A.R.S. § 9-594 — Arizona Code / Title 9 / Chapter 5 / Article 8 / Section 594
9-594 Structures subject to zoning; time frames; application; fees
Status: in_force

9-594. Structures subject to zoning; time frames; application; fees

A. The following activities that take place inside of a right-of-way are subject to this section and all of the authority's codes and regulations, including the authority's zoning codes and other regulatory processes governing use of the rights-of-way, unless the activities are exempt from zoning review and approval under section 9-592, subsection I or J or section 9-593, subsection C:

1. The installation of new monopoles, utility poles or wireless facilities.

2. The collocation of wireless facilities.

B. Notwithstanding any provision in this article to the contrary, the construction, installation, maintenance, modification, operation or replacement of a monopole or associated wireless facility in a right-of-way is subject to all of the authority's codes and regulations, including the authority's zoning codes and other regulatory processes governing use of the rights-of-way.

C. An authority shall:

1. Accept and process applications for the modification of existing or the installation of new monopoles, utility poles or wireless facilities and the collocation of wireless facilities.

2. Within thirty days after receiving an application, notify the applicant whether the application is complete. If an application is incomplete, the authority must specifically identify the information missing from the application.

3. Process each complete application on a nondiscriminatory basis.  A complete application is deemed approved if the authority fails to approve or deny the application within one hundred fifty days after receipt of an application for the modification of existing or the installation of new monopoles, utility poles or wireless facilities or within ninety days after receipt of a complete application for the collocation of wireless facilities. The time period for approval may be tolled to accommodate timely requests for information required to complete the application or may be extended by mutual agreement between the applicant and authority.

4. If a complete application is denied, notify the applicant in writing and provide substantial supporting evidence of the reason for denial in the written record. The written notification of the denial and the supporting evidence shall be publicly released contemporaneously. There must be a reasonable basis for the denial of an application. An authority may not deny an application if the denial is discriminatory against the applicant with respect to the placement of the facilities of other wireless providers.

D. An authority may not:

1. Require an applicant to submit information about the applicant's business decisions regarding the need for the monopole, utility pole or wireless facilities.

2. Require an applicant to submit information about, or evaluate an applicant's business decisions regarding, the applicant's service, customer demand for service or quality of service.

3. Institute, either expressly or de facto, a moratorium on filing, receiving or processing applications or issuing decisions for modifications or installations that are not a permitted use.

E. An authority, in addition to other rights the authority has under federal, state or local law, may:

1. Adopt reasonable requirements regarding the appearance and concealment of facilities, including those relating to materials used for arranging, screening or landscaping.

2. Adopt setback or fall zone requirements that are substantially similar to setback or fall zone requirements that are imposed on other types of commercial structures of a similar height.

3. Charge an application fee. Any application fee is subject to the requirements provided in section 9-593, subsection J. The total application fee, if allowed, may not exceed one thousand dollars for the modification of existing or the installation of new monopoles or utility poles or for the collocation of wireless facilities.

4. Charge a rate or fee for the use of the right-of-way for the installation of a monopole and associated wireless facility that is limited to not more than the direct and actual costs of managing the right-of-way and that is not in the form of a franchise or other fee based on revenue or customer counts.

F. An applicant's business decisions regarding the type and location of wireless facilities, monopoles or utility poles or the technology to be used are presumed to be reasonable. This presumption does not apply to the height or appearance of wireless facilities, monopoles or utility poles.  An authority may consider the height of such structures in the zoning or other regulatory review, provided that the authority does not unreasonably discriminate between the applicant and other communications service providers that install wireless facilities.

G. Subject to applicable relocation requirements, the authority's terms described in section 9-592 and the wireless provider's right to terminate at any time, the approval term of an application shall be for a period of not less than ten years, which must be renewed for equivalent durations unless the authority makes a finding that the structure or facilities do not comply with the applicable codes or terms of the zoning or other regulatory process approval.  Construction of the approved structure or facilities shall be completed within one hundred eighty days after the permit issuance date, unless the authority and the wireless provider agree to extend this period or a delay is caused by the lack of commercial power at the site.
A.R.S. § 9-476 — Arizona Code / Title 9 / Chapter 4 / Article 7 / Section 476
9-476 Amendments to plat
Status: in_force

9-476. Amendments to plat

If on the hearing it is determined by the board that corrections, additions or amendments in any respect shall be made to the plat or map then a plat or map shall be prepared by the owner in accordance with the amendments, corrections or additions, and the consent of the owner and the board shall be endorsed thereon and filed with the county recorder.
A.R.S. § 9-462.11 — Arizona Code / Title 9 / Chapter 4 / Article 6.1 / Section 462.11
9-462.11 Residential zoning; amendment; applications; deadline; extensions; applicability
Status: in_force

9-462.11. Residential zoning; amendment; applications; deadline; extensions; applicability

A. On or before January 1, 2025, a municipality shall adopt an amendment to the municipality's zoning ordinance that requires the municipality to determine whether a zoning application is administratively complete within thirty days after receiving the application. If the municipality determines that the application is not administratively complete, the municipality shall follow the procedures prescribed in section 9-835, subsection E until the application is administratively complete. The municipality shall determine whether a resubmitted application is administratively complete within fifteen days after receiving the resubmitted application. After determining that the application is administratively complete, the municipality shall approve or deny the application within one hundred eighty days.

B. Notwithstanding subsection A of this section, the municipality may extend the time frame to approve or deny the request beyond one hundred eighty days for either of the following reasons:

1. For extenuating circumstances, the municipality may grant a onetime extension of not more than thirty days.

2. If an applicant requests an extension, the municipality may grant extensions of thirty days for each extension granted.

C. This section does not apply to land that is designated as a district of historical significance pursuant to section 9-462.01, subsection A, paragraph 10 or an area that is designated as historic on the national register of historic places or planned area developments.
A.R.S. § 9-625 — Arizona Code / Title 9 / Chapter 6 / Article 2 / Section 625
9-625 Tax exemption
Status: in_force

9-625. Tax exemption

An eligible city is regarded as performing a governmental function in carrying out the purposes of this chapter and the eligible project is considered to be municipal property for the purposes of article IX, section 2, Constitution of Arizona.
A.R.S. § 9-403 — Arizona Code / Title 9 / Chapter 4 / Article 1 / Section 403
9-403 Sale of real property; public hearing; resolution; posting of terms of sale; special election; sale at auction
Status: in_force

9-403. Sale of real property; public hearing; resolution; posting of terms of sale; special election; sale at auction

A. Real property of a city or town, the value of which is more than $1,500,000 but less than $15,000,000, may not be sold unless the governing body of the city or town does both of the following:

1. Holds at least one public hearing to take public comment on the proposed sale after publishing the invitation for bids as prescribed in section 9-402 at least thirty days before the scheduled approval of the purchase agreement.  Notice of the hearing shall be provided at least ten days before the hearing and shall include both of the following:

(a) A description of the property proposed for sale and the reasons for the proposed sale.

(b) Information on how to submit to the governing body written and verbal comments on the proposed sale.

2. By a vote of the members of the governing body, adopts a resolution approving the sale of the property.

B. If a city or town sells real property pursuant to subsection A of this section, the terms of the sale shall be posted on the city's or town's website on completion of the sale.

C. Real property of a city or town, the value of which is $15,000,000 or more, shall not be sold unless first authorized by a special election called for the purpose of submitting to the voters of the city or town the question of selling or not selling the real property proposed for sale. The election shall be held within the corporate limits of the city or town on a date prescribed by section 16-204, and notice shall be given as provided in section 9-402.

D. The ballots shall contain a description of the property proposed for sale and the reason the governing body desires the property sold. The description and reasons shall be printed in eight-point type and shall contain not more than one hundred words.

E. If a majority of the ballots cast is in favor of selling, the governing body may sell the property at public auction, after giving the notice required in section 9-402, to the highest bidder for cash, reserving the right to reject any and all bids.

F. Real property sold pursuant to this section shall be sold at not less than the appraised value of the property.
A.R.S. § 9-901 — Arizona Code / Title 9 / Chapter 8 / Article 1 / Section 901
9-901 Definitions
Status: in_force

9-901. Definitions

In this article, unless the context otherwise requires:

1. "Classification" means the names of the positions, and the ranks and classes thereof, in the police and fire departments and peace officers' units subject to this article.

2. "Month" means thirty days.

3. "Peace officers" include regularly salaried deputy sheriffs, policemen and police officers of duly organized police departments.

4. "Professional firefighter" means a member of an organized and paid fire department.
A.R.S. § 9-305 — Arizona Code / Title 9 / Chapter 3 / Article 1 / Section 305
9-305 City or town auditor; examination of executive session minutes; confidentiality
Status: in_force

9-305. City or town auditor; examination of executive session minutes; confidentiality

A. If a city or town has established the office of city or town auditor, the city or town, by ordinance, may provide that the city or town auditor or the auditor's authorized representative, in the performance of their official duties, examine the minutes of executive sessions of the city or town council or any board, commission or other public body established by the city or town.

B. Working papers and other audit files that are maintained by the city or town auditor are not public records and are exempt from title 39, chapter 1.  Any audit report prepared for or presented to a city or town, whether by city or town auditor, the auditor's authorized representative or a consultant, is a public record subject to title 39, chapter 1.
A.R.S. § 9-511.02 — Arizona Code / Title 9 / Chapter 5 / Article 2 / Section 511.02
9-511.02 Utility user fees; lien enforcement; procedures; payment responsibility; definition
Status: in_force

9-511.02. Utility user fees; lien enforcement; procedures; payment responsibility; definition

A. A city or town may file a lien on property for the nonpayment of utility user fees for services provided to the property if the payment of the fees is delinquent for more than ninety days.

B. Before filing the lien, the city or town shall provide written notice to the owner of the property. The notice shall be given at least thirty days before filing the lien and shall include an opportunity for a hearing with a designated city or town official. The notice shall be either personally served or mailed to the property owner, at the last known address by certified mail, or to the address to which the tax bill for the property was last mailed. If the owner does not reside on the property, the notice shall be sent to the last known address.

C. The unpaid utility user fees, from the date of recording in the office of the county recorder in the county in which the property is located, are a lien on the property until the fees are paid. The lien is subject and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record. A sale of the property to satisfy a lien obtained under this section shall be made on judgment of foreclosure and order of sale. A city or town may bring an action to enforce the lien in the superior court in the county in which the property is located at any time after the recording, but failure to enforce the lien by this action does not affect its validity. The recorded unpaid utility user fees are prima facie evidence of the truth of all matters recited in the recording and of the regularity of all proceedings before the recording.

D. Unpaid utility user fees pursuant to this section accrue interest at the rate prescribed by section 44-1201.

E. A prior assessment of unpaid utility user fees for the purposes provided in this section does not bar a subsequent assessment for these purposes and any number of liens on the same lot or tract of land may be enforced in the same action.

F. Subsection A of this section does not apply to residential property occupied by a lessee where the lessee is responsible for payment of the utility user fees. The city or town shall determine the status of leased residential property prior to filing the lien.

G. For residential property of four or fewer units, a city or town may not require payment of unpaid utility user fees by anyone other than the person who has contracted with the city or town to provide the service, who physically resides or resided at the property and who receives or received the service. The property owner, an immediate family member of the person who does not reside at the property or any other entity, at their sole discretion, may establish service in their name for utility service with a city or town and shall be responsible for payment.

H. For purposes of this section "utility user fees" means fees charged for the provision of sewer.
A.R.S. § 9-402 — Arizona Code / Title 9 / Chapter 4 / Article 1 / Section 402
9-402 Sale and disposition of property; advertising for bids; publication; donation; easements
Status: in_force

9-402. Sale and disposition of property; advertising for bids; publication; donation; easements

A. A city or town may sell and convey all or any part of its real or personal property, whether or not the property is devoted exclusively to public use.

B. The sale shall not be made until an invitation for bids for the purchase of the property has been published as provided by section 39-204 and notice has been posted in three or more public places within the city or town.

C. If no newspaper is published within the city or town, then the invitation for bids shall be published as provided by section 39-204, and by posting notices for bidders in three or more public places within the city or town.

D. A city or town may donate lost and found or unclaimed personal property in its custody for at least ninety days to nonprofit charitable organizations.

E. Notwithstanding subsections A and B of this section, a city or town may convey to the appropriate property owner without receiving payment an easement that the city or town no longer needs.
A.R.S. § 9-1115 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1115
9-1115 Claims against trustee or municipality
Status: in_force

9-1115. Claims against trustee or municipality

Within the time provided for filing statements of claims, every person having a claim against the trustee or the city or town for money advanced or services rendered in obtaining a patent, or the execution of the trust thereunder, shall file an itemized statement thereof with the trustee, verified by affidavit, that the claim is correct, that no payments have been made thereon which are not credited and that there are no setoffs thereto. Claims not filed within the time shall be disallowed, and right of action thereon barred.
A.R.S. § 9-499.03 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.03
9-499.03 Participation in medical clinics
Status: in_force

9-499.03. Participation in medical clinics

The governing body of an incorporated city or town may establish, maintain and operate medical clinics as defined in title 36, chapter 24, article 1.
A.R.S. § 9-235 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 235
9-235 Vacancies in council
Status: in_force

9-235. Vacancies in council

A. The council shall fill a vacancy that may occur by appointment until the next regularly scheduled council election if the vacancy occurs more than thirty days before the nomination petition deadline, otherwise the appointment is for the unexpired term. If the city or town by ordinance provides that at the primary election any candidate for the office of mayor or city council who receives a majority of all votes cast at that election for that office is declared elected to the office and a candidate to fill the vacancy in that office receives a majority of all votes cast for that office at the primary election, section 9-821.01, subsection D applies. This subsection does not apply to a charter city.

B. The member appointed shall meet the qualifications established in section 9-232.
A.R.S. § 9-571 — Arizona Code / Title 9 / Chapter 5 / Article 6 / Section 571
9-571 Wastewater treatment and drinking water treatment facilities and nonpoint source projects; financial assistance loan repayment agreements; definitions
Status: in_force

9-571. Wastewater treatment and drinking water treatment facilities and nonpoint source projects; financial assistance loan repayment agreements; definitions

A. Notwithstanding any other law, a city or town may construct, acquire from a willing seller or improve a wastewater treatment facility, drinking water facility or nonpoint source project with monies borrowed from or financial assistance including forgivable principal provided by the water infrastructure finance authority of Arizona.

B. To repay financial assistance from the water infrastructure finance authority of Arizona a city or town may enter into a financial assistance loan repayment agreement with the authority. A financial assistance loan repayment agreement is payable from any revenues otherwise authorized by law to be used to repay long-term obligations. If revenue from a property tax assessment is the designated source of repayment under the agreement, the property tax assessed and levied is a secondary property tax levy for purposes of article IX, Constitution of Arizona.

C. For any city or town, the following apply:

1. For a city or town with a population of more than one hundred fifty thousand persons, the governing body of the city or town shall submit the question of entering and performing a financial assistance loan repayment agreement to the qualified electors voting at a regular or special election in the city or town, except that if revenue from a secondary property tax levy is the designated source of repayment or if the project is constructed with an improvement district, the question shall be submitted to the qualified electors at an election held on the first Tuesday following the first Monday in November.

2. For a city or town with a population of one hundred fifty thousand persons or less, the revenues of the city's or town's utility system or systems may be pledged to the payment of the repayment agreement without an election, if the pledge of revenues does not violate any covenant pertaining to the utility system or systems or the revenues pledged to secure outstanding bonds or other obligations of the city or town.

3. An election is not required if voter approval has previously been obtained for substantially the same project with another funding source.

4. If a majority of the qualified electors voting on the question:

(a) Approves, the governing body may execute, deliver and perform the financial assistance loan repayment agreement.

(b) Disapproves, the governing body shall not execute a financial assistance loan repayment agreement.

D. Payments made pursuant to a financial assistance loan repayment agreement are not subject to section 42-17106.

E. A financial assistance loan repayment agreement entered into pursuant to this section shall contain the covenants and conditions pertaining to constructing, acquiring or improving a wastewater treatment or drinking water facility or nonpoint source project and repaying the loan as the water infrastructure finance authority of Arizona deems proper. Financial assistance loan repayment agreements may provide for paying interest on the unpaid principal balance of such agreement at the rates established in the agreement. The agreement may also provide for paying the city's or town's proportionate share of the expenses of administering the clean water and drinking water revolving funds established by sections 49-1221 and 49-1241 and may provide that the city or town pay financing and loan administration fees approved by the water infrastructure finance authority. These costs may be included in the levy or assessment amounts pledged to repay the financial assistance. Cities and towns are bound by and shall fully perform the loan repayment agreements, and the agreements are incontestable after the loan is funded by the water infrastructure finance authority of Arizona. The city or town shall also agree to pay the authority's costs in issuing bonds or otherwise borrowing to fund a loan.

F. A financial assistance loan repayment agreement under this section does not create a debt of the city or town, and the authority shall not require that payment of a financial assistance loan repayment agreement be made from other than those sources allowed in subsection B of this section and as prescribed by sections 49-1225 and 49-1245.

G. A city or town may employ attorneys, accountants, financial consultants and such other experts in their field as deemed necessary to perform services with respect to the financial assistance loan repayment agreement.

H. This section is supplemental and alternative to any other law under which a city or town may borrow money or issue bonds. This section is not the exclusive authorization to enter into loan agreements with the authority.

I. A city or town may borrow additional monies or enter into additional financial assistance loan repayment agreements with the water infrastructure finance authority in an amount up to the amount approved by the voters pursuant to subsection C of this section less the amount that the city or town is already obligated to repay to the water infrastructure finance authority pursuant to a financial assistance loan repayment agreement.

J. The water infrastructure finance authority may not provide funds to a city or town to either:

1. Condemn or acquire through eminent domain any assets of a public service corporation that is regulated by the corporation commission without a written statement from the public service corporation certifying that it is a willing seller and consenting to the provision of funding.

2. Refinance any loan, bond or other financing arrangement used by a city or town to condemn or acquire through eminent domain any assets of a public service corporation that is regulated by the corporation commission without a written statement from the public service corporation certifying that it is a willing seller and consenting to the provision of funding.

K. For the purposes of this section:

1. "City" includes both cities formed pursuant to this title and charter cities.

2. "Nonpoint source project" has the same meaning prescribed in section 49-1201.
A.R.S. § 9-924 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 924
9-924 Payment of pensions
Status: in_force

9-924. Payment of pensions

Pensions shall be paid from the fund in cases specified in this section and sections 9-925 through 9-928. It is the intention to restrict the operation of this article to situations not covered by the workers' compensation law and to prohibit payments from the fund to persons receiving, or for whose benefit there is being paid, compensation under the workers' compensation law. This limitation shall not apply to a retired member who suffers an occupational disease, or an injury or death as the result of an industrial accident arising out of employment after retirement.
A.R.S. § 9-1202 — Arizona Code / Title 9 / Chapter 11 / Article 1 / Section 1202
9-1202 Protected development right; establishment; plan requirements; variance
Status: in_force

9-1202. Protected development right; establishment; plan requirements; variance

A. A city or town may provide by ordinance or resolution the requirements for a development to be a phased development.  If a city or town does not adopt an ordinance or resolution that includes the requirements for a development to be a phased development, a plan submitted as a protected development right plan may be identified as a plan for a phased development at the time the plan is submitted.

B. A protected development right plan, at a minimum, shall describe with a reasonable degree of certainty all of the following:

1. The proposed uses of the site.

2. The boundaries of the site.

3. Significant topographical and other natural features affecting development of the site.

4. For other than a phased development, the general location on the site of the proposed buildings, structures and other improvements.

5. The number of dwelling units and, for other than a phased development, the square footage and height of the proposed buildings and other structures.

6. The location of all existing and proposed utilities and a provision for other infrastructure on the site, including water, sewers, roads and pedestrian walkways.

C. Nothing in this section is intended to or shall preclude a city or town from establishing additional requirements for submittal or approval of development plans for any land use category or district and such requirements may include traffic reports or studies, drainage reports or studies, master street plans, development phasing schedules and phased public infrastructure schedules.  A city or town shall require submission of a more detailed plan for each phase of a phased development in order to obtain final site development approval to develop the property.

D. A final subdivision plat that meets the requirements of subsection B, and section 9-463.01 shall be a protected development right plan.

E. A protected development right is established only for the specific elements of the development or other specific matters shown on the approved protected development right plan. A protected development right is not established for any elements or other matters, or portions of any elements of the development or other matters not shown on the approved protected development right plan.

F. The legislative body of a city or town may designate by ordinance or resolution a development plan that is not identified as a protected development right plan at the time it is submitted as a protected development right plan upon a finding by such legislative body that granting a protected development right to undertake and complete the development shown on the plan will promote reasonable certainty, stability and fairness in the land use planning and regulatory process and secure the reasonable investment backed expectations of the landowner.

G. A protected development right shall be deemed established with respect to a property on the effective date of a valid approval of a protected development right plan. The protected development right confers on the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the protected development right plan and this article.

H. A city or town shall not require a landowner to waive a protected development right as a condition of development approval.

I. A protected development right is subject to the terms and conditions imposed by the city or town on the protected development right plan approval and nothing in this section is intended to or shall preclude a city or town from establishing such terms and conditions.

J. A protected development right plan approved with a condition or stipulation that a variance be obtained does not confer a protected development right until the necessary variance is obtained. Approval of a protected development right plan does not guarantee approval of a variance.
A.R.S. § 9-500.46 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.46
9-500.46 Parking; public service and public safety emergency vehicles; definitions
Status: in_force

9-500.46. Parking; public service and public safety emergency vehicles; definitions

A. Notwithstanding any provision in rule or ordinance, a city, including a charter city, or town may not prohibit a resident from parking a motor vehicle on a street or driveway in the city or town if the vehicle is required to be available at designated periods at the person's residence as a condition of the person's employment and either of the following applies:

1. The resident is employed by a public service corporation that is regulated by the corporation commission, an entity that provides emergency telephone service, an entity regulated by the federal energy regulatory commission or a municipal utility and the public service corporation, emergency telephone service provider, federally regulated utility or municipal utility is required to prepare for emergency deployments of personnel and equipment for repair or maintenance of natural gas, electrical, telecommunications, emergency telephone or water infrastructure, the vehicle has a gross vehicle weight rating of twenty thousand pounds or less and is owned or operated by the public service corporation, emergency telephone service provider, federally regulated utility or municipal utility and the vehicle bears an official emblem or other visible designation of the public service corporation, emergency telephone service provider, federally regulated utility or municipal utility.

2. The resident is employed by a public safety agency, including police or fire service for a federal, state, local or tribal agency or a private fire service provider or an ambulance service provider that is regulated pursuant to title 36, chapter 21.1, and the vehicle has a gross vehicle weight rating of ten thousand pounds or less and bears an official emblem or other visible designation of that agency.

B. This section does not prevent a city, including a charter city, or town from enforcing public health, safety and welfare requirements, including requirements relating to parking and traffic that are applied on a uniform and nondiscriminatory basis.

C. For the purposes of this section:

1. "Emergency telephone service" means a service that provides voice transmissions to emergency or public safety agencies through 911 or a similarly designated telephone number.  Emergency telephone service does not include commercial mobile radio services.

2. "Telecommunications" means the transmission of information of the user's choosing between or among points specified by the user without change in the form or content of the information as sent and received. Telecommunications does not include commercial mobile radio services.
A.R.S. § 9-597 — Arizona Code / Title 9 / Chapter 5 / Article 8 / Section 597
9-597 Dispute resolution
Status: in_force

9-597. Dispute resolution

A court of competent jurisdiction in this state shall determine all disputes arising under this article.
A.R.S. § 9-431 — Arizona Code / Title 9 / Chapter 4 / Article 3 / Section 431
9-431 Finding of statewide concern; preemption of city charter
Status: in_force

9-431. Finding of statewide concern; preemption of city charter

The ownership by cities and towns of tracts of land in counties other than the county in which the city or town is located from which water is or may be withdrawn or diverted and transported that causes the removal of the municipal property from the tax roll of the county in which the lands are located thereby reducing the taxing and bonding capacity of the county and other political subdivisions in which the property is located is an issue of statewide concern that requires regulation by this state, notwithstanding any provisions of a city charter.
A.R.S. § 9-927 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 927
9-927 Benefits to dependents upon death of member
Status: in_force

9-927. Benefits to dependents upon death of member

A. If upon the death, from any cause, of a member retired under the provisions of section 9-925, or of a member after ten years' service and while in the service, or if upon the death of a member retired under the provisions of section 9-926 resulting from disease contracted or injury sustained as provided in section 9-926, the member leaves surviving a spouse, a dependent child under the age of eighteen years, or a dependent parent, a monthly pension shall be paid:

1. To the surviving spouse, until death or remarriage, if the spouse is the widow or widower of a retired member, an amount equal to two thirds of the monthly pension being paid the retired member at the time of death, or if the surviving spouse is the widow or widower of a member dying after ten years' service and while in the service, an amount equal to one third of the monthly compensation of the deceased at the time of death.

2. To the guardian of each dependent child who survives in addition to the surviving spouse, until such child is eighteen years of age, or until his dependency shall earlier terminate, ten dollars per month, but if the total of the pensions to the surviving spouse and dependent children would exceed the amount of the pension to which deceased, if living and retired, would be entitled, then an amount equal to one third of the amount of the pension shall be prorated among the children.

3. To the guardian of the dependent child or children, if there is no surviving spouse entitled to a pension, the amount a surviving spouse so entitled would receive shall be prorated among the children.

4. To the dependent parent, if there is no surviving spouse or dependent child entitled to a pension, the amount a surviving spouse so entitled would receive, and if there are two dependent parents, the pension shall be paid to the one the board shall determine, or it may be prorated.

B. A pension shall not be payable to the surviving spouse of a retired member whose marriage to the decedent occurred subsequent to such member's retirement, or to any issue of such marriage.

C. For the purpose of this section, the term "dependent parent" means a parent over half of whose support at the time of the death of the member was received by the parent from the member.
A.R.S. § 9-461.14 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.14
9-461.14 Public works project planning; utility input; definitions
Status: in_force

9-461.14. Public works project planning; utility input; definitions

A. A city or town in the design phase of a public works project shall provide notice and opportunity for comment to all utilities the city or town believes may be impacted by the public works project for the purposes of:

1. Eliminating or minimizing the need for relocation of aerial, surface and underground facilities of the impacted utilities and, if relocation is unavoidable, minimizing the relocation costs to the extent practicable relative to the cost of the public works project.

2. Minimizing subsequent reconstruction or modification of utility facilities after completion of the public works project.

B. In addition to the requirements of subsection A of this section, a city or town shall annually post on its website a capital improvement plan containing all public works projects scheduled to be constructed.  For a city or town without a website, the information shall be posted on the website operated by an association of cities and towns in this state.  A utility may also request that the city or town annually provide a copy of the city or town's capital improvement plan and provide notice of any new projects not included in the plan or changes that advance the start date of any projects already in the plan.  The utility shall designate the utility representative to receive the plan and any notice of changes that would add new projects or advance the start date of any projects already in the plan.

C. For the purposes of this section:

1. "Public works project" has the same meaning prescribed in section 12-1141.

2. "Utility" has the same meaning prescribed in section 48-5107.
A.R.S. § 9-462.06 — Arizona Code / Title 9 / Chapter 4 / Article 6.1 / Section 462.06
9-462.06 Board of adjustment
Status: in_force

9-462.06. Board of adjustment

A. The legislative body, by ordinance, shall establish a board of adjustment, which shall consist of at least five but no more than seven members appointed by the legislative body in accordance with provisions of the ordinance, except that the ordinance may establish the legislative body as the board of adjustment. The legislative body may, by ordinance, delegate to a hearing officer the authority to hear and decide on matters within the jurisdiction of the board of adjustment as provided by this section, except that the right of appeal from the decision of a hearing officer to the board of adjustment shall be preserved.

B. The ordinance shall provide for public meetings of the board, for a chairperson with the power to administer oaths and take evidence, and that minutes of its proceedings showing the vote of each member and records of its examinations and other official actions be filed in the office of the board as a public record.

C. A board of adjustment shall hear and decide appeals from the decisions of the zoning administrator, shall exercise other powers as may be granted by the ordinance and adopt all rules and procedures necessary or convenient for the conduct of its business.

D. Appeals to the board of adjustment may be taken by persons aggrieved or by any officer, department, board or bureau of the municipality affected by a decision of the zoning administrator, within a reasonable time, by filing with the zoning administrator and with the board a notice of appeal specifying the grounds of the appeal. The zoning administrator shall immediately transmit all records pertaining to the action appealed from to the board.

E. An appeal to the board stays all proceedings in the matter appealed from, unless the zoning administrator certifies to the board that, in the zoning administrator's opinion by the facts stated in the certificate, a stay would cause imminent peril to life or property.  On the certification proceedings shall not be stayed, except by restraining order granted by the board or by a court of record on application and notice to the zoning administrator. Proceedings shall not be stayed if the appeal requests relief that has previously been denied by the board except pursuant to a special action in superior court as provided in subsection K of this section.

F. The board shall fix a reasonable time for hearing the appeal, and shall give notice of hearing by both publication in a newspaper of general circulation in accordance with section 9-462.04 and posting the notice in conspicuous places close to the property affected.

G. A board of adjustment shall:

1. Hear and decide appeals in which it is alleged there is an error in an order, requirement or decision made by the zoning administrator in the enforcement of a zoning ordinance adopted pursuant to this article.

2. Hear and decide appeals for variances from the terms of the zoning ordinance only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the zoning ordinance will deprive the property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted is subject to conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is located.

3. Reverse or affirm, in whole or in part, or modify the order, requirement or decision of the zoning administrator appealed from, and make the order, requirement, decision or determination as necessary.

H. A board of adjustment may not:

1. Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of the zoning ordinance provided the restriction in this paragraph shall not affect the authority to grant variances pursuant to this article.

2. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.

I. If the legislative body is established as the board of adjustment, it shall exercise all of the functions and duties of the board of adjustment in the same manner and to the same effect as provided in this section.

J. In a municipality with a population of more than one hundred thousand persons, the legislative body, by ordinance, may provide that a person aggrieved by a decision of the board or a taxpayer who owns or leases the adjacent property or a property within three hundred feet from the boundary of the immediately adjacent property, an officer or a department of the municipality affected by a decision of the board, at any time within fifteen days after the board has rendered its decision, may file an appeal with the clerk of the legislative body. The legislative body shall hear the appeal in accordance with procedures adopted by the legislative body and may affirm or reverse, in whole or in part, or modify the board's decision.

K. A person aggrieved by a decision of the legislative body or board or a taxpayer who owns or leases the adjacent property or a property within three hundred feet from the boundary of the immediately adjacent property, an officer or a department of the municipality affected by a decision of the legislative body or board, at any time within thirty days after the board, or the legislative body, if the board decision was appealed pursuant to subsection J of this section, has rendered its decision, may file a complaint for special action in the superior court to review the legislative body or board decision. Filing the complaint does not stay proceedings on the decision sought to be reviewed, but the court may, on application, grant a stay and on final hearing may affirm or reverse, in whole or in part, or modify the decision reviewed.
A.R.S. § 9-1201 — Arizona Code / Title 9 / Chapter 11 / Article 1 / Section 1201
9-1201 Definitions
Status: in_force

9-1201. Definitions

In this chapter, unless the context otherwise requires:

1. "Landowner" means any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns and personal representative of the owner, or a representative authorized by a landowner to submit to a city or town a development application for a property for approval.

2. "Property" means all real property subject to zoning regulations and restrictions by a city or town.

3. "Protected development right" means the right to undertake and complete the development and use of property under the terms and conditions of a protected development right plan and this article, without compliance with subsequent changes in zoning regulations and development standards, except as provided by section 9-1204.

4. "Protected development right plan" means a plan submitted by a landowner to a city or town, that, if approved by the legislative body of the city or town and if identified as a protected development right plan at the time it is submitted, grants the landowner, for a specified period of time, a protected development right to undertake and complete the development as shown on the plan. The protected development right plan shall be submitted to a city or town for site development approval.  A protected development right plan for a phased development shall be in the form of a plan for a master planned development which may include a planned unit development, planned community development or district, planned residential development or district or planned area development or district if such land use category or district is recognized and provided for in the zoning ordinance of the city or town.  A protected development right plan for a nonphased development must provide the final site development approval needed for issuance of a building permit.
A.R.S. § 9-474 — Arizona Code / Title 9 / Chapter 4 / Article 7 / Section 474
9-474 Subdivision plats; projection of street and alley lines; approval; survey
Status: reserved

9-474. Subdivision plats; projection of street and alley lines; approval; survey

A. When the owner of land, the whole or part of which is in an unincorporated area within three miles from the corporate limits of a city or town having an ordinance establishing minimum subdivision standards and controls, desires to subdivide the land into lots for the purpose of selling it by reference to a map or plat, he shall first give written notice to the city or town of his intention to subdivide the land, naming and describing the land so that it may be identified upon the ground, and shall submit to the city or town a tentative plat of the land showing the manner in which he desires to subdivide the land.

B. If the city or town desires that the streets or alleys of the tract conform with the projected streets or alleys of the city or town, or of an adopted plan of the city or town, then the city or town may, at its cost, project the lines of its streets and alleys to the nearest outer boundary lines of the subdivision and thereon mark the same, and shall supply the owner with the courses of the lines.

C. The city or town may also submit to the owner a written report recommending changes in the submitted plat of the location or dimension of streets, alleys, parks, easement for rights-of-way or property intended to be devoted to the use of the public. One copy of the report shall be delivered to the board of supervisors of the county.

D. If the report is given to the owner or the lines are so marked and the courses given the owner within thirty days from the date of service of notice of intention to the city or town, then the owner shall cause the land to be subdivided into blocks, lots, streets, alleys, parks and parkways, so as to accurately conform to the report and the projected lines and the courses thereof, and shall prepare in duplicate an accurate map or plat thereof on cloth, drawn and attested by a registered civil engineer or registered land surveyor from his survey of the ground. The engineer or registered land surveyor shall, in making the surveys, leave sufficient permanent monuments so that another surveyor or engineer may retrace his work. The nature and location of the monuments shall be plainly shown on the plat.

E. The plat shall particularly set forth and describe:

1. Parcels of ground within the tract or subdivision to be used for public purposes or offered for dedication for public uses, and their dimensions, boundaries and courses.

2. Either by number or letter, lots intended for sale, or reserved for private use, and their dimensions, boundaries and courses.

3. The location of the subdivision into lots with reference to adjacent subdivisions, the maps or plats of which have been previously recorded, or if none, then with reference to corners of a United States survey, or if on land unsurveyed by the United States, then to some prominent artificial monument established for such purpose.
A.R.S. § 9-1205 — Arizona Code / Title 9 / Chapter 11 / Article 1 / Section 1205
9-1205 Protected development right; exercise; agreements
Status: in_force

9-1205. Protected development right; exercise; agreements

A. A protected development right obtained under this chapter is not a personal right but attaches to and runs with the applicable property. After approval of a protected development right plan, all successors to the original landowner are entitled to exercise the protected development rights.

B. Nothing in this article precludes judicial determination, based on common law principles or statutory provisions, that a vested right exists in a particular case or that a compensable taking has occurred. Except as expressly provided in this chapter, nothing in this chapter shall be construed to alter the existing common law of vested rights.

C. Nothing in this article shall preclude, change or limit the ability of a city or town to enter into a development agreement under section 9-500.05.
A.R.S. § 9-461.03 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.03
9-461.03 Planning department
Status: in_force

9-461.03. Planning department

A. The legislative body of any municipality may establish a planning department. The officers and employees that the legislative body deems necessary for the department shall be appointed by the appointing authority of the municipality.

B. The appointing authority of each municipality may appoint a director of planning.

C. The legislative body of any municipality may employ or contract with consultants for such services as it requires.
A.R.S. § 9-408 — Arizona Code / Title 9 / Chapter 4 / Article 1 / Section 408
9-408 Home equity conversion program; authorization; use of proceeds
Status: in_force

9-408. Home equity conversion program; authorization; use of proceeds

A. A city or town, by ordinance, may offer a home equity conversion program for persons sixty years of age or older.

B. A city or town shall use any monies obtained from a home equity conversion program, after payment of all costs and expenses, on programs for senior citizens.
A.R.S. § 9-491.02 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 491.02
9-491.02 Business license; out-of-state businesses; prohibition
Status: in_force

9-491.02. Business license; out-of-state businesses; prohibition

A city or town may not require a person to obtain a business license to conduct business with purchasers located in that city or town if the person is required to pay tax in this state only because the person's business exceeds the threshold provided in section 42-5043.
A.R.S. § 9-121 — Arizona Code / Title 9 / Chapter 1 / Article 2 / Section 121
9-121 Consolidation of towns
Status: repealed

9-121. Consolidation of towns

A. When the common councils of two incorporated towns having a common boundary and located in a county having a population of less than one hundred fifty thousand persons each pass a resolution requesting an election for the purpose of consolidating the two towns into one incorporated town, the board of supervisors of the county shall, within sixty days after certified copies of the resolutions of the two towns are filed with the clerk of the board of supervisors, adopt a resolution calling an election upon the question of the consolidation, and the question of the name of the new proposed town, which election shall be held on a date prescribed by section 16-204 but not more than one hundred eighty days after the county resolution is filed. The resolution shall set forth the following:

1. The date on which the election is to be held.

2. The places where votes may be cast, and at least one place shall be designated within the corporate limits of each of the two towns.

3. The hours between which the polling places will be open.

4. The name of the proposed consolidated town listing two to four choices.

B. The election resolution shall be published in full at least once, not less than fifteen nor more than thirty days prior to the date of the election in a newspaper published in the county. If there is no such newspaper, the resolution shall be posted in five conspicuous places in each of the municipalities not less than fifteen nor more than thirty days prior to the date of the election.

C. At the election, the ballot shall contain and may be limited to the following:

1. The phrases "for the consolidation" and "against the consolidation". To the right of and opposite each phrase shall be placed a square approximately the size of squares placed opposite the names of candidates on ballots. The voter shall indicate his vote for the consolidation or against the consolidation by inserting the mark "X" in the square opposite the appropriate phrase. No other question, word nor figure need be printed on the ballot. The ballot need not be any particular size nor need sample ballots be printed, posted or distributed.

2. The phrase "if consolidation is approved, choose one of the following as the name of the new proposed town." To the right of and opposite each suggested name shall be placed a square approximately the size of squares placed opposite the names of candidates on ballots. The voter shall indicate the vote for the name of the new proposed town by inserting the mark "X" in one square only opposite the name chosen.

D. Only qualified electors of the towns shall vote on the question. If a majority of the qualified electors voting thereon, in each incorporated town, votes for consolidation, then the board of supervisors shall by an order entered of record by the board declare the two incorporated towns consolidated into one incorporated town, and the order of the board shall designate the name of the town, which shall be the name chosen by the most voters in the election as set forth in the resolution calling the election.

E. Except as otherwise provided in this article, the manner of conducting the registration and election, keeping the poll lists, making the returns, declaring the results and doing all acts relating to the election shall conform to the procedure provided by law for the registration and qualification of electors and holding elections wherein the question of issuance of bonds of municipal corporations is submitted to an election.

F. The first common council for the new town shall be appointed by the board of supervisors in the manner provided in section 9-231, for towns newly incorporated.

G. The incorporated limits of the new town shall be the combined corporate limits of the two former incorporated towns at the time of the election. The ordinances and resolutions of the former towns shall continue in force unless repealed or changed by the new common council. In case of conflict between ordinances or resolutions, the ordinance or resolution of the former town having the largest population at the last federal decennial census shall prevail. The new town shall be liable for all debts and liabilities of the two former towns, and shall be entitled to receive all property and rights of action belonging to the former towns.

H. Towns incorporated pursuant to this article shall have all powers, duties, rights and privileges granted to incorporated towns under the laws and constitution of the state of Arizona.
A.R.S. § 9-132 — Arizona Code / Title 9 / Chapter 1 / Article 3 / Section 132
9-132 Disincorporation
Status: in_force

9-132. Disincorporation

Upon petition of two-thirds of the qualified electors residing within a city or town located in more than one county, the boards of supervisors of the respective counties, meeting in joint session may disincorporate the city or town, and appoint a trustee with authority to terminate the affairs of the corporation, sell and convey its property, real and personal, pay the debts of the city or town and deposit the surplus of the proceeds of the property in the county treasury to be there disposed of for the improvement of roads in the vicinity in which the city or town is situated. Such proceeds shall be distributed by the trustee to the respective counties in the proportion that the population of the city or town within each county bore to the total population of the city or town, according to the most recent regular or special federal census.
A.R.S. § 9-411 — Arizona Code / Title 9 / Chapter 4 / Article 2 / Section 411
9-411 Tax levy for library purposes
Status: in_force

9-411. Tax levy for library purposes

A city or town may levy annually, in addition to all other taxes, a tax not to exceed one and one-half mills on the assessed value of all property in the city or town, exclusive of the valuation of property exempt from taxation, for the purpose of establishing and maintaining therein free public libraries and reading rooms, for purchasing books, journals and other publications, and erecting and maintaining such buildings as may be necessary therefor.
A.R.S. § 9-302 — Arizona Code / Title 9 / Chapter 3 / Article 1 / Section 302
9-302 Bonds of officers
Status: in_force

9-302. Bonds of officers

A. Unless bonded pursuant to the provisions of subsection B of this section, every officer of a city or town shall execute and file an official bond, enforceable against the principal and his sureties, conditioned on the due and faithful performance of his official duties, payable to the state and to and for the use and benefit of the municipality or any person who may be injured or aggrieved by the wrongful act or default of the officer in his official capacity. A person injured or aggrieved may bring suit on such bond under the provisions of section 38-260.

B. Any incorporated city or town may obtain and deliver to the city or town clerk a blanket bond conditioned on faithful performance of all such city's or town's officers payable to the municipality, except the treasurer or tax collector by whatever title known, who shall execute the official bond provided for in subsection A.
A.R.S. § 9-441.01 — Arizona Code / Title 9 / Chapter 4 / Article 4 / Section 441.01
9-441.01 Public purpose; declaration of housing development area by local governing body
Status: in_force

9-441.01. Public purpose; declaration of housing development area by local governing body

A. It is a valid public purpose of municipalities to assist in providing for the acquisition, construction or rehabilitation of housing and other facilities necessary or incidental to the housing and primarily for the use of those residing in the housing, in areas that are declared by the municipality to be housing development areas, and public monies may be spent for these purposes in these areas.

B. Before exercising any of the powers conferred on municipalities by this article, the local governing body shall adopt a resolution finding that a shortage of housing exists in a certain area of the municipality, that the area is declared to be a housing development area and that assisting in the development of housing in the area is in the interests of the public health, safety, morals or welfare of the residents of the municipality. The resolution shall also establish the boundaries of the housing development area, provided that the local governing body may not approve a housing development plan if doing so would result in more than twenty per cent of the geographical area of the municipality being included in housing development areas.
A.R.S. § 9-253 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 253
9-253 Recording of maps and plats; preservation of originals
Status: in_force

9-253. Recording of maps and plats; preservation of originals

A. The county recorder shall record the plats in a book to be kept for that purpose, and, when necessary, may reduce the scale of the plat, and upon each record in the book, shall endorse his certificate that the plat is recorded from the original plat filed in his office.

B. The original plat shall be preserved by the county recorder, and the clerk of the city or town, among the records of their offices respectively.
A.R.S. § 9-809 — Arizona Code / Title 9 / Chapter 7 / Article 1 / Section 809
9-809 Semipublic swimming pools; locking device; pool barrier gates; exception
Status: in_force

9-809. Semipublic swimming pools; locking device; pool barrier gates; exception

A. From and after December 31, 2014, a code or ordinance or part of a uniform code or ordinance that is adopted by a city or town applies to locking devices for pool barrier gates used for means of ingress or egress for semipublic swimming pools.  Any new construction or major renovation of a semipublic swimming pool from and after December 31, 2014 must meet the requirements of the code or ordinance or part of the uniform code or ordinance that is adopted by the city or town.

B. Subsection A of this section does not apply to a locking device for a pool barrier gate used for means of ingress or egress for a semipublic swimming pool that was installed before January 1, 2015, if the locking device meets the requirements prescribed in section 36-1681, subsection B, paragraph 3.
A.R.S. § 9-1204 — Arizona Code / Title 9 / Chapter 11 / Article 1 / Section 1204
9-1204 Subsequent changes prohibited; exceptions
Status: in_force

9-1204. Subsequent changes prohibited; exceptions

A. A protected development right established under this section precludes the enforcement against the property to which the protected development right applies of any legislative or administrative land use regulation by a city or town or pursuant to an initiated measure that would change, alter, impair, prevent, diminish, delay or otherwise impact the development or use of the property as set forth in an approved protected development right plan, except under any one or more of the following circumstances:

1. With the written consent of the affected landowner.

2. On findings, by ordinance or resolution, and after notice and a public hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the project were to proceed as approved in the protected development right plan.

3. On findings, by ordinance or resolution, and after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval of the protected development right plan by the city or town.

4. On the enactment of a state or federal law or regulation that precludes development as approved in the protected development right plan, in which case the governing body of the city or town, after notice and a hearing, may modify the affected provisions, on a finding that the change in state or federal law has a fundamental effect on the protected development right plan.

B. A protected development right does not preclude the enforcement of a subsequently adopted overlay zoning classification that imposes additional requirements and that does not affect the allowable type or density of use, or ordinances or regulations that are general in nature and that are applicable to all property subject to land use regulation by the city or town, such as building, fire, plumbing, electrical and mechanical codes.

C. Notwithstanding any other provision of this article, the establishment of a protected development right does not preclude, change or impair the authority of a city or town to adopt and enforce zoning ordinance provisions governing nonconforming property or uses.

D. This article does not alter or diminish the authority of a city or town to exercise its eminent domain powers.
A.R.S. § 9-232.03 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 232.03
9-232.03 Alternative procedure for mayor to be directly elected by electors
Status: in_force

9-232.03. Alternative procedure for mayor to be directly elected by electors

The common council may, by a majority vote of the qualified electors of the town voting thereon either at a regular or special election, provide by ordinance that the mayor shall be directly elected by the electors rather than selected by the common council.
A.R.S. § 9-1402 — Arizona Code / Title 9 / Chapter 13 / Article 1 / Section 1402
9-1402 State preemption; uniform regulation and licensing
Status: in_force

9-1402. State preemption; uniform regulation and licensing

A. The licensing of video service providers and the regulation and use of video service are matters of statewide concern. Except as provided in this chapter, the licensing of video service providers and the regulation and use of video service are not subject to further regulation by a local government.  The regulation of video service pursuant to this chapter, including application to the local licenses of incumbent cable operators, is reasonable and necessary to promote all of the following:

1. Provision of competitive video, telecommunications and information service throughout this state.

2. More uniform regulation of competitive video service throughout this state.

3. Streamlined licensing by local governments and more uniform terms and conditions for video service providers that use highways to provide video and other services over video service networks.

4. Continued management by local governments of use of their highways with reasonable burdens on construction and maintenance across boundaries between local governments for video service providers to use highways to provide video and other services over video service networks.

5. Continued levying of license fees by local governments on subscriber service revenues derived from operating video service networks to provide video service.

6. Support for federal subscriber service standards.

B. To the fullest extent allowed by federal law, this chapter occupies the entire field of licensing and regulation of video service.

C. Except as otherwise provided in this chapter, from and after December 31, 2019 this chapter preempts and limits the ability of a local government to regulate or enforce all of the following:

1. The application of chapter 5, article 1.1 of this title to video service providers.

2. Any local law and any agreement with a local government that does any of the following:

(a)  Requires a person other than a holdover cable operator to obtain or hold from a local government any license, permit or similar authorization that is a prerequisite to providing video service or to constructing, maintaining or using the highways to operate a video service network in the highways within its boundaries.

(b)  Regulates the provision of video service or the construction or operation of a video service network if the local law does not conform to this chapter.

(c) Imposes on a video service provider any requirement that is related to infrastructure, facilities or deployment of equipment that does not conform to this chapter, including office location, institutional network, build-out, line extension, investment or other operational requirements that are not directly related to the local government's management of the highways.

(d)  Requires a video service provider to obtain a license or other authorization from the local government to provide telecommunications service, information service, interactive computer service or other service if the video service provider uses its video service network within the boundaries of the local government to provide the service.

(e)  Requires a video service provider to pay to locate in ducts or conduits or on poles owned by the local government if the local government requires installation in the ducts or conduits or on the poles.
A.R.S. § 9-537 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 537
9-537 Supplemental nature of article
Status: in_force

9-537. Supplemental nature of article

In so far as the provisions of this article are inconsistent with any other provision of law, the provisions hereof shall be controlling. The powers conferred by this article shall be in addition and supplemental to the powers conferred by any other law. Except as expressly provided in this article, the utility undertaking may be constructed, improved, reconstructed, extended and acquired, notwithstanding any other law providing for the construction, improvement, reconstruction, extension or acquisition of a like utility undertaking and without regard to the requirements, restrictions or other provisions contained in any law, including, but not limited to, sections 9-511 to 9-514, inclusive. Bonds may be issued under this article for any utility undertaking, notwithstanding that any other law may provide for the issuance of bonds for a like purpose and without regard to the requirements, restrictions or provisions contained in any other law.
A.R.S. § 9-101.02 — Arizona Code / Title 9 / Chapter 1 / Article 1 / Section 101.02
9-101.02 Alternate method of incorporation for certain areas; definition
Status: in_force

9-101.02. Alternate method of incorporation for certain areas; definition

A. As an alternate procedure for incorporation, any unincorporated community containing a population of seventy-five hundred persons or more, if such community includes all of the territory of a district organized under title 48, chapter 19, which itself includes all of the territory of a district organized under title 48, chapter 14, may incorporate as a city or town if each of the following events occurs:

1. At least twenty per cent of the qualified electors of the community petition the board of supervisors, setting forth the metes and bounds of the community, the name proposed for such city or town, praying for the incorporation of the community into a city or town and praying for the calling of an election for the purpose of deciding the question of whether to incorporate.  The board shall within sixty days after filing the petition call the election, and the election shall take place on a date prescribed by section 16-204 but not more than one hundred eighty days after the petition is filed, except that no such election shall be called within twelve months from the date of a previous election for incorporation of substantially the same territory.  Only qualified electors of the community shall vote on the question. If a majority of qualified electors voting thereon votes for incorporation, then the board of supervisors shall, by an order entered of record, declare the community incorporated as a city or town, if the provisions of paragraph 2 of this subsection are complied with.

2. When, on the basis of a sufficient petition therefor under paragraph 1 of this subsection, an election is required upon the question of incorporation the board of supervisors shall also call, at the same time as the incorporation election is called, separate elections among the qualified electors of each of such districts on the question of ultimate dissolution of the district.  For the purposes of such elections, a qualified elector of a district shall be a person who is qualified to vote at the incorporation election called pursuant to paragraph 1 of this subsection and who resides within the district, and shall not be required to meet any additional qualifications. If a majority of the qualified electors of each district voting on the question approves it, each district shall be dissolved at the time and as otherwise provided in title 48, chapter 14 and chapter 19, respectively.  Pending dissolution, the administration of district affairs shall vest in trust in the governing body of the city or town created pursuant to the election conducted under paragraph 1.  Members of the governing body of such city or town are trustees of the districts for all purposes of such districts and as such have the powers and duties prescribed for the boards of directors of the districts organized pursuant to title 48, chapters 14 and 19. Such trustees may, without limitation, except as provided by law and within this section, operate the facilities of the district, may cause the levy of district taxes and assessments to pay debts and operating charges of the district and may issue and sell bonds previously authorized for improvements prior to dissolution of the district. Indebtedness and obligations of or issued by or on behalf of such districts shall not thereby become indebtedness or obligations of such city or town, except that such city or town shall be responsible as trustees to insure that all obligations and debts of the district shall be paid when due from funds available to the trustees from the district.  Until dissolution, nothing shall be deemed to preclude such a district from otherwise continuing to carry on its activities and transacting its business, or from entering into contracts and agreements otherwise authorized with such city or town, or from transferring streets and other property to such city or town. At elections conducted after incorporation in districts to which this section applies the electors shall be qualified electors of the city or town who reside within the district, shall be fully qualified to vote in a city or town election were one conducted at the same time, and shall not be required to meet any additional qualifications.

B. Members of the boards of directors of the districts, if the terms of such members have not expired, shall serve as an advisory board to the trustees until expiration of the terms or earlier vacancy, and thereafter the office shall be deemed abolished.

C. If the qualified electors voting in the election conducted pursuant to subsection A, paragraph 1 of this section fail to approve incorporation or if the qualified electors voting in either of the elections conducted pursuant to subsection A, paragraph 2 of this section fail to approve dissolution, the community shall not at that time become an incorporated city or town.

D. If incorporation is accomplished pursuant to this section, the order of the board of supervisors shall designate the name of the city or town and its metes and bounds, and thereafter the inhabitants within the area so defined shall be a body politic and corporate by the name designated.

E. An area to be incorporated shall not include large areas of uninhabited, rural or farm lands, but it shall be urban in nature.

F. Prior to the beginning of the first full fiscal year in which a city that is incorporated under this section assumes the financial responsibility for a dissolved special taxing district or districts formerly within the city's boundaries, the economic estimates commission, pursuant to section 41-563, shall add to the city's 1979-1980 base limit, for purposes of determining its expenditure limitation pursuant to article IX, Constitution of Arizona, the actual expenditures of the district or districts for fiscal year 1979-1980 as set forth in an audit by a certified public accountant done for fiscal year 1979-1980.  For purposes of making the adjustment to the city's expenditure limitation pursuant to this subsection, notice shall be provided by a city to the economic estimates commission no later than January 1 prior to the beginning of the fiscal year in which a city proposes to assume the responsibility for a dissolved district.

G. For the purposes of this section, "community" means a locality in which a body of people resides in more or less proximity having common interests in such services as public health, public protection, fire protection and water which bind together the people of the area and where the people are acquainted and mingle in business, social, educational and recreational activities.
A.R.S. § 9-249 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 249
9-249 Warrants, substitute checks and vouchers; presentment; payment; registry; definitions
Status: in_force

9-249. Warrants, substitute checks and vouchers; presentment; payment; registry; definitions

A. The treasurer of a city or town shall not pay any warrant, substitute check or voucher unless presented for payment by the person in whose favor it is drawn or the person's assignee, executor or administrator. When a warrant, substitute check or voucher on the treasurer is properly presented for payment, the treasurer shall pay it and write or stamp on the face of it "paid" and the date of payment and shall sign it. An electronic image of the original warrant provided by or made available by the servicing bank in a format approved by the treasurer of a city or town shall be deemed properly presented. If the treasurer cannot pay the warrant, substitute check or voucher for want of funds, the treasurer shall write or stamp on the face of it "not paid for want of funds" and the date of presentation and shall sign it, and, from that date until paid, the warrant, substitute check or voucher shall bear interest at a rate to be determined by the council, but in no case to exceed six per cent per year.  The city or town and the servicing bank shall agree upon the method of delivery of the warrant, substitute check or voucher.

B. The treasurer shall keep a registry of warrants, substitute checks and vouchers presented for payment.

C. For the purposes of this article:

1. "Substitute check" means a paper reproduction of an original warrant created from an electronic image of the original warrant that:

(a) Contains an image of the front and back of the original check.

(b) Bears a magnetic ink character recognition line containing all of the information in the magnetic ink character recognition line of the original check.

(c) Conforms in paper stock, dimension and otherwise with generally applicable industry standards for substitute checks.

(d) Is suitable for automated processing in the same manner as the original warrant.

2. "Warrant" means an original warrant or an electronic image of an original warrant from which a substitute check may be created.
A.R.S. § 9-203 — Arizona Code / Title 9 / Chapter 2 / Article 1 / Section 203
9-203 Vacancies; bonds
Status: in_force

9-203. Vacancies; bonds

A. In case of the death, resignation or removal of the chief of police or marshal, city clerk or treasurer, the mayor and common council may fill the vacancy by appointment until the next general municipal election, at which time the office of chief of police or marshal shall be filled by election.

B. The chief of police and treasurer shall give bond in a sum to be fixed and approved by the mayor and common council for the faithful performance of their duties.
A.R.S. § 9-500.21 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.21
9-500.21 Civil enforcement of municipal ordinances
Status: in_force

9-500.21. Civil enforcement of municipal ordinances

A city or town that classifies ordinance violations as civil offenses shall establish procedures to hear and determine these violations that may include:

1. Filing of a complaint before a hearing officer.  The city or town magistrate may serve as a hearing officer or the city or town may appoint a separate hearing officer.

2. Timely notice of the citation to the violator.  If the city or town is unable to personally serve the notice, the notice may be served in the same manner prescribed for alternative methods of service by the Arizona rules of civil procedure or by certified or registered mail, return receipt requested.

3. Procedures for the hearing, record on appeal, default by a defendant and rules of evidence that generally comply with those for civil traffic offenses.

4. Imposition of a civil penalty.  At the conclusion of the hearing, the hearing officer shall determine whether a violation exists and, if so, may impose civil penalties of up to the maximum amount specified in section 9-240 for ordinance violations for each day a violation exists beyond the initial notice constituting a separate offense. The hearing officer may also order abatement of the violation pursuant to section 9-499.

5. A provision that if the violator does not comply with a civil enforcement action, the city or town may file a criminal charge.  A civil enforcement action is not a prerequisite to the filing of a criminal charge.

6. Judicial review of the final decisions of the hearing officer pursuant to section 12-124.
A.R.S. § 9-493 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 493
9-493 Appropriation for advertising
Status: in_force

9-493. Appropriation for advertising

A. Cities and towns with a population of more than sixty thousand persons according to the most recent United States decennial census may appropriate annually from the general fund an amount not to exceed two-tenths of one per cent of the assessed valuation of the city or town and cities and towns with a population of sixty thousand persons or less according to the most recent United States decennial census may appropriate annually from the general fund an amount not to exceed three-tenths of one per cent of the assessed valuation or in either case forty thousand dollars, whichever sum is the greater, for the purpose of encouraging immigration, new industries and investment in the city or town and for printing and distributing books, pamphlets and maps advertising the advantages of the city or town.

B. The governing body may pay the amount appropriated to the chamber of commerce, board of trade or other commercial organization of the city or town to be expended for the purposes enumerated in this section.
A.R.S. § 9-470.01 — Arizona Code / Title 9 / Chapter 4 / Article 6.4 / Section 470.01
9-470.01 Single-family residential dwelling units; applications; third-party review; appeals; immunity; applicability; definition
Status: in_force

9-470.01. Single-family residential dwelling units; applications; third-party review; appeals; immunity; applicability; definition

A. If a municipality with a population of thirty thousand persons or more does not approve, conditionally approve or respond with required additions or revisions to an application for a single-family residential building permit within fifteen working days after the date the application is submitted, any required review of the application may be performed by a qualified third party selected by the municipality pursuant to the requirements of this section. A municipality shall maintain a list of at least three third-party reviewers who are eligible to be hired by the municipality to perform a building permit application review pursuant to this section. The time frame prescribed by this subsection does not begin until the applicant has satisfied the following requirements:

1. The municipality has approved construction documents for the dwelling to be constructed.

2. The municipality has approved vertical construction activities to begin in the subdivision in which the dwelling is to be constructed or, if the dwelling is not to be constructed in a subdivision, on the individual lot on which the dwelling is to be constructed.

B. A third party who reviews a single-family residential building permit application pursuant to this section shall do both of the following:

1. Review the application and take all other related actions in accordance with all requirements adopted by the municipality where the application was submitted.

2. Notify the municipality and the applicant of the results of the review.

C. A municipality may not request or require an applicant to waive a deadline or other procedure required by this section.

D. The applicant may appeal a decision by the municipality to approve, conditionally approve or deny a single-family residential building permit application.

E. A municipality that issues a permit, approval or certificate of occupancy after a third-party plan review pursuant to this section shall have immunity as prescribed in sections 12-820.01 and 12-820.02.

F. The applicant is responsible for any fees and costs associated with a third-party review and shall pay the fees and costs to the municipality.

G. This section does not apply to applications required to comply with a hillside development ordinance or for floodplain reviews that are required pursuant to federal floodplain regulations.

H. This section does not modify the authority of a building official to withhold a certificate of occupancy in accordance with the municipality's adopted codes and ordinances.

I. For the purposes of this section, "application":

1. Means a plan, permit or other document that is related to building construction and that is necessary for the construction of a single-family residential dwelling unit.

2. Does not include either:

(a) A certificate of occupancy.

(b) A subdivision preplat.
A.R.S. § 9-136 — Arizona Code / Title 9 / Chapter 1 / Article 3 / Section 136
9-136 State or county collected taxes
Status: in_force

9-136. State or county collected taxes

The department of revenue, the county treasurers and every other state department, agency or political subdivision, shall remit to cities and towns located in more than one county their portion of taxes which are collected for and in behalf of the incorporated cities and towns.  Distribution of such taxes shall be on the same basis as now or hereafter provided by law.
A.R.S. § 9-958 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 958
9-958 Election to transfer excess assets from fire fighters' relief and pension fund; public safety personnel retirement system; alternate pension and benefit plan; unfunded liability
Status: in_force

9-958. Election to transfer excess assets from fire fighters' relief and pension fund; public safety personnel retirement system; alternate pension and benefit plan; unfunded liability

A. Notwithstanding any other law, if a fire district that is organized pursuant to section 48-803 and that has at least five full-time firefighters, excluding firefighters employed by the fire district pursuant to a contract with a corporation, elects to provide coverage to its full-time firefighters under the public safety personnel retirement system pursuant to section 38-851, the amount of monies accumulated pursuant to this article that is in excess of the amount necessary to provide benefits for volunteer firefighters may be transferred to the public safety personnel retirement fund for the purposes of paying any past, present or future service costs of the district attributable to the full-time firefighters who are included in the public safety personnel retirement system either at the time the fire district executes the joinder agreement with the system or thereafter. Before transferring any monies to the public safety personnel retirement fund, the fire district board shall determine by actuarial procedures prescribed by the manager of the fire fighters' relief and pension fund the amount necessary to fully fund any benefits accrued for volunteer firefighters as of the date or dates of the proposed transfer of monies authorized by this subsection.

B. Excess monies in the fire fighters' relief and pension fund that a fire district elects to transfer to the public safety personnel retirement fund pursuant to subsection A of this section may be transferred in a lump sum at the time the fire district executes its joinder agreement with the public safety personnel retirement system or may be transferred in installments or in any other manner allowed by the fund manager of the public safety personnel retirement system.

C. If a fire district has monies in the fire fighters' relief and pension fund in excess of the amount necessary to provide benefits for volunteer firefighters and the fire district has not made an election to cover its full-time firefighters under the public safety personnel retirement system pursuant to section 38-851 and subsection A of this section, that fire district may apply the excess monies to an alternate pension and benefit plan established pursuant to article 4 of this chapter by that district for the benefit of either its part-time or full-time firefighters, or both. The amounts that may be transferred to the alternate pension and benefit plan shall be determined in the same manner as set forth in subsection A of this section.

D. Notwithstanding any other law, a city or town that maintains a fire fighters' relief and pension fund for past or present volunteer firefighters, or both, or past or present part-time firefighters, or both, may elect to transfer excess monies from the fund to the public safety personnel retirement system to be applied to any past or present unfunded liability.  Before transferring any monies to the public safety personnel retirement system, the city or town shall determine by actuarial procedures prescribed by the fire fighters' relief and pension fund board of trustees the amount necessary to fully fund any benefits accrued for part-time or volunteer firefighters as of the date or dates of the proposed transfer of monies authorized by this subsection.
A.R.S. § 9-499.05 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.05
9-499.05 Authority to set rates for private towing carrier; notice of parking violations; violation; classification; definition
Status: in_force

9-499.05. Authority to set rates for private towing carrier; notice of parking violations; violation; classification; definition

A. The governing body of an incorporated city or town may regulate the maximum rate and charge for towing, transporting or impounding a motor vehicle from private property without the permission of the owner or operator of the vehicle by any private towing carriers doing business within its boundaries. A private towing carrier is subject to the maximum rate and charge regulation prescribed by the city or town for all such towing, transporting or impounding services if the vehicle being towed or transported is towed from private property located within the boundaries of the city or town.

B. The owner or agent of the owner of the private property shall be deemed to have given consent to unrestricted parking by the general public in any parking area of the private property unless such parking area is posted with signs as prescribed by this subsection which are clearly visible and readable from any point within the parking area and at each entrance. Such signs shall contain, at a minimum, the following:

1. Restrictions on parking.

2. Disposition of vehicles found in violation of the parking restrictions.

3. Maximum cost to the violator, including storage fees and any other charges that could result from the disposition of a vehicle parked in violation of parking restrictions.

4. Telephone number and address where the violator can locate the violator's vehicle.

C. It is unlawful for a private towing carrier to tow or transport a motor vehicle from private property without the permission of the owner or operator of the motor vehicle unless such private towing carrier receives a request from a law enforcement agency or the express written permission from the owner or the agent of the owner of the property that has complied with the requirements of subsection B. The owner or the owner's agent shall either sign each towing order or authorize the tow by a written contract which is valid for a specific length of time. The private towing carrier may not act as the agent of the owner.

D. A person who violates subsection C is guilty of a class 2 misdemeanor.

E. This section shall apply only to services performed while a person is actually engaged in the activities of a private towing carrier.

F. The provisions of this section do not apply to abandoned or junk vehicles disposed of pursuant to title 28, chapter 11.

G. For the purposes of this section, "private towing carrier" means any person who commercially offers services to tow, transport or impound motor vehicles from private property without the permission of the owner or operator of the vehicle by use of a truck or other vehicle designed for or adapted to that purpose.
A.R.S. § 9-981 — Arizona Code / Title 9 / Chapter 8 / Article 4 / Section 981
9-981 Authority to purchase alternative pension and benefit plan
Status: in_force

9-981. Authority to purchase alternative pension and benefit plan

A. In lieu of pension and relief benefits provided for under the provisions of article 3 of this chapter, a city, town or fire district may provide for an alternative pension and benefit program for fire fighters not covered under the provisions of article 3 of this chapter or under the public safety personnel retirement system.

B. The fire insurance premium tax received by the city, town or district under section 9-952, contributions from the city, town or district, and deductions from the salaries or compensation of firemen may be used to purchase a private pension or benefit program for firemen. Firemen not covered under the public safety personnel retirement system may elect to be covered under the provisions of the alternative pension and benefit program upon filing a request in writing with the city, town or district.

C. The terms, conditions, benefits, eligibility requirements and contribution rates of the alternative pension and benefit program shall be established by:

1. For a city or town, by the adoption of a resolution of the city or town council.

2. For a fire district with a board, by the adoption of a resolution of the board.

3. For a fire district without a board, by the adoption of a resolution of the board of trustees of the firemen's relief and pension fund and the approval of the board of supervisors.

D. Notwithstanding any other provision of law, pension and benefit programs authorized under this article shall not be construed to be a contract between the employee and employer and are subject to annual appropriations of the city, town or district.
A.R.S. § 9-1114 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1114
9-1114 Rights of lienholders
Status: in_force

9-1114. Rights of lienholders

No lien against the interests of a claimant shall be affected by the deed of the trustee to the claimant. The holder of a lien or certificate of sale, upon proof by affidavit of such fact, may file a statement in behalf of the claimant or contest claims in conflict with the rights of the claimant, or may intervene and support the rights of the party against whom he holds the liens, the same as such party might do himself. The money thus necessarily expended shall become a part of his claim against his debtor and a part of his lien.
A.R.S. § 9-500.02 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.02
9-500.02 Emergency medical aid; assistance to other public bodies; limitation on liability
Status: in_force

9-500.02. Emergency medical aid; assistance to other public bodies; limitation on liability

A. A city or town or its officers and employees, a private fire or ambulance company whose services are procured by a city or town or its officers and employees, a property owner or its officers or employees, a tenant or a licensed health care provider as defined in section 12-561 or an emergency medical care technician certified pursuant to title 36, chapter 21.1 who performs emergency medical aid, when rendering emergency medical aid provided by an emergency medical care technician, and who is certified by the director of the department of health services pursuant to section 36-2205, is not liable for civil or other damages to the recipient of the emergency medical aid as the result of any act or omission in rendering such aid or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the sick or injured person.  This subsection does not apply if the person providing emergency medical aid is guilty of gross negligence or intentional misconduct. The immunity provided for in this subsection does not extend to an emergency medical care technician while operating a motor vehicle.

B. A city or town, an employee of a city or town or a licensed health care provider if requested by a public body to assist at a traffic accident on a public right-of-way or to render emergency aid at an emergency occurrence outside of the corporate limits of such city or town is not liable for any civil or other damages as the result of any act or omission by the city or town or an employee of the city or town at the traffic accident, rendering emergency care or as the result of any act or failure to act to provide or arrange for further medical treatment or care for an injured person.  This subsection does not apply if the city or town, an employee of the city or town or a licensed health care provider, while providing assistance at such a traffic accident, rendering such emergency care or acting or failing to act to provide such further medical treatment or care, is guilty of gross negligence.

C. This section does not abrogate the right of an employee who is injured while performing services as provided in subsection A of this section to recover benefits for which the employee may be eligible under title 23, chapter 6 from the city or town.

D. This section does not limit a plaintiff's right to recover civil damages from any applicable uninsured motorist coverage or underinsured motorist coverage.

E. This section does not apply to services provided in an emergency room.

F. This section applies to all actions brought under sections 46-455 and 46-456, regardless of whether the action is brought by the recipient of the emergency medical aid or by some other authorized person, organization or governmental entity.
A.R.S. § 9-808 — Arizona Code / Title 9 / Chapter 7 / Article 1 / Section 808
9-808 Fire apparatus access road or approved route; fire watch requirements; enforcement; intent; state preemption; definitions
Status: in_force

9-808. Fire apparatus access road or approved route; fire watch requirements; enforcement; intent; state preemption; definitions

A. A municipality may not adopt any, or part of any, fire code, ordinance, stipulation or other legal requirement for an approved fire apparatus access road or a fire apparatus access road extension, or both, or an approved route or a route extension, or both, that directly or indirectly requires a one or two family residence or a utility or miscellaneous accessory building or structure to install fire sprinklers.  A fire code official may increase or extend an approved fire apparatus access road or a fire apparatus access road extension, or both, or an approved route or a route extension, or both, to comply with this section.  Compliance with this subsection is not grounds to deny or suspend a license or permit.

B. Nothing in subsection A of this section prohibits a municipality from adopting fire codes or ordinances to provide sufficient fire access and fire routes that ensure public health and safety.

C. If a municipality's fire code requires the use of a fire watch, an employee who works at the building in which a fire watch is required may serve as the fire watch.  A person who is designated as a fire watch shall be equipped with means to contact the local fire department, and the person's only duty while keeping watch for fires shall be to perform constant patrols of the protected premises.  The municipality shall provide the fire watch with printed instructions from the office of the state fire marshal and may provide a free training session before the person's deployment as the fire watch begins.

D. Subsection A of this section may be enforced in a private civil action and relief, including an injunction, may be awarded against a municipality.  The court shall award reasonable attorney fees, damages, lost opportunity costs, interest and the cost of the sprinkler system to a party that prevails in an action against a municipality for a violation of subsection A of this section.

E. The legislature finds and determines that property rights are a matter of statewide concern and a fundamental element of freedom. A property owner's right to use the property owner's property must be protected from unreasonable abridgment by municipal regulation and enforcement.  This section supersedes and preempts any regulation adopted by a municipality regarding an approved fire apparatus access road, fire apparatus access road extension, approved route or route extension.

F. For the purposes of this section:

1. "Fire code" includes the international fire code, however denominated.

2. "Fire watch" means a person who is stationed in a building or in a place relative to a building to observe the building and its openings when the fire protection system for the building is temporarily nonoperational or absent.

3. "Utility or miscellaneous accessory building or structure" includes an agricultural building, aircraft hangar, accessory to a residence, barn, carport, fence that is more than six feet high, grain silo, greenhouse, livestock shelter, private garage, retaining wall, shed, stable, tank or tower.
A.R.S. § 9-970 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 970
9-970 Effect of military service
Status: in_force

9-970. Effect of military service

A member of a fire department or district who has served as a member of the military establishment of the United States during a period of national emergency, immediately following service as a member of the fire department or district, shall not be required to contribute to the fire fighters' relief and pension fund by salary deduction or otherwise for the period during which the member was in military service. The period of military service shall be included in computing the length of service of the firemen in determining eligibility for retirement.
A.R.S. § 9-540 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 540
9-540 Validation of prior acts and proceedings; criterion for compliance
Status: in_force

9-540. Validation of prior acts and proceedings; criterion for compliance

All acts and proceedings taken prior to March 13, 1947 by a municipality under this article, or under color of this article, for the authorization, issuance or sale of revenue bonds for any purpose stated therein, are confirmed, validated and declared legally effective, including all acts and proceedings of the governing body of such municipality and of any person, public officer, board or agency done or taken prior to March 13, 1947 upon the question of the authorization, issuance or sale of such bonds. All bonds authorized to be issued under this article whenever delivered in substantially the form contemplated in such authorization, shall be in the form and manner in which delivered valid, legal and binding obligations of the municipality, payable in accordance with the resolution pertaining to their issuance and secured by the revenues therein pledged and allocated to their payment, and by the covenants and agreements set forth in the resolution authorizing their issuance.
A.R.S. § 9-1431 — Arizona Code / Title 9 / Chapter 13 / Article 3 / Section 1431
9-1431 Video service; revocation for nonuse
Status: in_force

9-1431. Video service; revocation for nonuse

A. Not later than twenty-four months after the date that a local government issues a uniform video service license pursuant to sections 9-1414 and 9-1415 or an amended uniform video service license pursuant to section 9-1416, the holder of the uniform video service license shall offer and provide video service to at least one subscriber within each service area authorized by the uniform video service license or amended uniform video service license unless the holder cannot meet the requirement for reasons beyond the holder's control.

B. If a holder fails to comply with subsection A of this section, a local government may revoke the holder's uniform video service license for affected service areas.
A.R.S. § 9-500.29 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.29
9-500.29 Federal and state regulations; local coordination; standing; definitions
Status: in_force

9-500.29. Federal and state regulations; local coordination; standing; definitions

A. If a city or town has laws, regulations, plans or policies that are less restrictive than a federal or state regulation, rule, plan or policy, the city or town shall demand by any lawful means that the federal or state government coordinate with the city or town before the federal or state government implements, enforces, expands or extends the federal or state regulation, rule, plan or policy within the city's or town's jurisdictional boundaries. This subsection is mandatory unless the city or town specifically votes to not demand coordination.

B. If the federal or state government fails to coordinate in good faith with the city or town, the city or town shall hold public hearings, consider the evidence and vote on whether to authorize litigation to enforce the city's or town's coordination rights.

C. If a person who resides or does business in this state serves each member of the city's or town's governing body with a written demand that the city or town comply with this section and, within sixty days after service of the written demand, the city or town governing body fails to comply with this section in a manner that causes injury to the person, the person may submit a written demand for a response.  The written demand must specify the city or town law, regulation, plan or policy with which the federal or state government failed to coordinate.  Within thirty days after receiving the written demand for a response, the city or town shall hold a public hearing to present information on the decision not to demand coordination.

D. For the purposes of this section:

1. "Coordinate" means the action necessary to achieve coordination.

2. "Coordination" means the process by which the federal or state government seeks in good faith to reach consistency between a federal or state regulation, rule, plan or policy and a city or town law, regulation, plan or policy that is less restrictive than the federal or state regulation, rule, plan or policy.

3. "Less restrictive" means a city or town law, regulation, plan or policy imposes or would impose less of a burden on the exercise of rights, privileges or immunities enjoyed by individuals, organizations and businesses within the city's or town's jurisdictional boundaries.
A.R.S. § 9-500.51 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.51
9-500.51 Youth businesses; license; permit; exemption
Status: in_force

9-500.51. Youth businesses; license; permit; exemption

Notwithstanding any other law, a municipality may not require any type of license or permit for a business that is both of the following:

1. Operated by a person who is under nineteen years of age.

2. Operated only occasionally.
A.R.S. § 9-1419 — Arizona Code / Title 9 / Chapter 13 / Article 2 / Section 1419
9-1419 Transfer of uniform video service license
Status: in_force

9-1419. Transfer of uniform video service license

A. Except as otherwise provided in this section or otherwise required by federal law, including rules and regulations of the federal communications commission, a uniform video service license is fully transferable to any person whether the transfer arises through merger, sale, assignment, restructuring, change of control or other type of transaction.  A transfer does not include an assignment of a uniform video service license for the purpose of securing indebtedness.  A transfer may include less than all service areas associated with a uniform video service license.

B. The holder shall file with the clerk of the local government written notice of the transfer of the uniform video service license. On the filing of notice under this subsection the transferee becomes the holder.
A.R.S. § 9-521 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 521
9-521 Definitions
Status: in_force

9-521. Definitions

In this article, unless the context otherwise requires:

1. "Bond" means any bond issued pursuant to this article, including any tax secured bond.

2. "Governing body" means the board, commission or other body having charge of the financial affairs of a municipality.

3. "Municipality" means any incorporated city or town.

4. "Tax secured bond" means any bond authorized and issued pursuant to both this article and title 35, chapter 3, article 3.

5. "Utility undertaking" means any one or combination of the following:

(a) Electric light or power, water, storm water, sewer, gas, common carrier of passengers, garbage, or rubbish plant or system, including but not limited to disposal, treatment or reduction plants, buildings, incinerators, dams and reservoirs.

(b) Airport buildings or other airport facilities or buildings or structures to provide off-street parking of motor vehicles, together with all parts thereof and appurtenances thereto.
A.R.S. § 9-496 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 496
9-496 Expenditures in federal areas
Status: in_force

9-496. Expenditures in federal areas

A. A city or town may expend public money in any area federally owned or controlled if it is determined by the governing body of the city or town that such expenditure is necessary for the health or safety of such city or town.

B. Before entering upon any expenditure in the area as provided in subsection A, a written agreement permitting the city or town to make the improvements or construct the works deemed necessary for the health or safety of the city or town shall be obtained by the city or town from the federal agency having legal control or ownership of the property upon which the improvement or works is to be made.

C. This section shall not be deemed to repeal or amend any existing law, the provisions of section 1-245 notwithstanding, nor shall this section or the application thereof be deemed to amend or repeal the general powers conferred by law upon cities and towns, but shall be in addition thereto.
A.R.S. § 9-812 — Arizona Code / Title 9 / Chapter 7 / Article 2 / Section 812
9-812 Publication of notices and ordinances
Status: in_force

9-812. Publication of notices and ordinances

A. Notices of election, invitations for bids, notices of letting contracts, laws and ordinances, and other notices of a public character issued by authority of the governing body of any city or town, shall be published in one of the following:

1. A newspaper that is printed and published within the city or town.

2. A newspaper printed and published within the county in which the city or town is located with a greater circulation to residents of the city or town.

B. In cases of laws or ordinances enacted on behalf of a private person, he shall pay the expense of publication, and may designate the newspaper.

C. Subsection A of this section shall further apply to notices and resolutions that require newspaper publication under title 48, chapter 4 unless otherwise stated in title 48.
A.R.S. § 9-500.47 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.47
9-500.47 Firefighter; peace officer; residency requirement; prohibition; exemption; definitions
Status: in_force

9-500.47. Firefighter; peace officer; residency requirement; prohibition; exemption; definitions

A. A city or town shall not impose any residency requirement on any firefighter or peace officer as a condition of employment.

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

1. Executive-level firefighters and executive-level peace officers.

2. Peace officers employed by a city or town with a population of five thousand persons or less.

C. For the purposes of this section:

1. "Firefighter" means a professional firefighter who is a member of a city, town, county or fire district fire department.

2. "Peace officer" means a marshal, police officer and any other city or town officer vested by law with a duty to maintain public order and make arrests.
A.R.S. § 9-462.14 — Arizona Code / Title 9 / Chapter 4 / Article 6.1 / Section 462.14
9-462.14 Sober living homes; distance and operation requirements; deviation procedure; prohibition; definition
Status: in_force

9-462.14. Sober living homes; distance and operation requirements; deviation procedure; prohibition; definition

A. If a municipality has a zoning ordinance that restricts the distance between sober living homes or that enacts building or fire code requirements for the operation of sober living homes, the municipality shall establish a procedure by which a deviation from the requirement may be granted as a reasonable accommodation under the fair housing act (P.L. 90-284; 82 Stat. 81; 42 United States Code section 3604).

B. A municipality may not reclassify a single-family home under a local building or fire code solely because the single-family home is the subject of a license application for a sober living home.

C. For the purposes of this section, "sober living home" has the same meaning prescribed in section 36-2061.
A.R.S. § 9-499.10 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.10
9-499.10 Infill incentive districts
Status: in_force

9-499.10. Infill incentive districts

A. The governing body of a city or town may designate an infill incentive district in an area in the city or town that meets at least three of the following requirements:

1. There is a large number of vacant older or dilapidated buildings or structures.

2. There is a large number of vacant or underused parcels of property, obsolete or inappropriate lot or parcel sizes or environmentally contaminated sites.

3. There is a large number of buildings or other places where nuisances exist or occur.

4. There is an absence of development and investment activity compared to other areas in the city or town.

5. There is a high occurrence of crime.

6. There is a continuing decline in population.

B. If the governing body establishes an infill incentive district, it shall adopt an infill incentive plan to encourage redevelopment in the district.  The plan may include:

1. Expedited zoning or rezoning procedures.

2. Expedited processing of plans and proposals.

3. Waivers of municipal fees for development activities as long as the waivers are not funded by other development fees.

4. Relief from development standards.
A.R.S. § 9-1105 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1105
9-1105 Financial statement of trustee; disposition of funds
Status: in_force

9-1105. Financial statement of trustee; disposition of funds

A. Within sixty days after the first publication provided for by this article, the trustee shall make a full and true statement in writing of all monies expended by the trustee, and the trustee's reasonable charges for time and services in the administration of the trust to that time that shall be and remain a first charge on the lands in favor of the trustee.

B. The money collected shall be applied first to reimburse the parties who advanced the money to enter the townsite with interest at ten percent a year, and then to the discharge of other outstanding claims incurred in entering the townsite or executing the trust.  Any surplus shall be paid to the governing body of the city or town, if incorporated, for making public improvements, or, if unincorporated, for making such public improvements as may be directed by a meeting of the citizens of the town to be held after thirty days notice by the trustee.
A.R.S. § 9-500.41 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.41
9-500.41 911 telephone calls; medical assistance requests; Good Samaritans
Status: in_force

9-500.41. 911 telephone calls; medical assistance requests; Good Samaritans

A city or town that receives 911 telephone calls shall report to the department of health services, in a format prescribed by the department, the number of telephone calls received under section 13-3423 and any related overdose deaths.
A.R.S. § 9-604 — Arizona Code / Title 9 / Chapter 6 / Article 1 / Section 604
9-604 Eligible cities
Status: in_force

9-604. Eligible cities

To be eligible to receive distributions from the Arizona convention center development fund a municipality must:

1. Be a charter city.

2. Have a population of more than:

(a) One million persons according to the most recent United States decennial census at the time of the distribution.

(b) Five hundred fifty thousand persons according to the most recent United States decennial census, or a special census conducted pursuant to section 42-5033, at the time of the initial distribution.

3. Operate a convention center facility with at least two hundred thousand square feet of exhibition space that was constructed with monies from municipal sources.
A.R.S. § 9-933 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 933
9-933 Effect of military service
Status: in_force

9-933. Effect of military service

A member of a police department who served in the military establishment of the United States during a period of national emergency immediately following service as a member of the police department, shall not be required to contribute to the police pension fund by salary deduction or otherwise for the period covered by his military service, but in computing the length of service of a member of a police department for the purpose of determining eligibility for retirement, the period of military service, as prescribed by this section, shall be included.
A.R.S. § 9-275 — Arizona Code / Title 9 / Chapter 2 / Article 4 / Section 275
9-275 Applicability of certain provisions to specified cities
Status: in_force

9-275. Applicability of certain provisions to specified cities

A. The provisions of sections 9-271 to 9-274, inclusive, shall not apply to a city operating under a special act or special charter or which has been organized prior to June 12, 1929 and is operating under the provisions of article 1, chapter 2 of this title, or any other state law or statute enacted prior to June 12, 1929, but the officers of such city, their manner of election or appointment, their term of office, duties, salaries, bonds and the filling of vacancies shall remain as provided by the special acts, charter, laws or statutes enacted prior to June 12, 1929.

B. A city or town operating under any act, special charter, law or statute of the state enacted prior to June 12, 1929, may by majority vote of its council avail itself of the benefits, privileges and provisions of this article to take effect at the holding of the next regular election in the municipality.

C. Pending the holding of the first regular election after such decision and action, the officers of the municipality and their tenure of office shall continue as theretofore, and as though such change of municipal government had not been made.
A.R.S. § 9-554 — Arizona Code / Title 9 / Chapter 5 / Article 4 / Section 554
9-554 License required before construction
Status: in_force

9-554. License required before construction

A. A new industrial gas pipeline shall not be constructed within any incorporated city or town or within the unincorporated area of a county before a license is issued as provided in this article.

B. A licensing authority may terminate a license according to its terms and conditions if a license holder is in default under the license.
A.R.S. § 9-1101 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1101
9-1101 Entry at federal land office of land for townsites
Status: in_force

9-1101. Entry at federal land office of land for townsites

When the governing body of an incorporated city or town, or the board of supervisors of the county in which an unincorporated town is located, hereinafter designated trustee, has entered at the proper land office the land or any part of the land, settled and occupied as the site of the city or town, pursuant to the act of Congress, the governing body or the board of supervisors shall dispose of and convey the title to the lands, or parcels of the land to the persons specified in this article. If three or more of the inhabitants of the town make written request that the entry be made and furnish the money necessary therefor, the entry shall be made.
A.R.S. § 9-461.01 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.01
9-461.01 Planning agency; powers and duties
Status: in_force

9-461.01. Planning agency; powers and duties

A. The legislative body of a municipality may by ordinance establish a planning agency.

B. The planning agency shall:

1. Develop and maintain a general plan.

2. Develop such specific plans as may be necessary to implement the general plan.

3. Periodically review the capital improvement program of the municipality.

4. Perform such other planning functions as the legislative body may provide.

C. Each planning agency has the powers necessary to enable it to fulfill its planning functions as provided in this article. It may:

1. Contract for, receive and utilize any grants or other financial assistance made available by a municipality, a county, the state or the federal government.

2. Contract with the state or federal government and any of its agencies, or the legislative body of any municipality or county.
A.R.S. § 9-413 — Arizona Code / Title 9 / Chapter 4 / Article 2 / Section 413
9-413 Library fund
Status: in_force

9-413. Library fund

All money received for library purposes, whether by taxation or otherwise, shall belong to and be designated as the library fund, shall be paid into the city or town treasury, kept separate and apart from other funds, and shall be drawn therefrom as provided in this article, but only for purposes therein authorized.
A.R.S. § 9-551 — Arizona Code / Title 9 / Chapter 5 / Article 4 / Section 551
9-551 Definitions
Status: in_force

9-551. Definitions

In this article, unless the context otherwise requires:

1. "Industrial gas pipeline" means any pipeline or system of pipelines and all necessary appurtenances to the pipeline or system used to transport inert, nontoxic, nonflammable gas for industrial purposes to industrial users who pay for the service but does not include any pipeline or system of pipelines that transports gas for power, light or fuel.

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

3. "License" means that ordinance or resolution which contains the right, authority or grant given by a licensing authority enabling the license holder to construct, operate and maintain an industrial gas pipeline.

4. "Licensing authority" means the board of supervisors of a county or the governing body of an incorporated city or town.
A.R.S. § 9-101.01 — Arizona Code / Title 9 / Chapter 1 / Article 1 / Section 101.01
9-101.01 Incorporation; urbanized area
Status: in_force

9-101.01. Incorporation; urbanized area

A. Notwithstanding any other law, all territory within six miles of an incorporated city or town, as the same now exists or may hereafter be established, having a population of five thousand or more persons, and all territory within three miles of any incorporated city or town, as the same now exists or may hereafter be established, having a population of less than five thousand persons is declared to be an urbanized area.

B. Except as provided in subsection D of this section, territory within an urbanized area shall not hereafter be incorporated as a city or town, and the board of supervisors does not have jurisdiction to take any action on a petition pursuant to section 9-101 to incorporate a city or town within such area, unless either:

1. The petitioners for incorporation submit to the board of supervisors, before the petitioners obtain signatures, a resolution adopted by the city or town causing the urbanized area to exist approving the proposed incorporation.

2. The petitioners for incorporation submit to the board of supervisors, before the petitioners obtain signatures, an affidavit stating that a proper and legal petition has been presented to the city or town causing the urbanized area to exist requesting annexation of the area proposed for incorporation and the petition has not been approved by a valid ordinance of annexation within one hundred twenty days after its presentation.

C. If a resolution or affidavit is submitted to the board of supervisors pursuant to subsection B of this section, the board shall take action on the petition pursuant to section 9-101 to incorporate the proposed area.

D. If the area proposed for incorporation has a population of fifteen thousand or more persons and that population is more than the population of the city or town that causes the urbanized area to exist and that opposes the proposed incorporation, the board of supervisors shall take action on the petition pursuant to section 9-101 to incorporate the proposed area without a resolution approving the proposed incorporation and adopted by the city or town causing the urbanized area to exist.

E. Notwithstanding any other provisions of this section, a portion of the territory of any city or town incorporated before June 20, 1968 shall not be declared to be an urbanized area. If any such city or town is declared to have been unlawfully incorporated by the final judgment of a court of competent jurisdiction after June 20, 1968, all or any portion of the territory of the city or town may be incorporated without regard to this section if petitions praying for the incorporation thereof or petitions praying for the calling of an election for such purpose are filed with the board of supervisors within one year after the date on which the judgment becomes final.

F. If, during the period of declarant control, a planned community association as defined in section 33-1802 notifies the board of its request to be excluded from the petition to incorporate, the board shall exclude from the community proposed to be incorporated the area or portion of the area covered by the planned community association after the petition has been submitted pursuant to section 9-101, subsection C, paragraph 3.  The petitioners are not required to resubmit a petition if the remaining area proposed for incorporation meets the population qualifications for incorporation pursuant to this section and section 9-101. If the remaining area proposed for incorporation fails to meet the population qualifications for incorporation pursuant to this section or section 9-101, the board shall reject the petition.
A.R.S. § 9-248 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 248
9-248 Warrants, substitute checks and vouchers; payee; form
Status: in_force

9-248. Warrants, substitute checks and vouchers; payee; form

No warrant, substitute check or voucher drawn on the treasurer of any town shall be drawn in favor of a person other than the one to whom it is due. The warrant, substitute check or voucher shall be in the form prescribed by ordinance.
A.R.S. § 9-500.19 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.19
9-500.19 Vehicle refueling apparatus
Status: in_force

9-500.19. Vehicle refueling apparatus

Notwithstanding any other law and because the legislature finds it is a matter of statewide concern, a city or town shall not effectively prohibit the installation or use of a vehicle refueling apparatus as defined in section 43-1086.01.  This section does not preclude a city or town from ensuring the proper installation of a vehicle refueling apparatus to protect public health and safety.
A.R.S. § 9-806 — Arizona Code / Title 9 / Chapter 7 / Article 1 / Section 806
9-806 Wildland-urban interface code
Status: in_force

9-806. Wildland-urban interface code

A. A city or town may adopt a current wildland-urban interface code. The code may be adapted from a model code adopted by a national or international organization or association for mitigating the hazard to life and property.

B. A city or town must follow written public procedures in the development and adoption of the code and any revisions to the code to provide effective, early and continuous public participation through:

1. The broad dissemination and publicity of the proposed code and any revisions to the code.

2. The opportunity for submission and consideration of written public comments.

3. Open discussions, communications programs and information services.

4. Consultation with federal agencies and state and local officials.
A.R.S. § 9-462.08 — Arizona Code / Title 9 / Chapter 4 / Article 6.1 / Section 462.08
9-462.08 Hearing officer
Status: in_force

9-462.08. Hearing officer

A. The legislative body of any municipality may establish the position of hearing officer and delegate to a hearing officer the authority to conduct hearings required by section 9-462.04 and on other matters as the legislative body may provide by ordinance.

B. Hearing officers shall be appointed on the basis of training and experience which qualifies them to conduct hearings and make findings and conclusions on the matters heard.
A.R.S. § 9-462 — Arizona Code / Title 9 / Chapter 4 / Article 6.1 / Section 462
9-462 Definitions; general provisions concerning evidence
Status: in_force

9-462. Definitions; general provisions concerning evidence

A. In this article, unless the context otherwise requires:

1. "Board of adjustment" means the official body designated by local ordinance to hear and decide applications for variances from the terms of the zoning ordinance and appeals from the decision of the zoning administrator.

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

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

4. "Zoning administrator" means the official responsible for enforcement of the zoning ordinance.

5. "Zoning ordinance" means a municipal ordinance regulating the use of the land or structures, or both, as provided in this article.

B. Formal rules of evidence or procedure which must be followed in court shall not be applied in zoning matters, except to the extent that a municipality may provide therefor.
A.R.S. § 9-462.12 — Arizona Code / Title 9 / Chapter 4 / Article 6.1 / Section 462.12
9-462.12 Backyard fowl regulation; prohibition; exceptions; state preemption; definition
Status: in_force

9-462.12. Backyard fowl regulation; prohibition; exceptions; state preemption; definition

A. A municipality may not adopt any law, ordinance or other regulation that prohibits a resident of a single-family detached residence on a lot that is one-half acre or less in size from keeping up to six fowl in the backyard of the property.  A municipality may:

1. Prohibit a resident from keeping male fowl, including roosters.

2. Require fowl to be kept in an enclosure located in the rear or side yard of the property at least twenty feet from a neighboring property and restrict the size of the enclosure to a maximum of two hundred square feet with a maximum height of eight feet.

3. Require the enclosure to be maintained and manure picked up and disposed of or composted at least twice weekly.

4. Require that composted manure be kept in a way that prevents migration of insects.

5. Require water sources with adequate overflow drainage.

6. Require that feed be stored in insect-proof and rodent-proof containers.

7. Prohibit fowl from running at large.

B. Notwithstanding subsection A of this section, a municipality shall enact an ordinance that requires an enclosure located in a residential community on a lot less than one acre in size to be shorter than the fence line of the property.

C. An ordinance that is enacted after September 14, 2024 does not apply to an enclosure that was constructed on or before September 14, 2024.

D. The property rights of property owners in this state outlined in this section are of statewide concern. This section preempts all local laws, ordinances and charter provisions to the contrary.

E. For the purposes of this section, "fowl" means a cock or hen of

the domestic chicken.
A.R.S. § 9-822 — Arizona Code / Title 9 / Chapter 7 / Article 3 / Section 822
9-822 Qualifications of voters
Status: in_force

9-822. Qualifications of voters

A. Except as provided in subsection B of this section, a person is not entitled to vote at an election in a city or town if the person has not been a qualified elector as defined in section 16-121 in the city or town for at least twenty-nine days preceding the election.

B. Any person who has resided for at least twenty-nine days preceding an election in an area annexed at least twenty-nine days before such election by a city or town is entitled to vote at any such city or town election, if the person is a qualified elector as defined in section 16-121 on the twenty-ninth day before the election.
A.R.S. § 9-441.02 — Arizona Code / Title 9 / Chapter 4 / Article 4 / Section 441.02
9-441.02 Powers of municipalities
Status: in_force

9-441.02. Powers of municipalities

A. A municipality has the authority to carry out the provisions of this article, including the following:

1. Enter into contracts or leases with developers of housing development projects containing covenants, restrictions and conditions regarding the use of the property for residential purposes.

2. Finance or refinance, by loan, grant, lease or otherwise contract with private developers to, construct, purchase, acquire, own, modify, maintain, improve, sell, operate, develop or manage housing development projects, and pay the costs of any housing development project from the proceeds of bonds or other obligations of the municipality or any other monies of the municipality, or from any contributions or loans by persons, corporations, partnerships or other entities, all of which the municipality is authorized to receive, accept and use.

3. Encourage and promote the improvement and revitalization of a housing development area and make, contract for or otherwise cause to be made long-range proposals for the housing development area.

4. Enter into contracts necessary to effectuate the purposes of this article.

5. Do all things necessary or convenient to carry out the powers conferred by this article, except acquire real property by eminent domain for the purpose of this article unless a property owner voluntarily offers the property owner's real property for sale.

B. This section does not affect the authority of local governing bodies to acquire property by eminent domain in slum or blighted areas established under title 36.
A.R.S. § 9-461.16 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.16
9-461.16 Residential housing; requirements; fees; prohibition
Status: in_force

9-461.16. Residential housing; requirements; fees; prohibition

A. Except as provided in subsection B of this section, a city or town shall not adopt a land use regulation or general or specific plan provision, or impose as a condition for approving a building or use permit, a requirement or fee that has the effect of establishing the sales or lease price for a residential housing unit or residential dwelling lot or parcel or that requires a residential housing unit or residential dwelling lot or parcel to be designated for sale or lease to any particular class or group of residents.

B. This section does not limit the authority of a city or town to adopt or enforce a land use regulation, general or specific plan provision or condition of approval creating or implementing an incentive, density bonus or other voluntary provision or condition designed to increase the supply of moderate or lower cost housing.
A.R.S. § 9-137 — Arizona Code / Title 9 / Chapter 1 / Article 3 / Section 137
9-137 Powers and duties
Status: in_force

9-137. Powers and duties

Cities and towns incorporated pursuant to the provisions of this article shall have all the powers, duties, rights and privileges granted to incorporated cities and towns under the laws and constitution of this state.
A.R.S. § 9-1108 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1108
9-1108 Proof of nonconflicting claims; execution of deed
Status: in_force

9-1108. Proof of nonconflicting claims; execution of deed

After the expiration of the period for filing statements, the trustees shall hear the proofs on nonconflicting claims, as near as possible in the order in which filed, of such claimants as appear and offer to make proof. If the proof complies with the legal requirements, the trustee shall make and enter a decision to that effect, and execute a good and sufficient deed to the lots to the claimant upon payment of a fee of five dollars.
A.R.S. § 9-103 — Arizona Code / Title 9 / Chapter 1 / Article 1 / Section 103
9-103 Reincorporation of existing municipalities; effect of change
Status: repealed

9-103. Reincorporation of existing municipalities; effect of change

A. A city or town heretofore incorporated desiring to be reincorporated may, upon petition of a majority of its qualified electors to the board of supervisors of the county in which the city or town is situated, by order of the board of county supervisors, be disincorporated and reincorporated by whatever corporate name the petition may designate. In such case, the officers of the city or town, at the date of the disincorporation, shall deliver to the officers of the city or town so incorporated all books, papers, records, money and other property pertaining to the city or town disincorporated, and the city or town incorporated shall be liable for all debts and liabilities of the city or town disincorporated, and shall be entitled to receive all property and rights of action belonging to the disincorporated city or town.

B. The reincorporation of a city or town shall not affect or change title to any property or rights therein, or any tax levy that may have been made, or outstanding certificates of taxes, and the new corporation may issue necessary title papers under tax sales, or other sales, the same as a city or town can do under existing laws.

C. The ordinances and resolutions existing in the city or town at the time the petition is filed shall continue and be in force for sixty days thereafter, unless repealed or changed by the proper authorities of the city or town reincorporated.
A.R.S. § 9-417 — Arizona Code / Title 9 / Chapter 4 / Article 2 / Section 417
9-417 Audit and payment of claims
Status: in_force

9-417. Audit and payment of claims

The warrant of the trustees, when made and authenticated as provided in section 9-416, shall be verified and audited by the auditing officer, and paid by the treasurer of the city or town from the library fund.
A.R.S. § 9-843 — Arizona Code / Title 9 / Chapter 7 / Article 4 / Section 843
9-843 Licensing; permitting; free speech or assembly; land use; density; time frames; criteria; clarity
Status: in_force

9-843. Licensing; permitting; free speech or assembly; land use; density; time frames; criteria; clarity

A. Notwithstanding any other law, if a municipality requires a license or permit for any free speech or assembly activity or any activity that changes the use, appearance or density of a structure or land, the municipality shall specify in clear and unambiguous language the criteria for granting the license or permit, unless criteria are established by existing state or federal law.

B. A municipality shall approve or deny application submittals for the activities prescribed in subsection A of this section within sixty days after a submittal is deemed administratively complete pursuant to section 9-835 unless another time frame is specified by a municipal ordinance or state or federal law. If the municipality does not take action on a submittal within the applicable time frame, the submittal is deemed approved, unless the submittal is incomplete, the municipality provides notice pursuant to sections 9-495 and 9-835 and the applicant fails to complete the submittal.

C. In a court proceeding involving a denial of a license or permit for any of the activities prescribed in subsection A of this section, the court, without deference to a previous determination made by the municipality, shall determine whether the approval criteria language is clear and unambiguous.
A.R.S. § 9-921 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 921
9-921 Powers and duties of the board; audit
Status: in_force

9-921. Powers and duties of the board; audit

A. The police pension board shall have exclusive control and management of the police pension fund, subject to this article. It shall make rules, not inconsistent with this article, for its government, the conduct of its proceedings and the management of the fund, and shall do all things necessary to carry out this article. It may compel witnesses to attend hearings, or produce records and papers, and testify with respect to applications for pensions, or on any matter connected with the fund, and any member of the board may administer oaths to such witnesses.

B. The board may invest or reinvest, in the name of the board, that portion of the fund which in its judgment is available for investment in such interest-bearing securities as follows:

1. Bonds of the United States.

2. Federal housing insured mortgage bonds of the United States.

3. Bonds, debentures or other obligations issued by the federal land banks, the federal intermediate credit banks or the banks for cooperatives.

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

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

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

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

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

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

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

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

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

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

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

C. The board shall cause an annual audit and report of the fund to be made by a certified public accountant, and shall also cause actuarial studies of the fund to be made periodically, but not less than once in each three years, by a qualified actuary who is a member of the society of actuaries. The actuary shall make specific recommendations as to the contributions to be made to the fund in accordance with section 9-923, subsection A, paragraph 10 in order to maintain the fund on an actuarially sound basis.
A.R.S. § 9-500.32 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.32
9-500.32 License fees for dogs; prohibition; violation; classification
Status: in_force

9-500.32. License fees for dogs; prohibition; violation; classification

A. A city or town may not charge an individual who has a disability and who uses a service animal as defined in section 11-1024, a person that trains a service animal as defined in section 11-1024 or an individual who uses a search and rescue dog a license fee for that dog.

B. An applicant for a license for a search and rescue dog shall provide adequate proof satisfactory to the enforcement agent that the dog is a search and rescue dog.

C. An applicant for a license for a service animal shall sign a written statement that the dog is a service animal as defined in section 11-1024.  A person who makes a false statement pursuant to this subsection is guilty of a petty offense and is subject to a fine that does not exceed fifty dollars.  The statement to be signed shall be substantially in the following form:

By signing this document, I declare that the dog to be licensed is a service animal as defined in section 11-1024, Arizona Revised Statutes, and I understand that a person who makes a false statement pursuant to section 9-500.32, Arizona Revised Statutes, is guilty of a petty offense and is subject to a fine that does not exceed fifty dollars.
A.R.S. § 9-499.13 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.13
9-499.13 Sign walkers; regulation; exception; definition
Status: in_force

9-499.13. Sign walkers; regulation; exception; definition

A. From and after December 31, 2008, notwithstanding the authority to regulate signs pursuant to section 9-462.01, and as a matter of statewide concern, all municipalities shall allow the posting, display and use of sign walkers. Except as provided by subsection B of this section, municipalities may adopt reasonable time, place and manner regulations relating to sign walkers.

B. A municipality that adopts reasonable time, place and manner regulations relating to sign walkers may not restrict a sign walker from using a public sidewalk, walkway or pedestrian thoroughfare.

C. This section may be enforced in a private civil action and relief, including an injunction, may be awarded against a municipality.  The court shall award reasonable attorney fees to a party that prevails in an action against a municipality for a violation of this section.

D. For the purposes of this section, "sign walker" means a person who wears, holds or balances a sign.
A.R.S. § 9-531 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 531
9-531 Provisions of resolution for bond issue; covenants
Status: in_force

9-531. Provisions of resolution for bond issue; covenants

A. A resolution pertaining to issuance of bonds under this article may contain covenants as to:

1. The purpose to which the proceeds of sale of the bonds may be applied and to the use and disposition thereof.

2. The use and disposition of the revenue of the utility undertaking for which the bonds are to be issued.

3. The issuance of other or additional bonds, payable from the revenue of the utility undertaking.

4. The operation and maintenance of the utility undertaking.

5. The insurance to be carried thereon and the use and disposition of insurance monies.

6. Books of account and the inspection and audit thereof.

7. The terms and conditions upon which the holders of the bonds, or any proportion of them or a trustee therefor, shall be entitled to the appointment of a receiver, who may enter and take possession of the utility undertaking, operate and maintain it, prescribe charges and collect, receive and apply all revenue thereafter arising therefrom in the same manner as the municipality itself might do.

B. The provisions of this article and any such resolution shall be deemed a contract with the holders of the bonds, and the duties of the municipality and its governing body and officers under this article and such resolution shall be enforceable by mandamus or other appropriate action in a court of competent jurisdiction.
A.R.S. § 9-920 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 920
9-920 Meetings of pension board
Status: in_force

9-920. Meetings of pension board

The board shall hold regular monthly meetings on a date fixed by its rules, and such other meetings, after due notice to each member, as the board deems necessary. A majority of the members shall constitute a quorum, but no retirement shall be ordered, application for pension approved, warrant authorized or money paid out of the fund except upon the affirmative votes of a majority of the members taken by roll call, and entered in the official record of proceedings of the meeting at which such action is taken. All meetings shall be public.
A.R.S. § 9-1420 — Arizona Code / Title 9 / Chapter 13 / Article 2 / Section 1420
9-1420 Extension
Status: in_force

9-1420. Extension

A. To extend the term of a uniform video service license, the holder of the uniform video service license shall file with the clerk of the local government at least one month before the end of the term of the uniform video service license a notice to extend the term for a specified period not to exceed ten years.

B. Effective on the date the holder files the written notice with the clerk of the local government, the term is extended for the specified period from and after the date of the end of the then-current term.

C. Transferring, amending or modifying a uniform video service license under other sections of this article does not extend the term of the uniform video service license.
A.R.S. § 9-204 — Arizona Code / Title 9 / Chapter 2 / Article 1 / Section 204
9-204 Officers in cities and towns of six hundred to eight hundred fifty voters; terms of office; elections; removal
Status: in_force

9-204. Officers in cities and towns of six hundred to eight hundred fifty voters; terms of office; elections; removal

A. In all cities or towns not organized under article 3 or 4 of this chapter, in which at the next preceding municipal election not more than eight hundred fifty nor less than six hundred votes were cast, the only officers shall be a mayor, four councilmen, a chief of police, a recorder who is also ex officio city auditor and police judge, and a treasurer.

B. The term of office of each officer, except councilmen, is two years. Each councilman shall hold office for a term of four years. The recorder shall be elected as other city or town officers.

C. Elections shall be held on the third Tuesday in May of each odd-numbered year at which all officers whose terms have then expired shall be elected.

D. The mayor and common council may remove an officer for malfeasance in office.
A.R.S. § 9-281 — Arizona Code / Title 9 / Chapter 2 / Article 5 / Section 281
9-281 Adoption procedure; board of freeholders; election
Status: in_force

9-281. Adoption procedure; board of freeholders; election

A. A city containing a population of more than three thousand five hundred inhabitants may frame a charter for its own government consistent with the constitution and the laws of the state, by causing a board of freeholders, composed of fourteen qualified electors of the city, to be elected at large by the qualified electors thereof, at a general or special election.

B. An election of the board of freeholders may be called at any time by the legislative authority of the city. The election shall be called by the chief executive officer of the city within ten days after there has been filed with him a petition demanding the election, signed by a number of qualified electors residing within the city equal to twenty-five per cent of the total number of votes cast at the next preceding general municipal election.

C. The election shall be held not later than thirty days after the call therefor. At the election a vote shall be taken upon the question whether further proceedings toward adopting a charter shall be had in pursuance to the call, and unless a majority of the qualified electors voting thereon shall vote to proceed further, no further proceedings shall be had.
A.R.S. § 9-601 — Arizona Code / Title 9 / Chapter 6 / Article 1 / Section 601
9-601 Arizona convention center development fund; purpose
Status: in_force

9-601. Arizona convention center development fund; purpose

The Arizona convention center development fund is established to encourage and enable eligible cities under section 9-604 to develop and expand municipally operated major convention center facilities designed to serve large conventions and trade shows attended primarily by residents of other states and to encourage the tourism and visitor industries in this state.
A.R.S. § 9-500.36 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.36
9-500.36 Prohibition on requirement of energy measuring and reporting; state preemption
Status: in_force

9-500.36. Prohibition on requirement of energy measuring and reporting; state preemption

A. A city or town may not require an owner, operator or tenant of a business, commercial building or multifamily housing property to measure and report energy usage and consumption, including energy consumption benchmarking and building facility energy efficiency audits.

B. The regulation of an owner, operator or tenant of a business, commercial building or multifamily housing property relating to measuring and reporting energy usage and consumption is a matter of statewide concern. The regulation of measuring and reporting energy usage and consumption by an owner, operator or tenant of a business, commercial building or multifamily housing property pursuant to this section are not subject to further regulation by a city or town.

C. This section does not prohibit a city or town that operates an electric or gas utility from metering or otherwise measuring and reading energy deliveries, usage and consumption in the course of providing public utility service to businesses, commercial buildings and multifamily housing properties.
A.R.S. § 9-418 — Arizona Code / Title 9 / Chapter 4 / Article 2 / Section 418
9-418 Annual reports by trustees
Status: in_force

9-418. Annual reports by trustees

A. The trustees, on or before the first Monday of July of each year, shall make a report to the governing body of the city or town containing:

1. A full statement of all property and money received, where derived and how used and expended.

2. The number of books, journals and other publications on hand, the number added by gift, purchase or otherwise during the year, the number lost or missing and the number and kind of those loaned.

3. Such other statistics, information and suggestions as may be of general interest.

B. A financial report, showing all receipts and disbursements of money, shall be made by the secretary of the board of trustees, verified by oath.
A.R.S. § 9-420 — Arizona Code / Title 9 / Chapter 4 / Article 2 / Section 420
9-420 Contracts between city or town and the Arizona state library; expenditure of public monies
Status: in_force

9-420. Contracts between city or town and the Arizona state library; expenditure of public monies

The governing body of a city or town having a free library, or a library established under this article, may enter into a contract with the Arizona state library, archives and public records to provide supervision by the state library of expenditures of all monies involved in financing a library service or construction project when any portion of the monies is allocated by the federal government.
A.R.S. § 9-524 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 524
9-524 Election order and call; publication; posting
Status: in_force

9-524. Election order and call; publication; posting

A. The governing body shall order and call an election upon the question of the issuance of bonds. The order and call shall state in substance:

1. The maximum amount of bonds to be issued.

2. The purpose for which the bonds are to be issued.

3. The maximum rate of interest which the bonds are to bear.

4. A brief concise statement, which need not include any detail other than the mere statement of the fact, showing that the bonds will be payable solely from revenues unless the bonds are to be tax secured bonds in which case the order and call shall state in substance that the bonds shall be payable from revenues and shall additionally be payable from taxes levied upon all taxable property in the municipality.

5. The date on which the election is to be held as prescribed by section 16-204, subsection B, paragraph 1, subdivision (d).

6. The places where votes may be cast.

7. The hours between which polling places will be open.

B. The order and call of election shall be published in full at least once, not less than fifteen nor more than thirty days prior to the date of the election, in a newspaper published in the county and of general circulation in the municipality. If there is no such newspaper, the order and call shall be printed in full and posted in five conspicuous places in the municipality not less than fifteen nor more than thirty days prior to the date of the election.

C. If the bonds are to be tax secured bonds, the order and call of election shall state, in addition to the requirements of subsection A of this section, the matters required by title 35, chapter 3, article 3 and shall be posted and published as required by that article rather than as provided in subsection B of this section.
A.R.S. § 9-511 — Arizona Code / Title 9 / Chapter 5 / Article 2 / Section 511
9-511 Power to engage in business of public nature; outside water rates; right of eminent domain
Status: in_force

9-511. Power to engage in business of public nature; outside water rates; right of eminent domain

A. A municipal corporation may engage in any business or enterprise which may be engaged in by persons by virtue of a franchise from the municipal corporation, and may construct, purchase, acquire, own and maintain within or without its corporate limits any such business or enterprise. A municipal corporation may also purchase, acquire and own real property for sites and rights-of-way for public utility and public park purposes, and for the location thereon of waterworks, electric and gas plants, municipal quarantine stations, garbage reduction plants, electric lines for the transmission of electricity, pipelines for the transportation of oil, gas, water and sewage, and for plants for the manufacture of any material for public improvement purposes or public buildings. If a municipality provides water to another municipality, the rates it charges for the water to the public in the other municipality shall be one of the following:

1. The same or less than the rates it charges its own residents for water.

2. The same or less than the rates the other municipality charges its residents for water.

3. If the other municipality does not provide water, the average rates charged for water to the residents in the other municipality by private water companies.

4. Rates determined by a contract which is approved by both municipalities and in which such rates are justified by a cost of service study or by any other method agreed to by both municipalities.

B. Nothing in this section shall affect a surcharge on water provided to another municipality adopted prior to July 1, 1986 provided that the surcharge did not exceed thirty per cent of the rates the municipality providing the water charges its own residents and except that any increase in the percentage of such surcharge proposed after August 13, 1986 shall be subject to the requirements of this section.

C. The municipality may exercise the right of eminent domain either within or without its corporate limits for the purposes as stated in subsection A, and may establish, lay and operate a plant, electric line or pipeline upon any land or right-of-way taken thereunder, and may manufacture material for public improvement purposes and barter or exchange it for other material to be used in public improvements in the municipal corporation, or sell it to other municipal corporations for like purposes, and for any and all such purposes.
A.R.S. § 9-840 — Arizona Code / Title 9 / Chapter 7 / Article 4 / Section 840
9-840 Exemptions
Status: in_force

9-840. Exemptions

This article does not apply to:

1. An ordinance, code, regulation or substantive policy statement that relates only to the internal management of a municipality and that does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public.

2. An ordinance, code, regulation or substantive policy statement that relates only to the physical servicing, maintenance or care of municipally owned or operated facilities or property.

3. An ordinance, regulation or substantive policy statement that relates to inmates or committed youth, a correctional or detention facility under the jurisdiction of the municipality or a patient admitted to an institution or treatment center pursuant to court order.

4. An ordinance, code, regulation or substantive policy statement that relates to a municipal contract.

5. The function or operation of a municipal airport, public safety department, police department, town marshal's office, fire department, ambulance service or zoning adjustment process pursuant to 9-462.06.
A.R.S. § 9-461 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461
9-461 Definitions
Status: in_force

9-461. Definitions

In this article, unless the context otherwise requires:

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

2. "General plan" means a municipal statement of land development policies, that may include maps, charts, graphs and text that set forth objectives, principles and standards for local growth and redevelopment enacted under the provisions of this article or any prior statute.

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

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

5. "Right-of-way" means any public right-of-way and includes any area required for public use pursuant to any general or specific plan.

6. "Specific plan" means a detailed element of the general plan enacted under the provisions of this article or a prior statute.

7. "Street" means streets, highways, freeways, expressways, avenues, boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public access easements and rights-of-way.

8. "Subdivision regulations" means a municipal ordinance regulating the design and improvement of subdivisions enacted under the provisions of article 6.2 of this chapter, or any prior statute, regulating the design and improvement of subdivisions.

9. "Zoning ordinance" means a municipal ordinance regulating the use of land or structures, or both, under the provisions of this article.
A.R.S. § 9-500.49 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.49
9-500.49 Administrative review and approval; self-certification program; expedited approval; applicability; definitions
Status: in_force

9-500.49. Administrative review and approval; self-certification program; expedited approval; applicability; definitions

A. Notwithstanding any other law, the legislative body of a city or town shall by ordinance do the following:

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

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

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

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

B. Notwithstanding any other law, the legislative body of a city or town may by ordinance 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.

C. Applications for a license pursuant to this section are subject to chapter 7, article 4 of this title.

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

1. Land in an area that is designated as a district of historical significance pursuant to section 9-462.01, subsection A, paragraph 10.

2. Land in an area that is designated as historic on the national register of historic places.

3. Land in an area that is designated historic by a local government.

E. 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 municipal employee and verifiable by reference to an adopted benchmark, standard or criterion available and knowable by the applicant or proponent.
A.R.S. § 9-539 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 539
9-539 General powers of municipality under article
Status: in_force

9-539. General powers of municipality under article

There is vested in a municipality by this article full power:

1. To issue revenue bonds for the purpose of paying the cost of the improvement, reconstruction, extensions and additions to any existing revenue-producing utility of any kind or class at the time owned and operated by the municipality, however acquired.

2. To pledge to the punctual payment of the revenue bonds and interest thereon the revenues of such existing revenue-producing utility, after making reasonable allowance for the cost of maintenance and operation thereof, together with the revenues of such utility undertaking, improvement, reconstruction, extensions and additions thereto for which the revenue bonds are to be issued.

3. To provide in the resolution pertaining to the issuance of revenue bonds for the use and disposition of all revenues pledged therein to the payment of principal and interest of the bonds, including the revenues of the existing revenue-producing utility to the fullest extent provided in the resolution and in addition thereto the revenues of the utility undertaking for which the bonds are to be issued, all on such terms and in such manner as the governing body of the municipality may provide or has in the resolution so provided.
A.R.S. § 9-1445 — Arizona Code / Title 9 / Chapter 13 / Article 4 / Section 1445
9-1445 Review and audit; bundling discounts; action to recover underpayment or overpayment
Status: in_force

9-1445. Review and audit; bundling discounts; action to recover underpayment or overpayment

A. Not more than once every three years, a local government, on reasonable written notice, may audit the business books and records of a video service provider to the extent necessary to ensure payment of license fees pursuant to this chapter.  A local government may assess additional license fees due at any time within four years after the date on which the fees were required to be paid.  Any audit of a period of time before issuance of a uniform video service license shall be conducted pursuant to the local laws in effect during the period of time.

B. Except as otherwise provided by federal law, if a video service provider offers video service bundled with other services that are not video service for a single discounted price, all of the following apply:

1. The method that the video service provider uses to determine gross revenue subject to license fees by allocating the single discounted price among the bundle of video service and nonvideo services shall be reasonable and supported by the video service provider's books and records.

2. The local government shall accept as reasonable, for purposes of meeting the video service provider's burden of proof, an allocation based on an objective and verifiable method using the books and records that the video service provider kept in the regular course of business for other purposes, including nontax purposes.

3. A video service provider may not use bundled offerings as a means to evade paying license fees.

C. The local government and the video service provider shall each pay its own costs and fees relating to each audit performed pursuant to subsection A of this section. If the sum determined to be underpaid exceeds five percent of the total fees that the audit determines should have been paid for the period, the video service provider shall pay the local government's reasonable costs of the audit.

D. The rate of interest for both underpayments and overpayments is the federal short-term rate determined pursuant to 26 United States Code section 6621(b), plus three percentage points.

E. A person that performs a review and audit under subsection A of this section may not receive compensation that is based, in whole or in part, on either of the following:

1. Finding a particular result.

2. The amount of any underpayment or overpayment of the license fee that is identified because of the review and audit.

F. A complaint by a local government for underpayment of a license fee from a video service provider or by a video service provider for overpayment of a license fee to a local government shall be made pursuant to article 5 of this chapter.

G. A complaint for a violation of the license fee obligations under this chapter may not be made unless a written demand by a local government for payment of the license fees or a written demand by a video service provider for refund of license fees is made within four months after the local government or video service provider realizes it has been damaged or knows or reasonably should know of the damage caused by the alleged violation.

H. A complaint must be filed pursuant to article 5 of this chapter within three years after the written demand is made pursuant to subsection G of this section but not sooner than six months after the written demand.
A.R.S. § 9-232.05 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 232.05
9-232.05 Town elected officials; term limits; applicability
Status: in_force

9-232.05. Town elected officials; term limits; applicability

A. By majority vote of the qualified electors of the town voting on the initiative, the qualified electors may by initiative:

1. Enact term limits on the number of terms a member of the common council or mayor may serve.

2. Enforce term limits on the number of terms a member of the common council or mayor may serve.

3. Repeal term limits on the number of terms a member of the common council or mayor may serve.

B. Any enactment, enforcement or repeal of a term limit pursuant to this section applies to any common council member or any mayor elected after the date that the majority of the qualified electors vote to enact, enforce or repeal the term limit pursuant to subsection A of this section.
A.R.S. § 9-955 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 955
9-955 Officers of board; meetings; procedure for disbursements
Status: in_force

9-955. Officers of board; meetings; procedure for disbursements

A. The board of trustees shall elect from its members the president and secretary of the board for the ensuing year. The city or town treasurer, or the county treasurer, as the case may be, shall be treasurer, except that if the board of trustees of a fire district assumes the responsibility for investing and reinvesting the funds pursuant to section 9-957, subsection B, the board of trustees may elect from its members a treasurer who is responsible for the custody of the cash and securities of the fund and for executing the decisions of the board of trustees with respect to investments, reinvestments, receipts and disbursements.

B. The board shall meet annually and at such other times as the president may direct.

C. The board shall issue orders signed by the president and the secretary to the beneficiaries of the amounts ordered paid to such beneficiaries from the fund stating the conditions of the payment. The board of trustees of a fire fighters' relief and pension fund of a fire district that procures the services of a private fire protection company pursuant to section 48-805, subsection B, paragraph 9 may pay directly to the board of the fire district an amount each year of not to exceed the cost of the private fire protection company's pension plan but only to the extent monies are available in the fund. The board shall keep a public record of its proceedings. At each regular meeting it shall transmit to the city, town or county treasurer, as the case may be, a written list of all persons entitled to benefits from the fund, stating the reason and amount of the benefits. The list shall be certified and signed by the president and secretary and attested under oath. The treasurer of the city or town, or in the case of unincorporated towns, the county treasurer, shall enter a copy of the list on a book kept for that purpose. The fund shall not be disbursed without a majority vote of the members of the board, the vote to be entered on the minutes.

D. Notwithstanding the provisions of subsections A and C of this section, if the board of trustees of a fire district assumes the responsibility for investing and reinvesting the funds pursuant to section 9-957, subsection B, the duties of the treasurer may be performed by a member of the board elected by the board. If the duties of the treasurer are performed by a member of the board, the member shall be bonded for an amount determined by the board that shall not be less than the maximum amount of funds in the account at any one time during the previous year.
A.R.S. § 9-498 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 498
9-498 Authority for county to furnish services to city or town
Status: in_force

9-498. Authority for county to furnish services to city or town

The governing body of an incorporated city or town, and the county board of supervisors of the county in which such city or town is located, may enter into an agreement whereby:

1. The county shall furnish part-time or full-time police protection to persons and property within the boundaries of such city or town, or any part thereof, as provided for in the agreement.

2. The incorporated city or town that contracts for and receives any of the services provided under the provisions of paragraph 1 shall pay to the county the amount agreed to be paid to the county for furnishing such services.
A.R.S. § 9-621 — Arizona Code / Title 9 / Chapter 6 / Article 2 / Section 621
9-621 Authority to receive and spend distributions
Status: in_force

9-621. Authority to receive and spend distributions

In addition to any other powers conferred by law, an eligible city described in section 9-604 may receive and spend distributions from the Arizona convention center development fund pursuant to this chapter.
A.R.S. § 9-133 — Arizona Code / Title 9 / Chapter 1 / Article 3 / Section 133
9-133 Reincorporation
Status: in_force

9-133. Reincorporation

The provisions of section 9-103 shall be applicable to incorporations under this article, provided that petitions under this section shall be submitted to the respective boards of supervisors. The boards of supervisors meeting in joint session may order the city or town disincorporated and reincorporated.
A.R.S. § 9-500.08 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.08
9-500.08 Enforcement of water conservation plumbing requirements
Status: in_force

9-500.08. Enforcement of water conservation plumbing requirements

A. The governing body of a city or town may designate an appropriate official to enforce all or a portion of title 45, chapter 1, article 12, relating to water conservation plumbing requirements. If a city or town 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 city or town may retain the revenues from all civil penalties and assessments collected by the city or town under this section and title 45, chapter 1, article 12 as reimbursement for the costs of past enforcement actions and to fund future enforcement efforts.
A.R.S. § 9-967 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 967
9-967 Pension for volunteer fire fighter
Status: in_force

9-967. Pension for volunteer fire fighter

A. A person duly appointed and having served either as a member of a legally organized fire district or as a member of a fire department of any incorporated city or town for twenty-five years or more, or who has reached sixty years of age, and served twenty years or more, shall be paid a monthly pension not to exceed four hundred dollars per month based on the benefits available to members of that fire department or district as determined by the board of trustees. The pension shall be paid from the fire fighters' relief and pension fund of his fire district or fire department. Such pension if paid may be increased or decreased in amount, or discontinued at the discretion of the board of trustees.

B. If the funds provided in the volunteer fire fighters' relief and pension fund are insufficient to pay fully the pensions authorized pursuant to this section, the fund shall be prorated among those entitled thereto.
A.R.S. § 9-461.02 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.02
9-461.02 Planning commission; creation; limitations
Status: in_force

9-461.02. Planning commission; creation; limitations

If a municipal planning commission is created, the organization, number of members, the terms of office and the method of appointment and removal shall be as provided by local ordinance, except that each municipal planning commission shall have at least five members.
A.R.S. § 9-461.13 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.13
9-461.13 Prohibited urban growth management requirements
Status: in_force

9-461.13. Prohibited urban growth management requirements

(Caution: 1998 Prop. 105 applies)

A. There shall not be a state mandate that a city, charter city, town or county:

1. Adopt by ordinance or otherwise any "growth management" plan, however denominated, containing any provisions relating to such issues as mandatory development fees, mandatory air and water quality controls and street and highway environmental impacts, and requiring that, before adoption, the growth management plan, amendments and exceptions be automatically referred to the voters for approval.

2. Establish or recognize, formally or informally, urban growth boundaries, however denominated, that effectively prevent new urban development and extension of public services outside those boundaries.

3. Apply or attempt to apply urban growth management restrictions or boundaries to lands owned or held in trust by this state, unless specifically authorized by act of the legislature.

B. There shall not be a state mandate that the attorney general file any action in any court in this state against any local government or official to enforce any provision prohibited by this section.
A.R.S. § 9-135 — Arizona Code / Title 9 / Chapter 1 / Article 3 / Section 135
9-135 Relations with county
Status: in_force

9-135. Relations with county

If a city or town is located in more than one county, and the law requires the filing or recording of any paper, document or notice of the taking of any action within a county, such city or town shall perform such filing or recording or take such action within the county in which the property affected is located. In addition, such city or town may file or record any such paper, document or notice or take such action in each county in which such city or town is located.
A.R.S. § 9-242 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 242
9-242 Hospitals
Status: in_force

9-242. Hospitals

A. The corporation may own, operate and control hospitals in the interest of the general welfare.

B. The council may lease a hospital to a nonprofit association or corporation organized under state law, on such terms and conditions, and for such consideration, as the council may prescribe.
A.R.S. § 9-971 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 971
9-971 Reinstatement after military service
Status: in_force

9-971. Reinstatement after military service

A member of a fire district inducted into the military establishment of the United States for military training shall, upon his discharge from such service, be reinstated with his previous service credits.
A.R.S. § 9-1131 — Arizona Code / Title 9 / Chapter 10 / Article 2 / Section 1131
9-1131 Disposal of unclaimed lots acquired prior to statehood
Status: in_force

9-1131. Disposal of unclaimed lots acquired prior to statehood

A. Every trustee of lands acquired before February 14, 1912, under the act of Congress entitled "an act for the relief of inhabitants of cities and towns upon the public lands," approved March 2, 1867, or the trustee's successor in office, may sell at public auction to the highest bidder for cash, any parcel of such lands undisposed of within the townsite, the title to which remains in the trustee or the trustee's successor in office, when the trustee deems it advisable to sell. The trustee shall appoint three disinterested persons to appraise the parcels the trustee desires to sell, and they shall faithfully and impartially appraise the value of the parcels and shall certify their appraisal under oath to the trustee.

B. On making the appraisement, the trustee shall give notice of the sale by publication for not less than once each week for two successive weeks in a newspaper of general circulation within the city or town, or if there is none, then in the newspaper of general circulation published nearest the land to be sold. The notice shall describe the parcels of land to be sold and the time, place and condition of sale. At the time and place specified in the notice, the trustee shall offer the parcels of land for sale separately to the highest bidder, but for not less than the appraised value of the parcels of land. The trustee shall execute a deed to the highest bidder on payment of the purchase price.
A.R.S. § 9-510 — Arizona Code / Title 9 / Chapter 5 / Article 1.1 / Section 510
9-510 Control of programming
Status: in_force

9-510. Control of programming

A licensing authority shall not directly or indirectly control the content of any of the programming on a cable television system except those channels dedicated to government access.
A.R.S. § 9-534 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 534
9-534 Certification of bonds by attorney general
Status: in_force

9-534. Certification of bonds by attorney general

A. A municipality may submit to the attorney general bonds to be issued under this article after all proceedings for their issuance have been taken, and thereupon it shall be the duty of the attorney general to examine the bonds and pass upon the validity thereof and the regularity of the proceedings authorizing their issuance.

B. If such proceedings conform to the provisions of this article, and the bonds when delivered and paid for will constitute binding and legal obligations of the municipality according to the terms thereof, the attorney general shall certify in substance upon the back of each bond that it is issued in accordance with the constitution and laws of this state.
A.R.S. § 9-284 — Arizona Code / Title 9 / Chapter 2 / Article 5 / Section 284
9-284 Effect of charter on inconsistent laws
Status: in_force

9-284. Effect of charter on inconsistent laws

A. When the charter has been framed, adopted and approved, and any of its provisions are in conflict with any law relating to cities containing a population of more than three thousand five hundred inhabitants in force at the time of the adoption and approval of the charter, the provisions of the charter shall prevail notwithstanding the conflict, and shall operate as a repeal or suspension of the law to the extent of conflict, and the law shall not thereafter be operative as to such conflict.

B. The charter shall be consistent with and subject to the state constitution, and not in conflict with the constitution and laws relating to the exercise of the initiative and referendum and other general laws of the state not relating to cities.

C. Notwithstanding any statute, the charter may authorize agreements setting wages and salaries which extend not more than two years beyond the term of the contracting council.
A.R.S. § 9-243 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 243
9-243 Construction of streets and sidewalks; default of property owner; abatement of assessment; appeal; definitions
Status: in_force

9-243. Construction of streets and sidewalks; default of property owner; abatement of assessment; appeal; definitions

A. The common council may require the proprietor of any block, lot or part of a lot within the town to construct a sidewalk in front thereof of a width and type of construction as it may direct, and may by ordinance provide that upon failure of the proprietor to construct the sidewalk within a time to be prescribed after notice so to do it may be constructed by the town, and the expense thereof assessed against the block, lot or part thereof. The council may provide the manner of making the assessment, may approve the same and provide the manner of collecting the assessment.

B. The council may by ordinance require the proprietor or owner of any property within the town at the time of the development of the property to construct streets within and adjacent to the property. If the council determines that such streets are necessary before the development of the property, the council may order these improvements to be constructed by the town at its expense and the expense shall be assessed against the property. The council may provide and approve the manner of assessing the property at the time of development and provide the manner of collecting unpaid assessments at the time of development of the property subject to the following limitations:

1. The assessment of property, if adjacent arterial streets are involved, shall not exceed the cost of improving more than one-half of the width or more than one thousand lineal feet of such adjacent arterial street, except that if any parcel of land is presently being used for single family residential use and the width of such does not exceed two hundred lineal feet, such property shall not be assessed greater than one-half the cost of the average residential street within such city or town.

2. The assessment of property shall not exceed the actual expense incurred by the town at the time of construction.

C. Any assessment under this section shall abate if the property has not been developed within ten years of the assessment.

D. The determination of necessity by the council resulting in the assessing of property under this section may be appealed by any aggrieved party to the superior court.

E. As used in this section:

1. "Development" includes construction of residential, commercial or industrial buildings or structures or major additions or alterations to existing structures and includes new buildings or structures on property having existing buildings or structures situated on such property. When such property is zoned for agricultural or single family residential use at the time of assessment, development shall also require a change of use or purpose.

2. "Streets" may include asphaltic concrete surfacing, aggregate base, curb and gutter, valley gutter, concrete sidewalks and tiling of irrigation ditches and storm drainage facilities if required.
A.R.S. § 9-500.24 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.24
9-500.24 Federal patent easements; city and town abandonment
Status: in_force

9-500.24. Federal patent easements; city and town abandonment

A city or town, by its own motion or at the request of a property owner, may abandon a federal patent easement established by the small tract act of 1938 that the city or town determines, after notifying and obtaining the consent of all affected utilities, is not being used by the public or is no longer necessary in the same manner as other easements are abandoned.
A.R.S. § 9-101.03 — Arizona Code / Title 9 / Chapter 1 / Article 1 / Section 101.03
9-101.03 Alternate method of incorporation for an area containing a sanitary district and four road districts; definition
Status: in_force

9-101.03. Alternate method of incorporation for an area containing a sanitary district and four road districts; definition

A. As an alternate procedure for incorporation, any unincorporated community containing a population of two thousand five hundred persons or more, if such community includes all of the territory of four districts organized under title 48, chapter 10 and all of the territory of a district organized under title 48, chapter 14, may incorporate as a city or town if each of the following events occurs:

1. At least twenty per cent of the qualified electors of the community petition the board of supervisors, setting forth the metes and bounds of the community, stating the name proposed for the city or town, praying for the incorporation of the community into a city or town and praying for the calling of an election for the purpose of deciding the question of whether to incorporate. The board shall within sixty days after filing the petition call the election, and the election shall take place on such date as the board may designate but not more than one hundred twenty days after the filing of such petition, except that no such election may be called within twelve months from the date of a previous election for incorporation of substantially the same territory. Only qualified electors of the community shall vote on the question. If a majority of the qualified electors voting on the question votes for incorporation, the board of supervisors shall, by an order entered of record, declare the community incorporated as a city or town, if the provisions of paragraph 2 of this subsection are complied with.

2. If, on the basis of a sufficient petition under paragraph 1 of this subsection, an election is required on the question of incorporation, the board of supervisors shall also call, at the same time as the incorporation election is called, separate elections among the qualified electors of each of the districts on the question of ultimate dissolution of the districts. For the purposes of these elections, a qualified elector of a district is a person who is qualified to vote at the incorporation election called pursuant to paragraph 1 of this subsection and who resides within the district, and such person is not required to meet any additional qualifications. If a majority of the qualified electors of each district voting on the question approves it, each district shall be dissolved at the time and as otherwise provided in title 48, chapter 10 and chapter 14, respectively. Pending dissolution, the administration of district affairs vests in trust in the governing body of the city or town created pursuant to the election conducted under paragraph 1 of this subsection. Members of the governing body of such city or town are trustees of the districts for all purposes of such districts and as such have the powers and duties prescribed for the boards of directors of the districts organized pursuant to title 48, chapters 10 and 14. Such trustees may, without limitation, except as provided by law and within this section, operate the facilities of the districts, may cause the levy of district taxes and assessments to pay debts and operating charges of the districts and may issue and sell bonds previously authorized for improvements before dissolution of the districts. Indebtedness and obligations of or issued by or on behalf of such districts shall not become indebtedness or obligations of such city or town, except that such city or town is responsible as a trustee to insure that all obligations and debts of the districts are paid when due from funds available to the trustees from the districts. Until dissolution, nothing is deemed to preclude such a district from otherwise continuing to carry on its activities and transacting its business, or from entering into contracts and agreements otherwise authorized with such city or town, or from transferring streets and other property to such city or town. At elections conducted after incorporation in districts to which this section applies, the electors must be qualified electors of the city or town who reside within the district and are fully qualified to vote in a city or town election if one was conducted at the same time and shall not be required to meet any additional qualifications.

B. Members of the boards of directors of the districts, if the terms of such members have not expired, shall serve as an advisory board to the trustees until expiration of the terms or earlier vacancy, and thereafter the office is deemed abolished.

C. If the qualified electors voting in the election conducted pursuant to subsection A, paragraph 1 fail to approve incorporation or if the qualified electors voting in either of the elections conducted pursuant to subsection A, paragraph 2 fail to approve dissolution, the community shall not at that time become an incorporated city or town.

D. If incorporation is accomplished pursuant to this section, the order of the board of supervisors shall designate the name of the city or town and its metes and bounds, and thereafter the inhabitants within the area so defined are a body politic and corporate by the name designated.

E. An area to be incorporated shall not include large areas of uninhabited, rural or farm lands, but it shall be urban in nature.

F. As used in this section, "community" means a locality in which a body of people resides in more or less proximity having common interests in such services as public health, public protection, fire protection and water which bind together the people of the area and the people are acquainted and mingle in business, social, educational and recreational activities.
A.R.S. § 9-414 — Arizona Code / Title 9 / Chapter 4 / Article 2 / Section 414
9-414 Trustees; terms; compensation
Status: in_force

9-414. Trustees; terms; compensation

A. The governing body of a city or town may appoint residents of the city or town as trustees of its library.

B. In cities or towns of less than three thousand inhabitants there may be six trustees, and in other cities or towns there may be nine trustees. Trustees shall hold office for three years from July 1 in the year of their appointment, unless sooner removed for good cause.

C. Upon the first appointment of trustees in a city or town, they shall, at their first meeting, divide themselves by lot into three classes, one third to serve for one year, one third to serve for two years, and one third to serve for three years.

D. The office shall be honorary and without compensation.