A.R.S. § 11-1802 — Arizona Code / Title 11 / Chapter 13 / Article 1 / Section 1802
11-1802 Exclusive arrangements prohibited; permit; rates, fees and terms; access and use of county structures
Status: in_force

11-1802. Exclusive arrangements prohibited; permit; rates, fees and terms; access and use of county structures

A. A county may not enter into an exclusive arrangement with any wireless provider for use of a right-of-way for the construction, operation or maintenance of utility poles or the collocation of small wireless facilities on utility poles or wireless support structures.

B. Subject to subsection C of this section, a county may require a permit and charge a fee for processing an application by a wireless provider and conducting associated inspections for the installation, modification or replacement of a utility pole or the collocation of a small wireless facility on a utility pole or a wireless support structure in a right-of-way. Any fee charged pursuant to this section must be reasonable and conform to authorized and published fees for similar permits issued by the county and may not exceed one hundred dollars per collocation or installation.

C. For the collocation of a small wireless facility on a utility pole or wireless support structure in the right-of-way that is not owned by the county and that does not include ground-mounted equipment, the county may not charge a wireless provider a rate or fee and may not require a permit.

D. A county may charge a wireless provider a rate for the wireless provider's use of a right-of-way in accordance with this section.  The county may:

1. For the collocation of a small wireless facility on a utility pole or wireless support structure that is not owned by the county that includes ground-mounted equipment, charge a rate for the ground-mounted equipment using the methodology described in paragraph 5 of this subsection, require an application and charge a fee.  The rate for ground-mounted equipment may not exceed one hundred seventy-five dollars.

2. For the collocation of a small wireless facility on a county utility pole that does not include ground-mounted equipment, charge a rate using the methodology described in paragraph 5 of this subsection that does not exceed twenty dollars. If the collocation includes ground-mounted equipment, the county may charge an additional rate using the methodology described in paragraph 5 of this subsection.  The rate for ground-mounted equipment may not exceed one hundred seventy-five dollars.

3. For the installation of a utility pole, together with the collocation of small wireless facilities, that will not be owned by the county, charge a wireless provider a rate using the methodology described in paragraph 5 of this subsection.  The rate may not exceed one hundred seventy-five dollars.  An additional rate may not be charged for collocated small wireless facilities, including ground-mounted equipment that is requested in the application.

4. For the replacement of a utility pole owned by the county, require the applicant to comply with the county's processes and requirements for installing such structures.  The county may not charge a rate for the replaced utility pole.

5. Charge a rate that has been lawfully adopted and published.  The rate shall be based on the average fair market value of the county right-of-way that is suitable for the deployment of wireless facilities and utility poles. All materials used to derive these values shall be readily available to the public at least ninety days before the adoption of the rate. The rate adopted shall be based on ninety percent of the average fair market values that have been determined and are subject to the applicable rate caps in paragraphs 1, 2 and 3 of this subsection.

E. A county shall:

1. Adopt an ordinance establishing rates, fees and terms for the following:

(a) The installation, modification or replacement by a wireless provider of a utility pole located in a right-of-way.

(b) The collocation by a wireless provider of a small wireless facility in a right-of-way.

(c) The collocation by a wireless provider of a small wireless facility on a county utility pole.

2. Adopt the ordinance described in paragraph 1 of this subsection within the time period beginning on August 9, 2017 and ending after the time allowed under the county's procedures adopted under section 11-1605 for the adoption of an ordinance, or ninety days after receiving the first request by a wireless provider, whichever is later.

3. Establish rates, fees and terms that comply with this section.  The terms:

(a) May not be unreasonable or discriminatory.

(b) May include requirements applicable to other users of the right-of-way.

(c) May require that the wireless provider's operation of the small wireless facilities and wireless facilities in the right-of-way does not interfere with the county's public safety communications.

(d) May not require the placement of small wireless facilities on any specific utility pole or category of utility poles or require multiple antenna systems on a single utility pole.

(e) May not limit the placement of pole-mounted small wireless facilities by minimum separation distances but may require reasonable spacing requirements that concern the location of ground-mounted equipment.

F. Agreements that are in effect on August 9, 2017 between counties and wireless providers and that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on county utility poles, remain in effect, subject to applicable termination provisions.  The wireless provider may elect to pay the rates and fees provided under subsection D of this section for small wireless facilities and utility poles that are the subject of an application submitted after the rates, fees and terms become effective, if the wireless provider notifies the county of the wireless provider's election and agreement to comply with the terms adopted by the county under subsection E of this section.

G. This chapter does not relieve a wireless provider from any applicable requirement to obtain a franchise, license or other permission to provide communications service or to install, place, maintain or operate facilities or structures that are not authorized by this chapter in the right-of-way to provide a communications service.
A.R.S. § 11-626 — Arizona Code / Title 11 / Chapter 4 / Article 2 / Section 626
11-626 Claims by supervisors
Status: in_force

11-626. Claims by supervisors

A claim against the county presented by a member of the board of supervisors shall be verified as other claims, and shall bear the written approval of at least one member of the board other than the claimant, and of the county treasurer.
A.R.S. § 11-539 — Arizona Code / Title 11 / Chapter 3 / Article 6 / Section 539
11-539 State aid to county attorneys fund
Status: in_force

11-539. State aid to county attorneys fund

A. The state aid to county attorneys fund is established consisting of monies appropriated to the fund and monies allocated pursuant to section 41-2421, subsections B and J. The purpose of the fund is to provide state aid to county attorneys for the processing of criminal cases.

B. The Arizona criminal justice commission shall administer the fund. The commission shall allocate fund monies to each county pursuant to section 41-2409, subsection A.

C. All monies distributed or spent from the fund shall be used to supplement, not supplant, funding at the level provided in fiscal year 1997-1998 by the counties for the processing of criminal cases by county attorneys.

D. Monies in the state aid to county attorneys fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations and monies allocated pursuant to section 41-2421, subsections B and J are subject to legislative appropriation.  Any state general fund monies appropriated to the fund may be spent without further legislative appropriation.

E. On notice from the commission, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 11-661 — Arizona Code / Title 11 / Chapter 4 / Article 3 / Section 661
11-661 Posting of financial statements; budget; accepting audit results
Status: in_force

11-661. Posting of financial statements; budget; accepting audit results

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

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

C. If the board of supervisors of a county is required to complete the form as prescribed by subsection B of this section, the board of supervisors shall send a copy of the form to the auditor general, the speaker of the house of representatives and the president of the senate.

D. Within ninety days after completing an audit pursuant to this section, the board of supervisors shall require the auditor who performed the audit to present the audit results and any findings to the board in a regular meeting without the use of a consent agenda, and the board shall demonstrate compliance with section 41-1494.
A.R.S. § 11-1013 — Arizona Code / Title 11 / Chapter 7 / Article 6 / Section 1013
11-1013 Establishment of county pounds; impounding and disposing of dogs and cats; owner notification; reclaiming impounded dogs and cats; pound fees
Status: in_force

11-1013. Establishment of county pounds; impounding and disposing of dogs and cats; owner notification; reclaiming impounded dogs and cats; pound fees

A. The board of supervisors in each county may provide or authorize a county pound or pounds or enter into a cooperative agreement with a city or town, a veterinarian or an Arizona incorporated humane society to establish and operate a county pound.

B. Any stray dog shall be impounded. All dogs and cats impounded shall be given proper care and maintenance.

C. All dogs and cats impounded at a county pound or at a city or town facility, a veterinarian or an Arizona incorporated humane society that has entered into a cooperative agreement with a county pursuant to subsection A of this section shall be thoroughly scanned for the presence of a microchip on being impounded and a reasonable effort shall be made to contact the owner.

D. All deceased dogs and cats found in a public place and brought to a county pound or to a city or town facility, a veterinarian or an Arizona incorporated humane society that has entered into a cooperative agreement with a county pursuant to subsection A of this section shall be scanned for the presence of a microchip and a reasonable effort shall be made to contact the owner.

E. Each stray dog or any cat impounded and not eligible for a sterilization program shall be kept and maintained at the county pound for a minimum of seventy-two hours or one hundred twenty hours for an animal that is impounded with a microchip or wearing a license or any other discernible form of owner identification, unless claimed or surrendered by its owner. Any person may purchase a dog or cat on expiration of the impoundment period, if the person pays all pound fees established by the county board of supervisors and complies with the licensing and vaccinating provisions of this article. If the dog or cat is to be used for medical research, a license or vaccination is not required. Any impounded cat that is eligible for a sterilization program and that will be returned to the vicinity where the cat was originally captured may be exempted from the mandatory holding period required by this subsection.  For the purposes of this subsection, "eligible" means a cat that is living outdoors, lacks discernible identification, is of sound health and possesses its claws.

F. Any impounded licensed dog or any cat may be reclaimed by its owner or the owner's agent if the person reclaiming the dog or cat furnishes proof of the person's right to do so and pays all pound fees established by the board of supervisors. Any person purchasing a dog or cat shall pay all pound fees established by the board of supervisors.

G. If the dog or cat is not reclaimed within the impoundment period, the county enforcement agent shall take possession of and may place the dog or cat for sale or may dispose of the dog or cat in a humane manner. The county enforcement agent may euthanize impounded sick or injured dogs or cats if necessary to prevent the dog or cat from suffering or to prevent the spread of disease.
A.R.S. § 11-974 — Arizona Code / Title 11 / Chapter 7 / Article 4 / Section 974
11-974 When provisions and benefits available
Status: in_force

11-974. When provisions and benefits available

A. This article shall apply to all acquiring, displacing or lead agencies when real property or improvements thereon are acquired or are to be acquired for a project for which federal financial assistance is to defray all, or part of, the costs of such project.

B. In addition to the requirements of subsection A of this section and notwithstanding section 11-961, paragraph 5, the provisions of sections 11-963 and 11-964 shall apply to any acquiring, displacing or lead agency without action of the governing or legislative body even if no federal financial assistance is used to defray all or part of the costs of such project.

C. Except as provided in subsection B of this section, the provisions of this article may apply and be utilized by any acquiring, displacing or lead agency by action of the governing or legislative body thereof when no federal financial assistance is used to defray the costs of such project.
A.R.S. § 11-804 — Arizona Code / Title 11 / Chapter 6 / Article 1 / Section 804
11-804 Comprehensive plan; contents
Status: in_force

11-804. Comprehensive plan; contents

A. The commission shall formulate and the board of supervisors shall adopt or readopt a long-term comprehensive plan for the development of the area of jurisdiction in the manner prescribed by this article. The comprehensive plan, with the accompanying maps, plats, charts and descriptive matter, shall show the commission's recommendations for the development of the area of jurisdiction. The comprehensive plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the area of jurisdiction pursuant to the present and future needs of the county.  The comprehensive plan shall be developed so as to conserve the natural resources of the county, to ensure efficient expenditure of public monies and to promote the health, safety, convenience and general welfare of the public. The comprehensive plan may include studies and recommendations relative to the location, character and extent of highways, railroads, bus and other transportation routes, bicycle facilities, bridges, public buildings, public services, schools, parks, open space, housing quality, variety and affordability, parkways, hiking and riding trails, airports, forests, wildlife areas, dams, projects affecting conservation of natural resources, air quality, water quality and floodplain zoning. In the preparation of the comprehensive plan, the commission shall make surveys and studies of the present conditions and prospective future growth of the area of the jurisdiction. The comprehensive plan shall be a public record, but its purpose and effect shall be primarily as an aid to the county planning and zoning commission and to the board of supervisors in the performance of their duties. The comprehensive plan shall include provisions that identify changes or modifications that constitute amendments and major amendments to the plan.

B. In addition to the other matters that are required or authorized under this section and this article, for counties with a population of more than one hundred twenty-five thousand persons, the comprehensive plan shall include, and for other counties the comprehensive plan may include:

1. Planning for land use that designates the proposed general distribution and location and extent of uses of the land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space and other categories of public and private uses of land appropriate to the county.  The land use plan shall include:

(a) A statement of the standards of population density and building intensity recommended for the various land use categories covered by the plan.

(b) Specific programs and policies that the county may use to promote compact form development activity and locations where those development patterns should be encouraged.

(c) Consideration of air quality and access to incident solar energy for all general categories of land use.

(d) Policies that address maintaining a broad variety of land uses, including the range of uses existing in the county at the time the plan is adopted, readopted or amended.

(e) Currently identified sources of aggregates from maps that are available from state agencies, information from the Arizona geological survey on how to locate existing mines, consideration of existing mining operations and suitable geologic resources, policies to preserve currently identified aggregates sufficient for future development and policies to avoid incompatible land uses, except that this subdivision does not affect any permitted underground storage facility or limit any person's right to obtain a permit for an underground storage facility pursuant to title 45, chapter 3.1.

2. Planning for circulation consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, bicycle routes and any other modes of transportation as may be appropriate, all correlated with the land use plan under paragraph 1 of this subsection.

3. Planning for water resources that addresses:

(a) The known legally and physically available surface water, groundwater and effluent supplies.

(b) The demand for water that will result from future growth projected in the comprehensive plan, added to existing uses.

(c) An analysis of how the demand for water that will result from future growth projected in the comprehensive plan will be served by the water supplies identified in subdivision (a) of this paragraph or a plan to obtain additional necessary water supplies.

4. Planning for energy use that:

(a) Encourages and provides incentives for efficient use of energy.

(b) Identifies policies and practices for greater use of renewable energy.

C. In addition to the other matters that are required or authorized under this section and this article, for counties with a population of more than two hundred thousand persons, the comprehensive plan shall include, and for other counties the comprehensive plan may include:

1. Planning for open space acquisition and preservation. The open space plan shall include:

(a) A comprehensive inventory of open space areas, recreational resources and designations of access points to open space areas and resources.

(b) An analysis of forecasted needs, policies for managing and protecting open space areas and resources and implementation strategies to acquire additional open space areas and further establish recreational resources.

(c) Policies and implementation strategies designed to promote a regional system of integrated open space and recreational resources and a consideration of any existing regional open space plan.

2. Planning for growth areas, specifically identifying those areas, if any, that are particularly suitable for planned multimodal transportation and infrastructure expansion and improvements designed to support a planned concentration of a variety of uses, such as residential, office, commercial, tourism and industrial uses.  The mixed use planning shall include policies and implementation strategies that are designed to:

(a) Make automobile, transit and other multimodal circulation more efficient, make infrastructure expansion more economical and provide for a rational pattern of land development.

(b) Conserve significant natural resources and open areas in the growth area and coordinate their location to similar areas outside the growth area's boundaries.

(c) Promote the public and private construction of timely and financially sound infrastructure expansion through the use of infrastructure funding and financing planning that is coordinated with development activity.

3. An environmental planning element that contains analyses, policies and strategies to address anticipated effects, if any, of plan elements on air quality, water quality and natural resources associated with proposed development under the comprehensive plan.  The policies and strategies to be developed under this element shall be designed to have countywide applicability and shall not require the production of an additional environmental impact statement or similar analysis beyond the requirements of state and federal law.

4. A cost of development element that identifies policies and strategies that the county will use to require development to pay its fair share toward the cost of additional public facility needs generated by new development, with appropriate exceptions when in the public interest.  This element shall include:

(a) A component that identifies various mechanisms that are allowed by law and that can be used to fund and finance additional public services necessary to serve the development, including bonding, special taxing districts, development fees, in lieu fees and facility construction, dedications and privatization.

(b) A component that identifies policies to ensure that any mechanisms that are adopted by the county under this element result in a beneficial use to the development, bear a reasonable relationship to the burden imposed on the county to provide additional necessary public facilities to the development and otherwise are imposed pursuant to law.

D. The water resources element of the comprehensive plan does not require:

1. New independent hydrogeologic studies.

2. The county to be a water service provider.

E. In applying an open space element or a growth element of a comprehensive plan, a county shall not designate private or state land as open space, recreation, conservation or agriculture unless the county receives the written consent of the landowner or provides an alternative, economically viable designation in the comprehensive plan or zoning ordinance, allowing at least one residential dwelling per acre. If the landowner is the prevailing party in any action brought to enforce this subsection, a court shall award fees and other expenses to the landowner. Each county shall incorporate this subsection into its comprehensive plan and provide a process for a landowner to resolve discrepancies relating to this subsection.

F. The policies and strategies to be developed under these elements shall be designed to have regional applicability.

G. For counties with territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, the commission shall also consider military airport or ancillary military facility operations and shall identify the boundaries of any high noise or accident potential zone as defined in section 28-8461 in its comprehensive plan for purposes of planning land uses in the high noise or accident potential zone that are compatible with the operation of the military airport or ancillary military facility pursuant to section 28-8481, subsection J.

H. For a county that contains any portion of the influence area of a military installation or range or Arizona national guard site, the commission shall also consider respective installation, range or site operations and shall identify the influence area boundaries in its comprehensive plan for the purposes of planning land uses in the influence area that are compatible with the operation of the installation, range or site. For the purposes of this subsection, "influence area" and "military installation or range or Arizona national guard site" have the same meanings prescribed in section 11-818.01.
A.R.S. § 11-276 — Arizona Code / Title 11 / Chapter 2 / Article 5 / Section 276
11-276 Redemption of bonds; notice; effect of failure to present bonds
Status: in_force

11-276. Redemption of bonds; notice; effect of failure to present bonds

When, after setting aside the amount required to pay the interest maturing before the next levy, the debt service fund is sufficient to redeem one or more bonds, the treasurer shall notify the bond owners in writing that he is prepared to pay them, with the accrued interest, and that if not presented for payment or redemption within forty days after the date of the service or mailing of the notice, the interest on the bond shall cease. If the bonds are not so presented, interest shall cease and the amount due shall be set aside for its payment when presented. Payment of bonds shall be made in the order of their issuance, beginning at the lowest number. The notice required by this section shall be directed to the address of the owner as shown by the record.
A.R.S. § 11-939 — Arizona Code / Title 11 / Chapter 7 / Article 2 / Section 939
11-939 Powers of park rangers
Status: in_force

11-939. Powers of park rangers

Park rangers, in addition to the duties imposed by the parks commission, shall have authority to execute all warrants issued for a violation of any of the rules and regulations adopted by the parks commission, and may execute subpoenas issued in any matter arising under this article.
A.R.S. § 11-445 — Arizona Code / Title 11 / Chapter 3 / Article 2 / Section 445
11-445 Fees chargeable in civil actions by sheriffs and constables; constables' standardized daily activity logs
Status: in_force

11-445. Fees chargeable in civil actions by sheriffs and constables; constables' standardized daily activity logs

A. The sheriff shall receive the following fees in civil actions:

1. For serving each true copy of the original summons in a civil suit, $16, except that the sheriff shall not charge a fee for service of any document pursuant to section 13-3602 or any injunction against harassment pursuant to section 12-1809 if the court indicates the injunction arises out of sexual violence as defined in section 23-371.

2. For summoning each witness, $16.

3. For levying and returning each writ of attachment or claim and delivery, $48.

4. For taking and approving each bond and returning it to the proper court when necessary, $12.

5. For endorsing the forfeiture of any bond required to be endorsed by the sheriff, $12.

6. For levying each execution, $24.

7. For returning each execution, $16.

8. For executing and returning each writ of possession or restitution, $48 plus a rate of $40 per hour per deputy or constable for the actual time spent in excess of three hours.

9. For posting the advertisement for sale under execution, or any order of sale, $12.

10. For posting or serving any notice, process, writ, order, pleading or paper required or allowed by law, not otherwise provided for, $16 except that posting for a writ of restitution shall not exceed $10.

11. For executing a deed to each purchaser of real property under execution or order of sale, $24.

12. For executing a bill of sale to each purchaser of real and personal property under an execution or order of sale, when demanded by the purchaser, $16.

13. For services in designating a homestead or other exempt property, $12.

14. For receiving and paying money on redemption and issuing a certificate of redemption, $24.

15. For serving and returning each writ of garnishment and related papers, $40.

16. For the preparation, including notarization, of each affidavit of service or other document pertaining to service, $8.

17. For every writ issued on behalf of a justice of the peace, a fee established by the board of supervisors of not more than $10 per writ. Monies collected from the writ fees shall be deposited in the constable ethics standards and training fund established by section 22-138.

B. The sheriff shall also collect the appropriate recording fees, if applicable, and other appropriate disbursements.

C. The sheriff may charge:

1. $56 plus disbursements for any skip tracing services performed.

2. A reasonable fee for executing a civil arrest warrant ordered pursuant to court rule by a judge or justice of the peace. The fee shall only be charged to the party requesting the issuance of the civil arrest warrant.

3. A reasonable fee for storing personal property levied on pursuant to title 12, chapter 9.

D. For traveling to serve or on each attempt to serve civil process, writs, orders, pleadings or papers, the sheriff shall receive $2.40 for each mile actually and necessarily traveled but not to exceed two hundred miles, nor to be less than $16. Mileage shall be charged one way only. For service made or attempted at the same time and place, regardless of the number of parties or the number of papers so served or attempted, only one charge for travel fees shall be made for such service or attempted service.

E. For collecting money on an execution when it is made by sale, the sheriff and the constable shall receive $8 for each $100 or major portion thereof not to exceed a total of $2,000, but when money is collected by the sheriff without a sale, only one-half of such fee shall be allowed. When satisfaction or partial satisfaction of a judgment is received by the judgment creditor after the sheriff or constable has received an execution on the judgment, the commission is due the sheriff or constable and is established by an affidavit of the judgment creditor filed with the officer. If the affidavit is not lodged with the officer within thirty days of the request, the commission shall be based on the total amount of judgment due as billed by the officer and may be collected as any other debt by that officer.

F. The sheriff shall be allowed for all process issued from the supreme court and served by the sheriff the same fees as are allowed the sheriff for similar services on process issued from the superior court.

G. The constable shall receive the same fees as the sheriff for performing the same services in civil actions, except that mileage shall be computed from the office of the justice of the peace in the precinct where the constable serves to the place of service.

H. Notwithstanding subsection G of this section, in a county with a population of more than three million persons, if an office of a justice of the peace is located outside of the precinct boundaries, the mileage for a constable shall be calculated pursuant to subsection D of this section, except that the distance between the precinct boundaries and the office of the justice of the peace, as determined by the county and certified by the board of supervisors of that county, shall be subtracted from the mileage calculation.  This certified mileage calculation shall be transmitted to the justice courts and the clerks of those courts shall calculate the mileage between the office of the justice of the peace and the location where the civil process, writ, order, pleading or paper was served and reduce the mileage used to calculate the mileage fee according to the certified mileage calculation for that respective jurisdiction.

I. Constables shall maintain a standardized daily activity log of work related activities, including a listing of all processes served and the number of processes attempted to be served by case number, the names of the plaintiffs and defendants, the names and addresses of the persons to be served except as otherwise precluded by law, the date of process and the daily mileage.

J. The standardized daily activity log maintained in subsection I of this section is a public record and shall be made available by the constable at the constable's office during regular office hours. The standardized daily activity log shall be filed monthly by the tenth day of the following month with the clerk of the board of supervisors.  The board of supervisors shall determine the method for filing the standardized daily activity log.
A.R.S. § 11-629 — Arizona Code / Title 11 / Chapter 4 / Article 2 / Section 629
11-629 Rejection or partial allowance of demand
Status: in_force

11-629. Rejection or partial allowance of demand

When the board finds that a demand is not a proper county charge, it shall reject the demand. If the demand is a proper county charge, but larger than is just, the board may allow the claim in part and draw a warrant for the part allowed.
A.R.S. § 11-269.24 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 269.24
11-269.24 Mobile food vendors; mobile food units; operation; insurance requirement prohibited; definitions
Status: in_force

11-269.24. Mobile food vendors; mobile food units; operation; insurance requirement prohibited; definitions

A. In relation to a mobile food vendor or mobile food unit, a county board of supervisors by ordinance or resolution may:

1. Impose operating hours only if they are the same as the operating hours imposed on restaurants in that county.

2. Restrict the operation of noisemaking devices during specific times of day.

3. Restrict or prohibit the operation of a mobile food unit in an area that is zoned as residential only.

4. Prohibit a mobile food unit that is operating on private property from blocking ingress to and egress from that property.

5. Prohibit a mobile food unit from blocking or inhibiting the use of a public sidewalk.

6. Prohibit a mobile food vendor or mobile food unit from blocking vehicular traffic on public streets and roads.

7. Require a mobile food vendor to obtain consent from a private property owner or lessee or the owner's or lessee's agent before beginning operation on that property.

8. Prohibit or restrict a mobile food vendor from operating at a public airport.

9. Require a mobile food vendor with a state license that is not issued by that county to apply for a permit in order to conduct business within the county.  The county may charge a fee for the permit. The permit shall be made available in an electronic format that is available online. The ordinance or resolution may not require a mobile food vendor with a state license to be inspected as a condition of receiving the permit.

10. Prohibit or restrict a mobile food vendor from operating at a county public park.

B. In relation to a mobile food vendor or mobile food unit, a county board of supervisors may not:

1. Restrict how long a mobile food vendor or mobile food unit may operate at a private property location, except that a mobile food vendor may not operate at a private property location for more than ninety-six consecutive hours.

2. Require a mobile food vendor to operate a specific distance from the perimeter of an existing commercial establishment or restaurant, except as required for public safety purposes.

3. Prohibit or restrict a mobile food vendor from using any legal parking space, including metered parking, to the same extent as any other commercial vehicle.

4. Require a mobile food vendor to maintain an insurance policy that names the county as an additional insured unless the mobile food vendor is attending an event sponsored by that county or is operating on public property.

5. Require a mobile food vendor to be fingerprinted.

C. A county with a population of more than five hundred thousand persons shall make available a business license application in an electronic format that is available online and may not require a mobile food vendor to apply in person.

D. For the purposes of this section:

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. § 11-833 — Arizona Code / Title 11 / Chapter 6 / Article 4 / Section 833
11-833 Standards for enactment of moratorium; land development; limitations; definitions
Status: in_force

11-833. Standards for enactment of moratorium; land development; limitations; definitions

A. A county shall not adopt a moratorium on construction or land development unless it first:

1. Provides notice to the public published once in a newspaper of general circulation in the community at least thirty days before a final public hearing to be held to consider the adoption of the moratorium.

2. Makes written findings justifying the need for the moratorium in the manner provided for in this section.

3. Holds a public hearing on the adoption of the moratorium and the findings that support the moratorium.

B. For urban land or land subject to potential urbanization, a moratorium may be justified by demonstration of a need to prevent a shortage of essential public facilities that would otherwise occur during the effective period of the moratorium.  This demonstration shall be based on reasonably available information and shall include at least the following findings:

1. A showing of the extent of need beyond the estimated capacity of existing essential public facilities expected to result from new land development, including identification of any essential public facilities currently operating beyond capacity and the portion of this capacity already committed to development, or in the case of water resources, a showing that, in an active management area as defined in section 45-402, an assured water supply cannot be provided, or outside an active management area, a sufficient water supply cannot be provided, to the new land development, including identification of current water resources and the portion already committed to development.

2. That the moratorium is reasonably limited to those areas of the county where a shortage of essential public facilities would otherwise occur and on property that has not received development approvals based on the sufficiency of existing essential public facilities.

3. That the housing and economic development needs of the area affected have been accommodated as much as possible in any program for allocating any remaining essential public facility capacity.

C. A moratorium not based on a shortage of essential public facilities under subsection B of this section may be justified only by a demonstration of compelling need for other public facilities, including police and fire facilities. This demonstration shall be based on reasonably available information and shall include at least the following findings:

1. For urban land or land subject to potential urbanization:

(a) That application of existing development ordinances or regulations and other applicable law is inadequate to prevent irrevocable public harm from development in affected geographical areas.

(b) That the moratorium is sufficiently limited to ensure that a needed supply of affected housing types and the supply of commercial and industrial facilities within or in proximity to the county are not unreasonably restricted by the adoption of the moratorium.

(c) The reasons that alternative methods of achieving the objectives of the moratorium are unsatisfactory.

(d) That the county has determined that the public harm that would be caused by failure to impose a moratorium outweighs the adverse effects on other affected local governments, including shifts in demand for housing or economic development, public facilities and services and buildable lands and the overall impact of the moratorium on population distribution.

(e) That the city or town proposing the moratorium has developed a work plan and time schedule for achieving the objectives of the moratorium.

2. For rural land:

(a) That application of existing development ordinances or regulations and other applicable law is inadequate to prevent irrevocable public harm from development in affected geographical areas.

(b) The reasons that alternative methods of achieving the objectives of the moratorium are unsatisfactory.

(c) That the moratorium is sufficiently limited to ensure that lots or parcels outside the affected geographical areas are not unreasonably restricted by the adoption of the moratorium.

(d) That the county proposing the moratorium has developed a work plan and time schedule for achieving the objectives of the moratorium.

D. Any moratorium adopted pursuant to this section does not affect any express provision in a development agreement entered into pursuant to section 9-500.05 or as defined in section 11-1101 governing the rate, timing and sequencing of development, nor does it affect rights acquired pursuant to a protected development right granted according to chapter 9 of this title or title 9, chapter 11.  Any moratorium adopted pursuant to this section shall provide a procedure pursuant to which an individual landowner may apply for a waiver of the moratorium's applicability to its property by claiming rights obtained pursuant to a development agreement, a protected development right or any vested right or by providing the public facilities that are the subject of the moratorium at the landowner's cost.

E. A moratorium adopted under subsection C, paragraph 1 of this section shall not remain in effect for more than one hundred twenty days, but such a moratorium may be extended for additional periods of time of up to one hundred twenty days if the county adopting the moratorium holds a public hearing on the proposed extension and adopts written findings that:

1. Verify the problem requiring the need for the moratorium to be extended.

2. Demonstrate that reasonable progress is being made to alleviate the problem resulting in the moratorium.

3. Set a specific duration for the renewal of the moratorium.

F. A county considering an extension of a moratorium shall provide notice to the general public published once in a newspaper of general circulation in the community at least thirty days before a final hearing is held to consider an extension of a moratorium.

G. This section does not prevent a city or town from complying with any state or federal law, regulation or order issued in writing by a legally authorized governmental entity.

H. A landowner aggrieved by a county's adoption of a moratorium pursuant to this section, at any time within thirty days after the moratorium has been adopted, may file a complaint for a trial de novo in the superior court on the facts and the law regarding the moratorium. All matters presented to the superior court pursuant to this section have preference on the court calendar on the same basis as condemnation matters. The court may award reasonable attorney fees incurred in the appeal and trial pursuant to this section to the prevailing party.

I. For the purposes of this section:

1. "Compelling need" means a clear and imminent danger to the health and safety of the public.

2. "Essential public facilities" means water, sewer and street improvements and water resources to the extent that these improvements and water resources are provided by the county or private utility.

3. "Moratorium on construction or land development" means engaging in a pattern or practice of delaying or stopping issuance of permits, authorizations or approvals necessary for the subdivision and partitioning of, or construction on, any land.  It does not include denial or delay of permits or authorizations because they are inconsistent with applicable statutes, rules, zoning or other ordinances.

4. "Rural land" means all property in the unincorporated area of a county or in the incorporated area of the city or town with a population of two thousand nine hundred or less persons.

5. "Urban land or land subject to potential urbanization" means all property in the incorporated area of a city or town with a population of more than two thousand nine hundred persons.

6. "Vested right" means a right to develop property established by the expenditure of substantial sums of money pursuant to a permit or approval granted by the city, town or county.
A.R.S. § 11-632 — Arizona Code / Title 11 / Chapter 4 / Article 2 / Section 632
11-632 Issuance of duplicate warrant
Status: in_force

11-632. Issuance of duplicate warrant

A. When it appears to the satisfaction of the board or county school superintendent by affidavit or otherwise that a warrant on the county treasurer has been lost or destroyed prior to payment and there is no reasonable probability of its being found or presented, the board may direct the issuance to the owner of a duplicate of the lost or destroyed warrant.  Before issuing the duplicate, however, the board or county school superintendent shall send a written stop payment notice to the county treasurer, giving the number, amount and date of the warrant, the payee and the fund on which drawn. Such duplicate warrant issued under authority of this section shall constitute full and sufficient authority to the county treasurer for disbursement of public monies in the amount set forth on the duplicate warrant. The county treasurer shall not pay any warrant on which a stop payment notice has been made unless the board has released the stop payment in writing.

B. The board of supervisors shall establish procedures for issuing duplicate warrants that protect the county and provide the owner with a duplicate warrant within a reasonable time.
A.R.S. § 11-1915 — Arizona Code / Title 11 / Chapter 14 / Article 2 / Section 1915
11-1915 Authority granted by uniform video service license; conditions and limitations prohibited; providing video service
Status: in_force

11-1915. Authority granted by uniform video service license; conditions and limitations prohibited; providing video service

A. Within the time frame that the county has in place under section 11-1605 but not later than forty-five days after the date an applicant files a completed application and affidavit pursuant to section 11-1914, the county shall issue a uniform video service license to the applicant in the form prescribed by section 11-1911. If the county does not notify the applicant about the completeness of the uniform video service license agreement within the time period prescribed by section 11-1914, subsection D or issue the agreement within the time period required under this subsection, the agreement shall be considered complete and issued to the applicant in the form submitted.

B. The uniform video service license issued to an applicant, including an incumbent cable operator, by a county is a nonexclusive license granting to the holder of the uniform video service license the authority for the term requested in the application to do all of the following:

1. Provide video service in all service areas designated in the application and affidavit filed with the county.

2. Construct and operate a video service network in the highways in each service area in compliance with this chapter and all local laws that conform to this chapter and the purposes and objectives of this chapter.

C. A county may not condition or limit a uniform video service license by imposing any obligation or requirement that is not authorized by this chapter, including any of the following:

1. Any office location, institutional network or other build-out, line extension, investment or other requirements relating to the overall scope, extent and timing of infrastructure, facilities or deployment of equipment.

2. Any requirements to pay to any person any application, document, license, service or other fee, tax, charge or assessment that is not authorized by this chapter.

D. A holder of a uniform video service license shall provide video service in accordance with the certifications made by the holder in each application and affidavit that the holder files with the county pursuant to this article.
A.R.S. § 11-251.07 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 251.07
11-251.07 Report of special taxing districts in the county
Status: in_force

11-251.07. Report of special taxing districts in the county

A. On or before October 1 of each year the board of supervisors shall compile a report of all special taxing districts existing under title 48 in the county during the preceding fiscal year except for those organized under title 48, chapter 4 and chapter 6, articles 1 and 2. The report shall include for each district:

1. The date of formation.

2. The total assessed valuation of the district.

3. The tax rate levied by the district for the current tax year.

4. The estimated budget for the district for the current fiscal year.

5. A map of the district.

6. A copy of any required district impact statement for districts when they are organized.

B. The annual report shall also include for any district that is organized under title 48 and whose boundaries changed during the preceding fiscal year, except for districts organized under title 48, chapter 4 and chapter 6, articles 1 and 2, a current map of the district's boundaries plus a copy of any boundary change impact statement if required.
A.R.S. § 11-702 — Arizona Code / Title 11 / Chapter 5 / Article 1 / Section 702
11-702 Board of directors; conflict of interest prohibited; violation; classification; powers and duties
Status: in_force

11-702. Board of directors; conflict of interest prohibited; violation; classification; powers and duties

A. The authority shall be governed by a board of directors consisting of fifteen members. In counties having a population of over one million five hundred thousand persons according to the most recent United States decennial census, the board of supervisors shall appoint five members, the president of a state university within the county shall appoint one member and the mayors of the seven most populous cities in that county shall each appoint one member, except that the mayor of the most populous city shall appoint three members. In counties having a population of one million five hundred thousand persons or less according to the most recent United States decennial census, the board of supervisors shall appoint the fifteen members. Directors must be qualified electors of the county. In counties having a population of one million five hundred thousand persons or less according to the most recent United States decennial census, the board of supervisors shall appoint eight members of the initial board of directors to terms of two years and seven members to terms of four years. In counties having a population of over one million five hundred thousand persons according to the most recent United States decennial census, the board of supervisors shall appoint five members of the initial board of directors to terms of four years, the mayor of the most populous city shall appoint three members of the initial board of directors to terms of four years, the president of a state university within the county shall appoint one member of the initial board of directors to a term of two years and the remainder of the appointing cities shall appoint one member of the initial board to a term of two years. All subsequent members shall be appointed to terms of four years. A director may not be appointed to more than two consecutive terms.

B. Members of the board of directors shall not have any direct or indirect financial interest in, or be employed in any capacity by, an entity with which the authority has a contractual or lessor-lessee relationship other than the Arizona board of regents or an institution under the jurisdiction of the board of regents. A violation of this section is a class 1 misdemeanor.

C. The board of directors may on behalf of the authority:

1. Adopt and use a corporate seal.

2. Sue and be sued.

3. Enter into contracts, including intergovernmental agreements under chapter 7, article 3 of this title as necessary to carry out the purposes and requirements of this chapter.

4. Adopt administrative rules as necessary to administer and operate the authority and any facility under its jurisdiction.

5. Employ an executive director and administrative and clerical employees and prescribe the terms and conditions of their employment as necessary to carry out the purposes of the authority.

6. Acquire by any lawful means, except by eminent domain, and operate, maintain, encumber and dispose of real and personal property and interests in property.

7. Administer trusts declared or established for the authority, receive and hold in trust or otherwise property located in or out of this state and, if not otherwise provided, dispose of the property for the benefit of the authority.

8. Promote events in the public interest that are approved and listed in the budget under section 11-705, subsection A, paragraph 3, subdivision (d).

9. Accept gifts.

D. The board of directors shall:

1. Appoint from among its members a chairman, secretary and treasurer and such other officers as may be necessary to conduct its business.

2. Keep and maintain a complete and accurate record of all of its proceedings. All proceedings and records of the board shall be open to the public as required by title 38, chapter 3, article 3.1 and title 39, chapter 1.

3. Actively promote the use of the authority's property and lease or sublease the property for professional and amateur sports events and for other suitable activities for the benefit of the public.

4. Provide for the maintenance and operation of the properties, facilities, franchises and interests controlled by the authority.
A.R.S. § 11-251.06 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 251.06
11-251.06 Reimbursement for county services to special districts
Status: in_force

11-251.06. Reimbursement for county services to special districts

A. Notwithstanding any other statute, the board of supervisors may require the following special districts to reimburse the county for the cost of services provided to the special districts:

1. Antinoxious weed districts formed pursuant to title 48, chapter 2.

2. Pest control districts formed pursuant to title 48, chapter 3.

3. County improvement districts formed pursuant to title 48, chapter 6.

4. County improvement districts for lighting formed pursuant to sections 48-960 and 48-961.

5. Domestic water improvement districts formed pursuant to title 48, chapter 6, article 4.

6. County television improvement districts formed pursuant to title 48, chapter 7.

7. Community park maintenance districts formed pursuant to title 48, chapter 8.

8. Special road districts formed pursuant to title 48, chapter 10.

9. Power districts formed pursuant to title 48, chapter 11.

10. Electrical districts formed pursuant to title 48, chapter 12.

11. Hospital districts formed pursuant to title 48, chapter 13.

12. Sanitary districts formed pursuant to title 48, chapter 14.

13. Pest abatement districts formed pursuant to title 48, chapter 15.

14. Health service districts formed pursuant to title 48, chapter 16.

15. Agricultural improvement districts formed pursuant to title 48, chapter 17.

16. Drainage and flood protection districts formed pursuant to title 48, chapter 18.

17. Irrigation and water conservation districts formed pursuant to title 48, chapter 19.

18. Irrigation water delivery districts formed pursuant to title 48, chapter 20.

19. County flood control districts formed pursuant to title 48, chapter 21.

20. Multi-county water conservation districts formed pursuant to title 48, chapter 22.

21. County free library districts formed pursuant to title 48, chapter 24.

22. County jail districts formed pursuant to title 48, chapter 25.

B. Fire districts formed pursuant to title 48, chapter 5 shall reimburse the county for the actual costs of organization, reorganization, boundary changes, election services, use of the county attorney and other services provided by the assessor and treasurer directly associated with county services provided to fire districts.

C. The board of supervisors shall establish a schedule for reimbursement of county services and shall distribute this schedule to the special districts before providing any service named in the schedule.  The schedule may include charges to newly organized special taxing districts for county services rendered to these districts before and during organization.  The reimbursement schedule shall not exceed the actual costs for the services provided by the county.

D. If the board of supervisors requires reimbursement for county services pursuant to subsections A and C of this section, the governing body of a special district listed in subsection A of this section may elect to perform for itself any of the services provided by the county in lieu of reimbursement, except election and financial services provided by the county.

E. Subsection D of this section does not authorize the governing body of any of the named special districts to levy any additional taxes not otherwise specified by statute.
A.R.S. § 11-405 — Arizona Code / Title 11 / Chapter 3 / Article 1 / Section 405
11-405 Limitations on absence of officer from state
Status: in_force

11-405. Limitations on absence of officer from state

A county officer shall not absent himself from the state for more than thirty days without the consent of the board of supervisors.
A.R.S. § 11-252 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 252
11-252 Membership in organizations
Status: in_force

11-252. Membership in organizations

In addition to the powers granted to the board of supervisors by the provisions of this chapter, and not in limitation thereof, the board of supervisors may appropriate and expend annually such amounts as are necessary for the purpose of the counties belonging to and paying dues in the Arizona association of counties, statewide, western regional or national associations of county boards of supervisors, associations of clerks of boards of supervisors or any similar organizations or combination of organizations.
A.R.S. § 11-448 — Arizona Code / Title 11 / Chapter 3 / Article 2 / Section 448
11-448 Duty to show process
Status: in_force

11-448. Duty to show process

The officer executing process shall then, and so long as he retains it, upon request, show a conformed copy of the process, with all papers attached, to any interested person.
A.R.S. § 11-953 — Arizona Code / Title 11 / Chapter 7 / Article 3 / Section 953
11-953 Appropriations
Status: in_force

11-953. Appropriations

Any public agency entering into an agreement or contract pursuant to this article may appropriate funds and may sell, lease, give or otherwise supply for the benefit of the joint or cooperative undertaking such services or personnel as may be within its legal power to furnish.
A.R.S. § 11-866 — Arizona Code / Title 11 / Chapter 6 / Article 5 / Section 866
11-866 Penalties
Status: in_force

11-866. Penalties

A penalty clause contained in a code adopted by reference shall not be adopted by reference but shall be set forth in full in the adopting ordinance. The penalty provisions of section 11-815 may be applied by the county in enforcing this article.
A.R.S. § 11-1402 — Arizona Code / Title 11 / Chapter 10 / Article 1 / Section 1402
11-1402 Operating agreement
Status: in_force

11-1402. Operating agreement

A. The board of supervisors of a county with a population of more than one million five hundred thousand persons according to the most recent United States decennial census may enter into an operating agreement as provided by this chapter with a nonprofit corporation for purposes of:

1. Acting as a provider of health care services for compensation.

2. To assume the responsibility for managing, maintaining and operating a community health system, including health system assets that are transferred to the corporation pursuant to a lease agreement.

B. The board of supervisors may enter into an operating agreement with only one nonprofit corporation for operation in the sponsoring county at any time.
A.R.S. § 11-909 — Arizona Code / Title 11 / Chapter 7 / Article 1 / Section 909
11-909 General supervision; branch libraries; employees
Status: in_force

11-909. General supervision; branch libraries; employees

A. The county free library shall be under the general supervision of the board of supervisors, which may make general rules and regulations regarding the policy of the county free library, and establish, upon recommendation of the county librarian, branches and stations throughout the county which may be located in incorporated or unincorporated cities and towns when deemed advisable.

B. The board may determine the number and kind of employees of the library, and may appoint and dismiss such employees upon recommendation of the county librarian. An employee shall not be removed except for cause, and in case a removal is made upon the ground that the services of the employee are no longer required, the removed employee shall have the first right to be restored to employment when such services are again required, but the board may at the time of employing an employee, and upon the recommendation of the county librarian, enter into an agreement that the employee be employed for a definite time only.

C. All employees of the county free library whose duties require special training in library work shall be classified in grades to be established by the county librarian, with the advice and approval of the board of library examiners, according to the duties required of them, experience in library work and other qualifications for the service required. Before appointment to a position in classified service, the candidate shall pass an examination appropriate to the position sought, satisfactory to the county librarian, and disclose a satisfactory experience in library work. Work in approved library schools or libraries, or certificates issued by the board of library examiners, may be accepted by the county librarian in lieu of such examination.

D. The county librarian may accept as apprentices, without compensation, persons possessing personal qualifications satisfactory to him and may dismiss them at any time if in his judgment their work is not satisfactory.
A.R.S. § 11-624.01 — Arizona Code / Title 11 / Chapter 4 / Article 2 / Section 624.01
11-624.01 Procedure for payment of obligations after close of fiscal year
Status: in_force

11-624.01. Procedure for payment of obligations after close of fiscal year

A. Annually on or before June 30, each county department or agency having outstanding liabilities attributable to the budgetary allotments of the fiscal year just ending shall file with the county board of supervisors for that county, in the manner and upon a form prescribed by the board and under oath, an "advice of encumbrance" for each item of outstanding liability the board of supervisors shall encumber such funds as are necessary and available to pay such properly entered encumbrances. Any encumbrances outstanding at the end of sixty days shall lapse and the remaining fund balance shall revert to the appropriate county fund.

B. The county board of supervisors may draw warrants against the available balances of the budgetary items made for a fiscal year for a period of sixty days after the close of such fiscal year. Warrants may be drawn after the close of a fiscal year only for payment of liabilities incurred during the fiscal year for which such budget was approved.

C. After expiration of the period of sixty days from the beginning of each fiscal year, the balance shall lapse and be applied as provided in subsection A of this section and no further payments shall be made on any claim for expenditures of such prior fiscal year.
A.R.S. § 11-621 — Arizona Code / Title 11 / Chapter 4 / Article 2 / Section 621
11-621 Payments from treasury on demand; exception; duty of auditor general; payment of loss; alternative procedure
Status: in_force

11-621. Payments from treasury on demand; exception; duty of auditor general; payment of loss; alternative procedure

A. A payment exceeding five hundred dollars may be made from the treasury of the county upon demand duly presented and allowed, but compensation due to jurors and witnesses and official salaries shall be paid without presentation of a claim.

B. A demand is not required to authorize payment if all other required documentation as prescribed in the uniform system of bookkeeping for counties is maintained to support the payment.

C. No demand shall be necessary for the board of supervisors to draw warrants upon the county treasury in amounts not exceeding five hundred dollars for the purpose of paying for goods and services costing five hundred dollars or less. The auditor general shall prescribe the manner in which the warrants described in this subsection shall be drawn and issued.  Any loss arising out of the issuance of a warrant drawn and issued in the manner prescribed by the auditor general shall be a county charge.
A.R.S. § 11-1805 — Arizona Code / Title 11 / Chapter 13 / Article 1 / Section 1805
11-1805 Applicability; location outside of a county-owned right-of-way
Status: in_force

11-1805. Applicability; location outside of a county-owned right-of-way

A. This section applies to the installation, modification or replacement by a wireless provider of a utility pole or the collocation by a wireless provider of a small wireless facility on a utility pole or a wireless support structure outside of the right-of-way.

B. The installation, modification or replacement of a utility pole or the collocation of a small wireless facility on a utility pole or a wireless support structure is a permitted use in every zoning district in the county except for single-family residential zoning districts.

C. The installation, modification or replacement of a utility pole or the collocation of a small wireless facility on a utility pole or a wireless support structure is not a prohibited use in any zoning district in the county.

D. In any zoning district in which the installation, modification or replacement of a utility pole or the collocation of a small wireless facility on a utility pole or a wireless support structure is not a permitted use, the county shall establish a procedure by which an applicant may seek to install, modify or replace a utility pole or collocate a small wireless facility on a utility pole or a wireless support structure.

E. Except as provided in this section, all zoning requirements of the zoning district in which the applicant seeks to install, modify or replace a utility pole or collocate a small wireless facility on a utility pole or a wireless support structure outside the right-of-way that are generally applicable to all applicants within that zoning district apply to the applicant.

F. The county may adopt reasonable zoning requirements that are applicable only to the installation, modification or replacement of a utility pole or the collocation of a small wireless facility on a utility pole or a wireless support structure and that reflect sound zoning and planning.

G. A fee for a zoning application and approval required under this section shall conform to the fees applicable to similar applications within the county.

H. For zoning applications required under this section, a county shall either:

1. Incorporate the application process and time frames for the installation, modification or replacement of a utility pole or wireless support structures, or for the collocation of small wireless facilities, into processes and time frames previously adopted by the county pursuant to section 11-1605.

2. Adopt an application process and time frames for the installation, modification or replacement of utility poles or wireless support structures, or for the collocation of small wireless facilities, that comply with section 11-1605.  The application process and time frames shall be adopted within the period beginning on August 9, 2017 and ending after the time allowed under the county's procedures adopted under section 11-1605 for the adoption of an ordinance, or ninety days after receiving a request by a wireless provider, whichever is later.
A.R.S. § 11-505 — Arizona Code / Title 11 / Chapter 3 / Article 4 / Section 505
11-505 Disclosure of confidential information; violation; classification; definition
Status: in_force

11-505. Disclosure of confidential information; violation; classification; definition

A. A person, including a former employee or agent of the treasurer, who has received confidential information while an employee or agent of the treasurer shall not disclose that information except as provided in subsection B of this section.

B. Confidential information relating to a taxpayer may be disclosed:

1. To the taxpayer, its successor in interest or a designee of the taxpayer who is authorized in writing by the taxpayer. A principal corporate officer of a parent corporation may execute a written authorization for a controlled subsidiary.

2. To the taxpayer's title company duly licensed with the department of insurance and financial institutions.

3. Pursuant to a lawful court order or a subpoena that is issued by a law enforcement agency pursuant to a criminal investigation.

4. To the auditor general pursuant to an official audit and a written request specifying the information to be disclosed.

C. A knowing disclosure of confidential information in violation of this section is a class 6 felony.

D. For the purposes of this section, "confidential information" includes the following information whether it concerns individual taxpayers or is aggregate information for specifically identified taxpayers:

1. Images of checks received in payment of any ad valorem property tax.

2. Signatures, bank account numbers and bank routing numbers contained on checks received in payment of any ad valorem property tax.
A.R.S. § 11-133 — Arizona Code / Title 11 / Chapter 1 / Article 3 / Section 133
11-133 Petition; contents
Status: in_force

11-133. Petition; contents

A. The division or formation of counties pursuant to this article shall be initiated by petition. The petition shall be addressed to the secretary of state and shall contain:

1. The name and address of the person or organization proposing the formation of new counties.

2. The name of the affected county or counties.

3. A description of the boundaries of the proposed counties and a statement that the boundaries are subject to review and final determination by the county formation commission.

4. A statement of the approximate assessed valuation in each proposed county and the source of those data.

5. A statement of the approximate population in each proposed county and the source of those data.

6. A statement of the approximate total land area and privately owned land area in square miles of each proposed county.

7. A request to begin proceedings for the formation of new counties.

B. The petition must be signed by qualified electors who are equal in number to at least twenty per cent of the number of registered voters of each affected county as of January 1 following the last general election.  Each petitioner shall include his printed name, his address and the date of signing.
A.R.S. § 11-269.17 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 269.17
11-269.17 Limits on regulation of vacation rentals and short-term rentals; state preemption; civil penalties; transaction privilege tax license suspension; definitions
Status: in_force

11-269.17. Limits on regulation of vacation rentals and short-term rentals; state preemption; civil penalties; transaction privilege tax license suspension; definitions

A. A county may not prohibit vacation rentals or short-term rentals.

B. A county may not restrict the use of or regulate vacation rentals or short-term rentals based on their classification, use or occupancy except as provided in this section. A county may regulate vacation rentals or short-term rentals within the unincorporated areas of the county as follows:

1. To protect the public's health and safety, including rules and regulations related to fire and building codes, health and sanitation, transportation or traffic control and solid or hazardous waste and pollution control, if the county demonstrates that the rule or regulation is for the primary purpose of protecting the public's health and safety.

2. To adopt and enforce use and zoning ordinances, including ordinances related to noise, protection of welfare, property maintenance and other nuisance issues, if the ordinance is applied in the same manner as other property classified under sections 42-12003 and 42-12004.

3. To limit or prohibit the use of a vacation rental or short-term rental for the purposes of housing sex offenders, operating or maintaining a sober living home, selling illegal drugs, liquor control or pornography, obscenity, nude or topless dancing and other adult-oriented businesses.

4. To require the owner of a vacation rental or short-term rental to provide the county with emergency contact information for the owner or the owner's designee who is responsible for responding to complaints or emergencies in a timely manner in person if required by public safety personnel, over the phone or by email at any time of day before offering for rent or renting the vacation rental or short-term rental. In addition to any other penalty imposed pursuant to this section, the county may impose a civil penalty of up to $1,000 against the owner for every thirty days the owner fails to provide contact information as prescribed by this paragraph. The county shall provide thirty days' notice to the owner before imposing the initial civil penalty.

5. To require the owner of a vacation rental or short-term rental to obtain and maintain a local regulatory permit or license.  As a condition of issuance of a permit or license, the application for the permit or license may require an applicant to provide only the following:

(a) The name, address, telephone number and email address for the owner or owner's agent.

(b) The address of the vacation rental or short-term rental.

(c) Proof of compliance with section 42-5005.

(d) Contact information required pursuant to paragraph 4 of this subsection.

(e) Acknowledgment of an agreement to comply with all applicable laws, regulations and ordinances.

(f) A fee not to exceed the actual cost of issuing the permit or license or $250, whichever is less.

6. To require, before offering a vacation rental or short-term rental for rent for the first time, the owner or the owner's designee of a vacation rental or short-term rental to notify all single-family residential properties adjacent to and directly and diagonally across the street from the vacation rental or short-term rental.  Notice shall be deemed sufficient in a multifamily residential building if given to residents on the same building floor.  A county may require additional notification pursuant to this paragraph if the contact information previously provided changes. Notification provided in compliance with this paragraph shall include the permit or license number if required by the county, the address of the vacation rental or short-term rental and the information required pursuant to paragraph 4 of this subsection.  The owner or the owner's designee shall demonstrate compliance with this paragraph by providing the county with an attestation of notification compliance that consists of the following information:

(a) The permit or license number of the vacation rental or short-term rental, if required by the county.

(b) The address of each property notified.

(c) A description of the manner in which the owner or owner's designee chose to provide notification to each property subject to notification.

(d) The name and contact information of the person attesting to compliance with this paragraph.

7. To require the owner or owner's designee of a vacation rental or short-term rental to display the local regulatory permit number or license number, if any, on each advertisement for a vacation rental or short-term rental that the owner or owner's designee maintains.  A county that does not require a local regulatory permit or license may require the owner or owner's designee of a vacation rental or short-term rental to display the transaction privilege tax license number required by section 42-5042 on each advertisement for a vacation rental or short-term rental that the owner or owner's designee maintains.

8. To require the vacation rental or short-term rental to maintain liability insurance appropriate to cover the vacation rental or short-term rental in the aggregate of at least $500,000 or to advertise and offer each vacation rental or short-term rental through an online lodging marketplace that provides equal or greater coverage.

9. To require the owner of a vacation rental or short-term rental to reside on the property if the property contains an accessory dwelling unit and if a certificate of occupancy, certificate of completion or similar final approval for the accessory dwelling unit was issued by the county on or after September 14, 2024.  This paragraph does not apply to an owner of a vacation rental or short-term rental if the property contains an accessory dwelling unit and the certificate of completion, the certificate of occupancy or a similar final approval for the accessory dwelling unit was issued on or before September 13, 2024.

C. A county that requires a local regulatory permit or license pursuant to this section shall issue or deny the permit or license within seven business days of receipt of the information required by subsection B, paragraph 5 of this section and otherwise in accordance with section 11-1602, except that a county may deny issuance of a permit or license only for any of the following:

1. Failure to provide the information required by subsection B, paragraph 5, subdivisions (a) through (e) of this section.

2. Failure to pay the required permit or license fee.

3. At the time of application the owner has a suspended permit or license for the same vacation rental or short-term rental.

4. The applicant provides false information.

5. The owner or owner's designee of a vacation rental or short-term rental is a registered sex offender or has been convicted of any felony offense that results in death or serious physical injury or any felony use of a deadly weapon within the past five years.

D. A county that requires a local regulatory permit or license pursuant to this section shall adopt an ordinance to allow the county to initiate an administrative process to suspend a local regulatory permit or license for a period of up to twelve months for the following verified violations associated with a property:

1. Three verified violations within a twelve-month period, not including any verified violation based on an aesthetic, solid waste disposal or vehicle parking violation that is not also a serious threat to public health or safety.

2. One verified violation that results in or constitutes any of the following:

(a) A felony offense committed at or in the vicinity of a vacation rental or short-term rental by the vacation rental or short-term rental owner or owner's designee.

(b) A serious physical injury or wrongful death at or related to a vacation rental or short-term rental resulting from the knowing, intentional or reckless conduct of the vacation rental or short-term rental owner or owner's designee.

(c) An owner or owner's designee knowingly or intentionally housing a sex offender, allowing offenses related to adult-oriented businesses, sexual offenses or prostitution, or operating or maintaining a sober living home, in violation of regulation or ordinance adopted pursuant to subsection B, paragraph 3 of this section.

(d) An owner or owner's designee knowingly or intentionally allowing the use of a vacation rental or short-term rental for a special event that would otherwise require a permit or license pursuant to a county ordinance or a state law or rule or for a retail, restaurant, banquet space or other similar use.

3. Notwithstanding paragraphs 1 and 2 of this subsection, any attempted or completed felony offense, arising from the occupancy or use of a vacation rental or short-term rental, that results in a death, or actual or attempted serious physical injury, shall be grounds for judicial relief in the form of a suspension of the property's use as a vacation rental or short-term rental for a period of time that shall not exceed twelve months.

E. A county that requires sex offender background checks on a vacation rental or short-term rental guest shall waive the requirement if an online lodging marketplace performs a sex offender background check of the booking guest.

F. Notwithstanding any other law, a county may impose a civil penalty of the following amounts against an owner of a vacation rental or short-term rental if the owner receives one or more verified violations related to the same vacation rental or short-term rental property within the same twelve-month period:

1. Up to $500 or up to an amount equal to one night's rent for the vacation rental or short-term rental as advertised, whichever is greater, for the first verified violation.

2. Up to $1,000 or up to an amount equal to two nights' rent for the vacation rental or short-term rental as advertised, whichever is greater, for the second verified violation.

3. Up to $3,500 or up to an amount equal to three nights' rent for the vacation rental or short-term rental as advertised, whichever is greater, for a third and any subsequent verified violation.

G. A vacation rental or short-term rental that fails to apply for a local regulatory permit or license in accordance with subsection B, paragraph 5 of this section, within thirty days of the local regulatory permit or license application process being made available by the county issuing such permits or licenses, must cease operations. In addition to any civil penalties imposed pursuant to subsection F of this section, a county may impose a civil penalty of up to $1,000 per month against the owner if the owner or owner's designee fails to apply for a regulatory permit or license within thirty days after receiving written notice of the failure to comply with subsection B, paragraph 5 of this section.

H. If multiple verified violations arise out of the same response to an incident at a vacation rental or short-term rental, those verified violations are considered one verified violation for the purpose of assessing civil penalties or suspending the regulatory permit or license of the owner pursuant to this section.

I. If the owner of a vacation rental or short-term rental has provided contact information to a county pursuant to subsection B, paragraph 4 of this section and if the county issues a citation for a violation of the county's applicable laws, regulations or ordinances or a state law that occurred on the owner's vacation rental or short-term rental property, the county shall make a reasonable attempt to notify the owner or the owner's designee of the citation within seven business days after the citation is issued using the contact information provided pursuant to subsection B, paragraph 4 of this section.  If the owner of a vacation rental or short-term rental has not provided contact information pursuant to subsection B, paragraph 4 of this section, the county is not required to provide such notice.

J. This section does not exempt an owner of a residential rental property, as defined in section 33-1901, from maintaining with the assessor of the county in which the property is located information required under title 33, chapter 17, article 1.

K. A vacation rental or short-term rental may not be used for nonresidential uses, including for a special event that would otherwise require a permit or license pursuant to a county ordinance or a state law or rule or for a retail, restaurant, banquet space or other similar use.

L. For the purposes of this section:

1. "Accessory dwelling unit" has the same meaning prescribed in section 11-810.01.

2. "Online lodging marketplace" has the same meaning prescribed in section 42-5076.

3. "Transient" has the same meaning prescribed in section 42-5070.

4. "Vacation rental" or "short-term rental":

(a) Means any individually or collectively owned single-family or one-to-four-family house or dwelling unit or any unit or group of units in a condominium or cooperative that is also a transient public lodging establishment or owner-occupied residential home offered for transient use if the accommodations are not classified for property taxation under section 42-12001.

(b) Does not include a unit that is used for any nonresidential use, including retail, restaurant, banquet space, event center or another similar use.

5. "Verified violation" means a finding of guilt or civil responsibility for violating any state law or local ordinance relating to a purpose prescribed in subsection B, D, F or K of this section that has been finally adjudicated.
A.R.S. § 11-251.12 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 251.12
11-251.12 County islands; fire and emergency services protection; intergovernmental agreement with municipalities; definition
Status: in_force

11-251.12. County islands; fire and emergency services protection; intergovernmental agreement with municipalities; definition

A. A county that has a population of more than one million five hundred thousand persons and that has a county island that does not form a county island fire district may enter into an intergovernmental agreement with a municipality or municipalities for fire protection and emergency medical services in that county island. Notwithstanding any other law, a county is liable if the county was negligent in enforcing building, zoning or other related codes in a county island and a municipality that has an intergovernmental agreement to provide fire and emergency medical services pursuant to this section is hindered in responding to an emergency because of a building, zoning or other related code issue.

B. If a municipality elects to provide fire and emergency medical services in a county island where a private provider of fire or emergency services already has facilities or provides service, the municipality and the private provider shall enter into an agreement covering the roles and relationships regarding mutual aid or backup agreements and any services for which the municipality wishes to contract and any reimbursement or billing and collection practices. The agreement shall be executed before the municipality commences providing service in the county island.  No agreement is required if the private provider notifies the municipality that it will cease service in the county island within one hundred eighty days after the date the municipality commences providing service.

C. Any private provider of fire or emergency medical services or both that is providing services in a county island shall provide notice of termination of services to those residents receiving services.  The private provider shall provide that notice at least twelve months before termination or withdrawal of those services.

D. For the purposes of this article, "county island" means unincorporated territory that is surrounded on all sides by a municipality or where the unincorporated territory that has borders that involve a combination of a municipality or municipalities and an Indian reservation.
A.R.S. § 11-588 — Arizona Code / Title 11 / Chapter 3 / Article 11 / Section 588
11-588 State aid to indigent defense fund
Status: in_force

11-588. State aid to indigent defense fund

A. The state aid to indigent defense fund is established consisting of monies appropriated to the fund and monies allocated to the fund pursuant to section 41-2421, subsections B and J. The purpose of the fund is to provide state aid to the county public defender, legal defender and contract indigent defense counsel for the processing of criminal cases.

B. The Arizona criminal justice commission shall administer the fund. The commission shall allocate monies in the fund to each county pursuant to section 41-2409, subsection C.

C. All monies distributed or spent from the fund shall be used to supplement, not supplant, funding at the level provided in fiscal year 1997-1998 by counties for the processing of criminal cases by the county public defender, legal defender and contract indigent defense counsel in each county.

D. Monies in the state aid to indigent defense fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations and monies allocated pursuant to section 41-2421, subsections B and J are subject to legislative appropriation.  Any state general fund monies appropriated to the fund may be spent without further legislative appropriation.

E. On notice from the commission, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 11-377 — Arizona Code / Title 11 / Chapter 2 / Article 12 / Section 377
11-377 Form of bonds; interest rates; redemption; payment of principal and interest; additional security; definition
Status: in_force

11-377. Form of bonds; interest rates; redemption; payment of principal and interest; additional security; definition

A. Bonds issued under this article shall be fully negotiable within the meaning and for all purposes provided by title 47. They may be in one or more series, may bear such dates, may be payable in such medium of payment and at such places, may carry such registration privileges, may have that priority or lien position between bondholders, shall be executed in such manner, may contain such other terms, covenants and conditions, and may be in such form as the board of supervisors by resolution prescribes. The final payment shall be due not more than thirty years from the date of issuance, as the board of supervisors may prescribe. Any or all of such bonds shall be callable at such times, on such terms and in such manner as the board of supervisors by resolution prescribes.

B. Any or all of the bonds may be sold by calling for bids at public sale, through an on-line bidding process, under an accelerated bidding process or by negotiated sale. If sold under an accelerated bidding process, the bonds shall be sold at the lowest cost the board of supervisors deems then available after having received at least three pricing quotations from recognized purchasers of bonds of the type being sold. If sold at public sale or through an on-line bidding process, the bonds shall be sold to the bidder making the best bid.  If bonds are sold through an on-line bidding process, bids for the bonds that are entered into the system may be concealed until a specified time or disclosed in the on-line bidding process, may be subject to improvement in favor of the county before a specified time and may be for an entire issue or specified maturities according to the manner, terms and notice provisions ordered by the board of supervisors.

C. The bonds may be sold below, at or above par. If an issue of bonds is sold below par, the aggregate amount of discount plus interest to be paid on the bonds must not exceed the amount of interest that would be payable on the bonds over the maturity schedule prescribed by the board of supervisors at the maximum rate set out in the resolution calling the election at which the bonds were voted.

D. If sold at public sale, the board of supervisors shall call for bids for the bonds by giving notice thereof at least once a week for two successive weeks within a county having a population of five hundred thousand persons or more, and once a week for four successive weeks in a newspaper of general circulation within a county having a population of less than five hundred thousand persons. The notice shall be in the form prescribed by the board of supervisors. The bids shall be for the entire bond issue unless the board of supervisors by resolution allows bidding therefor in parcels of less than the entire issue.

E. Notwithstanding any other provision of this section, bonds may be sold to natural persons residing in this state by negotiated sale on terms the board of supervisors deems to be the best then available and may bear interest payable at times determined by the board of supervisors. The bonds may be sold below, at or above par, provided that if the bonds are sold below par, the aggregate amount of discount plus interest to be paid on the bonds must not exceed the amount of interest that would be payable on the bonds over the maturity schedule prescribed by the board of supervisors at the maximum rate set out in the resolution calling the election at which the bonds were voted.

F. Bonds issued by a county may bear interest at any rate or rates not in excess of the maximum rate of interest set forth in the resolution calling the election, payable at the times determined by the board of supervisors, provided that each such bond may be evidenced by one instrument, or if commercial paper, by a succession of instruments each bearing interest payable only at maturity. Bonds or commercial paper issued under this article are subject to the following:

1. The bonds may bear interest at a fixed, variable or combination rate, none of which exceeds the maximum rate of interest set forth in the resolution calling the election.

2. A variable rate shall be based on any objective measure of the current value of money borrowed such as the announced prime rate of a bank, the rates borne by obligations of the United States or an index or other formula provided for by the board of supervisors. The board of supervisors shall employ a recognized agent in municipal bonds to market and remarket the bonds or commercial paper issued and to establish an interest rate in accordance with the approved index or formula.

3. The board of supervisors may grant to the owner of any bond a right to tender or may require the tender of the bond for payment or purchase at one or more times before maturity and may enter into appropriate agreements with any bank, financial institution, insurance company or indemnity company for the purchase of bonds so tendered. This agreement may provide that while the bonds are held by the bank, financial institution, insurance company or indemnity company the bonds may bear interest at a rate higher than when the bonds are held by other owners, but not in excess of the maximum rate of interest set forth in the resolution calling the election.

4. If bonds are tendered before maturity under an agreement to pay for or purchase bonds when so tendered, the county may provide for the purchase and resale of those bonds pursuant to the tenders without extinguishing the obligation represented by them or incurring a new obligation on the resale, whether or not those bonds are represented by the same instruments when purchased as when resold.

5. Compensation for the resale of the bonds shall not be based on or measured by the difference between the price at which the bonds are purchased and the price at which the bonds are resold.

6. The board of supervisors may:

(a)  Contract with a bank, financial institution, insurance company or indemnity company to provide additional security for the bonds in the form of a line of credit, letter of credit, insurance policy or other security.

(b)  Pay the costs of this additional security from amounts provided in the bond issue or from other available sources and may enter into reimbursement obligations in connection with the cost of the additional security.

7. Any reimbursement obligation entered into with the bank, financial institution, insurance company or indemnity company shall not provide for the payment of interest in excess of the maximum rate of interest set forth in the resolution calling the election. The reimbursement obligation does not constitute a general obligation of the county and is payable from the same source as the bonds, or from other available revenues, as determined by the board of supervisors.

8. Variable rate bonds and commercial paper may be sold at competitive public sale, through an on-line bidding process or at negotiated sale. A competitive public sale may be accomplished pursuant to a notice of sale published at the times and in the manner provided in subsection D. This notice shall provide the terms and conditions determined by the board of supervisors.

9. If bonds are to be issued in the form of commercial paper, the board of supervisors shall first provide for the establishment of the schedule for the maturities of the bonds within the maximum period permitted by the voted proposition. The individual instruments representing the bonds may mature over shorter periods and may be retired with proceeds of subsequent instruments or with the proceeds of definitive bonds, but they shall be finally paid according to the schedule of bond maturities or earlier.

10. Bonds issued in the form of commercial paper may be sold through an agent in the form of instruments that mature at intervals the agent determines to be most advantageous to the issuer after giving public notice to potential investors as determined by the board of supervisors.

11. Bonds may be issued as compound interest bonds bearing interest payable only at maturity but compounded periodically until that date at a fixed rate no higher than the rate set forth in the resolution calling the election.

G. Pending preparation of the definitive bonds, interim receipts or certificates may be issued to the purchaser of the bonds in such form and with such provisions as the board of supervisors prescribes.

H. The principal of and interest on the bonds shall be payable primarily from the proceeds of revenues derived from taxes, fees, charges and other monies collected by the state and returned to such counties for street and highway purposes pursuant to the law.

I. As additional security for the payment of such bonds, a county, by resolution submitted to the qualified electors at a special election called for such purpose, and on the approval of such resolution by a majority of the voters voting at such election, may pledge its full faith and credit for the payment of the bonds, and if such pledge is made, and the revenues pledged to the payment of such bonds are at any time insufficient therefor, the county shall be obligated to pay such bonds with interest to the same extent as other general obligation bonds of the county, and shall be reimbursed from subsequent revenues received by the county from taxes, fees, charges and other monies collected by the state and returned to such county for street and highway purposes pursuant to law.

J. For purposes of this section, "on-line bidding process" means a procurement process in which the governing body receives bids electronically over the internet in a real-time, competitive bidding event.
A.R.S. § 11-255 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 255
11-255 Contract for advertising and printing
Status: in_force

11-255. Contract for advertising and printing

A. The board shall contract for all advertising, publications and printing required to be done or made by all departments of county government.

B. Written notice of letting the contract shall be provided to a representative of each qualified newspaper within the county, at least ten days before the opening of bids, calling for written bids for the advertising, publications and printing required by all county departments and stating on what day the bids received will be opened. The written notice required by this subsection may be provided by electronic means.

C. A contract shall be made with the lowest and best bidder, in the discretion of the board, and to a newspaper that for at least one year has been admitted to the United States mail as second-class matter, if the bid is within the legal rate. During the existence of the contract, all advertising, publications and printing ordered by any department of county government shall be provided to the newspaper awarded the contract for printing under the terms and conditions of the contract.

D. The newspaper that is awarded the contract pursuant to subsection C of this section may be referred to as the official newspaper of the county.

E. Notwithstanding subsection C of this section, the board of supervisors, for itself and all departments of county government, may advertise, publish and print in a publication other than the official newspaper, if any of the following apply:

1. The advertising, publishing or printing is in addition to that required to be done in the official newspaper of the county.

2. The advertising, publishing or printing is authorized but not required by law.

3. The advertising, publishing or printing is required by statute to be done in a location other than that of the official newspaper of the county.
A.R.S. § 11-483 — Arizona Code / Title 11 / Chapter 3 / Article 3 / Section 483
11-483 Records maintained by county recorder; confidentiality; definitions
Status: in_force

11-483. Records maintained by county recorder; confidentiality; definitions

A. Notwithstanding any other provision of this article, in any county an eligible person may request that the general public be prohibited from accessing the unique identifier and the recording date contained in indexes of recorded instruments maintained by the county recorder and may request the county recorder to prohibit access to that person's identifying information, including any of the following:

1. That person's documents, instruments or writings recorded by the county recorder.

2. If the person is a public official, the address of a property held in trust by the public official.

B. An eligible person may request this action by filing an affidavit that states all of the following on an application form developed by the administrative office of the courts in agreement with an association of counties, an organization of peace officers and the motor vehicle division of the department of transportation:

1. The person's full legal name and residential address.

2. The full legal description and parcel number of the person's property.

3. Unless the person is the spouse of a peace officer or the spouse or minor child of a deceased peace officer or the person is a former public official or former judge, the position the person currently holds and a description of the person's duties, except that an eligible person who is protected under an order of protection or injunction against harassment shall instead attach a copy of the order of protection or injunction against harassment or an eligible person who is a participant in the address confidentiality program shall instead attach a copy of the participant's current and valid address confidentiality program authorization card issued pursuant to section 41-163 and a statement of certification provided by the secretary of state's office.

4. The reasons the person reasonably believes that the person's life or safety or that of another person is in danger and that restricting access pursuant to this section will serve to reduce the danger.

5. The document locator number and recording date of each instrument for which the person requests access restriction pursuant to this section.

6. A copy of pages from each instrument that includes the document locator number and the person's identifying information, including the person's full legal name and residential address or full legal name and telephone number.

C. If an eligible person is also requesting pursuant to section 11-484 that the general public be prohibited from accessing records maintained by the county assessor and county treasurer, the eligible person may combine the request pursuant to subsection B of this section with the request pursuant to section 11-484 by filing one affidavit. The affidavit and subsequent action by the appropriate authorities shall meet all of the requirements of this section and section 11-484.

D. The affidavit shall be filed with the presiding judge of the superior court in the county in which the affiant resides. To prevent multiple filings, an eligible person who is a peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member or law enforcement support staff member shall deliver the affidavit to the peace officer's commanding officer, or to the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, who shall file the affidavits at one time.  In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier presentation, the commanding officer, or the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, shall not file affidavits more often than quarterly.

E. On receipt of an affidavit or affidavits, the presiding judge of the superior court shall file with the clerk of the superior court a petition on behalf of all requesting affiants. Each affidavit presented shall be attached to the petition. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier consideration, the presiding judge may accumulate affidavits and file a petition at the end of each quarter.

F. The presiding judge of the superior court shall review the petition and each attached affidavit to determine whether the action requested by each affiant should be granted. If the presiding judge of the superior court concludes that the action requested by the affiant will reduce a danger to the life or safety of the affiant or another person, the presiding judge of the superior court shall order that the county recorder prohibit access for five years to the affiant's identifying information, including any of that person's documents, instruments or writings recorded by the county recorder and made available on the internet.  If the presiding judge of the superior court concludes that the affiant or another person is in actual danger of physical harm from a person or persons with whom the affiant has had official dealings and that action pursuant to this section will reduce a danger to the life or safety of the affiant or another person, the presiding judge of the superior court shall order that the general public be prohibited for five years from accessing the unique identifier and the recording date contained in indexes of recorded instruments maintained by the county recorder and identified pursuant to subsection B of this section.

G. On motion to the court, if the presiding judge of the superior court concludes that an instrument or writing recorded by the county recorder has been redacted or sealed in error, that the original affiant no longer lives at the address listed in the original affidavit, that the cause for the original affidavit no longer exists or that temporary access to the instrument or writing is needed, the presiding judge may temporarily stay or permanently vacate all or part of the court order prohibiting public access to the recorded instrument or writing.

H. On entry of the court order, the clerk of the superior court shall file the court order and a copy of the affidavit required by subsection B of this section with the county recorder.  Not more than ten days after the date on which the county recorder receives the court order, the county recorder shall restrict access to the information as required by subsection F of this section.

I. If the court denies an affiant's request pursuant to this section, the affiant may request a court hearing. The hearing shall be conducted by the court in the county where the petition was filed.

J. The county recorder shall remove the restrictions on all records restricted pursuant to this section by January 5 in the year after the court order expires.  The county recorder shall send by mail one notice to either the health professional, election officer, public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment or the employing agency of the peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member, law enforcement support staff member or employee of adult protective services who was granted an order pursuant to this section of the order's expiration date at least six months before the expiration date.  If the notice is sent to the employing agency, the employing agency shall immediately notify the person who was granted the order of the upcoming expiration date.  The county recorder may coordinate with the county assessor and county treasurer to prevent multiple notices from being sent to the same person.

K. To include subsequent recordings in the court order, the eligible person shall present to the county recorder at the time of recordation a certified copy of the court order or shall provide to the county recorder the recording number of the court order. The county recorder shall ensure that public access is restricted pursuant to subsection A of this section.

L. This section does not restrict access to public records for the purposes of perfecting a lien pursuant to title 12, chapter 9, article 2.

M. This section does not prohibit access to the records of the county recorder by parties to the instrument, a law enforcement officer performing the officer's official duties pursuant to subsection N of this section, a title insurer, a title insurance agent or an escrow agent licensed by the department of insurance and financial institutions.

N. A law enforcement officer is deemed to be performing the officer's official duties if the officer provides a subpoena, court order or search warrant for the records.

O. For the purposes of this section:

1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes.

2. "Commissioner" means a commissioner of the superior court or municipal court.

3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.

4. "Election officer" means a state, county or municipal employee who holds an election officer's certificate issued pursuant to section 16-407.

5. "Eligible person" means a health professional, election officer, public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, justice, judge, commissioner, hearing officer, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the commission on appellate court appointments, member of the board of executive clemency, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment, person who is a participant in the address confidentiality program pursuant to title 41, chapter 1, article 3 or firefighter who is assigned to the Arizona counter terrorism information center in the department of public safety.

6. "Former public official" means a person who was duly elected or appointed to Congress, the legislature or a statewide office, who ceased serving in that capacity and who was the victim of a dangerous offense as defined in section 13-105 while in office.

7. "Health professional" means an individual who is licensed pursuant to title 32, chapter 13, 15, 17, 19.1, 25 or 33.

8. "Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553.

9. "Indexes" means only those indexes that are maintained by and located in the office of the county recorder, that are accessed electronically and that contain information beginning from and after January 1, 1987.

10. "Judge" means a judge or former judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the United States immigration court, the Arizona court of appeals, the superior court or a municipal court.

11. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.

12. "Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings.

13. "Peace officer":

(a) Means any person vested by law, or formerly vested by law, with a duty to maintain public order and make arrests.

(b) Includes a federal law enforcement officer or agent who resides in this state and who has the power to make arrests pursuant to federal law.

14. "Prosecutor" means a current or former county attorney, municipal prosecutor, attorney general or United States attorney and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.

15. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.

16. "Public official" means a person who is duly elected or appointed to Congress, the legislature, a statewide office or a county, city or town office.
A.R.S. § 11-251.08 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 251.08
11-251.08 County fee for service authority; alternate fee schedule; fee limits; adoption procedures
Status: in_force

11-251.08. County fee for service authority; alternate fee schedule; fee limits; adoption procedures

A. In addition to any other county power or authority the board of supervisors may adopt fee schedules for any specific products and services the county provides to the public. Notwithstanding fee schedules or individual charges in statute, a board of supervisors may adopt an additional charge or separate individual charge.

B. Any fee or charge established pursuant to this section must be attributable to and defray or cover the expense of the product or service for which the fee or charge is assessed. A fee or charge shall not exceed the actual cost of the product or service.

C. Before adoption of a fee for service or an additional or separate charge pursuant to this section, the board of supervisors shall hold a public hearing on the issue with at least fifteen days' published notice.

D. Nothing in this section shall apply to products and services provided to cities and towns.
A.R.S. § 11-1917 — Arizona Code / Title 11 / Chapter 14 / Article 2 / Section 1917
11-1917 Termination of service
Status: in_force

11-1917. 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 county 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 county.

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 counties notice at least ninety days before termination of service in all of a service area that consists of the boundaries of the county.
A.R.S. § 11-803 — Arizona Code / Title 11 / Chapter 6 / Article 1 / Section 803
11-803 Consultants; employees; use of services by city or town
Status: in_force

11-803. Consultants; employees; use of services by city or town

A. The board may contract with consultants for services as may be required, employ those persons and provide monies as it deems necessary to carry on the work of the commission and the enforcement of this chapter.

B. If a consultant or employees, or both, are provided to carry on county planning work as prescribed in this chapter, the regularly appointed planning and zoning commission of an incorporated city or town within the county may request the services of the consultant or employees, or both, for consultation and advice, including the preparation or review of comprehensive plans, zoning ordinances and subdivision regulations within the boundaries of the incorporated city or town.  The board, if it deems it proper after consultation with the commission, may make those services available as mutually agreed to by the board, commission and the affected city or town.
A.R.S. § 11-810 — Arizona Code / Title 11 / Chapter 6 / Article 1 / Section 810
11-810 Requirement of planned community prohibited
Status: in_force

11-810. Requirement of planned community prohibited

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

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

C. This section does not limit the subdivider or developer in the establishment or authority of any planned community established pursuant to title 33, chapter 16 or limit a subdivider, a developer or an association from requesting and entering into a maintenance agreement with a county.
A.R.S. § 11-219 — Arizona Code / Title 11 / Chapter 2 / Article 2 / Section 219
11-219 Authority to require services of sheriff
Status: in_force

11-219. Authority to require services of sheriff

The board may direct the sheriff to attend its meetings to preserve order, and serve subpoenas, notices or citations. Neither the officer serving subpoenas nor the witnesses are entitled to fees.
A.R.S. § 11-1803 — Arizona Code / Title 11 / Chapter 13 / Article 1 / Section 1803
11-1803 Access to right-of-way by wireless providers
Status: in_force

11-1803. Access to right-of-way by wireless providers

A. Subject to this section and sections 11-1802, 11-1804, 11-1806, 11-1807, 11-1809 and 11-1810, a wireless provider may construct, install, modify, mount, maintain, operate and replace utility poles along, across, on and under the right-of-way and collocate small wireless facilities on utility poles and wireless support structures.

B. The following requirements apply to the construction, installation, mounting, maintenance, modification, operation or replacement of utility poles by a wireless provider in the right-of-way and the collocation of small wireless facilities on utility poles or wireless support structures by wireless providers in the right-of-way:

1. A county shall issue a permit for the collocation of small wireless facilities on or adjacent to a county utility pole or the collocation of small wireless facilities with ground-mounted equipment adjacent to any other party's utility pole or wireless support structure if both of the following apply:

(a) The applicant provides the sealed statement of a registered engineer demonstrating that the utility pole or wireless support structure is structurally sound and able to support the proposed small wireless facility.

(b) The collocation complies with applicable codes and the terms for collocation adopted under section 11-1802, subsection E.

2. The collocation of small wireless facilities pursuant to paragraph 1 of this subsection is a permitted use in all zoning districts and zoning review and approval is not required.  If the applicant fails to demonstrate that a county utility pole is structurally sound and able to support the proposed small wireless facility, the county may condition a permit on replacement of the county utility pole at the applicant's expense. The wireless provider's request to install a replacement utility pole will be processed under section 11-1802, subsection D, paragraph 4. The county shall own the replacement utility pole.

3. A county shall issue a permit for the installation, modification or replacement of a utility pole if all of the following apply:

(a) The applicant provides the sealed statement of a registered engineer demonstrating that the utility pole is structurally sound and able to support the proposed small wireless facility.

(b) The proposed location of the utility pole complies with reasonable restrictions adopted by the county that require distances of separation between utility poles, ground-mounted equipment and wireless support structures.

(c) The installation, modification or replacement complies with the applicable codes and terms for installation, modification or replacement adopted under section 11-1802, subsection E.

4. The installation, modification or replacement of a utility pole approved pursuant to paragraph 3 of this subsection is a permitted use in all zoning districts and subject to only administrative zoning review and approval unless the installation, modification or replacement would not comply with the height requirements of paragraph 5 of this subsection, an undergrounding requirement described in paragraph 6 of this subsection or a pole spacing requirement described in paragraph 7 of this subsection.

5. A proposed or modified utility pole installed in a county right-of-way may not exceed the greater of ten feet in height above the tallest utility pole, other than a utility pole supporting only wireless facilities, that is in place on August 9, 2017 and that is located within five hundred feet of the proposed utility pole in the same right-of-way or fifty feet above ground level.  An applicant may apply for an administrative waiver to exceed these height limitations.

6. Wireless providers must comply with undergrounding requirements that prohibit the installation of new structures in a right-of-way without prior approval if such requirements do not prohibit the replacement of existing structures and facilities. An applicant may apply for an administrative waiver to install a utility pole in a right-of-way where such undergrounding requirements apply.

7. Wireless providers shall comply with reasonable requirements concerning spacing between utility poles and ground-mounted equipment in the right-of-way.  An applicant may apply for an administrative waiver to install a utility pole in closer proximity to another pole or ground-mounted equipment than these spacing requirements would permit.

C. A county shall adopt an administrative waiver process for subsection B, paragraphs 5, 6 and 7 of this section that complies with section 11-1605. The application process and time frames shall be adopted within the time period beginning on August 9, 2017 and ending after the time allowed under the county's procedures adopted pursuant to section 11-1605 for the adoption of an ordinance, or ninety days after receiving a request by a wireless provider, whichever is later.  An applicant is entitled to all of the rights granted in chapter 11, article 1 of this title.
A.R.S. § 11-1703 — Arizona Code / Title 11 / Chapter 12 / Article 1 / Section 1703
11-1703 Material affect on health and safety of occupants
Status: in_force

11-1703. Material affect on health and safety of occupants

For the purposes of this chapter, a condition that materially affects the health and safety of the occupants of a residential rental dwelling unit includes any of the following conditions:

1. Inadequate sanitation, ventilation or space requirements, including the following:

(a) Lack of or inadequate water closets, lavatories, bathtubs or showers.

(b) Lack of a required kitchen sink or a kitchen sink that does not comply with the building code of the county in which the property is located.

(c) Lack of hot and cold running water to plumbing fixtures.

(d) Lack of adequate heating and cooling.

(e) Lack of or improper operation of required ventilating equipment or broken or missing windows or doors that create a hazardous condition or a potential attraction to trespassers.

(f) Lack of minimum amounts of natural light and ventilation as required by the building code.

(g) Inadequate room and space dimensions as required by the building code.

(h) Lack of required adequate electricity and lighting as required by the building code.

(i) Infestation of insects, vermin or rodents.

(j) Lack of connection to a sewage disposal system as required by the building code.

(k) Lack of adequate garbage and rubbish storage and removal facilities.

2. Structural hazards, including the following:

(a) Significantly deteriorated or inadequate foundations or foundation areas that are not provided with adequate drainage.

(b) Flooring or floor supports of insufficient size to carry imposed loads with safety.

(c) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.

(d) Members of ceilings, roofs, ceiling and roof supports or other horizontal members that significantly sag, split or buckle due to defective material or deterioration.

(e) Fireplaces or chimneys that list, bulge or settle due to defective material or deterioration or that are of insufficient size or strength to carry imposed loads with safety.

3. Hazardous wiring that does not conform with the building code or that has not been maintained in good condition, or both, and that is not being used in a safe manner.

4. Hazardous plumbing that does not conform with the building code or that has not been maintained in good condition, or both, and that is not free of cross-connections and siphonage between fixtures.

5. Hazardous mechanical equipment, including vents that do not conform with the building code or that have not been maintained in good and safe condition and that are not working properly.

6. Faulty weather protection that may include:

(a) Significantly deteriorated, crumbling or loose plaster.

(b) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.

(c) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.

(d) Broken, rotted, split or buckled exterior wall coverings or roof coverings.

7. Fire hazards or inadequate fire protection, including:

(a) Any building or portion of a building or any device, apparatus, equipment, combustible waste or vegetation that is not in compliance with the building code and that is in such a condition as to cause a fire or explosion or to provide a ready fuel to augment the spread and intensity of a fire or explosion arising from any cause.

(b) Any building or portion of a building that is not provided with fire-resistive construction or fire extinguishing systems or equipment required by the building code, except those buildings or portions of buildings that conformed with all applicable building code laws and that have fire-resistive integrity and fire extinguishing systems or equipment that has been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

(c) Lack of adequate fire detection systems as required by law.

8. Faulty materials or construction that is not specifically allowed or approved by the building code or that has not been adequately maintained in good and safe condition.

9. Hazardous or unsanitary premises, including those premises on which an accumulation of weeds, vegetation, refuse, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards.

10. Inadequate maintenance, including any building or portion of a building that is determined to be an unsafe building in accordance with the building code.

11. Unhealthy conditions, including any condition as defined in the building code that results in the failure to maintain minimum standards of sanitation, health or safety or that renders air, food or drink unwholesome or detrimental to health.

12. Inadequate exits, including all buildings or portions of a building that are not provided with adequate exit facilities as required by the building code and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

13. Improper occupancy, including all buildings or portions of a building that are occupied for living, sleeping, cooking or dining purposes and that were not designed and permitted to be used for such occupancies, or that are occupied in excess of the maximum occupancy load allowed by any applicable provision of the building code or state law.
A.R.S. § 11-269.25 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 269.25
11-269.25 Communications; accessibility; emergency response interpreters
Status: in_force

11-269.25. Communications; accessibility; emergency response interpreters

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

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

C. This section does not prevent a county from communicating to the public during an emergency situation if an interpreter is unavailable.
A.R.S. § 11-269.27 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 269.27
11-269.27 Administrative review and approval; self-certification program; expedited approval; definitions
Status: in_force

11-269.27. Administrative review and approval; self-certification program; expedited approval; definitions

A. Notwithstanding any other law, the board of supervisors of a county may by ordinance do the following:

1. Authorize administrative personnel to review and approve site plans, development plans, land divisions, lot line adjustments, lot ties, assurances, preliminary plats, final plats and plat amendments without a public hearing held by the board of supervisors.

2. Authorize administrative personnel to review and approve design plans based on objective standards without a public hearing.

3. Adopt a self-certification program allowing registered architects and professional engineers to certify and be responsible for compliance with all applicable ordinances and construction standards for projects that the ordinance identifies as being qualified for self-certification.

4. Allow at-risk submittals for certain on-site preliminary grading and drainage work or infrastructure.

5. Allow applicants with a history of compliance with building codes and regulations to be eligible for expedited permit review.

B. Applications for a license pursuant to this section are subject to chapter 11, article 1 of this title.

C. For the purposes of this section:

1. "License" has the same meaning prescribed in section 9-831.

2. "Objective" means not influenced by personal interpretation, taste or feelings of a county employee and verifiable by reference to an adopted benchmark, standard or criterion available and knowable by the applicant or proponent.
A.R.S. § 11-501 — Arizona Code / Title 11 / Chapter 3 / Article 4 / Section 501
11-501 Monthly and annual reports to the board; posting
Status: in_force

11-501. Monthly and annual reports to the board; posting

A. The county treasurer shall report accounts of collection, custody and disbursement of public revenue to the county board of supervisors on the fifteenth day of each month for the preceding month.  For that purpose the treasurer shall prepare a statement, under oath, of the amount of monies or other property received, the sources from which the monies or property derived, the amount of payments or disbursements and to whom, with the amount remaining on hand.

B. The treasurer shall deposit all paid warrants issued by the board of supervisors with the clerk of the board.

C. The treasurer shall also make a full report to the board annually as of the last business day of June.

D. The treasurer shall post all annual and monthly reports on the treasurer's website. The treasurer shall post a report within five days after the treasurer submits the report to the board of supervisors.
A.R.S. § 11-1002 — Arizona Code / Title 11 / Chapter 7 / Article 6 / Section 1002
11-1002 Powers and duties; state veterinarian; Arizona department of agriculture
Status: in_force

11-1002. Powers and duties; state veterinarian; Arizona department of agriculture

A. The state veterinarian, employed pursuant to section 3-1211, shall designate the type or types of antirabies vaccines that may be used for vaccination of animals, the period of time between vaccination and revaccination and the dosage and method of administration of the vaccine.

B. The state veterinarian shall adopt rules to implement section 32-2240.02.

C. The Arizona department of agriculture shall regulate the handling and disposition of animals classed as livestock that have been bitten by a rabid or suspected rabid animal or are showing symptoms suggestive of rabies.
A.R.S. § 11-874 — Arizona Code / Title 11 / Chapter 6 / Article 6 / Section 874
11-874 Control of area sources; rules; industry sectors
Status: in_force

11-874. Control of area sources; rules; industry sectors

A county with a population of more than one million two hundred thousand persons as determined by the most recent United States decennial census that contains a nonattainment area as defined in section 49-401.01 shall develop, implement and enforce rules regulating the emissions from all of the following:

1. Wood coatings industry sector, through the use of technically feasible controls to reduce the emissions of volatile organic compounds. The rules shall require the reduction of a minimum of twenty-five per cent from the 1990 baseline emissions by November 15, 1995.

2. Commercial bakery industry sector, through the use of technically feasible controls to reduce the emissions of volatile organic compounds. The rules shall require the reduction of a minimum of thirty per cent from the 1990 baseline emissions by November 15, 1995.

3. Consumer and commercial products industry sector, through changes in the formulation of any product used in the cleaning of automobile windshields that contains a concentration of not more than thirty per cent by weight of volatile organic compounds as an ingredient, a solvent or any other component by November 15, 1995. The rules shall require those reductions to be achieved before the development of control techniques guidance standards developed by the United States environmental protection agency for that industry sector. If the administrator of the United States environmental protection agency finds that area A, as defined in section 49-541, has failed to demonstrate reasonable further progress or has failed to attain the national ambient air quality standards for ozone by the applicable attainment date, the county shall adopt the control techniques guidelines issued by the environmental protection agency for the industry sector.

4. Solvent cleaning operations, including the use of nonaqueous solvents. The regulations may include the use of low vapor pressure organic solvents, reformulated lower volatile organic compound content solvents or low volatile organic compound aqueous material substitutes. The rules adopted pursuant to this paragraph are exempt from the provisions of sections 49-112 and 49-479.
A.R.S. § 11-241 — Arizona Code / Title 11 / Chapter 2 / Article 3 / Section 241
11-241 Appointment; duties
Status: in_force

11-241. Appointment; duties

The board of supervisors shall appoint a clerk of the board, who shall:

1. Record all proceedings of the board.

2. Make full entries of the board's resolutions and decisions on all questions concerning the raising of money for and allowance of accounts against the county.

3. Record the vote of each member on every question upon which there is a division or at the request of any member present.

4. Sign all orders made and warrants issued by order of the board for the payment of money.

5. Record the reports of the county treasurer of the receipts and disbursements of the county.

6. Preserve and file all accounts acted upon by the board.

7. Preserve and file all petitions and record the actions of the board thereon.

8. Record all orders levying taxes.

9. Perform all other duties required by law or rule or order of the board.
A.R.S. § 11-801 — Arizona Code / Title 11 / Chapter 6 / Article 1 / Section 801
11-801 Definitions
Status: in_force

11-801. Definitions

In this chapter, unless the context otherwise requires:

1. "Aggregate" means cinder, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand.

2. "Area of jurisdiction" means that part of the county outside the corporate limits of any municipality.

3. "Board" means the board of supervisors.

4. "Commission" means the county planning and zoning commission.

5. "Indian reservation" means all lands that are held in trust by the United States for the exclusive use and occupancy of Indian tribes by treaty, law or executive order and that are currently recognized as Indian reservations by the United States department of the interior.

6. "Inspector" means the county zoning inspector.

7. "Newspaper of general circulation in the county seat" means a daily or weekly newspaper if any is published in the county seat.

8. "Rezoning" means a change in the zoning ordinance changing the zoning district boundaries within an area previously zoned.

9. "Zoning district" means any portion of a county in which the same set of zoning regulations applies.

10. "Zoning ordinance" means an ordinance that is adopted by the board of supervisors and that contains zoning regulations together with a map setting forth the precise boundaries of zoning districts within which the various zoning regulations are effective.

11. "Zoning regulations" means provisions that govern the use of land or buildings, or both, the height and location of buildings, the size of yards, courts and open spaces, the establishment of setback lines and such other matters as may otherwise be authorized under this chapter and that the board deems suitable and proper.

12. "Zoning regulations amendment" means a change in the zoning ordinance that modifies, adds to, transfers or repeals one or more zoning regulations or that adds one or more zoning regulations.
A.R.S. § 11-134 — Arizona Code / Title 11 / Chapter 1 / Article 3 / Section 134
11-134 Notice of intention to circulate petitions
Status: in_force

11-134. Notice of intention to circulate petitions

A. Before circulating a petition for the formation of new counties, the proponents shall file a notice of intention to do so with the secretary of state who shall transmit a copy to the clerk of the board of supervisors of each affected county. The notice shall include a written statement which does not exceed five hundred words and states the objectives to be achieved by forming the new counties.

B. The secretary of state shall immediately cause the notice to be published once each week for three consecutive weeks in a newspaper of general circulation in each affected county. The clerk of the board of supervisors in each affected county shall also post the notice in a public location in the county seat.

C. The petition for the formation of new counties shall not be circulated for signatures until thirty days after the notice of intention is filed with the secretary of state.
A.R.S. § 11-449 — Arizona Code / Title 11 / Chapter 3 / Article 2 / Section 449
11-449 Liability relating to writs, levies or sales
Status: in_force

11-449. Liability relating to writs, levies or sales

If a sheriff neglects to make due return of a writ or paper delivered to him to be served or executed, or is guilty of any misconduct in the service or execution thereof, he is liable to the party aggrieved for damages sustained, and, in addition, for a penalty of two hundred dollars. If the sheriff to whom a writ of execution is delivered neglects or refuses, after demand by the creditor, to levy upon or sell property of the party named in the writ which is subject to levy or execution, he is liable to the creditor for the value of the property.
A.R.S. § 11-906 — Arizona Code / Title 11 / Chapter 7 / Article 1 / Section 906
11-906 Board of library examiners; membership; compensation; powers and duties
Status: in_force

11-906. Board of library examiners; membership; compensation; powers and duties

A. The board of library examiners is established consisting of the director of the Arizona state library, archives and public records, who shall serve as the ex officio chairperson, the librarian of the university of Arizona, the librarian of the Phoenix public library and two county librarians who are appointed by the director of the Arizona state library, archives and public records.  The county librarian members shall serve one year terms, and the director shall appoint the county librarian members on a rotating basis to represent each county free library.

B. The members of the board may not receive compensation for their services except actual and necessary travel expenses which shall be paid from the general fund.

C. The board shall pass on the qualifications of persons desiring to become county librarians and, in writing, may adopt rules not inconsistent with law for its government and to carry out the purposes of this article.
A.R.S. § 11-1009 — Arizona Code / Title 11 / Chapter 7 / Article 6 / Section 1009
11-1009 Kennel permit; fee; denial; inspection; violation; classification
Status: in_force

11-1009. Kennel permit; fee; denial; inspection; violation; classification

A. A person operating a kennel shall obtain a permit issued by the board of supervisors of the county where the kennel is located except if each individual dog is licensed.

B. The annual fee for the kennel permit is seventy-five dollars or the actual cost of recovery as determined by the board of supervisors.

C. A dog remaining within the kennel is not required to be licensed individually under section 11-1008. A dog leaving the controlled kennel conditions shall be licensed under section 11-1008 except if the dog is only being transported to another kennel that has a permit issued under this section.

D. A person who fails to obtain a kennel permit under this section is subject to a penalty of twenty-five dollars in addition to the annual fee.

E. The county shall deny a kennel permit to any person who has been convicted of a violation of section 13-2910 or 13-2910.01 or any other state, county or municipal animal welfare law, except violations of license and leash laws.

F. A person who operates a kennel that houses fewer than twenty dogs may be subject to an inspection by the county enforcement agent during regular business hours if the county enforcement agent has received a citizen or law enforcement complaint in writing that alleges the person committed an act in violation of section 13-2910 or 13-2910.01. A person who operates a kennel that houses twenty dogs or more shall allow inspections of the kennel by the county enforcement agent as a condition of receiving a kennel permit. This subsection does not apply to any kennel that houses dogs that are being used or trained for hunting.

G. A person who knowingly fails to obtain a kennel permit within thirty days after written notification from the county enforcement agent is guilty of a class 2 misdemeanor.
A.R.S. § 11-259 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 259
11-259 County immigration commissioner
Status: in_force

11-259. County immigration commissioner

A. The board may appoint a county commissioner of immigration who shall hold office for two years and shall receive an annual salary not exceeding six hundred dollars. The commissioner shall:

1. Provide information requested by persons desiring to immigrate to the county or make investments therein.

2. Correspond with immigration bureaus, chambers of commerce, tourists bureaus or other commercial bodies, and provide data for the guidance of prospective immigrants or tourists.

3. Furnish reliable information regarding localities in the county where the settler or tourist may choose a home or make investments.

4. Issue maps and pamphlets on the resources of the county.

5. Promote tourist travel or the investment of capital, and distribute such documents to insure their most useful circulation.

6. Assist nonprofit tourist attractions organized pursuant to title 10, chapters 24 through 40.

B. The commissioner may hire necessary clerks, prescribe their duties and fix their compensation. Such expenditures shall be first authorized by the board when approving the annual budget, and when so authorized shall be included in the amount to be collected by the annual county tax levy.

C. Counties of the first class having a population of one hundred thousand or over, as determined by the last official census of the United States, may expend a further sum not exceeding two hundred thousand dollars annually for the purposes prescribed in this section.

D. Counties of the first class having a population of less than one hundred thousand, as determined by the last official census of the United States, may expend a further sum not exceeding fifty thousand dollars annually for the purposes prescribed in this section.

E. Counties of the second class may expend a sum not exceeding ten thousand dollars annually for the purposes prescribed in this section.

F. Counties of the third class may expend a sum not exceeding five thousand dollars annually for the purposes prescribed in this section.
A.R.S. § 11-721 — Arizona Code / Title 11 / Chapter 5 / Article 2 / Section 721
11-721 County sports authority bonds
Status: in_force

11-721. County sports authority bonds

A. The authority, through the board of directors, may issue negotiable county sports authority bonds in a principal amount as in its opinion is necessary to provide sufficient monies for its activities under section 11-702, maintaining sufficient reserves in the county sports authority fund to secure the bonds, to pay the necessary costs of issuing, selling and redeeming the bonds and to pay the other expenditures of the authority incidental to and necessary and convenient to carry out the purposes of this chapter.

B. The board must authorize the bonds by resolution. The resolution shall prescribe:

1. The rate or rates of interest and the denominations of the bonds.

2. The date or dates of the bonds and maturity, not exceeding twenty years from their respective dates.

3. The coupon or registered form of the bonds.

4. The manner of executing the bonds.

5. The medium and place of payment.

6. The terms of redemption.

C. The bonds shall be sold at public or private sale at the price and on the terms determined by the board.

D. The board shall publish a notice of its intention to issue bonds under this article for at least five consecutive days in a newspaper of general circulation in the county. The last day of publication must be at least ten days before issuing the bonds. The notice shall state the amount of the bonds to be sold and the intended date of issuance. A copy of the notice shall be hand delivered or sent, by certified mail, return receipt requested, to the clerk of the board of supervisors on or before the last day of publication.

E. In order to secure the principal and interest on the bonds the board may by resolution:

1. Provide that bonds issued under this section shall be secured by a first lien on all or part of the monies paid into the county sports authority fund.

2. Pledge or assign to or in trust for the benefit of the holder or holders of the bonds any part of the county sports authority fund monies as is necessary to pay the principal and interest of the bonds as they come due.

3. Set aside, regulate and dispose of reserves and sinking funds.

4. Provide that sufficient amounts of the proceeds from the sale of the bonds may be used to fully or partly fund any reserves or sinking funds set up by the bond resolution.

5. 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 must consent to and the manner in which consent may be given.

6. Provide for payment from the proceeds of the sale of the bonds of all legal and financial expenses incurred by the board in the issuance, sale, delivery and payment of the bonds.

7. Do any other matters which in any way may affect the security and protection of the bonds.

F. Any pledge made under this article is valid and binding from the time when the pledge is made. The monies so pledged and received by the treasurer of the authority to be placed in the county sports authority fund are immediately subject to the lien of the pledge without any future physical delivery or further act, and any such lien of any pledge is valid or binding against all parties having claims of any kind in tort, contract or otherwise against the board irrespective of whether the parties have notice of the lien. The official resolution or trust indenture or any instrument by which this pledge is created, when placed in the board's records, is notice to all concerned of the creation of the pledge, and those instruments need not be recorded in any other place.

G. Neither the members of the board of directors nor any person executing the bonds is personally liable for the payment of the bonds. The bonds are valid and binding obligations notwithstanding that before the delivery of the bonds any of the persons whose signatures appear on the bonds cease to be members of the board. From and after the sale and delivery of the bonds, they are incontestable by the board.

H. The board, out of any available monies, may purchase bonds, which may thereupon be canceled, at a price not exceeding either of the following:

1. If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date.

2. If the bonds are not then redeemable, the redemption price applicable on the first date after purchase on which the bonds become subject to redemption plus accrued interest to such date.
A.R.S. § 11-635 — Arizona Code / Title 11 / Chapter 4 / Article 2 / Section 635
11-635 Warrants, substitute checks and electronic funds transfers unpaid for lack of monies; interest; definitions
Status: in_force

11-635. Warrants, substitute checks and electronic funds transfers unpaid for lack of monies; interest; definitions

A. If a revolving line of credit has not been obtained for a political subdivision or if the revolving line of credit has been spent and if there are insufficient monies in the issuer's account, the county treasurer may invest in the warrant, substitute check or electronic funds transfer prescribed in section 35-323, subsection A, paragraph 7.

B. The county treasurer shall keep a register of warrants and substitute checks and a record of electronic funds transfers presented for payment.

C. If the county treasurer does not invest in the presented warrant, substitute check or electronic funds transfer, the county treasurer shall notify the servicing bank that the warrant or substitute check will not be paid for lack of monies and from that time until there are sufficient monies to pay the original warrant, the original warrant may not bear more than ten percent interest per year.

D. For the purposes of this section:

1. "Substitute check" has the same meaning prescribed in section 9-249.

2. "Warrant" has the same meaning prescribed in section 9-249 and includes a record from which an electronic funds transfer may be made.
A.R.S. § 11-215 — Arizona Code / Title 11 / Chapter 2 / Article 2 / Section 215
11-215 Boards of supervisors; duty station; travel policy
Status: in_force

11-215. Boards of supervisors; duty station; travel policy

A. The board of supervisors shall establish a duty station for each board member at an appropriate location in the county. For purposes of this subsection, "duty station" means the place where the board member spends the largest portion of the board member's regular workday or working time.

B. Members of the board of supervisors shall follow the county travel policy.
A.R.S. § 11-251.09 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 251.09
11-251.09 Enforcement of water conservation plumbing requirements
Status: in_force

11-251.09. Enforcement of water conservation plumbing requirements

A. The board of supervisors may designate an appropriate official to enforce, in unincorporated areas of the county, all or a portion of title 45, chapter 1, article 12, relating to water conservation plumbing requirements. If the board of supervisors designates an official pursuant to this subsection, it shall notify the department of water resources, in writing, of its intent to do so. An election under this subsection divests the department of water resources of jurisdiction to enforce those provisions except that the department may enforce those provisions against any person who manufactures or distributes to a wholesaler or retailer any plumbing fixture for use in this state.

B. The county may retain the revenues from all civil penalties and assessments collected by the county under this section and title 45, chapter 1, article 12 as reimbursement for the cost of past enforcement actions and to fund future enforcement efforts.
A.R.S. § 11-1943 — Arizona Code / Title 11 / Chapter 14 / Article 4 / Section 1943
11-1943 License fee; requirements; conditions and limitations; pass through to subscribers
Status: in_force

11-1943. License fee; requirements; conditions and limitations; pass through to subscribers

A. For the privilege of a video service provider to occupy or use, in whole or in part, any highway within the boundaries of a county to provide video service through a video service network, the county may require a video service provider to pay a license fee to the county based on the gross revenue that the video service provider receives from its subscribers located within the boundaries of the county.  The license fee both:

1. Is subject to the limit prescribed by section 11-1942, subsection B and to offset, including amounts collected from subscribers, as prescribed by section 11-1942, subsections A and I and subsection D of this section.

2. Shall be due no more often than quarterly.

B. If the county requires a license fee pursuant to subsection A of this section, the county shall adopt a local law that imposes the license fee equally and uniformly on all of the following that are operating within the boundaries of the county:

1. Video service providers.

2. Holdover cable operators.

C. A video service provider shall pay the entire amount of the license fee directly to the county in a check, draft or note or automated clearinghouse transaction that is payable in legal tender as defined in section 43-1021.

D. A video service provider may do all of the following:

1. Pass the license fee through to and collect the license fee from its subscribers within the boundaries of the county, including for an incumbent cable operator any change in license fees that results from a change in the applicable definition of gross revenue.

2. Designate the amount of the license fee collected from each subscriber as a separate line item on the subscriber's bill.
A.R.S. § 11-275 — Arizona Code / Title 11 / Chapter 2 / Article 5 / Section 275
11-275 Tax levy to pay bonds and interest; debt service fund; security
Status: in_force

11-275. Tax levy to pay bonds and interest; debt service fund; security

A. The board shall cause to be assessed and levied each year on the taxable property of the county, in addition to the levy authorized for other purposes, an amount sufficient to pay the interest on outstanding bonds and such proportion of the principal that at the end of five years the amount raised from the levy shall equal at least twenty percent of the amount of bonds issued, and at the end of nine years shall equal at least forty percent of the amount, and at and before the date of maturity of the bonds shall equal the whole amount of the principal and interest.

B. The money raised by the levy shall be known as the debt service fund and shall be used only for payment of bonds and interest coupons.  The treasurer shall keep in his books a separate account thereof, which shall at all times show the exact condition of the debt service fund.

C. If there is not at any time sufficient monies in the fund to pay the interest due on the bonds, the board may transfer a sufficient sum from the general fund to the debt service fund for such purpose, and any excess in the fund over the amount required for principal and interest on the bonds may be transferred to the general fund.

D. All bonds, heretofore and hereafter issued, are secured by a lien on all revenues received pursuant to the tax levy. The lien arises automatically without the need for any action or authorization by the county or the board.  The lien is valid and binding from the time of the issuance of the bonds.  The revenues received pursuant to the levy of the tax are immediately subject to the lien. The lien attaches immediately to the revenues and is effective, binding and enforceable against the county, the county's successors, transferees and creditors and all other parties asserting rights in the revenues, irrespective of whether the parties have notice of the lien, without the need for any physical delivery, recordation, filing or further act.
A.R.S. § 11-487.02 — Arizona Code / Title 11 / Chapter 3 / Article 3.1 / Section 487.02
11-487.02 Validity of electronic documents
Status: in_force

11-487.02. Validity of electronic documents

A. If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium or be in writing, the requirement is satisfied by an electronic document satisfying this article.

B. If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.

C. A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature.  A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature.
A.R.S. § 11-447 — Arizona Code / Title 11 / Chapter 3 / Article 2 / Section 447
11-447 Service of process regular on its face
Status: in_force

11-447. Service of process regular on its face

A sheriff or other ministerial officer is justified in the execution of, and shall execute all process and orders regular on their face and issued by competent authority, whatever may be the defect in the proceedings upon which they were issued.
A.R.S. § 11-941 — Arizona Code / Title 11 / Chapter 7 / Article 2 / Section 941
11-941 County parks operation and enhancement fund; publication and souvenir revolving fund; investment; transfer
Status: in_force

11-941. County parks operation and enhancement fund; publication and souvenir revolving fund; investment; transfer

A. A county through its board of supervisors or through a duly authorized and established parks and recreation department pursuant to section 11-934 may establish a county parks operation and enhancement fund for the purpose of operating and enhancing facilities and services at existing county parks or acquiring real estate for additional county parks or expansion of existing county parks. The fund consists of monies budgeted for that purpose by the board of supervisors, grants, unconditional gifts and donations specifically designated for the fund, all monies derived from county park user fees, concession contract fees, excess fees generated from the county parks publication and souvenir revolving fund in subsection D of this section and other revenue generating activities.

B. Notwithstanding the provisions of section 23-504, a county through its board of supervisors or through a duly authorized and established parks and recreation department pursuant to section 11-934 may establish a county parks publication and souvenir revolving fund consisting of monies received from the sale of county parks oriented services, souvenirs, sundry items or informational publications that are uniquely prepared for use in county parks by the public. Notwithstanding section 11-492, the monies in the fund shall be used exclusively to produce, purchase and distribute county parks publications and information and operate concessions selling publications, souvenirs, services and sundry items and provide services for sale by the county or the county parks and recreation department. A county may sell at retail, on at least a cost recovery basis, only those publications, souvenirs, sundry items and services that are not provided at the county park with equivalent convenience to the public by private concessionaires or by concessionaires having a contract with the county at a county park to provide those publications, souvenirs, sundry items or services. If, after the county begins selling publications, souvenirs, sundry items and services not provided at the park by a private concessionaire, a qualified private concessionaire wishes to provide such publications, souvenirs, sundry items and services in a manner that is consistent with the county's development plan for the park, the county shall request competitive proposals from private concessionaires to provide all or a portion of publications, souvenirs, sundry items and services instead of the county at the option of the bidder. Existing concession facilities shall be made available as part of the concession contract.

C. The monies in the county parks enhancement fund and the county parks publication and souvenir revolving fund shall be invested pursuant to title 35, chapter 2, article 2.1, and monies earned from investment shall be credited to each fund separately.

D. At the end of each fiscal year all monies in the county parks publication and souvenir revolving fund in excess of twenty-five thousand dollars shall be transferred to the county parks enhancement fund and held for the specific use of the operation and enhancement of county parks pursuant to subsection A of this section.
A.R.S. § 11-251.02 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 251.02
11-251.02 Additional powers of the board
Status: in_force

11-251.02. Additional powers of the board

The board of supervisors may:

1. Authorize the use of county personnel, facilities, equipment, supplies and other resources in search or rescue operations involving the life or health of any person.

2. Contract for the acquisition, rental or hire of equipment, services, services supervision, supplies and other resources for use in such search or rescue operations.

3. Contract with an ambulance service provider that has a certificate of necessity issued pursuant to title 36, chapter 21.1, article 2 to provide ambulance service in the rural or wilderness service areas in counties with a population of less than five hundred thousand persons.

4. Contract with a government agency to provide the services of the constable at fees that are less than those established by section 11-445, except for those services that are specifically authorized by law to be performed by the sheriff.
A.R.S. § 11-269.13 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 269.13
11-269.13 Prohibition on retail business security requirements; state preemption
Status: in_force

11-269.13. Prohibition on retail business security requirements; state preemption

A. A board of supervisors may not adopt an ordinance or resolution 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 county.
A.R.S. § 11-266 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 266
11-266 Immunity from personal liability
Status: in_force

11-266. Immunity from personal liability

Members of boards of supervisors are immune from personal liability with respect to all acts done and actions taken in good faith within the scope of their authority during duly constituted regular and special meetings with the approval of a majority of the board.
A.R.S. § 11-461 — Arizona Code / Title 11 / Chapter 3 / Article 3 / Section 461
11-461 Recording instruments; keeping records; identification; location; social security numbers; definition
Status: in_force

11-461. Recording instruments; keeping records; identification; location; social security numbers; definition

A. The recorder shall have custody of and shall keep all records, maps and papers deposited in the recorder's office.

B. The recorder shall record separately, in typewriting, in a legible hand or by use of photostatic or photographic machines or by a system of microphotography, all instruments or writings required or authorized by law to be recorded. In a like manner, the recorder shall record any other instrument offered for recording provided the instruments meet the requirements of section 11-480.

C. The recorder may accept a digitized image of a recordable instrument for recording if it is submitted by a title insurer or title insurance agent as defined in section 20-1562, by a state chartered or federally chartered bank insured by the federal deposit insurance corporation, by an active member of the state bar of Arizona, by an agency, branch or instrumentality of the federal government, a trusted submitter or by a governmental entity and the instrument from which the digitized image is taken conforms to all applicable laws relating to the recording of paper instruments.

D. Instruments shall be recorded consecutively as of the time they are received. The recorder shall affix to each instrument, either by hand or in a digitized form, a notation or notations sufficient to provide:

1. A record identification to uniquely identify each instrument and to fix its position within the sequence of recordings.

2. A record location to enable each instrument to be retrieved for purposes of inspection.

E. Instruments may be recorded in docket books, in separate record books or in suitable containers, if the location of each instrument can be determined from notations both on the instrument and in the appropriate index. Reference to any recorded instrument may be made by the record location without further description.

F. Any reference to docket and page, or book and page, or similar indication means the record location as notated on each recorded instrument.

G. On or before January 1, 2009, the recorder in a county with a population of more than eight hundred thousand persons, shall redact references to complete nine digit social security numbers that are available on the recorder's website.  Social security numbers may be retained on instruments that are not available on a website.  The recorder shall also redact complete social security number references on all instruments recorded but not available on the website before the effective date of this amendment to this section, before making the instruments available on the website.  The recorder is not liable for any errors or cases of stolen identity resulting from redactions made pursuant to this subsection.

H. The recorder in a county with a population of less than eight hundred thousand persons shall redact references to complete nine digit social security numbers on instruments that are available on the recorder's website at the request of the holder of the social security number if the holder identifies the recorded instrument.  The recorder shall also redact complete social security number references on all instruments recorded but not available on the website before the effective date of this amendment to this section, before making the instruments available on the website.  Social Security numbers may be retained on instruments that are not available on the website. The recorder is not liable for any errors or cases of stolen identity resulting from redactions made pursuant to this subsection.

I. Notwithstanding the limitations of section 11-475.01, county recorders may use monies in the document storage and retrieval conversion and maintenance fund to accomplish the requirements of subsections G and H of this section.

J. For the purposes of this section, "a trusted submitter" means a person or entity that has entered into a memorandum of understanding regarding digitized recording with the county recorder in the county in which the digitized recording is to be submitted.
A.R.S. § 11-254.01 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 254.01
11-254.01 County purchasing procedures; purchases to be based on competitive bids; content and issuance of invitations and specifications; basis of awards and rejection of bids; professional services; buildings
Status: in_force

11-254.01. County purchasing procedures; purchases to be based on competitive bids; content and issuance of invitations and specifications; basis of awards and rejection of bids; professional services; buildings

A. All purchases of supplies, materials, equipment and contractual services, except professional services, made by the county having an estimated cost in excess of ten thousand dollars per transaction, or the aggregate dollar amount provided for in section 41-2535, if pursuant to section 41-2501, subsection C the board of supervisors adopts the aggregate dollar amount, shall be based on sealed, competitive bids. The county purchasing agent shall make the awards on board of supervisors approval. The invitation for bids and specifications must be issued in sufficient time before the purchase is made and in sufficient detail to permit free competition. Notice of the invitation for bids shall be published in a newspaper in accordance with title 39, chapter 2 unless the board of supervisors, by at least a two-thirds vote of its membership, determines that an emergency exists requiring immediate action to protect the public health or safety. Copies of the invitation and specifications shall be supplied to and bids shall be solicited from qualified sources consistent with the item to be purchased as determined by the county purchasing agent, including all qualified suppliers who before the issuance of the invitation notify the purchasing department in writing that they desire to bid on materials, supplies, equipment or contractual services.

B. Bids shall be opened publicly at the time and place stated in the invitation. On board approval, the county purchasing agent shall make awards with reasonable promptness by giving written notice to the responsible bidder whose bid conforms to the invitation and whose bid is the most advantageous to the county concerning price, conformity to the specifications and other factors. The board may reject all bids if rejection is in the public interest.

C. For purchases of ten thousand dollars or less, or for purchases of less than the aggregate dollar amount if the county board of supervisors adopts the amount provided for in section 41-2535, each county shall develop purchasing procedures to comply with the uniform accounting system prescribed by the auditor general under section 41-1279.21.

D. Professional services shall be procured pursuant to written policies developed by the county purchasing agent and adopted by the board of supervisors.

E. All erections of and repairs and alterations to any county building are not subject to this section but are subject to title 34, chapter 2.
A.R.S. § 11-595 — Arizona Code / Title 11 / Chapter 3 / Article 12 / Section 595
11-595 Right to enter premises; right to seize articles
Status: in_force

11-595. Right to enter premises; right to seize articles

A. The county medical examiner or alternate medical examiner may enter any room, dwelling, building or other place in which the body or evidence of the circumstances of the death requiring investigation may be found, provided that a law enforcement agency investigating the death obtains a search warrant for private property other than in the immediate location where the body was found.

B. The county medical examiner or alternate medical examiner, with the permission of the law enforcement agency investigating the death may take into possession any object or article found on the deceased or in the deceased's immediate vicinity which may aid in the determination of the deceased's identity or determination of the cause or manner of death. Upon completion of the findings, the medical examiner or alternate medical examiner, within thirty days, shall deliver the object or article to the law enforcement agency concerned, to the legal representative of the deceased or to the county treasurer.
A.R.S. § 11-952.02 — Arizona Code / Title 11 / Chapter 7 / Article 3 / Section 952.02
11-952.02 Separate legal entities; joint exercise of powers
Status: in_force

11-952.02. Separate legal entities; joint exercise of powers

A. If public agencies identified in subsection B of this section form a separate legal entity pursuant to section 11-952, the entity has the common powers specified in the agreement and may exercise them in a manner or according to the method provided in the agreement. Notwithstanding title 38, an officer or elected member of the governing body of a party to the agreement may also act in the capacity of a member of the governing body of the separate legal entity.  In its own name and subject to the provisions of the agreement, the separate legal entity, subject to existing applicable law, may:

1. Make and enter into contracts, including contracts, leases or other transactions with one or more of the parties to the agreement forming the separate legal entity.

2. Employ agents and employees.

3. Acquire, hold or dispose of property.

4. Acquire, construct, manage, maintain and operate buildings, works, infrastructure and improvements.

5. Incur debts, liabilities and obligations.

6. Sue and be sued.

B. Cities, towns, counties and special taxing districts established pursuant to title 48, chapters 11, 12, 17, 18, 19 and 22 and any Indian tribe may form a separate legal entity pursuant to section 11-952 for the purposes of this subsection.  The intergovernmental agreement must state the intent to form a separate legal entity pursuant to this subsection. The governing body of a separate legal entity formed pursuant to this subsection shall be composed of officials elected to one or more of the governing bodies of the public agencies that are parties to the agreement, or their designees.  A separate legal entity identified pursuant to this subsection:

1. Is a political subdivision of this state having:

(a) The governmental and proprietary powers that are common to the contracting parties specified in the agreement, including, if applicable, the power to make voluntary contributions in lieu of taxes and those powers provided for in section 11-952 and this section.

(b) The rights and immunities of the parties that are granted by the constitution and statutes of this state, including immunity of its property from taxation.

2. May separately contract for an undertaking with any two or more of the parties or other public agencies or other entities.  Limitations on the exercise of common powers shall be applicable only to the parties to the agreement participating in the undertaking.

3. In addition to other powers provided for in the agreement and whether or not one or more parties to the agreement do not have bonding authority for the undertaking, by a vote of its governing body, may issue revenue bonds, or incur obligations payable from the entity's revenues, to pay the costs and expenses of acquiring or constructing any structures, facilities or equipment necessary to effectuate the purposes of the agreement subject to the following conditions and requirements:

(a) The revenue bonds are payable solely from the revenues of the undertaking for which they were issued and are not payable from any revenues, taxes or assessments paid to, or to be levied or collected by, the entity or the public agencies that are parties to the agreement that forms the entity.

(b) The bonds and the income on the bonds are at all times free from taxation by this state or any political subdivision of this state.

(c) The entity may pledge to the payment of its bonds all revenues it has or will receive from the sales of goods or services of the undertaking.  Any pledge made to secure the bonds is valid and binding from the time the pledge is made.  The monies pledged and received by the entity to be placed in the fund established for the purpose of securing and paying the bonds are immediately subject to the lien on or the pledge of the monies without any future physical delivery, any recording of any instrument or any further act. Any lien or pledge is valid and binding against all parties who have claims of any kind in tort, contract or otherwise against the entity or the public agencies that formed the entity regardless of whether the claimants have notice of the pledge. The official resolution or trust indenture or any instrument by which the pledge is created when placed in the entity's official records is notice to all concerned of the creation of the pledge, and those documents need not be recorded in any other place to perfect the pledge.

(d) Subject to any registration requirements, bonds issued by the entity under this paragraph are fully negotiable within the meaning and for all purposes of the uniform commercial code regardless of whether the bonds actually constitute negotiable instruments under the uniform commercial code.

(e) The bonds do not constitute an indebtedness of the entity, the public agencies that formed the entity or this state within the meaning of any statutory or constitutional limitation on indebtedness.

(f) The bonds may be sold at public or private sale at, above or below par as determined by the governing body of the entity.

(g) The treasurer of any public agency forming the entity may act as the entity's fiscal agent or the entity may appoint any commercial bank doing business in this state to hold, deposit and invest the entity's monies according to any resolution or other document authorizing the issuance of the bonds.

(h) Title 35, chapter 3, articles 5 and 7 apply to bonds issued pursuant to this paragraph.

(i) Bonds issued pursuant to this paragraph shall be issued only after consultation with the state certification board established by section 48-101.

4. May engage in electric generation and transmission activities but may not engage in electric distribution activities.

5. Shall not be deemed a public power entity pursuant to title 30 by virtue of any undertaking or other contract.

C. For the purposes of subsection B of this section, "undertaking":

1. Means one or more of the following:

(a) Purchasing, constructing, leasing or acquiring any real or personal property, works or facilities that the public agencies that formed the entity are authorized by law to purchase, construct, lease or otherwise acquire.

(b) Improving, reconstructing, extending or adding to any real or personal property, works or facilities owned or operated by the entity.

(c) Any program of development involving real or personal property, works or facilities that the entity is authorized by law to purchase, construct, lease or otherwise acquire or the improvement, reconstruction, extension or addition to the program.

(d) Providing utility services, purchasing, constructing, leasing or acquiring, or the extension or addition of, works or facilities designed to serve areas or territories already being served by any of the parties to the agreement.

2. Does not include the acquisition by eminent domain of existing works or facilities of a political subdivision or public service corporation.

D. An entity formed pursuant to this section is subject to:

1. Title 40, chapter 2, article 6.2.

2. Title 48, chapter 1, article 8 with regard to any property owned by the entity.
A.R.S. § 11-597.01 — Arizona Code / Title 11 / Chapter 3 / Article 12 / Section 597.01
11-597.01 Duty to conduct identification meeting; exception; immunity; definitions
Status: in_force

11-597.01. Duty to conduct identification meeting; exception; immunity; definitions

A. On receipt of notification from an immediate family member of a decedent in the physical possession of the medical examiner, the medical examiner shall conduct an identification meeting in the time frame prescribed by this section, unless in the professional opinion of the medical examiner an identification meeting should be delayed or limited because the risk of loss of forensic evidence may compromise the death investigation of the medical examiner or the decedent's body is in a physical condition that does not allow the decedent to be reasonably recognized.

B. This section does not limit or otherwise restrict or affect the county medical examiner's professional judgment and discretion to determine the nature and extent of any death investigation or positive identification of a dead body.

C. If an identification meeting is conducted pursuant to this section or otherwise, the county medical examiner, all employees, agents, contractors and other representatives of the county medical examiner and the county are immune from civil liability for any injuries or damages of any kind alleged to have been suffered by an immediate family member as a result of or arising from an identification meeting or by any other third party due to the conduct of the immediate family member allegedly attributable to or otherwise arising out of the identification meeting.  A cause of action shall not arise against them as a result of the identification meeting.

D. The medical examiner shall provide information on the county website as to the means of making a request for notification.

E. For the purposes of this section:

1. "Identification meeting" means an examination of photographs or videos of the decedent or any distinguishing marks of the dead body or any information that may assist the immediate family in making identification.

2. "Immediate family member" means, with respect to a particular decedent, an individual who is at least eighteen years of age and who is one of the following:

(a) The decedent's spouse.

(b) The decedent's child.

(c) The decedent's parent.

(d) The decedent's grandparent.

(e) The decedent's grandchild.

(f) The decedent's sibling.

(g) The decedent's legal guardian.

3. "Notification" means a written or electronic request to the medical examiner.

4. "Time frame" means forty-eight hours, excluding weekends and legal holidays.
A.R.S. § 11-110 — Arizona Code / Title 11 / Chapter 1 / Article 1 / Section 110
11-110 Mohave county
Status: in_force

11-110. Mohave county

Mohave county, the county seat of which is Kingman, is bounded as follows:

Commencing at a point on the boundary line between Utah and Arizona, being approximately the thirty-seventh parallel north latitude where such boundary line intersects Kanab creek, being the northwest corner of Coconino county; thence west on the Utah and Arizona boundary to the western boundary line of Arizona; thence southerly and on the western boundary line of Arizona and down the main channel of the Colorado river to Davis dam; thence following the state boundary as defined in the Arizona-Nevada and Arizona-California boundary compacts to the mouth of the Bill Williams' river; thence up the Bill Williams' river to the junction of Bill Williams' river and the main channel of the Santa Maria river; thence up the Santa Maria river to the point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Mohave-Yavapai county boundary survey of 1908, intersects the main channel of the Santa Maria river; thence north on the meridian as surveyed and along the western boundary line of Yavapai county to its intersection with the south boundary line of Coconino county; thence continuing along this alignment to the point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined, intersects the Colorado river; thence up the Colorado river to the mouth of Kanab creek; thence up Kanab creek to the point where such creek intersects the boundary line between Utah and Arizona, being approximately the thirty-seventh parallel of north latitude, the place of beginning.
A.R.S. § 11-1441 — Arizona Code / Title 11 / Chapter 10 / Article 2 / Section 1441
11-1441 Honoring outstanding debt obligations of sponsoring county
Status: in_force

11-1441. Honoring outstanding debt obligations of sponsoring county

A. The operating agreement entered into pursuant to this chapter shall require the nonprofit corporation to:

1. Honor all covenants and obligations made by the sponsoring county pursuant to title 35, chapter 3, article 7 with respect to the county health system.

2. Assume and perform all covenants, conditions and requirements undertaken by the sponsoring county pursuant to title 35, chapter 3, article 7 with respect to bonds issued to provide monies for the county health system before the transfer date in which the proceeds were used or intended to be used to finance parts of the county health system covered by the operating agreement.

3. Comply with all covenants and conditions against private use, private security interests and private loans contained in the operating agreement or in any proceeding that pertains to issuing the bonds, notes or other obligations of the sponsoring county issued to originally acquire, construct or purchase the health system assets.

B. Notwithstanding any law to the contrary or the articles of incorporation or bylaws of the nonprofit corporation, any action taken by the corporation in violation of those covenants and conditions described in this section is void.
A.R.S. § 11-352 — Arizona Code / Title 11 / Chapter 2 / Article 10 / Section 352
11-352 Adoption of limited county employee merit system by resolution; precinct committeemen
Status: in_force

11-352. Adoption of limited county employee merit system by resolution; precinct committeemen

A. Any county may by resolution of the board adopt a limited county employee merit system.  This system may be applied to county-appointed officers and employees.  Elected officers shall not be included in such a merit system.

B. Notwithstanding any other law, rule or ordinance, a county employee may serve in the office of precinct committeeman.
A.R.S. § 11-117 — Arizona Code / Title 11 / Chapter 1 / Article 1 / Section 117
11-117 La Paz county
Status: in_force

11-117. La Paz county

La Paz county, the county seat of which is Parker, is bounded as follows:

Commencing at the point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Mohave-Yavapai county boundary survey of 1908 and the Atwood survey of 1918, intersects the main channel of the Santa Maria river, being the southeast corner of Mohave county; thence south on the meridian, as defined, and along the western boundaries of Yavapai and Maricopa counties to the Gila and Salt river base line; thence west along said base line to the line common to ranges 16 and 17 west, Gila and Salt river base and meridian; thence north along said range line to the line common to townships 1 and 2 north; thence west along said township line to the line common to ranges 19 and 20 west; thence south along said range line to the line common to townships 4 and 5 south; thence west along said line to the west boundary of the state of Arizona; thence north along the Colorado river and the west boundary of the state of Arizona, as defined by the Arizona-California boundary compact, to the junction of the Colorado river and the Bill Williams' river; thence easterly up the Bill Williams' river and along the southern boundary of Mohave county to the Santa Maria river; thence up the Santa Maria river and the southern boundary of Mohave county to the point of beginning.
A.R.S. § 11-269.23 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 269.23
11-269.23 Prohibition on mandated provision of health insurance; state preemption
Status: in_force

11-269.23. Prohibition on mandated provision of health insurance; state preemption

A. A county may not require an employer to provide health insurance to the employer's employees.

B. The regulation of health insurance is of statewide concern and not subject to further regulation by a county.
A.R.S. § 11-459.01 — Arizona Code / Title 11 / Chapter 3 / Article 2 / Section 459.01
11-459.01 County prisoner complaints to entities; procedure
Status: in_force

11-459.01. County prisoner complaints to entities; procedure

A. If a county operates a facility that provides medical and health services to inmates and the facility has been accredited by the national commission on correctional health care or the American correctional association, the board of supervisors of that county may require that a prisoner under the supervision of the county sheriff's office exhaust all internal grievance procedures before filing a complaint with any regulatory entity regulating health professions as defined in section 32-3101.

B. If a prisoner files a complaint with an entity pursuant to subsection A of this section, the prisoner shall attach a copy of the county sheriff's office final grievance response to the complaint.
A.R.S. § 11-375 — Arizona Code / Title 11 / Chapter 2 / Article 12 / Section 375
11-375 Canvass of returns
Status: in_force

11-375. Canvass of returns

The board of supervisors shall canvass the returns and declare the result of the election. If it is found by the board of supervisors that a majority of the qualified electors of the county voting thereon assents to the issuance of the bonds, the board of supervisors shall provide for the issuance of the bonds. The determination of the board of supervisors that a majority of the qualified electors voting thereon has assented to the issuance of the bonds shall be conclusive in any action or proceeding involving the validity of such election or the determination or declaration of the result thereof instituted after the date of the payment for and delivery of the bonds.
A.R.S. § 11-1933 — Arizona Code / Title 11 / Chapter 14 / Article 3 / Section 1933
11-1933 Nondiscriminatory manner; compliance with standards and federal law
Status: in_force

11-1933. 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. § 11-955 — Arizona Code / Title 11 / Chapter 7 / Article 3 / Section 955
11-955 Joint powers public safety committee; powers and duties
Status: in_force

11-955. Joint powers public safety committee; powers and duties

A. The chief law enforcement officer or the officer's designee from two or more cities, towns, Indian tribes or counties in this state may establish a joint powers public safety committee for the purpose of facilitating the sharing of criminal justice information between law enforcement agencies as authorized by section 41-1750. The chief law enforcement officer or the officer's designee from each city, town, county or Indian tribe shall establish a governing board.

B. The governing board shall:

1. Establish rules related to the governance of the committee.

2. Establish rules related to the security, privacy, confidentiality and dissemination of information maintained by the committee pursuant to state and federal law.

3. Elect a budget officer from among its members to fulfill any administrative duties prescribed by the committee.

4. Annually adopt a budget for the following fiscal year.

C. The committee may accept and spend public monies and private grants, gifts and contributions.

D. Membership on the committee does not constitute the holding of an office, and committee members are not required to take and file oaths of office before serving on the committee. No committee member may be disqualified from holding any public office or employment nor may the member forfeit any office or employment by reason of the member's appointment, notwithstanding the provision of any general, special or local law, ordinance or city charter.