A.R.S. § 9-462.07 — Arizona Code / Title 9 / Chapter 4 / Article 6.1 / Section 462.07
9-462.07 Extraterritorial jurisdiction
Status: in_force

9-462.07. Extraterritorial jurisdiction

A. In any county not having a county zoning ordinance applicable to the unincorporated territory, the legislative body of a municipality may exercise the zoning powers granted in this article both to territory within its corporate limits and to that which extends a distance of three contiguous miles in all directions of its corporate limits and is not located in a municipality. Any ordinance intended to have application beyond the corporate limits of the municipality shall expressly state the intention of such application. Such ordinance shall be adopted in accordance with the provisions set forth therein.

B. The extraterritorial jurisdiction of two or more municipalities whose boundaries are less than six miles apart terminates at a boundary line equidistant from the respective corporate limits of such municipalities, or at such line as is agreed to by the legislative bodies of the respective municipalities.

C. As a prerequisite to the exercise of extraterritorial jurisdiction the membership of the planning agency charged with the preparation or administration of proposed comprehensive zoning regulations for the area of extraterritorial jurisdiction shall be increased to include two additional members to represent the unincorporated area. Any additional member shall be a resident of the three mile area outside the corporate limits and be appointed by the legislative body of the county wherein the unincorporated area is situated. Any additional member shall have equal rights, privileges and duties with the other members of the planning agency in all matters pertaining to the plans and regulations of the unincorporated area in which they reside, both in preparation of the original plans and regulations and in consideration of any proposed amendments to such plans and regulations.

D. If a municipal governing body adopts zoning regulations for the area outside its corporate limits, it shall increase the membership of the board of adjustment by adding one or two additional members. Any such member shall be a resident of the area of extraterritorial jurisdiction outside the corporate limits and shall be appointed by the legislative body of the county wherein the unincorporated area is situated. Any such member shall have equal rights, privileges, and duties with other members of the board of zoning adjustment in all matters pertaining to the regulation of the unincorporated area in which they reside. The concurring vote of a majority of the members of the enlarged board is necessary to reverse any order, requirement, decision or determination of an administrative official charged with the enforcement of an ordinance.

E. Any municipal legislative body exercising the powers granted by this section may provide for the enforcement of its regulations for the area of extraterritorial jurisdiction in the same manner as the regulations for the area within the municipality are enforced.
A.R.S. § 9-833 — Arizona Code / Title 9 / Chapter 7 / Article 4 / Section 833
9-833 Inspections; applicability
Status: in_force

9-833. Inspections; applicability

A. A municipal inspector or regulator who enters any premises of a regulated person for the purpose of conducting an inspection shall:

1. Present photo identification on entry of the premises.

2. On initiation of the inspection, state the purpose of the inspection and the legal authority for conducting the inspection.

3. Disclose any applicable inspection fees.

4. Except for a fire and life safety inspection of areas that are accessible to the general public or a food and swimming pool inspection, afford an opportunity to have an authorized on-site representative of the regulated person accompany the municipal inspector or regulator on the premises, except during confidential interviews.

5. Provide notice of the right to have:

(a) Copies of any original documents taken from the premises by the municipality during the inspection if the municipality is permitted by law to take original documents.

(b) A split or duplicate of any samples taken during the inspection if the split or duplicate of any samples, if appropriate, would not prohibit an analysis from being conducted or render an analysis inconclusive.

(c) Copies of any analysis performed on samples taken during the inspection.

6. Inform each person whose conversation with the municipal inspector or regulator during the inspection is tape recorded that the conversation is being tape recorded.

7. Inform each person interviewed during the inspection that statements made by the person may be included in the inspection report.

B. On initiation of, or two working days before, an inspection of any premises of a regulated person, except for a fire and life safety inspection of areas that are accessible to the general public or a food and swimming pool inspection that has up to one working day after an inspection, a municipal inspector or regulator shall provide the following in writing or electronically:

1. The rights described in subsection A of this section.

2. The name and telephone number of a municipal contact person available to answer questions regarding the inspection.

3. The due process rights relating to an appeal of a final decision of a municipality based on the results of the inspection, including the name and telephone number of a person to contact within the municipality and any appropriate municipality, county or state government ombudsman.

C. A municipal inspector or regulator shall obtain the signature of the regulated person or on-site representative of the regulated person on the writing prescribed in subsection B of this section indicating that the regulated person or on-site representative of the regulated person has read the writing and is notified of the regulated person's or on-site representative of the regulated person's inspection and due process rights.  The municipality shall maintain a copy of this signature with the inspection report.  Unless the regulated person at the time of the inspection is informed how the report can be located electronically, the municipality shall leave a copy with the regulated person or on-site representative of the regulated person. If a regulated person or on-site representative of the regulated person is not at the site or refuses to sign the writing prescribed in subsection B of this section, the municipal inspector or regulator shall note that fact on the writing.

D. A municipality that conducts an inspection shall give a copy of, or provide electronic access to, the inspection report to the regulated person or on-site representative of the regulated person either:

1. At the time of the inspection.

2. Notwithstanding any other state law, within thirty working days after the inspection.

3. As otherwise required by federal law.

E. The inspection report shall contain deficiencies identified during an inspection. Unless otherwise provided by law, the municipality may provide the regulated person an opportunity to correct the deficiencies unless the municipality determines that the deficiencies are:

1. Committed intentionally.

2. Not correctable within a reasonable period of time as determined by the municipality.

3. Evidence of a pattern of noncompliance.

4. A risk to any person, the public health, safety or welfare or the environment.

F. If the municipality allows the regulated person an opportunity to correct the deficiencies pursuant to subsection E of this section, the regulated person shall notify the municipality when the deficiencies have been corrected. Within thirty working days of receipt of notification from the regulated person that the deficiencies have been corrected, the municipality shall determine if the regulated person is in substantial compliance and notify the regulated person whether or not the regulated person is in substantial compliance, unless the determination is not possible due to conditions of normal operations at the premises. If the regulated person fails to correct the deficiencies or the municipality determines the deficiencies have not been corrected within a reasonable period of time, the municipality may take any enforcement action authorized by law for the deficiencies.

G. A municipality's decision pursuant to subsection E or F of this section is not an appealable municipal action.

H. At least once every month after the commencement of the inspection, a municipality shall provide the regulated person with an update, in writing or electronically, on the status of any municipal action resulting from an inspection of the regulated person. A municipality is not required to provide an update after the regulated person is notified that no municipal action will result from the municipality's inspection or after the completion of municipal action resulting from the municipality's inspection.

I. This section does not authorize an inspection or any other act that is not otherwise authorized by law.

J. This section applies only to inspections necessary for the issuance of a license or to determine compliance with licensure requirements. This section does not apply:

1. To criminal investigations and undercover investigations that are generally or specifically authorized by law.

2. If the municipal inspector or regulator has reasonable suspicion to believe that the regulated person may be or has been engaged in criminal activity.

3. To inspections by a county board of health or a local health department pursuant to section 36-603.

K. If a municipal inspector or regulator gathers evidence in violation of this section, the violation shall not be a basis to exclude the evidence in a civil or administrative proceeding, if the penalty sought is the denial, suspension or revocation of the regulated person's license or is a civil penalty of more than one thousand dollars.

L. Failure of a municipal employee to comply with this section:

1. Constitutes cause for disciplinary action or dismissal pursuant to adopted municipal personnel policy.

2. Shall be considered by the judge and administrative law judge as grounds for reduction of any fine or civil penalty.

M. A municipality may adopt rules or ordinances to implement this section.

N. This section:

1. Shall not be used to exclude evidence in a criminal proceeding.

2. Does not apply to a municipal inspection that is requested and scheduled by the regulated person.
A.R.S. § 9-500.45 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.45
9-500.45 Drug disposal programs; business assessments prohibited; restrictions; state preemption; definition
Status: in_force

9-500.45. Drug disposal programs; business assessments prohibited; restrictions; state preemption; definition

A. A city or town may not:

1. Impose a tax, fee, assessment or charge on any consumer or owner or operator of a business to pay for or support a drug disposal program in the city's or town's jurisdiction.

2. Require an owner or operator of a business to establish, pay for or operate a drug disposal program in the city's or town's jurisdiction.

B. Subsection A of this section does not prohibit a city or town from using other general fund monies for the purpose of operating a drug disposal program.

C. The establishment or regulation of a drug disposal program by an owner or operator of a business that complies with state and federal law and rules adopted pursuant to those laws is a matter of statewide concern and is not subject to further regulation by a city or town.

D. For the purposes of this section, "drug disposal program" means a program to collect, transport or dispose of prescription drugs, including controlled substances, nonprescription drugs, needles or sharps that are no longer wanted by the owner or that have been abandoned or discarded or are intended to be abandoned or discarded by the owner.
A.R.S. § 9-468 — Arizona Code / Title 9 / Chapter 4 / Article 6.4 / Section 468
9-468 Solar construction permits; standards; definition
Status: in_force

9-468. Solar construction permits; standards; definition

A. Municipalities shall adopt the following standards for issuing permits for the use of certain solar energy devices:

1. For construction with solar photovoltaic systems that are intended to connect to a utility system, the following apply:

(a) The location of the photovoltaic system installation shall be indicated on the construction plans, including the roof plan and elevation.

(b) Photovoltaic panel mounting details shall be included in the installation plans.

(c) The electrical diagrams shall include one-line or three-line diagrams. A one-line or three-line electrical diagram is not required if a qualified online automated permitting platform is used to verify code compliance.

(d) For direct current to alternating current conversions, the cut sheet and listings for inverters shall be included in the plans.

(e) A municipality shall not require a stamp from a professional engineer for a solar photovoltaic system unless an engineering stamp is deemed necessary. If an engineering stamp is deemed necessary, the municipality shall provide the permittee a written explanation of why the engineering stamp is necessary.

(f) A municipality may use a qualified online automated permitting platform to verify code compliance in order to satisfy the requirements of subdivisions (a), (b), and (c) of this paragraph.

2. For solar water heating systems, the following apply:

(a) The location of the solar panel system shall be indicated on the construction plans, including the roof plan and elevation, and shall include mounting details for panel installation.

(b) Construction plan notes shall include a requirement that solar water heating equipment be installed in compliance with applicable plumbing codes and as prescribed by a solar rating and certification corporation and any guidelines adopted by this state.

(c) A municipality shall not require a stamp from a professional engineer for a single-family solar water heating system unless an engineering stamp is deemed necessary.  If an engineering stamp is deemed necessary, the municipality shall provide the permittee a written explanation of why the engineering stamp is necessary.

B. Any building or permit fee or charge assessed by a city or town for a building permit for solar construction must be attributable to and defray or cover the expense of the service for which the fee or charge is assessed.  A fee or charge shall not exceed the actual cost of issuing a permit, and a written, itemized list of the individual costs associated with the permit fee shall be provided at the request of the permittee.

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

D. The method by which a city or town arrives at an assessed permit or plan fee must be published and made available to the public.

E. For the purposes of this section, "qualified online automated permitting platform" means a web-based portal that automates plan review, produces code-compliant approvals and issues permits for residential solar energy systems and residential energy storage systems paired with residential solar energy systems in real time.
A.R.S. § 9-525 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 525
9-525 Registration of voters
Status: in_force

9-525. Registration of voters

The governing body may require the registration of all persons desiring to vote at the election, in which case the election resolution shall state the dates, times and places when and where such persons may register. Registration shall begin not less than ten and shall close not less than five days prior to the date of the election.
A.R.S. § 9-464 — Arizona Code / Title 9 / Chapter 4 / Article 6.3 / Section 464
9-464 Definition
Status: in_force

9-464. Definition

In this article, unless the context otherwise requires, "open space lands or open area" means any space or area characterized by great natural scenic beauty or whose existing openness, natural condition or present state of use, if retained, would maintain or enhance the conservation of natural or scenic resources, or the production of food and fiber.
A.R.S. § 9-810.01 — Arizona Code / Title 9 / Chapter 7 / Article 1 / Section 810.01
9-810.01 Building codes; refrigerants
Status: in_force

9-810.01. Building codes; refrigerants

Any code, ordinance or general or specific plan provision or part of a code, ordinance or general or specific plan provision adopted by a municipality may not prohibit the use of refrigerants that are listed as acceptable pursuant to the clean air act (69 Stat. 322; 42 United States Code section 7671k) if the equipment used is listed and installed in accordance with the use conditions prescribed in the clean air act.
A.R.S. § 9-903 — Arizona Code / Title 9 / Chapter 8 / Article 1 / Section 903
9-903 Coverage of article
Status: in_force

9-903. Coverage of article

This article shall not be construed to apply to a person holding a courtesy or honorary commission in the police, peace officers or fire forces of a city or town, or to persons not appointed in accordance with the rules, regulations, ordinances, charter provisions or statutes concerning appointments to the police, peace officers or fire department to which appointment is claimed, or to those officers employed in part time service.
A.R.S. § 9-805 — Arizona Code / Title 9 / Chapter 7 / Article 1 / Section 805
9-805 Building code moratorium on residential and commercial buildings
Status: in_force

9-805. Building code moratorium on residential and commercial buildings

Beginning June 30, 2009 through June 30, 2011, any new or modified residential or commercial building code or other related code that is adopted by a municipality does not apply to a residential or commercial building that received a final site plan or subdivision plat, planned area development or similar approval by a municipality before June 1, 2009.  This section does not prohibit any code changes to the extent and duration required to comply with conditions for federal stimulus funding.
A.R.S. § 9-914 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 914
9-914 Election of departmental members of board
Status: in_force

9-914. Election of departmental members of board

The governing body of a municipality, within thirty days after the provisions of this article become effective as to the municipality, shall call an election for the purpose of selecting departmental members of the board. The election shall be held at the city or town hall or such other convenient place as the governing body may determine, and during such hours as will enable all qualified persons to cast their ballots. Balloting shall be secret and each permanent member of the police department, regularly appointed and qualified, shall be entitled to vote for as many candidates as there are places to be filled. The vote shall be canvassed and the result announced by the governing body within one week after the election. The members of the department, to the number of places to be filled, successively receiving the highest number of votes, shall be declared elected. Thereafter a regular election shall be held annually on the second Monday in January of each year.
A.R.S. § 9-915 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 915
9-915 Terms of departmental members
Status: in_force

9-915. Terms of departmental members

The terms of office of departmental members of the board shall end at noon on the third Monday in January of the year following the year in which they are elected, but the members shall continue to serve until their successors are elected and qualify.
A.R.S. § 9-929 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 929
9-929 Fund requirements precedent to payment of pensions
Status: in_force

9-929. Fund requirements precedent to payment of pensions

A retirement shall not be ordered, or an application for pension allowed, or a warrant or check drawn upon the fund until there is to the credit of the fund a sum equal to one hundred and fifty dollars for each member of the department.
A.R.S. § 9-553 — Arizona Code / Title 9 / Chapter 5 / Article 4 / Section 553
9-553 Application for license; hearing; terms; conditions
Status: in_force

9-553. Application for license; hearing; terms; conditions

A. Any person desiring to obtain a license to construct, operate and maintain an industrial gas pipeline from a licensing authority shall apply to the licensing authority in a form specified by the licensing authority and shall comply with requirements specified by the licensing authority.

B. Prior to the issuance of a license, the licensing authority shall hold a public hearing within the city, town or county where application has been made, following reasonable notice to the public, at which every applicant and its proposals shall be examined and the public and all interested parties afforded a reasonable opportunity to be heard. Reasonable notice to the public includes causing notice of the time and place of the hearing to be published in a newspaper of general circulation in the city, town or county where application has been made once a week for two consecutive weeks. The first publication shall not be less than fourteen days before the day of the hearing. If there is no such newspaper in the city, town or county where application has been made, notice shall be posted in a conspicuous place in the city or town hall, if applicable, or other suitable location determined by the respective licensing authority for a period of not less than fourteen days before the day of the hearing.
A.R.S. § 9-811 — Arizona Code / Title 9 / Chapter 7 / Article 2 / Section 811
9-811 Publication of record of proceedings of governing body
Status: in_force

9-811. Publication of record of proceedings of governing body

The minutes of the proceedings of the governing body of an incorporated city or town, or an abstract of the minutes, may be published as the council or board by resolution entered upon their minutes may direct.
A.R.S. § 9-595 — Arizona Code / Title 9 / Chapter 5 / Article 8 / Section 595
9-595 Access to authority utility poles; rates and fees; collocations for other commercial projects or uses
Status: in_force

9-595. Access to authority utility poles; rates and fees; collocations for other commercial projects or uses

A. An authority may not enter into an exclusive arrangement with any person for the right to attach to authority utility poles.

B. The rates and fees for the collocation of small wireless facilities on authority utility poles shall be nondiscriminatory regardless of the services provided by the collocating person.

C. The rate to collocate small wireless facilities on authority utility poles may not exceed fifty dollars per authority utility pole, per year.

D. An authority shall establish and make available rates, fees and terms for the collocation of small wireless facilities on authority utility poles within six months after August 9, 2017 or three months after receiving a request to collocate the first small wireless facility on such poles, whichever is later. The rates, fees and terms shall be made available for acceptance by a wireless provider.  At the wireless provider's option, a wireless provider may request different or additional terms that the parties shall negotiate in good faith. Documents reflecting rates, fees and terms with each wireless provider shall be made publicly available. The rates, fees and terms shall comply with the following requirements:

1. The rates, fees and terms must be nondiscriminatory, competitively neutral and commercially reasonable and comply with this section and section 9-592, subsections E and F.  Requests for collocating a small wireless facility on an authority utility pole will be processed pursuant to section 9-593.  The authority may require a wireless provider to replace the authority utility pole if the authority determines that applicable codes or local code or regulatory provisions that concern public safety require replacement of the authority utility pole.  The wireless provider's request to install a replacement utility pole will be processed pursuant to section 9-592.  The authority shall retain ownership of the utility pole.

2. Terms must reasonably accommodate power supply and electric metering for the small wireless facility.

E. An authority may prohibit, regulate and charge for the collocation of a wireless facility on a wireless support structure owned by the authority.