.
A.R.S. § 9-244 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 244
9-244 Levy of taxes
Status: in_force

9-244. Levy of taxes

A. The common council may levy and collect annually, upon the assessed value of the real and personal property within the town, as shown by the equalized assessment roll of the current year, except such as is, or may be, exempt from taxation under the laws of the state, property taxes to defray the salaries of officers, and the ordinary and contingent expenses of the corporation, not herein otherwise provided for, and for constructing and repairing streets, sewers, sidewalks and crosswalks, or bridges and culverts upon such streets and sidewalks.

B. The limitation imposed by this section shall not prohibit the right to levy and collect amounts necessary to defray the charges of the public debt of the corporation.

C. Nothing contained in this section shall be held to repeal, modify or affect the provisions of title 42, chapter 17, article 2.
A.R.S. § 9-251 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 251
9-251 Survey and recording of town plats
Status: reserved

9-251. Survey and recording of town plats

When a town is laid out, the proprietors of the town shall cause to be made an accurate plat or map thereof, setting forth:

1. Streets, alleys, avenues and highways and the width thereof.

2. Parks, squares and other grounds reserved for other uses, with the boundaries and dimensions thereof.

3. Lots and blocks, with their boundaries, designating the lots and blocks by numbers, and giving the dimensions of the lots.
A.R.S. § 9-582 — Arizona Code / Title 9 / Chapter 5 / Article 7 / Section 582
9-582 Taxes and other charges; telecommunications facilities; limitations
Status: repealed

9-582. Taxes and other charges; telecommunications facilities; limitations

A. A political subdivision shall not levy a tax, rent, fee or charge on a telecommunications corporation, including a telecommunications corporation that provides interstate services as described in section 9-583, subsection C, for the use of a public highway to provide telecommunications services, or levy a tax, fee or charge on the privilege of engaging in the business of providing telecommunications services within that political subdivision other than:

1. Any transaction privilege tax authorized by law on the business of providing telecommunications services, except that this section does not allow the imposition of a transaction privilege tax on the business of providing interstate telecommunications services. Any transaction privilege tax authorized by law on the business of providing commercial mobile radio service shall not exceed the tax rate levied on the business of providing telecommunications services.

2. A telecommunications application fee for the issuance of a telecommunications license or franchise if the application fee applies on a competitively neutral and nondiscriminatory basis to all telecommunications corporations that use the public highways to provide telecommunications services.  A political subdivision may require only one application fee and one license or franchise for each telecommunications corporation whether the telecommunications corporation provides local services only or local and long-distance services, including intrastate or interstate services. An application fee is not required for a telecommunications corporation described in subsection E of this section.

3. A telecommunications construction permit fee for the issuance of a construction permit to place telecommunications facilities in the public highways if the permit fee applies on a competitively neutral and nondiscriminatory basis to all telecommunications corporations that place telecommunications facilities in the political subdivision's public highways to provide telecommunications services.  Political subdivisions shall establish a nonbinding outside arbitration procedure to attempt to resolve disputes over recovery of reasonable, proportionate and attributable costs of construction permit fees pursuant to this paragraph and other fees pursuant to this article before the disputes are submitted to a court for resolution.

4. A fee under section 9-583, subsection C.

B. All application fees, permit fees and charges levied by a political subdivision on telecommunications corporations pursuant to subsection A, paragraphs 2 and 3 of this section shall be levied on a competitively neutral and nondiscriminatory basis and directly related to the costs incurred by the political subdivision in providing services relating to the granting or administration of applications or permits.  These fees and charges also shall be reasonably related in time to the occurrence of the costs.

C. Notwithstanding subsections A and B of this section, a political subdivision may require a telecommunications corporation to bear all of the reasonable costs associated with construction, maintenance and operation of its facilities in the public highway used to provide telecommunications services, including bearing reasonable costs associated with damage caused to public highways.

D. Notwithstanding subsections A and B of this section, in a license or franchise, a political subdivision and a telecommunications corporation may agree to in-kind payments for use of the public highways different from those specified in subsection A or B of this section.  The license or franchise shall be structured so that the in-kind payments made for use of the public highways to provide interstate telecommunications services under the license or franchise are less than or equal to and are offset against any linear foot charge owed pursuant to section 9-583, subsection C, paragraphs 2 and 3.  The license or franchise shall be structured so that the in-kind payments made under the license or franchise pursuant to subsection A, paragraph 1 of this section are less than or equal to and are offset against any transaction privilege license tax on the business of providing telecommunications services. The valuation of any in-kind benefits shall be set forth in such agreements.  The in-kind facilities that are used to offset any or all payments in this subsection are limited to the costs of the in-kind facilities and shall remain in possession and ownership of the political subdivision after the term of the existing license or franchise expires.  In-kind facilities may be offset for either payments of intrastate transaction privilege taxes or for interstate linear foot charges but shall not be offset for any combination of intrastate and interstate charges. However, a political subdivision shall not require a telecommunications corporation to provide in-kind services, make in-kind payments or pay a fee in addition to the fees described in subsections A, B and C of this section as a condition of consent to use a highway to provide telecommunications services.

E. Notwithstanding subsection D of this section, any telecommunications corporation that was providing telecommunications service within this state on November 1, 1997 pursuant to a grant made to it or its lawful predecessors before the effective date of the Arizona Constitution may continue to provide telecommunications service pursuant to that state grant until it is lawfully repealed, revoked or amended. Such telecommunications corporation shall require no additional grant from any political subdivision to provide telecommunications services.

F. This article does not affect the terms or conditions of any franchise, license or permit issued by a political subdivision before November 1, 1997, or to release any party from its obligations thereunder. Those franchises, licenses or permits shall remain fully enforceable in accordance with their terms. A political subdivision may lawfully enter into agreements with franchise holders, licensees or permittees to modify or terminate an existing franchise, license or agreement.

G. A political subdivision may not discriminate against a cable operator in its use of its cable system or prevent a cable operator from using its cable system in the public highways to provide telecommunications services and other noncable services if the cable operator complies with applicable federal and state requirements.  This subsection does not do either of the following:

1. Limit the authority of any political subdivision to license cable systems and to establish conditions on those licenses that are competitively neutral and nondiscriminatory with conditions applicable to telecommunications corporations and that are consistent with federal and state law.

2. Affect the authority of a political subdivision to manage the public highways within its boundaries or exercise its police powers and land use powers.
A.R.S. § 9-500.38 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.38
9-500.38 Prohibition on regulation of auxiliary containers; state preemption; definition
Status: in_force

9-500.38. Prohibition on regulation of auxiliary containers; state preemption; definition

A. A city or town may not:

1. Impose a tax, fee, assessment, charge or return deposit on a consumer or an owner, operator or tenant of a business, commercial building or multifamily housing property for auxiliary containers.

2. Regulate the sale, use or disposition of auxiliary containers by an owner, operator or tenant of a business, commercial building or multifamily housing property.

B. The regulation of the sale, use and disposition of auxiliary containers is a matter of statewide concern. The regulation of the sale, use or disposition of auxiliary containers by an owner, operator or tenant of a business, commercial building or multifamily housing property pursuant to this section is not subject to further regulation by a city or town.

C. This section does not prevent a city or town from continuing a voluntary recycling and waste reduction program as authorized by section 9-500.07 or ensuring that discarded auxiliary containers defined as solid waste pursuant to section 49-701.01 are disposed of properly.

D. For the purposes of this section, "auxiliary container" includes reusable bags, disposable bags, boxes, beverage cans, bottles, cups and containers that are made out of cloth, plastic, extruded polystyrene, glass, aluminum, cardboard or other similar materials and that are used for transporting merchandise or food to or from a business or multifamily housing property. Auxiliary container does not include a stationary receptacle intended solely for use by the public for voluntary donation of goods and materials intended for subsequent reuse, sale or recycling.
A.R.S. § 9-406 — Arizona Code / Title 9 / Chapter 4 / Article 1 / Section 406
9-406 Sale, lease or conveyance of land by city or town incorporated pursuant to congressional enabling legislation
Status: in_force

9-406. Sale, lease or conveyance of land by city or town incorporated pursuant to congressional enabling legislation

A city or town which has incorporated under the laws of the state of Arizona pursuant to enabling legislation of the Congress of the United States and which upon incorporation acquires ownership of land in excess of one section from the United States may provide by ordinance for the manner of disposition, sale, lease or conveyance of land owned by such city or town.
A.R.S. § 9-1403 — Arizona Code / Title 9 / Chapter 13 / Article 1 / Section 1403
9-1403 Limited application
Status: in_force

9-1403. Limited application

This chapter does not:

1. Prevent a telecommunications provider from exercising any rights or authority that the telecommunications provider has as a public utility under federal or state law.

2. Affect any authority of a local government, an agricultural improvement district, any special taxing district or any other person that controls utility poles on the highways to deny, limit, restrict or determine the rates, terms and conditions for the use of or attachment by a video service provider to utility or other poles owned by the local government or other person. For the purposes of this paragraph, "authority of a local government" includes police powers.

3. Vest in the corporation commission any authority or jurisdiction over video service, video service providers or video service networks or over the rates, terms and conditions of pole attachments under 47 United States Code section 224.

4. Affect or preempt any generally applicable local laws, including a local government's police power, to manage the use and occupancy of the highways within the local government's boundaries or to exercise the local government's police powers if the local government applies the local laws and the exercise of police powers to all users of the highways in a nondiscriminatory manner.
A.R.S. § 9-1112 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1112
9-1112 Selection and conveyance of sites for public purposes
Status: in_force

9-1112. Selection and conveyance of sites for public purposes

A. After the plat of the townsite has been recorded and on petition of at least ten resident house-holders of the city or town, the trustee, by and with the advice of the board of school trustees of the district, shall set apart a site for a district school house, and the trustee shall deed the lots embraced in the site to the board of school trustees.  If the city or town is a county seat, the trustee, on a like petition, may set apart and deed to the county a site for a courthouse and other county buildings.  On petition signed by a majority of the property holders of the city or town designating the site, the trustee may set apart a public square or park.

B. Such locations shall not include any lot held by a bona fide claimant nor interfere with vested rights.
A.R.S. § 9-500.09 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.09
9-500.09 Fair housing
Status: in_force

9-500.09. Fair housing

The governing body of a city or town with a population of three hundred fifty thousand or more persons according to the 1990 United States decennial census may adopt a fair housing ordinance not later than January 1, 1995.
A.R.S. § 9-500.27 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.27
9-500.27 Off-road vehicle ordinance; applicability; violation; classification
Status: in_force

9-500.27. Off-road vehicle ordinance; applicability; violation; classification

A. No later than March 31, 2008, in area A, as defined in section 49-541, a city or town shall adopt, implement and enforce an ordinance that prohibits the operation of any vehicle, including an off-highway vehicle, an all-terrain vehicle or an off-road recreational motor vehicle, on an unpaved surface that is not a public or private road, street or lawful easement and that is closed by the landowner by rule or regulation of a federal agency, this state, a county or a municipality or by proper posting if the land is private land.

B. This section does not apply to the operation of vehicles used in the normal course of business or the normal course of government operations.

C. This section does not prohibit or preempt the enforcement of any similar ordinance that is adopted by a city or town in area A, as defined in section 49-541, before March 31, 2008 for purposes of dust abatement.

D. A person who violates an ordinance adopted pursuant to subsection A of this section is guilty of a class 3 misdemeanor.

E. In addition to or in lieu of a fine pursuant to this section, a judge may order the person to perform at least eight but not more than twenty-four hours of community restitution or to complete an approved safety course related to the off-highway operation of motor vehicles, or both.
A.R.S. § 9-500.20 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.20
9-500.20 Outside emergency services; costs
Status: in_force

9-500.20. Outside emergency services; costs

A city or town may provide or assist in providing emergency fire or emergency medical services outside of its corporate limits, if those services are otherwise unavailable or are provided at the request of any law enforcement agency, fire district, fire department or private person, and may receive reimbursement for the costs of providing the emergency services.  The person receiving the services, or on whose behalf the services are provided, is liable to the city or town for the costs, and these costs constitute a debt of that person and may be collected by the city or town.  In this section the costs of providing emergency fire or medical services are those costs set forth in resolutions adopted by a city or town establishing fee schedules for emergency response, standby charges, fees for fire cause determination or any other fee that may be required or appropriate to provide emergency fire and medical services outside of its corporate limits.
A.R.S. § 9-409 — Arizona Code / Title 9 / Chapter 4 / Article 1 / Section 409
9-409 Condemnation actions; interest
Status: in_force

9-409. Condemnation actions; interest

Interest on a judgment in a condemnation proceeding instituted by the city or town, including interest that is payable pursuant to section 12-1123, subsection B, shall be calculated for each month or portion of a month that interest is owed and shall be either:

1. The prime rate charged by banks on short-term business loans as determined for publication in the bulletin of the board of governors of the federal reserve system, as of the first day of that month.

2. In the absence of a determination by the board of governors of the federal reserve system, calculated in the same manner based on comparable data as determined by the United States department of commerce, bureau of economic analysis, for publication in "survey of current business".

3. If the prime rate cannot be determined from publication as provided in paragraph 2, determined by a federal agency that is annually designated by the governing body of the city or town and that makes and publishes data sufficient to determine the prime rate of interest.
A.R.S. § 9-505 — Arizona Code / Title 9 / Chapter 5 / Article 1.1 / Section 505
9-505 Definitions
Status: in_force

9-505. Definitions

In this article, unless the context otherwise requires:

1. "Area of jurisdiction" means that part of a city or town, or that part of the unincorporated area of a county, or both when applied to a cable television system within parts of more than one jurisdiction, for which a license is issued.

2. "Cable operator" means a person that is issued a license by the licensing authority to construct, operate and maintain a cable television system in public streets, roads and alleys.

3. "Cable service" means the transmission to subscribers of video programming or other programming service and subscriber interaction, if any, that is required for the selection or use of the video programming or other programming service.

4. "Cable television system" means any facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community.  Cable television system does not include:

(a) A facility that serves fewer than fifty subscribers.

(b) A facility that serves subscribers without using any public street, road or alley.

(c) A facility that serves only to retransmit the television signals of one or more television broadcast stations.

(d) A facility of a common carrier that is subject, in whole or in part, to 47 United States Code sections 201 through 276, except that the facility is considered a cable television system, other than for purposes of 47 United States Code section 541(c), to the extent the facility is used in the transmission of video programming directly to subscribers, unless the extent of the use is solely to provide interactive on-demand services.

(e) An open video system that complies with 47 United States Code section 573.

(f) A facility of an electric utility that is used solely for operating its electric utility system.

5. "Existing cable television system" means a cable television system in operation on April 1, 1974, a cable television system under construction on April 1, 1974 or a cable television system which had received authorization for construction as of April 1, 1974.

6. "Gross revenues" means all cash, credits, property of any kind or nature, or other consideration, less related bad debt not to exceed one and one-half per cent annually, that is received directly or indirectly by the cable operator, its affiliates, subsidiaries or parent or any person, firm or corporation in which the cable operator has a financial interest or that has a financial interest in the cable operator and that is derived from the cable operator’s operation of its cable system to provide cable service in the area of jurisdiction.  Gross revenues include all revenue from charges for cable service to subscribers and all charges for installation, removal, connection or reinstatement of equipment necessary for a subscriber to receive cable service, and any other receipts from subscribers derived from operating the cable system to provide cable service, including receipts from forfeited deposits, sale or rental of equipment to provide cable service, late charges, interest and sale of program guides.  Gross revenues also include all income the cable operator receives from the lease of its facilities located in the public streets, roads and alleys, unless services that the lessee provides over the leased facilities are subject to a transaction privilege tax of the licensing authority.  Gross revenues do not include revenues from commercial advertising on the cable system, the use or lease of studio facilities of the cable system, the use or lease of leased access channels or bandwidth, the production of video programming by the cable operator, the sale, exchange, use or cablecast of any programming by the cable operator in the area of jurisdiction, sales to the cable operator’s subscribers by programmers of home shopping services, reimbursements paid by programmers for launch fees or marketing expense, license fees, taxes or other fees or charges that the cable operator 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 in respect of any stock or securities.

7. "Intergovernmental contract" means the joint exercise of powers authorized by title 11, chapter 7, article 3.

8. "License" means that ordinance or resolution which contains the right, authority or grant, given by a licensing authority enabling a person to construct, operate and maintain a cable television system.

9. "Licensing authority" means the board of supervisors of a county or the governing body of an incorporated city, including a charter city, or town.

10. "Other programming service" means information that a cable operator makes available to all subscribers generally.

11. "Video programming" means programming that is provided by, or generally comparable to programming provided by, a broadcast television station.
A.R.S. § 9-1103 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1103
9-1103 Survey and plat of townsite; recording
Status: in_force

9-1103. Survey and plat of townsite; recording

Within three months after the entry, the trustee shall cause the land to be surveyed and platted into blocks, lots, streets and alleys and a plat thereof made, conforming as near as possible to existing rights and claims of occupants. The plat shall be recorded in the office of the county recorder of the county in which the townsite is located.  Thereafter the streets and alleys designated in the plat shall remain permanently dedicated to the public use.
A.R.S. § 9-1441 — Arizona Code / Title 9 / Chapter 13 / Article 4 / Section 1441
9-1441 Management of highways; local governments; permits or licenses
Status: in_force

9-1441. Management of highways; local governments; permits or licenses

A. In managing a highway under local laws as prescribed in section 9-1411, subsection C, paragraph 9, a local government may manage the use of the highway, including all of the following:

1. Requiring a video service provider that is constructing, installing, working within, maintaining or repairing facilities in, on, under or over any highway to obtain a construction, encroachment or occupancy permit for the work.

2. Inspecting the construction, installation, maintenance or repair work performed on such facilities.

3. Limiting the installation of new aerial facilities.

B. If a video service provider requests a permit or inspection, the local government shall grant or deny the request within the time frame that the local government has in place under section 9-835.

C. If emergency response work or repair becomes necessary in, on, under or over any highway, a video service provider may begin that work or repair without prior approval from a local government if the video service provider notifies the local government as promptly as reasonably possible after learning that the work or repair is necessary.
A.R.S. § 9-241 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 241
9-241 Purchase and sale of property
Status: in_force

9-241. Purchase and sale of property

A. The corporation may purchase, receive, hold, lease and convey property, real and personal, necessary or proper to carry out the purposes of the corporation, within or without its limits.

B. Every conveyance of real property to the corporation shall be in its corporate name. Conveyances by the corporation shall be executed by the mayor with the advice and consent of the council, at a regular meeting thereof.

C. Real property of the corporation shall be sold as provided by section 9-402.
A.R.S. § 9-499.16 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.16
9-499.16 Energy and water savings accounts
Status: in_force

9-499.16. Energy and water savings accounts

A. The governing body of a city or town may establish an energy and water savings account that consists of a designated pool of capital investment monies to fund energy or water savings projects in public facilities.  A city or town may deposit in the account monies generated from the energy or water savings projects or measures implemented in public facilities.  A city or town may use monies in the energy and water savings account for payments under a contract entered into pursuant to section 34-105.

B. A city or town shall use monies deposited in an energy and water savings account as a designated pool of capital investment monies to pay for the incremental cost of energy or water savings measures in facilities that are owned by the city or town.  Any contract that is entered into pursuant to this section shall contain an agreement between the qualified provider and the energy or water services company that both parties have performed a reasonable investigation to determine that the measures contemplated by the contract will result in stated energy or water savings.  Contract terms shall not exceed twenty-five years.

C. A city or town shall use expenditures from an energy and water savings account only for the following:

1. Projects or measures pursuant to a contract pursuant to this section or section 34-105 that save energy or water in facilities that are owned by the city or town.  Monies may be used pursuant to this paragraph to provide technical assistance regarding energy or water savings to cities or towns by a qualified provider or energy or water services company.

2. Payment of principal, interest, related financing costs and prepayment premiums.

D. Before the implementation of the energy or water savings measures or services, the qualified provider or energy or water services company shall compute, and the city or town shall review and approve, the estimated amount of the energy or water savings and the associated impact on energy, water or other costs and revenue to be achieved by the city or town on an annual and monthly basis over the term of the contract and shall include these estimates in the contract.  The qualified provider and the city or town shall update the annual and monthly energy or water savings and associated cost impact estimates annually based on actual experience for the term of the contract.

E. Before the implementation of the energy or water savings measures or services, the qualified provider or financial institution, trustee or paying agent and the city or town shall jointly develop a schedule of monthly or another mutually agreed on interval of payments for the repayment of capital investment monies. The repayment schedule must result in lower energy, water or other costs or increased revenue, which shall include the total cost of all the installed energy or water savings measures for the city or town over the term of the contract, which shall not exceed twenty-five years.  The repayment schedule shall be included in the contract.

F. The city or town shall transfer the amount of the payment prescribed pursuant to subsection E of this section to the energy and water savings account from the maintenance and operation portion of the city's or town's budget to repay any unpaid balance of the capital investment previously deposited in the energy and water savings account from the qualified provider or energy or water services company plus a reasonable interest rate. For the period of time that the company's capital investment monies and reasonable interest rate remain unpaid, the qualified provider or energy or water services company shall provide a separate billing or billing component to repay the capital investment pursuant to the repayment schedule prescribed pursuant to subsection E of this section, which shall be paid by the city or town from the energy and water savings account.

G. After the balance of the qualified provider's or energy or water services company's capital investment monies deposited in the energy and water savings account plus a reasonable interest rate are repaid in full by the city or town, the city or town may discontinue the deposit in the energy and water savings account of amounts that are prescribed in subsection F of this section.

H. After the capital investment monies of the qualified provider or energy or water services company plus a reasonable interest rate are repaid in full, any monies associated with an energy or water savings project remaining in the energy and water savings account may be transferred to the maintenance and operation portion of the city's or town's budget.

I. A city or town may deposit energy-related rebate or grant monies in the energy and water savings account to assist in funding energy or water savings projects.  A city or town may use these rebate or grant monies to reduce the total cost of energy or water savings projects and to reduce the amount of capital investment monies received from and repaid to energy or water services companies.  A city or town is not required to repay the rebate or grant monies in the manner described in subsection F of this section pursuant to the agreements with the providers of rebate or grant funds.

J. A city or town may deposit monies from other funding sources in the energy and water savings account to fund energy or water saving projects in public facilities.  These monies shall be repaid in a manner consistent with this section and pursuant to the contract between the city or town and the provider of the funding.

K. This section does not impose an obligation on any energy utility, water utility, public service corporation or agricultural improvement district to invest monies or contract with any city or town.
A.R.S. § 9-461.07 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.07
9-461.07 Administration of general plan
Status: in_force

9-461.07. Administration of general plan

A. After the municipal legislative body has adopted a general plan, or amendment thereto, the planning agency shall undertake the following actions to encourage effectuation of the plan:

1. Investigate and make recommendations to the legislative body upon reasonable and practical means for putting into effect the general plan or part thereof in order that it will serve as a pattern and guide for the orderly growth and development of the municipality and as a basis for the efficient expenditure of its funds relating to the subjects of the general plan. The measures recommended may include plans, regulations, financial reports and capital budgets.

2. Render an annual report to the legislative body on the status of the plan and progress in its application.

3. Endeavor to promote public interest in and understanding of the general plan and regulations relating to it.

4. Consult and advise with public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens generally with relation to carrying out the general plan.

B. Upon adoption of a general plan or part thereof, each municipal officer, department, board or commission, and each governmental body, commission or board whose jurisdiction lies entirely or partially within the municipality, whose functions include recommending, preparing plans for or constructing major public works, shall submit to an agency, as designated by the respective municipal legislative body, a list of the proposed public works located entirely or partially within the municipality recommended for planning, initiation or construction during the ensuing fiscal year. The agency shall list and classify all such recommendations and shall prepare a coordinated program of proposed public works for the ensuing fiscal year. Such coordinated program shall be submitted to the municipal planning agency for review and report to such agency as to conformity with the adopted general plan or part thereof.

C. No public real property may be acquired by dedication or otherwise for street, square, park or other public purposes, no public real property may be disposed of, no public street may be vacated or abandoned and no public building or structure may be constructed or authorized, if an adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with such adopted general plan or part thereof. The planning agency shall render its report as to conformity with such adopted general plan or part thereof within forty days after the matter was submitted to it. The provisions of this subsection do not apply to acquisitions or abandonments for street widening or alignment projects of a minor nature if the legislative body so provides by ordinance or resolution.
A.R.S. § 9-1411 — Arizona Code / Title 9 / Chapter 13 / Article 2 / Section 1411
9-1411 Local governments; uniform video service license agreements; forms; provisions
Status: in_force

9-1411. Local governments; uniform video service license agreements; forms; provisions

A. From and after December 31, 2019, a local government has the exclusive authority to issue a uniform video service license to a person to provide video service and to construct and operate a video service network in any service area within its boundaries.

B. On or before July 1, 2019, each local government shall adopt a standard form of uniform video service license agreement for video service providers to be used by the local government and a standard form of application and affidavit as described in section 9-1414. A local government shall prescribe other forms only as necessary to implement this chapter.

C. The uniform video service license agreement adopted under subsection B of this section must include all of the following provisions in substantially the following form and may not include any other provisions:

1. The name of the video service provider, its type of entity and its jurisdiction of formation.

2. The address and telephone number of the video service provider's principal place of business.

3. The name and address of the video service provider's principal executive officers or general partners and any persons authorized to represent the video service provider before the local government.

4. If the video service provider is not an incumbent cable operator, the date on which the provider expects to provide video service in the area identified under paragraph 5 of this subsection.

5. An exact description of the service area to be served, as identified by a geographic information system digital boundary that meets or exceeds national map accuracy standards.

6. A requirement that the video service provider pay the license fees required under this chapter and all other lawful fees and charges imposed by the local government.

7. A requirement that the video service provider file in a timely manner with the federal communications commission all forms required by that agency before offering video service in the service area, including the forms required by 47 Code of Federal Regulations section 76.1801.

8. A requirement that the video service provider agrees to comply with and be subject to all valid and enforceable federal and state laws.

9. A requirement that the video service provider agrees to comply with all generally applicable, nondiscriminatory local laws, including highway use, mapping, insurance, performance bonds, security fund, indemnification, letters of credit or similar requirements that apply to the use and occupation of any highway and that conform to this chapter.

10. A requirement that the video service provider comply with the public, education and government programming requirements of this chapter.

11. A requirement that the video service provider comply with all customer service rules of the federal communications commission under 47 Code of Federal Regulations section 76.309(c) applicable to cable operators.

12. A requirement that the video service provider comply with the consumer privacy requirements of 47 United States Code section 551 applicable to cable operators.

13. A grant of authority by the local government to provide video service in the service area as described under paragraph 5 of this subsection.

14. A grant of authority by the local government to use and occupy the highways in the delivery of the video service, subject to the laws of this state and the police powers of the local government.

15. The term of the uniform video service license.

16. A requirement that the parties to the agreement are subject to and must comply with this chapter.

D. Except as otherwise provided in this chapter, from and after December 31, 2019 a person may not act as a video service provider or construct or operate a video service network within the boundaries of a local government without first having been issued and continuing to hold a uniform video service license with a service area encompassing the boundaries.

E. A local license shall remain enforceable in accordance with its terms until terminated under section 9-1412, subsection B.
A.R.S. § 9-461.12 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.12
9-461.12 Joint action; cooperation with state agencies; land and facilities use
Status: in_force

9-461.12. Joint action; cooperation with state agencies; land and facilities use

A. Municipal and county planning commissions may upon approval of their respective legislative bodies hold joint meetings concerning matters and problems which are common or impacting upon such jurisdictions.

B. Counties and municipal planning commissions, or any combination thereof, may make cooperative arrangements for a joint director of planning and for such other employees as may be required to operate a joint staff and may contract to render technical service to another commission in the same area. Such arrangements or contracts shall be approved by the legislative bodies having jurisdiction thereof.

C. State departments, agencies, boards or commissions or any political subdivision intending to acquire, dispose of, or construct upon any real property within a municipality shall, prior to such acquisition, disposal, or construction, notify the affected municipality and cooperate to the fullest extent possible to insure conformity with the adopted general plan or part thereof.

D. A county may enter into intergovernmental agreements under the provisions of title 11, chapter 7, article 3 with state departments, agencies, boards or commissions or with Indian tribes to jointly exercise powers relating to:

1. The means of applying county land use regulations, including zoning and subdivision standards, to projects developed by lessees and transferees of agencies and tribes.

2. The means of applying county adequate public facilities regulations pertaining to water, sewer, drainage, roads, parks and public safety, including dedication and construction requirements and development fees, to projects developed by lessees and transferees of agencies and Indian tribes.
A.R.S. § 9-485 — Arizona Code / Title 9 / Chapter 4 / Article 7.2 / Section 485
9-485 Definitions
Status: in_force

9-485. Definitions

In this article, unless the context otherwise requires:

1. "Mobile food unit" means a food establishment that is licensed by this state, that is readily movable and that dispenses food or beverages for immediate service and consumption and other incidental retail items from any vehicle as defined in section 28-101.

2. "Mobile food vendor" means any person who owns, controls, manages or leases a mobile food unit or contracts with a person to prepare foods and vend from, drive or operate a mobile food unit.
A.R.S. § 9-926 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 926
9-926 Computation of pension upon permanent or temporary retirement for injury or disease
Status: in_force

9-926. Computation of pension upon permanent or temporary retirement for injury or disease

A. Any member who has served in the department an aggregate of five years, and who, within the hours he is required to be on active duty, and while engaged in the performance of his duty, contracts a disease or sustains an injury due to his occupation, not compensable under the workers' compensation law, and is found, upon physical examination held as provided in section 9-932, to be unfit physically or mentally for police service by reason of the disease or injury, shall, if the disability is permanent, be retired, and shall be paid, during his lifetime, a monthly pension equal to fifty per cent of the average monthly compensation received by him during the period of five years immediately prior to the order of retirement.

B. If the disability resulting from the disease or injury is temporary, he shall be temporarily retired, and shall be paid, during the period of retirement, one-half the monthly compensation being received by him at the time of his retirement, and he shall submit to a physical examination every six months from the date of retirement, or more often if required by the board, in order to be eligible for the temporary pension.
A.R.S. § 9-932 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 932
9-932 Physical examination of active or temporarily retired member
Status: in_force

9-932. Physical examination of active or temporarily retired member

A member, whether active or temporarily retired, ordered by the board to undergo a physical examination, shall submit himself for examination before the chief medical officer of the municipality, or such other regularly licensed and practicing physician as the board designates, but the member shall have the right to be represented at the examination by a physician of his own choice, whose fee shall be paid from the fund.
A.R.S. § 9-954 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 954
9-954 Board of trustees of fund; membership
Status: in_force

9-954. Board of trustees of fund; membership

A. The mayor or the mayor's designee, the fire chief, the elected chief and secretary-treasurer of a fire district or, if administered by a district board, a board member and the fire chief, four members elected from the fire department or from the fire district and one lay member appointed by the city, town or district constitute the board of trustees of the fire fighters' relief and pension fund for that incorporated city or town or fire district. The board of trustees shall provide for the disbursement of the fund and designate the beneficiaries of the fund as directed in this article.

B. The fire department of each incorporated city or town and each fire district shall elect by ballot from its membership four members of the board of trustees, or number of members as, when added to the incumbent members thereof, will constitute four members in addition to the chief. If two members in addition to the chief are already on the board of trustees, two additional members shall be elected to hold office for the same respective terms as the two incumbent members. At the expiration of the two shorter terms, and thereafter biennially, two members shall be elected for terms of four years each.

C. For an incorporated city or town, the mayor, with the council's consent, shall appoint lay members to fill the elected positions on the board when active volunteers are no longer available. For a fire district, the fire chief, with district board consent, shall appoint lay members to fill the elected positions on the board when active volunteers are no longer available.
A.R.S. § 9-804 — Arizona Code / Title 9 / Chapter 7 / Article 1 / Section 804
9-804 Ratification of certain enactments by reference
Status: in_force

9-804. Ratification of certain enactments by reference

The enactment of any municipality which has adopted a code or public record by reference thereto prior to March 29, 1951 is ratified and declared effective upon the filing of three copies of the code or public record with the clerk of the municipality.
A.R.S. § 9-841 — Arizona Code / Title 9 / Chapter 7 / Article 4 / Section 841
9-841 Limitation on regulatory actions; health, safety and welfare; goods and services; definitions
Status: in_force

9-841. Limitation on regulatory actions; health, safety and welfare; goods and services; definitions

A. Unless authorized by federal, state or local law a city or town may not take any action that materially increases the regulatory burdens on a business unless there is a threat to the health, safety and welfare of the public that has not been addressed by legislation or industry regulation within the proposed regulated field.

B. Unless authorized by federal, state or local law, a city or town may not apply a regulation to a qualified marketplace platform if the purpose of that regulation is to regulate a business that provides goods or services directly to the customer.

C. For the purposes of this section:

1. "Qualified marketplace contractor" means any person or organization, including an individual, corporation, limited liability company, partnership, sole proprietor or other entity, that enters into an agreement with a qualified marketplace platform to use the qualified marketplace platform's digital platform to provide goods or services to third-party individuals or entities seeking those services.

2. "Qualified marketplace platform" means an organization, including a corporation, limited liability company, partnership, sole proprietor or any other entity, that operates a digital platform that facilitates the provision of goods or services by qualified marketplace contractors to third-party individuals or entities seeking those goods or services.
A.R.S. § 9-499.15 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.15
9-499.15 Proposed new or increased municipal taxes and fees; notification; exceptions
Status: in_force

9-499.15. Proposed new or increased municipal taxes and fees; notification; exceptions

A. A municipality may not levy or assess any new taxes or fees or increase existing taxes or fees pursuant to statute on a business without complying with this section.

B. A municipality that proposes to levy or assess a tax or fee shall:

1. Prepare a schedule of the proposed new or increased tax or fee that includes the amount of the tax or fee and a written report or data that supports the new or increased tax or fee.  A copy of the report or data shall be filed in the office of the clerk of the municipality.

2. If the proposed tax or fee is a new charge, provide written notice of the proposed charge, the schedule of the proposed new charge and the written report or data that supports the new charge on the home page of the municipality's website at least sixty days before the date the proposed new tax or fee is approved or rejected by the governing body of the municipality.

3. If the municipality proposes to increase the rate of an existing tax or fee on a business, provide written notice of the proposed increase, the schedule of the proposed increased tax or fee and the written report or data that supports the proposed increased tax or fee on the home page of the municipality's website at least sixty days before the date the proposed new rate is approved or rejected by the governing body of the municipality.

4. Prepare a notice of intent to establish or increase taxes, assessments or fees including assessments levied pursuant to section 48-572, subsection B, paragraph 2.  The notice of intent shall include the date, time and place of the meeting of the governing body of the municipality in which the proposed new or increased tax or fee will be considered and a statement that a schedule of the proposed new or increased tax or fee that includes the amount of the tax or fee and a written report or data that supports the new or increased tax or fee is available on the municipality's website. The notice of intent shall be posted on the municipality's website at least fifteen days before the date the proposed new or increased tax or fee will be approved or rejected by the governing body of the municipality.  If the municipality uses social media or other electronic communication tools, the notice of intent shall be distributed through the municipality's social media accounts or other electronic communication tools.

C. At least seventy-five days before the date a municipality proposes an ordinance to adopt or repeal a model or local option in the model city tax code, the municipality shall request from the department of revenue a list of all taxpayers within the municipality in the affected tax classification. At least sixty days before the date the proposed ordinance is approved or rejected by the governing body of the municipality, the municipality shall notify by mail all taxpayers in the affected tax classification of the proposed ordinance.

D. Subsection C of this section does not apply to ordinances that do either of the following:

1. Impose a use tax or a model or local option to exempt a city or town from use tax.

2. Impose a two-tiered tax rate structure for retail sales.

E. All departments, boards or other subdivisions of a municipality that are authorized to establish or modify taxes or fees shall follow the notice requirements prescribed in subsection B of this section before the date of the entity's consideration of the new or increased tax or fee.

F. Technological issues that either prevent the posting of the notice on the municipality's website or distribution of the notice through social media or other electronic communication tools do not preclude the governing body of the municipality from approving or rejecting the new or increased tax or fee at the meeting provided on the notice of intent.

G. A municipality shall demonstrate that the taxes or fees are imposed pursuant to statute.

H. Subsections A and B of this section do not apply to:

1. Any fee adopted pursuant to section 9-463.05.

2. Water and wastewater rates or rate components.

3. Fees for registration-based classes, programs or activities provided by the municipality.

4. Court fees established pursuant to state law.

5. Fees or charges established pursuant to federal law for public housing or other federally funded programs.

6. Other fees whose amounts are set by state or federal law.

I. If information is made available relating to the fees provided in subsection H of this section, that information shall be posted on the municipality's website and, if the municipality uses social media or other electronic communication tools, distributed through social media or other electronic communication tools.

J. In addition to any other limitation that may be imposed by law, a municipality shall not levy or impose an assessment, fee or tax on hospital revenues, discharges, beds or services for the purpose of receiving services or payments pursuant to title 36, chapter 29.
A.R.S. § 9-596 — Arizona Code / Title 9 / Chapter 5 / Article 8 / Section 596
9-596 Scope of local authority
Status: in_force

9-596. Scope of local authority

A. Subject to this article and applicable federal law, an authority may exercise zoning, land use, planning and permitting authority and the authority's police power within the authority's territorial boundaries, including for the installation, modification and replacement of wireless support structures and utility poles.

B. An authority does not have any jurisdiction or authority over the design, engineering, construction, installation or operation of any small wireless facility located in an interior structure or on the site of any campus, stadium or athletic facility that is not owned or controlled by the authority, other than to require compliance with applicable codes.

C. This article does not authorize this state or any political subdivision of this state, including an authority, to require small wireless facility deployment or to regulate wireless services.

D. If an authority determines that a utility pole, monopole or wireless support structure of a wireless provider will be relocated to accommodate a public project, all wireless facilities deployed on such utility pole, monopole or wireless support structure shall be relocated at no cost to the authority.
A.R.S. § 9-401 — Arizona Code / Title 9 / Chapter 4 / Article 1 / Section 401
9-401 Acquisition of land by city; extent and notice of city jurisdiction
Status: in_force

9-401. Acquisition of land by city; extent and notice of city jurisdiction

A. A city or town may purchase, lease or rent land, whether contiguous or noncontiguous, lying outside its corporate limits, for its purposes and uses, and any violation of an ordinance of the city or town occurring within the territorial limits of the land may be punished by the city or town having control thereof to the same extent and with like effect as if the violation occurred within the corporate limits.

B. At any point at which a public road enters land purchased, leased or rented as provided by subsection A, the city or town having control thereof shall erect and maintain a sign, not less than eighteen inches by three feet in size, containing a warning notice in bold letters that the area being entered is subject to the jurisdiction of the city or town.
A.R.S. § 9-250 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 250
9-250 Violation of provisions relating to warrants; classification
Status: in_force

9-250. Violation of provisions relating to warrants; classification

An officer of a town who violates any provision of sections 9-247, 9-248 or 9-249 is guilty of a petty offense.
A.R.S. § 9-432 — Arizona Code / Title 9 / Chapter 4 / Article 3 / Section 432
9-432 Remote municipal property as water source; payments in lieu of property taxes required to transport water
Status: in_force

9-432. Remote municipal property as water source; payments in lieu of property taxes required to transport water

A. In exercising the powers granted by this title or by charter, a city, town or successor political subdivision, acting through its governing body, may make voluntary contributions of money to this state in lieu of taxes otherwise levied by taxing jurisdictions on any of the city's, town's or political subdivision's remote municipal property, as defined in section 42-15251.

B. Water may not be transported by a city, town or political subdivision from the remote municipal property unless voluntary contributions under this article are current and have been paid, together with any applicable penalties and interest, in the amount determined under section 42-15253, beginning with the year in which the property was purchased or January 1, 1992, whichever is later.

C. The city or town may alienate all or part of its interest in the remote municipal property at any time, and if it does so, the city or town shall terminate its payments under this article with respect to the alienated property. If the city or town conveys all or part of its interest in the remote municipal property to another political subdivision, the political subdivision shall continue the payments under this article with respect to the transferred property.
A.R.S. § 9-1433 — Arizona Code / Title 9 / Chapter 13 / Article 3 / Section 1433
9-1433 Nondiscriminatory manner; compliance with standards and federal law
Status: in_force

9-1433. Nondiscriminatory manner; compliance with standards and federal law

A. A video service provider shall activate and offer video service in a nondiscriminatory manner within each service area and may not deny access to video service to any group of potential residential subscribers within a particular part of a service area because of the income profile of the persons who reside in that part of the service area.

B. In providing video service, a video service provider shall comply with all of the following:

1. 47 United States Code section 551.

2. All engineering and safety codes applicable to the video service provider's construction practices and installation of equipment.

3. Any technical standards governing the design, construction and operation of a video service network required by federal law.

4. 47 Code of Federal Regulations part 11, as adopted and as may be amended by the federal communications commission, to the extent those provisions require a video service provider to participate in the emergency alert system.

5. 47 Code of Federal Regulations sections 76.309, 76.1601, 76.1602, 76.1603, 76.1604, 76.1618, 76.1619, 76.1620, 76.1621 and 76.1622, as adopted and as may be amended by the federal communications commission, on standards governing the quality of video service and subscriber service. A video service provider may not be required to comply with any subscriber service standards that are more burdensome than those set forth in this paragraph.
A.R.S. § 9-602 — Arizona Code / Title 9 / Chapter 6 / Article 1 / Section 602
9-602 Fund operation
Status: in_force

9-602. Fund operation

A. The Arizona convention center development fund consists of monies deposited pursuant to sections 42-5029 and 42-5030.

B. The state treasurer shall administer the fund.  The state treasurer shall invest and divest monies in the fund as provided by section 35-313 as needed to facilitate distributions from the fund, and monies earned from investment shall be credited to the fund.

C. On or before August 1 of each year, the state treasurer shall distribute the amounts computed in subsection D of this section to each eligible city that has filed a certificate of completion of construction pursuant to section 9-622 for each eligible project under section 9-605.

D. The amount to be distributed pursuant to subsection C of this section shall be computed by dividing the total cost of the eligible project not funded from municipal sources as identified in the certificate of completion of construction filed pursuant to section 9-622 by three hundred million and multiplying the quotient by the following amounts:

1. In fiscal year 2009-2010, five million dollars.

2. In fiscal year 2010-2011, ten million dollars.

3. In fiscal year 2011-2012, zero dollars.

4. In fiscal year 2012-2013, $5,595,000.

5. In fiscal years 2013-2014, 2014-2015, 2015-2016 and 2016-2017, $20,449,000.

6. In fiscal year 2017-2018, $22,499,000.

7. In fiscal year 2018-2019, $22,996,250.

8. In fiscal year 2019-2020, $23,499,950.

9. In fiscal year 2020-2021, $23,997,900.

10. In fiscal year 2021-2022, $24,498,450.

11. In fiscal year 2022-2023, $24,999,400.

12. In fiscal year 2023-2024, $25,498,550.

13. In fiscal year 2024-2025, $25,998,700.

14. In fiscal year 2025-2026, $26,497,375.

15. In fiscal year 2026-2027, $26,997,100.

16. In fiscal year 2027-2028, $27,495,125.

17. In fiscal year 2028-2029, $27,998,700.

18. In fiscal year 2029-2030, $28,499,525.

19. In fiscal year 2030-2031, $28,999,575.

20. In fiscal year 2031-2032, $29,495,550.

21. In fiscal year 2032-2033, $29,999,150.

22. In fiscal year 2033-2034, $29,996,250.

23. In fiscal year 2034-2035, $29,995,775.

24. In fiscal year 2035-2036, $29,999,975.

25. In fiscal year 2036-2037, $29,995,825.

26. In fiscal year 2037-2038, $29,995,850.

27. In fiscal year 2038-2039, $29,996,750.

28. In fiscal year 2039-2040, $29,995,225.

29. In fiscal year 2040-2041, $29,997,975.

30. In fiscal year 2041-2042, $29,996,150.

31. In fiscal year 2042-2043, $29,996,175.

32. In fiscal year 2043-2044, $29,998,925.

E. If sufficient distributions have been made to provide for all of the uses of the fund monies pursuant to section 9-603 for an eligible project, the chief financial officer of the eligible city shall certify to the state treasurer that no additional distributions are required for the project, and on receiving the certification the state treasurer shall make no further distributions to the city for that project.

F. After the distributions required by subsection C of this section, any monies remaining in the fund on receipt of the certification of satisfaction of annual obligations pursuant to section 9-623, or on the first Monday in August if a certificate of completion of construction has not been previously filed pursuant to section 9-622, shall be transferred to the state general fund.
A.R.S. § 9-452 — Arizona Code / Title 9 / Chapter 4 / Article 5 / Section 452
9-452 Conveyance of title to vacated cemetery
Status: in_force

9-452. Conveyance of title to vacated cemetery

When the title to the cemetery or ground vacated is vested in the townsite trustee, or in a trustee for cemetery purposes, it shall be conveyed to the city or town, and used for such public purposes as the common council may direct.
A.R.S. § 9-1417 — Arizona Code / Title 9 / Chapter 13 / Article 2 / Section 1417
9-1417 Termination of service
Status: in_force

9-1417. Termination of service

A. To terminate the authority to provide video service to an existing service area authorized under the uniform video service license, the holder of the uniform video service license shall file with the clerk of the local government written notice of the termination.

B. The holder may terminate service on and after the date that the holder files the written notice with the clerk of the local government.

C. The holder shall:

1. Comply with applicable federal laws, including rules and regulations of the federal communications commission.

2. Give all affected subscribers and local governments notice at least ninety days before termination of service in all of a service area that consists of the boundaries of the local government.
A.R.S. § 9-499 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499
9-499 Removal of rubbish, trash, weeds, filth, debris and dilapidated buildings; removal by city; costs assessed; collection; priority of assessment; responsibility of payment; definitions
Status: in_force

9-499. Removal of rubbish, trash, weeds, filth, debris and dilapidated buildings; removal by city; costs assessed; collection; priority of assessment; responsibility of payment; definitions

A. The governing body of a city or town, by ordinance, shall compel the owner, lessee or occupant of property to remove from the property and its contiguous sidewalks, streets and alleys any rubbish, trash, weeds or other accumulation of filth, debris or dilapidated buildings that constitute a hazard to public health and safety. An ordinance shall require:

1. Written notice to the owner, the owner's authorized agent or the owner's statutory agent and to the occupant or lessee. The notice shall be served either by personal service or by certified mail.  If notice is served by certified mail, the notice shall be mailed to the last known address of the owner, the owner's authorized agent or the owner's statutory agent and to the address to which the tax bill for the property was last mailed. The notice shall be given not less than thirty days before the day set for compliance and shall include the legal description of the property and the cost of such removal to the city or town if the owner, occupant or lessee does not comply. The owner shall be given not less than thirty days to comply.  The city or town may record the notice in the county recorder's office in the county in which the property is located. If the notice is recorded and compliance with the notice is subsequently satisfied, the city or town shall record a release of the notice.

2. Provisions for appeal on both the notice and the assessments, unless the removal or abatement is ordered by a court.

3. That any person that recklessly places or causes to be placed any rubbish, trash, filth or debris on any property not owned or under the control of that person:

(a) Is guilty of a class 1 misdemeanor or a civil violation unless that person immediately removes or causes to be removed the rubbish, trash, filth or debris from that property.  One hundred percent of any assessed fine or civil penalty shall be deposited in the general fund of the city or town in which the fine or civil penalty was assessed.  At least fifty percent of the fine or civil penalty shall be used by the city or town for the purposes of illegal dumping cleanup.

(b) In addition to any fine or penalty imposed for a violation of this section, is liable for all costs that may be assessed pursuant to this section for removing, abating or enjoining the rubbish, trash, filth or debris and for all costs incurred by the owner, lessee, occupant or lienholder of the property in the removal and disposal of the rubbish, trash, filth or debris.

(c) If required to remove any rubbish, trash, filth or debris pursuant to this section, shall provide the city or town with a receipt from a disposal facility or other documentation evidencing lawful disposal of the rubbish, trash, filth or debris.

B. Any person that places or causes to be placed any rubbish, trash, filth or debris on any property that is more than forty acres in size and that is not owned or under the control of that person retains ownership of the rubbish, trash, filth or debris until the person lawfully disposes of the rubbish, trash, filth or debris.

C. The ordinance may provide that if any person with an interest in the property, including an owner, lienholder, lessee or occupant, after notice as required by subsection A, paragraph 1 of this section does not remove or cause to be removed the rubbish, trash, weeds, filth, debris or dilapidated buildings and abate the condition that constitutes a hazard to public health and safety, the city or town may remove, abate, enjoin or cause their removal.

D. The governing body of the city or town may prescribe by ordinance a procedure for the removal or abatement, and for making the actual cost of the removal or abatement, including the actual costs of any additional inspection and other incidental connected costs, an assessment on the property from which the rubbish, trash, weeds, buildings or other accumulations are removed or abated.

E. The ordinance may provide that the cost of removal, abatement or injunction of the rubbish, trash, weeds, filth, debris or dilapidated buildings from any property, and associated legal costs for abatement or injunctions, shall be assessed on the property from which the rubbish, trash, weeds, accumulations or dilapidated buildings are removed, abated or enjoined. The city or town may record the assessment in the county recorder's office in the county in which the property is located, including the date and amount of the assessment, the legal description of the property and the name of the city or town imposing the assessment.  Any assessment recorded after July 15, 1996 is prior and superior to all other liens, obligations, mortgages or other encumbrances, except liens for general taxes. A sale of the property to satisfy an assessment obtained under this section shall be made on judgment of foreclosure and order of sale.  A city or town shall have the right to bring an action to enforce the assessment in the superior court in the county in which the property is located at any time after the recording of the assessment, but failure to enforce the assessment by such action shall not affect its validity.  The recorded assessment is prima facie evidence of the truth of all matters recited in the assessment and of the regularity of all proceedings before the recording of the assessment. The assessment provided for in this subsection shall not be levied against state or federal property.

F. Assessments that are imposed under this section run against the property until paid and are due and payable in equal annual installments as follows:

1. Assessments of less than $500 shall be paid within one year after the assessment is recorded.

2. Assessments of $500 or more but less than $1,000 shall be paid within two years after the assessment is recorded.

3. Assessments of $1,000 or more but less than $5,000 shall be paid within three years after the assessment is recorded.

4. Assessments of $5,000 or more but less than $10,000 shall be paid within six years after the assessment is recorded.

5. Assessments of $10,000 or more shall be paid within ten years after the assessment is recorded.

G. An assessment that is past due accrues interest at the rate prescribed by section 44-1201.

H. A prior assessment for the purposes provided in this section shall not be a bar to a subsequent assessment or assessments for these purposes, and any number of assessments on the same property may be enforced in the same action.

I. This section applies to all cities and towns organized and operating under the general law of this state, and cities and towns organized and operating under a special act or charter.

J. Notwithstanding subsection F of this section, for residential property of four or fewer units, a city or town may not require payment of the assessments imposed under this section by the homeowner if the property was serving as a rental and had a tenant during the time of the removal of the rubbish, trash, filth or debris.

K. The governing body of a city or town may not impose a fine, penalty or assessment for a violation of this section until the notice requirement of subsection A, paragraph 1 of this section has been met and the time to request an appeal of the notice and the assessment as required pursuant to subsection A, paragraph 2 of this section has elapsed.

L. For the purposes of this section:

1. "Dilapidated building" means any real property structure that is likely to burn or collapse and its condition endangers the life, health, safety or property of the public.

2. Owner does not include a state or federal landowner.

3. "Property" includes real property and structures on the real property.
A.R.S. § 9-552 — Arizona Code / Title 9 / Chapter 5 / Article 4 / Section 552
9-552 Authority to issue license
Status: in_force

9-552. Authority to issue license

A. For the purpose of authorizing and regulating the construction, operation and maintenance of industrial gas pipelines, the licensing authority of a city or town for an incorporated area, or the licensing authority of a county for an unincorporated area, either individually or jointly by intergovernmental contract, may issue a license to any person to use public streets, roads and alleys and shall impose conditions, restrictions and limitations upon the use of the public streets, roads and alleys and upon the construction, operation and maintenance of industrial gas pipelines.

B. The licensing authority may adopt resolutions or ordinances implementing and controlling the license or joint license. The license issued by a licensing authority may contain provisions and may establish a permit fee.
A.R.S. § 9-451 — Arizona Code / Title 9 / Chapter 4 / Article 5 / Section 451
9-451 Procedure for vacating cemeteries
Status: in_force

9-451. Procedure for vacating cemeteries

A. When a cemetery or ground used as a cemetery within the corporate limits of a city or town has been abandoned and ceases to be used for such purposes, or when in the judgment of the governing body of the city or town, the cemetery or ground so used is unfit or unsuited for cemetery purposes, or becomes obnoxious, or can be used for other public purposes to better advantage, the governing body may by resolution direct that the cemetery or ground used as a cemetery be vacated.

B. Upon the passage of an ordinance or resolution vacating a cemetery, public notice thereof shall be published in the official newspaper of the city or town for at least four consecutive weeks.

C. If, within six months from the date of the first publication of notice, the remains of any person buried within the cemetery are claimed by a relative of the person for reburial, the remains shall be delivered to the relative.

D. At the expiration of the six months period, the remains of persons buried in the cemetery which can be identified or which have monuments or gravestones at the respective graves and which have not been claimed by relatives shall be removed to some other cemetery or suitable place, and all monuments and gravestones shall also be removed, replaced and reset at the respective graves as before removal. In addition, each grave shall be numbered in numerical order, the numbers to be carved on a suitable slab of stone or hardwood and placed at the foot of the grave, and a list of the names of those buried and the number of the grave in which the remains rest shall be recorded in the office of the city or town clerk, the expense thereof to be paid by the city or town.

E. At the expiration of six months after notice, the governing body may order that the remains of persons which have not been claimed and cannot be identified and have no monuments or gravestones at the graves, be removed and buried as set forth in this section, or be removed and cremated, or left in the vacated cemetery and the surface of the ground leveled.

F. When a cemetery which is the property of a municipal corporation is vacated or partially vacated, the cemetery shall be used as a public park.

G. A map or plat shall be recorded in the office of the city or town clerk showing the exact location in the cemetery of the remains of persons remaining in the cemetery. A monument shall be erected in some suitable location bearing the names, if possible, of the persons whose remains are allowed to remain in the cemetery.
A.R.S. § 9-461.09 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.09
9-461.09 Procedure for adoption of specific plans and regulations
Status: in_force

9-461.09. Procedure for adoption of specific plans and regulations

A. If a municipality has a planning commission, the planning commission shall hold at least one public hearing on a specific plan or regulation prior to any hearing by the legislative body. Notice of the time and place of such hearing shall be given at least fifteen and not more than thirty calendar days before the hearing by:

1. Publication at least once in a newspaper of general circulation published or circulated in the municipality, or if there is none, by posting in at least ten public places in the municipality.

2. Such other manner in addition to publication as the municipality may deem necessary or desirable.

B. A copy of any specific plan, regulation or amendment together with the recommendation of the planning commission shall be submitted to the legislative body accompanied by a statement of the planning commission's reasons for such recommendation.

C. Upon receipt of a copy of any proposed specific plan, regulation or amendment of such plan or regulation, the legislative body may by ordinance or resolution adopt the plan or regulation. Before adopting the proposed specific plan or regulation, the legislative body shall hold at least one public hearing. Notice of the time and place of such hearing shall be given in the time and manner provided for the giving of notice of the hearing by the planning commission as provided in subsection A. The specific plan or regulation, as adopted, shall be designated as a specific plan or regulation.

D. If the municipality does not have a planning commission, the only procedural steps required for the adoption of a specific plan, regulation or any amendment to a specific plan or regulation are those provided in this article for action by the legislative body.
A.R.S. § 9-919 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 919
9-919 Organizational meeting
Status: in_force

9-919. Organizational meeting

Within one week after declaration of the result of the first election held as prescribed in section 9-914, the chairman ex officio of the board shall call a meeting for the purpose of organization, the adoption of rules and such other action as may be necessary to carry out the purposes of this article.
A.R.S. § 9-511.01 — Arizona Code / Title 9 / Chapter 5 / Article 2 / Section 511.01
9-511.01 Water and wastewater business; rates; procedures; responsibility for payments
Status: in_force

9-511.01. Water and wastewater business; rates; procedures; responsibility for payments

A. A municipality engaging in a domestic water or wastewater business shall not increase any water or wastewater rate or rate component, fee or service charge without complying with the following:

1. Prepare a written report or supply data supporting the increased rate or rate component, fee or service charge. The report or supporting data shall include cash flow projections that indicate all anticipated revenues from residential and nonresidential customers and the overall expenses for providing water or wastewater service.  A copy of the report and cash flow projections shall be made available to the public by filing a copy in the office of the clerk of the municipality governing board and posting the report and cash flow projections on the municipality's website or the website of an association of cities and towns if the municipality does not have a website at least thirty days before the public hearing described in paragraph 2 of this subsection.

2. Adopt a notice of intention by motion at a regular council meeting to increase water or wastewater rates or rate components, fees or service charges and set a date for a public hearing on the proposed increase that shall be held at least sixty days after adoption of the notice of intention. A copy of the notice of intention showing the date, time and place of the hearing shall be published one time in a newspaper of general circulation within the boundaries of the municipality not less than twenty days before the public hearing date.

B. After holding the public hearing, the governing body may adopt, by ordinance or resolution, the proposed rate or rate component, fee or service charge increase or any lesser increase.

C. Notwithstanding section 19-142, subsection B, the increased rate or rate component, fee or service charge shall become effective thirty days after adoption of the ordinance or resolution.

D. Any proposed water or wastewater rate or rate component, fee or service charge adjustment or increase shall be just and reasonable.

E. Rates and charges demanded or received by municipalities for water and wastewater service shall be just and reasonable. Every unjust or unreasonable rate or charge demanded or received by a municipality is prohibited and unlawful.

F. A municipality may not assess or collect a fee on new water or wastewater service connections at the time of the establishment of service to those connections for the purpose of recovering the municipality's costs of acquiring, whether by purchase or by eminent domain, the utility plant, facilities, system or other property of a public service corporation or another municipality engaged in the business of providing water or wastewater service. This subsection does not apply to water or wastewater fees adopted before January 1, 2016 or to water or wastewater fees included in a notice of intent to adopt or increase water or wastewater rates and fees adopted before January 1, 2016.

G. For residential property of four or fewer units, a municipality shall not require payment of unpaid water and wastewater service rates and charges by anyone other than the person who the municipality has contracted with to provide the service, who physically resides or resided at the property and who receives or received the service.  A property owner, an immediate family member of the person who does not reside at the property or any other entity, at its sole discretion, may contract for water and wastewater service with a municipality and shall provide payment.

H. For residential property of four or fewer units, a municipality shall not refuse service within the municipality's service area for the unpaid water and wastewater rates and charges to anyone other than the person who physically resided and received the service at the property. A property owner, at the owner's sole discretion, may contract for water and wastewater service with a municipality and shall provide payment for that service.
A.R.S. § 9-1413 — Arizona Code / Title 9 / Chapter 13 / Article 2 / Section 1413
9-1413 Incumbent cable operator; procedure to continue operating under local license
Status: in_force

9-1413. Incumbent cable operator; procedure to continue operating under local license

A. If an incumbent cable operator does not timely elect to terminate a local license for a service area pursuant to section 9-1412, subsection B, the person shall continue to operate the cable system as a holdover cable operator within the service area defined in the local license and shall comply with the local license for as long as it remains in effect for the service area. The local license is not effective for the service area from and after the date the local license expires by its terms. The local government may not unilaterally renew or extend the term of the local license for the service area. The local government and the holdover cable operator shall comply with all of the following, which shall continue to apply to the local license:

1. Chapter 5, article 1.1 of this title.

2. Section 9-584.

3. Chapter 5, article 8 of this title.

4. Title 11, chapter 13, article 1.

B. To operate within a service area from and after the date the local license expires, the holdover cable operator must apply for and obtain a uniform video service license in the same manner as any other video service provider.

C. If a holdover cable operator is issued a uniform video service license with a service area that includes the service area defined under the local license while operating pursuant to the local license under subsection A of this section, the uniform video service license does not become effective until the local license expires.

D. A holdover cable operator that elects to apply for a uniform video service license shall do so at least one month before the local license expires.
A.R.S. § 9-1301 — Arizona Code / Title 9 / Chapter 12 / Article 1 / Section 1301
9-1301 Definitions
Status: in_force

9-1301. Definitions

In this chapter, unless the context otherwise requires:

1. "Building code" means the construction codes that were in force at time of building construction, including plumbing and mechanical codes, electric codes, residential construction codes, energy conservation codes and existing building construction codes, and includes any property maintenance codes, neighborhood preservation codes, anti-blight codes or other similar codes, however denominated.  With respect to mobile homes as defined in section 33-1409, building code means the federal construction codes applicable to homes constructed after June 15, 1976, and the Arizona codes applicable to homes constructed before that date.

2. "Citywide residential rental property inspection program" means any program that includes systematic or periodic inspections of a majority of rental properties in the city that have not previously been found to meet the requirements of section 9-1302.

3. "Exterior inspection" means the visual inspection of any portion of a residential dwelling unit that can be seen from a public street or other right-of-way, or that can be seen from an adjacent property if a complaint or consent is received from the adjacent property owner, lawful resident or lawful tenant.

4. "Initial inspection" means the first inspection of a residential rental dwelling unit after the establishment by ordinance or resolution of a residential rental inspection program.

5. "Interior inspection" means a physical or visual inspection of the interior of a residential rental dwelling unit and other portions of a residential rental dwelling unit that are not visible from a public street, right-of-way or neighboring property that is made for the purpose of looking for building code violations.

6. "Mobile home park" has the same meaning as prescribed in section 33-1409.

7. "Multifamily housing" means site built buildings containing residential dwelling units, but does not include mobile home parks.

8. "Owner" means the person, corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust shown on the lawfully recorded title to the property.

9. "Residential dwelling unit" means a building or structure or part of a building or structure that is used for a home or residence by one or more persons who maintain a household.  It also means a mobile home regardless of ownership of the land.

10. "Residential rental dwelling unit" means a dwelling unit that is leased or rented to one or more tenants.  A dwelling unit that is occupied in part by the owner of the dwelling unit is not a residential rental dwelling unit unless a tenant occupies a part of the dwelling unit that has its own cooking and sleeping areas, a bathroom and a separate entrance, unless otherwise provided in a zoning ordinance of the city or town.  Residential rental dwelling unit does not include an owner occupied mobile home in a mobile home park that is not owned by the landlord of the mobile home park.

11. "Residential rental licensing requirement" means a requirement established by a city or town that property owners or property managers obtain a license or permit from the city or town, with or without an associated fee, before they can legally engage in the rental of dwelling units in the city or town.

12. "Residential rental registration requirement" means any requirement established by a city or town for rental housing owners or managers to submit information to the city or town as already required to be submitted to the county assessor under section 33-1902.
A.R.S. § 9-134 — Arizona Code / Title 9 / Chapter 1 / Article 3 / Section 134
9-134 Annexation
Status: in_force

9-134. Annexation

Any incorporated city or town may annex territory in an adjacent county pursuant to the provisions of section 9-471.
A.R.S. § 9-507 — Arizona Code / Title 9 / Chapter 5 / Article 1.1 / Section 507
9-507 Application for license; hearing; terms; conditions
Status: in_force

9-507. Application for license; hearing; terms; conditions

A. Any person desiring to obtain a license to construct, operate and maintain a cable television system from a licensing authority shall make application to such licensing authority in the form specified by the licensing authority and shall comply with requirements specified by the licensing authority.

B. Prior to the issuance of a license, the licensing authority shall provide for the holding of a public hearing within the proposed service area, following reasonable notice to the public, at which every applicant and its proposals shall be examined and the public and all interested parties afforded a reasonable opportunity to be heard. Reasonable notice to the public shall include causing notice of the time and place of such hearing to be published in a newspaper of general circulation in the proposed service area once a week for two consecutive weeks. The first publication shall be not less than fourteen days before the day of such hearing. If there is no such newspaper in the proposed service area, then notice shall be posted in a conspicuous place in the city or town hall, if applicable, or other suitable location determined by the respective licensing authority for a period of not less than fourteen days before the day of such hearing.
A.R.S. § 9-581 — Arizona Code / Title 9 / Chapter 5 / Article 7 / Section 581
9-581 Definitions
Status: in_force

9-581. Definitions

In this article, unless the context otherwise requires:

1. "Commercial mobile radio service" means two-way voice commercial mobile radio service as defined by the federal communications commission in 47 United States Code section 157.

2. "Political subdivision" means a city, town or county, or a special district of a city, town or county.

3. "Public highway" or "highway" means all roads, streets and alleys and all other dedicated public rights-of-way and public utility easements of this state or a political subdivision.

4. "Telecommunications" 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 as sent and received. The term does not include commercial mobile radio services, pay phone services, interstate services or cable services.

5. "Telecommunications corporation" means any public service corporation to the extent that it provides telecommunications services in this state.

6. "Telecommunications services" 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 facilities used.
A.R.S. § 9-968 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 968
9-968 Exemption of pension from process; prohibition of assignments; exception
Status: in_force

9-968. Exemption of pension from process; prohibition of assignments; exception

A. No portion of the pension fund or the distributive portions thereof shall be subject to attachment, execution or other judicial process for the satisfaction of a debt or claim against the member or his beneficiaries, and assignments or transfers of any distributive portion shall be void.

B. Nothing in this section exempts property from court orders which are the result of a judgment for arrearages of child support or for a child support debt.
A.R.S. § 9-463.02 — Arizona Code / Title 9 / Chapter 4 / Article 6.2 / Section 463.02
9-463.02 Subdivision defined; applicability
Status: in_force

9-463.02. Subdivision defined; applicability

A. "Subdivision" means improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is involved, any such property which is divided into two or more lots, tracts or parcels of land, or, any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. "Subdivision" also includes any condominium, cooperative, community apartment, townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided.

B. The legislative body of a municipality shall not refuse approval of a final plat of a project included in subsection A under provisions of an adopted subdivision regulation because of location of buildings on the property shown on the plat not in violation of such subdivision regulations or on account of the manner in which airspace is to be divided in conveying the condominium. Fees and lot design requirements shall be computed and imposed with respect to such plats on the basis of parcels or lots on the surface of the land shown thereon as included in the project. This subsection does not limit the power of such legislative body to regulate the location of buildings in such a project by or pursuant to a zoning ordinance.

C. "Subdivision" does not include the following:

1. The sale or exchange of parcels of land to or between adjoining property owners if such sale or exchange does not create additional lots.

2. The partitioning of land in accordance with other statutes regulating the partitioning of land held in common ownership.

3. The leasing of apartments, offices, stores or similar space within a building or trailer park, nor to mineral, oil or gas leases.
A.R.S. § 9-1416 — Arizona Code / Title 9 / Chapter 13 / Article 2 / Section 1416
9-1416 Amendment of uniform video service license to add service area
Status: in_force

9-1416. Amendment of uniform video service license to add service area

A. To add one or more new service areas to a uniform video service license, the holder shall file with the clerk of the local government an application for an amendment to the uniform video service license to add each new service area.

B. The application is subject to the same procedures, requirements, limitations and time periods as an application for issuance of a uniform video service license pursuant to sections 9-1414 and 9-1415.