A.R.S. § 11-137 — Arizona Code / Title 11 / Chapter 1 / Article 3 / Section 137
11-137 Election on formation of new counties
Status: in_force

11-137. Election on formation of new counties

A. The secretary of state shall call a special election in the affected county or counties for the approval or disapproval of the proposed new county or counties. The election shall be held on the eighth Tuesday following the issuance of the commission's report under section 11-136, subsection F, except that an election shall not be held between January 1 and the general election date in a year in which the president of the United States is elected.

B. The notice of the election shall:

1. State that the proposal is to establish:

(a) A new county or counties according to the determination of and terms and conditions prescribed by the commission in its report.

(b) A county distribution board to determine and accomplish the division of and payment for the property of the affected county or counties as provided in section 11-143.

2. State the boundaries of the proposed county or counties.

3. State that, if the proposed county or counties are approved, the county names and county seats will be determined pursuant to section 11-141 and that county officers will be chosen at the next regular primary and general elections for county officers pursuant to section 11-140.

4. Designate the date of the election.

5. Designate the election precincts and places where the polls will be open as established by the board of supervisors of each affected county and the secretary of state under subsection G of this section.

6. Name the election officers of the several precincts.

C. The notice of the election shall be published at least twice in a newspaper of general circulation in each of the affected counties.

D. The secretary of state shall cause to be printed and at least ten days before the election shall mail to each registered voter household in each affected county a publicity pamphlet containing the notice of election prescribed by this section, a sample election ballot and the summary of the commission's report prepared pursuant to section 11-136, subsection F. Not later than forty days before the election a person may file with the secretary of state an argument, not exceeding two hundred words in length, advocating or opposing the formation of the proposed new county or counties. Each argument must be signed by the person, or the officers of the organization, sponsoring it and accompanied by a fee of two hundred dollars. The person or persons signing the argument shall identify themselves by giving their residence or post office address. The publicity pamphlet shall include each argument so filed.

E. The ballot shall state "Shall new counties be established from existing __________ (county or counties) as prescribed in the report of the county formation commission, including the establishment of a distribution board to estimate taxes to be levied for the distribution of county assets, liabilities and records?" followed by spaces designated "yes" and "no" in which the voter may indicate his vote for or against the proposition.  Except as otherwise provided and as far as practicable, the secretary of state shall conduct the election and canvass the returns in the same manner as general elections. If there is only one affected county and as is otherwise practicable, the secretary of state may delegate election responsibilities under this section as he deems appropriate to the board of supervisors.

F. Registered voters are entitled to vote in the election. Any person eligible to register who is not registered may register with the county recorder up to twenty-nine days before the election.

G. If necessary for purposes of the election, the secretary of state may order the board of supervisors of an affected county to change the boundaries of election precincts in its county to conform to the boundary between proposed counties. If the precinct boundaries are changed, the secretary of state shall notify the attorney general to initiate proceedings to determine compliance with applicable federal laws under section 11-139, and the election date may be postponed accordingly.

H. On the second Monday following the election the secretary of state shall canvass the returns. The proposition to form the new counties is approved only if a majority of the votes cast in each proposed new county favors the proposition.

I. The secretary of state shall immediately make an order declaring the result and transmit copies of the order to the clerk of the board of supervisors of each affected county, the governor, the attorney general, the president of the senate, the speaker of the house of representatives and each legislator whose district is in an affected county.
A.R.S. § 11-1206 — Arizona Code / Title 11 / Chapter 9 / Article 1 / Section 1206
11-1206 Protected development right; agreements regarding public safety
Status: in_force

11-1206. Protected development right; agreements regarding public safety

Notwithstanding any other law, a county, for public safety purposes and with the written consent of the owner of property which has been granted a protected development right pursuant to section 11-1202 or the owner of any other residential or commercial development subject to the supervision of the county under this title, by resolution or ordinance may provide for:

1. The application and enforcement of speed limits, weight restrictions or other safety measures on a private roadway that is located within any development in the unincorporated areas of the county and that is open to and used by the public provided that a county may require payment from the property owner prior to installation for the actual cost of signs which are required to provide notice of any speed limitation or other restriction which applies on the private roadway.

2. The approval of an extension or addition to any roadway which has been or may be designated as a primitive road pursuant to section 28-6706, provided that any extension or addition is made to connect the primitive road with a road or highway serving a development and the total length of the extension or addition does not exceed one mile. Upon completion of the extension or addition as authorized by this section the entire road may be designated as a primitive road pursuant to section 28-6706 as long as the existing portion of the road qualifies to be so designated pursuant to section 28-6706.
A.R.S. § 11-1916 — Arizona Code / Title 11 / Chapter 14 / Article 2 / Section 1916
11-1916 Amendment of uniform video service license to add service area
Status: in_force

11-1916. Amendment of uniform video service license to add service area

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

B. The application is subject to the same procedures, requirements, limitations and time periods as an application for issuance of a uniform video service license pursuant to sections 11-1914 and 11-1915.
A.R.S. § 11-264.03 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 264.03
11-264.03 Exemptions
Status: in_force

11-264.03. Exemptions

A. Bonds issued pursuant to this article are exempt from any and all statutory debt limitations and budget requirements applicable to a county.

B. Until payment of all bonds issued for sewer construction, acquisition or improvement and the expiration of the fiscal year in which the bonds are paid in full, neither the receipts from operation of the sewerage system nor expenditures from sources other than taxes, in connection with the operation of such sewerage system including debt service on bonds shall be subject to the provisions of title 42.
A.R.S. § 11-681.02 — Arizona Code / Title 11 / Chapter 4 / Article 5 / Section 681.02
11-681.02 Issuance and sale of bonds; notice
Status: in_force

11-681.02. Issuance and sale of bonds; notice

A. The board shall issue the bonds in the manner, method, number and amount provided in the resolution.

B. The board shall provide notice of its intention to issue bonds in a manner consistent with market practice.

C. The bonds may be sold by competitive bid, including an online bidding process, or by negotiated sale for public or private offering at the price and on the terms prescribed in the resolution. If bonds are sold through an online bidding process, bids for the bonds that are entered into the system may be concealed until a specified time or disclosed in the bidding process.  For the purposes of this subsection, "online bidding process" means a procurement process in which the board receives bids electronically over the internet in a real-time, competitive bidding event.

D. The net proceeds from the sale of the bonds shall be deposited in the bond proceeds fund established pursuant to section 11-681.03.

E. Title 35, chapter 3, article 7 applies to the board and to bonds issued under this article.
A.R.S. § 11-306 — Arizona Code / Title 11 / Chapter 2 / Article 7.1 / Section 306
11-306 Authority to construct, acquire, lease or sell health care institutions
Status: in_force

11-306. Authority to construct, acquire, lease or sell health care institutions

Counties, cities, including charter cities, and towns of this state may construct, purchase, own, lease, either as lessor or lessee, and sell either for cash or on a deferred installment sales contract one or more health care institutions as the term is defined in section 36-401. This section shall not be construed as granting additional powers to, or limiting existing powers of, counties, cities and towns regarding the operation of health care institutions. The lease or sales agreements may contain any provision deemed necessary by the governing body in order to secure the payment thereof.
A.R.S. § 11-221 — Arizona Code / Title 11 / Chapter 2 / Article 2 / Section 221
11-221 Custody and inspection of records
Status: in_force

11-221. Custody and inspection of records

The books, records and accounts of the board shall be kept at the office of the clerk of the board, and in his care, and shall be open to public inspection.
A.R.S. § 11-1407 — Arizona Code / Title 11 / Chapter 10 / Article 1 / Section 1407
11-1407 Corporate powers, immunities and limitations
Status: in_force

11-1407. Corporate powers, immunities and limitations

A nonprofit corporation that is organized as provided by this article and that enters into an operating agreement with a sponsoring county:

1. Is considered to:

(a) Exercise its powers for the benefit of the people, to improve their health and welfare and to increase their prosperity.

(b) Engage in a purpose that is essential to public health care.

(c) Have all powers of a nonprofit corporation under title 10.

2. Is entitled to the exemptions and immunities provided by law to similar corporations that are organized for similar purposes including exemptions from taxation of its property and bonds.

3. Possesses and may exercise those powers that are delegated to the corporation by the board of supervisors and that are necessary to satisfy the requirements of section 103 of the internal revenue code as stated in the terms, conditions, restrictions and agreements of the operating agreement. These powers are in addition to the powers that are granted to nonprofit corporations by title 10.
A.R.S. § 11-373 — Arizona Code / Title 11 / Chapter 2 / Article 12 / Section 373
11-373 Election resolution; contents; publication
Status: in_force

11-373. Election resolution; contents; publication

A. The board of supervisors shall adopt a resolution calling an election upon the question of the issuance of bonds. The resolution 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 and concise statement containing an irrevocable appropriation providing for the payment of the principal and interest of the bonds from monies to be derived from taxes, fees, charges and other monies collected by the state and returned to such county for street and highway purposes pursuant to law which have not been theretofore specially allocated and pledged for the payment of indebtedness.

5. The date on which the election will be held.

6. The places where votes may be cast.

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

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 and of general circulation in the county.
A.R.S. § 11-269.20 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 269.20
11-269.20 Drug and paraphernalia drop-off locations; referral
Status: in_force

11-269.20. Drug and paraphernalia drop-off locations; referral

On or before December 31, 2018, the board of supervisors from each county shall establish at least one location in the county where a person may drop off any legal or illegal drug or substance and drug paraphernalia and receive a referral to a substance abuse treatment facility.
A.R.S. § 11-296 — Arizona Code / Title 11 / Chapter 2 / Article 7 / Section 296
11-296 Record of indigent care
Status: in_force

11-296. Record of indigent care

A. The contractor, or the person in charge, shall keep an accurate written account of:

1. The names of all persons admitted into the hospital.

2. The date of admission.

3. Their disease or affliction.

4. The number of days they remain.

5. The date of their discharge, or death.

B. A verified statement containing the information required by subsection A of this section, shall be filed by the contractor quarterly with the board, and he shall not be paid for any services until he has complied with this section.
A.R.S. § 11-411 — Arizona Code / Title 11 / Chapter 3 / Article 1 / Section 411
11-411 Performance of duties at place other than county seat; record filing
Status: in_force

11-411. Performance of duties at place other than county seat; record filing

When, in the opinion of the chief officer of any county office, the public interest requires the performance of any duties of the office at a place other than the county seat, the duties may be performed at such place by a duly appointed and qualified deputy of the county officer, in the same manner, and with like effect as if performed at the county seat. Records of all duties so performed shall be filed in the office of the county officer at the county seat.
A.R.S. § 11-497 — Arizona Code / Title 11 / Chapter 3 / Article 4 / Section 497
11-497 Disbursement of forest reserve monies
Status: in_force

11-497. Disbursement of forest reserve monies

The treasurer shall notify the clerk of the board of supervisors and the county school superintendent of the amount received from the state treasurer as the county share of pass through monies from the United States from forest reserves, as provided in section 41-736, and thereafter the money shall be disbursed for the benefit of public schools and public roads of the county as the board of supervisors may direct.
A.R.S. § 11-1201 — Arizona Code / Title 11 / Chapter 9 / Article 1 / Section 1201
11-1201 Definitions
Status: in_force

11-1201. 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 county a development application for a property for approval.

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

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 established pursuant to this article, without compliance with subsequent changes in zoning regulations and development standards, except as provided by section 11-1204.

4. "Protected development right plan" means a plan submitted by a landowner to a county, which, if approved by the board of supervisors of the county 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 county for site development approval. A protected development right plan for a phased development shall be in the form of a plan for a master plan development which may include a plan for 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 county.  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. § 11-256.04 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 256.04
11-256.04 Home equity conversion program; authorization; use of proceeds
Status: in_force

11-256.04. Home equity conversion program; authorization; use of proceeds

A. A county, by resolution, may offer a home equity conversion program for persons sixty years of age or older.

B. A county 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. § 11-606 — Arizona Code / Title 11 / Chapter 4 / Article 1 / Section 606
11-606 Collection and disposition of groundwater transportation fees; economic development fund
Status: in_force

11-606. Collection and disposition of groundwater transportation fees; economic development fund

A. The board of supervisors may collect groundwater transportation fees paid to the county pursuant to section 45-556.

B. The board of supervisors shall transmit all monies collected under this section to the county treasurer for deposit in a groundwater basin economic development fund. The board shall use monies in the fund to enhance economic development in the groundwater basin or sub-basin with respect to which the monies were collected, including water acquisition or other mitigation activities for remaining water users in the groundwater basin or sub-basin, economic planning, business and industrial recruitment and retention and other necessary and appropriate economic development activities. If the groundwater basin or sub-basin is completely dedicated for purposes of transporting groundwater away from the basin or sub-basin, the monies collected under this section may be used for such economic development activities anywhere in the county.
A.R.S. § 11-254.05 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 254.05
11-254.05 Purchase or lease of development rights; definition
Status: in_force

11-254.05. Purchase or lease of development rights; definition

A. The board of supervisors, by resolution, may purchase or lease the development rights of private land in the county with monies from any public or private source except for county development fees collected pursuant to section 11-1102.  The board may not exercise the power of eminent domain to acquire development rights but may acquire development rights only from willing property owners.

B. Development rights may be acquired only for the following purposes:

1. To establish buffer zones from developing urban areas.

2. To preserve habitat or open space.

3. To sustain the culture and heritage of agriculture and ranching activities in the county.

4. To preserve archaeological resources or historic properties.

5. To implement a plan to comply with the requirements of the endangered species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1531 through 1599).

C. The board shall:

1. Determine that the potential seller or lessor of the development rights and any adjoining property owners are fully informed as to the effects and consequences on the value of the land.

2. Hold a public hearing before adopting any resolution to acquire development rights.

3. In the case of a purchase of development rights, agree in perpetuity not to exercise the development rights and require the seller to agree that the land shall remain as open space.

4. In the case of a lease of development rights, agree not to exercise the development rights and require the lessor to agree that the land shall remain as open space for the term of the lease.  The term of the lease must be at least twenty-five years.

5. In all cases, purchase or lease the development rights at no less than market value.

D.  Any property adjoining land with development rights acquired pursuant to this section shall not have its use or designation impaired by the acquisition of the development rights for the adjoining lands.

E. For purposes of this section, "acquire development rights" means the purchase or lease of a nonpossessory interest in real property that requires the owner of the real property to agree to conserve the land as open space or to preserve the historical, architectural, archaeological or cultural aspects of the real property in perpetuity, if purchased, or for the term of the lease, if leased.
A.R.S. § 11-809 — Arizona Code / Title 11 / Chapter 6 / Article 1 / Section 809
11-809 Public works project planning; utility input; definitions
Status: in_force

11-809. Public works project planning; utility input; definitions

A. A county in the design phase of a public works project shall provide notice and opportunity for comment to all utilities the county 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 county shall annually post on its website a capital improvement plan containing all public works projects scheduled to be constructed.  A utility may also request that the county annually provide a copy of a county'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. § 11-1025 — Arizona Code / Title 11 / Chapter 7 / Article 6.1 / Section 1025
11-1025 Liability for dog bites; owner information; military and police work; definitions
Status: in_force

11-1025. Liability for dog bites; owner information; military and police work; definitions

A. The owner of a dog that bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of its viciousness.

B. A person who owns or is responsible for the care of a dog that bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, shall provide the owner's contact information to the person who suffered the dog bite.

C. The breed of a dog may not be considered in findings of facts or conclusions of law entered by a court, administrative law judge, hearing officer, arbitrator or other legal decision-maker regarding whether a dog is aggressive or vicious or has created liability.

D. This section and section 11-1020 do not allow the bringing of an action for damages against any governmental agency using a dog in military or police work if the bite occurred while the dog was defending itself from a harassing or provoking act or assisting an employee of the agency in any of the following:

1. Apprehending or holding a suspect if the employee had a reasonable suspicion of the suspect's involvement in criminal activity.

2. Investigating a crime or possible crime.

3. Executing a warrant.

4. Defending a peace officer or another person.

E. Subsection D of this section does not apply in any case in which the victim of the bite was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act that prompted the use of the dog in the military or police work.

F. Subsection D of this section applies only if a governmental agency using a dog in military or police work has adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subsection D of this section.

G. For the purposes of this section:

1. "Aggressive" means that a dog has bitten a person or domestic animal without provocation or has a known history of attacking persons or domestic animals without provocation.

2. "Breed" means the actual or perceived breed or mixture of breeds of a dog.

3. "Provocation" means tormenting, attacking or inciting a dog and includes the standard for determining provocation prescribed in section 11-1027.

4. "Vicious" means that a dog has a propensity to attack, to cause injury to or to otherwise endanger the safety of human beings without provocation or has been found to have any of these traits after a hearing before a court of competent jurisdiction or before a hearing officer pursuant to section 11-1006.
A.R.S. § 11-213 — Arizona Code / Title 11 / Chapter 2 / Article 2 / Section 213
11-213 Election; vacancies
Status: in_force

11-213. Election; vacancies

A. At the general election for state and county officers, one supervisor shall be elected from each district from among those nominated at the preceding primary election. They shall be nominated and elected by the qualified electors of their respective districts. If a supervisor moves from the district from which he was elected his office shall at once become vacant.

B. When a vacancy occurs in the office of supervisor, the remaining supervisors, together with the clerk of the board of supervisors, shall fill the vacancy by appointment of a resident of the district in which the vacancy occurred.
A.R.S. § 11-681.07 — Arizona Code / Title 11 / Chapter 4 / Article 5 / Section 681.07
11-681.07 Payment of bonds
Status: in_force

11-681.07. Payment of bonds

A. The bonds shall be paid solely from monies from the debt service fund.

B. The county treasurer shall cancel all bonds when paid.
A.R.S. § 11-324 — Arizona Code / Title 11 / Chapter 2 / Article 9 / Section 324
11-324 Building permits; hoophouses; polyhouses; exemption; existing zoning regulations; compliance; administrative review; definitions
Status: in_force

11-324. Building permits; hoophouses; polyhouses; exemption; existing zoning regulations; compliance; administrative review; definitions

A. Notwithstanding any other law, construction of a hoophouse or polyhouse is exempt from county building permit requirements if the hoophouse or polyhouse meets all of the following requirements:

1. The structure does not have a permanent anchoring system.  The structure shall be anchored in a way that allows removal and relocation of the structure at the discretion of the property owner and in a manner that prevents unintended detachment or relocation.

2. There is no temporary or permanent storage of solvents, fertilizers, gases or other chemicals or flammable materials.

3. The structure is not wider than thirty-one feet and there is an unobstructed path of not more than one hundred fifty feet from any point to a door or fully accessible wall.

4. The covering of the structure is of material not greater than twelve mils in thickness, that conforms to the national fire protection association standard methods of fire tests for flame propagation of textiles and films (NFPA 701) and that yields approximately four pounds of maximum impact resistance to provide egress through the wall.

B. Notwithstanding subsection A of this section, if a hoophouse or polyhouse is located on a lot less than one acre in size within a residential community, a county may adopt an ordinance to regulate the structure's height above the fence line.

C. Notwithstanding subsection A of this section, if a hoophouse or polyhouse contains a device that is subject to existing county electrical or mechanical codes and regulations, a permit shall be required for the device. If the hoophouse or polyhouse is connected to a potable water system, a permit shall be required for the backflow prevention devices contained within the potable water system.

D. Notwithstanding subsection A of this section, a hoophouse or polyhouse shall comply with all height, setback and lot coverage requirements contained in the county zoning and land use regulations for detached accessory buildings or structures.

E. A county may establish an administrative review process for a hoophouse or polyhouse constructed pursuant to this section and may require a person who intends to build a hoophouse or polyhouse to submit to the county documentation that contains information regarding the construction of the hoophouse or polyhouse, including the materials being used, so the county may determine if the planned construction meets the requirements of this section.

F. For the purposes of this section:

1. "Hoophouse" or "polyhouse" means a greenhouse used exclusively for producing and storing live plants.

2. "Permanent anchoring system":

(a) Means a structurally engineered assembly of components designed to affix a structure to the ground on a permanent basis.

(b) Includes permanent foundations and anchors.
A.R.S. § 11-1435 — Arizona Code / Title 11 / Chapter 10 / Article 2 / Section 1435
11-1435 Power to perform operating agreement
Status: in_force

11-1435. Power to perform operating agreement

A. The board of directors of the nonprofit corporation has all of the powers that are necessary to perform or comply with the obligations of the board of supervisors or the sponsoring county under an operating agreement under this chapter.

B. The operating agreement, and all amendments, renewals or extensions, are exempt from the requirements of section 11-251, paragraphs 9, 18 and 58 and sections 11-256, 11-256.01, 11-256.03 and 11-291.

C. For the purposes of any covenant, condition or restriction that may apply to any real property or health system assets that are leased or transferred to a nonprofit corporation under a lease agreement, the real property and health system assets:

1. Shall be used in a manner that is consistent and complies with the applicable covenants, conditions and restrictions.

2. Are presumed to be used for county hospital purposes consistent with deed restrictions attached to the land that was conveyed to the county.
A.R.S. § 11-269.14 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 269.14
11-269.14 Prohibition on requirement of energy measuring and reporting; state preemption
Status: in_force

11-269.14. Prohibition on requirement of energy measuring and reporting; state preemption

A. A county 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 county.

C. This section does not prohibit a county 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. § 11-802 — Arizona Code / Title 11 / Chapter 6 / Article 1 / Section 802
11-802 County planning and zoning commissions
Status: in_force

11-802. County planning and zoning commissions

A. The board of supervisors of a county, in order to conserve and promote the public health, safety, convenience and general welfare and pursuant to this chapter, shall plan and provide for the future growth and improvement of its area of jurisdiction, coordinate all public improvements pursuant to the plan, form a planning and zoning commission to consult with and advise it regarding matters of planning, zoning and subdivision platting and, in the manner provided in this chapter, adopt and enforce those rules, regulations, ordinances and plans as may apply to the development of its area of jurisdiction.

B. The commission shall act in an advisory capacity to the board and may or, if requested by the board, shall make a report or recommendation in connection with any matter relating to the development of the county under the jurisdiction of the board. The commission shall make those investigations, maps, reports and recommendations in connection with those investigations, maps and reports as seem desirable within the limits of the monies available.

C. In the counties having three supervisorial districts, each county planning and zoning commission shall consist of nine members who shall be qualified electors of the county.  Three members shall be appointed from each supervisorial district by the supervisor from that district, and not more than one of the three may be a resident of an incorporated municipality. Members of the commission shall serve without compensation except for reasonable travel expenses.

D. Except as provided in subsection E of this section, in the counties having five supervisorial districts, each county planning and zoning commission shall consist of ten members who shall be qualified electors of the county.  Two members shall be appointed from each supervisorial district by the supervisor from that district.  Members shall be residents of the district from which they are appointed.  Members of the commission shall serve without compensation except for reasonable travel expenses.

E. If any supervisorial district is at least ninety per cent Indian reservation and at least ninety per cent of the district is not subject to county zoning regulations, the supervisor from the district may appoint some or all of the members to the commission from any supervisorial district in the county if there is no appointee who is willing to serve within the supervisorial district.  These appointments are subject to the limitations on residency required by subsections C and D of this section.  Members appointed to the commission pursuant to this subsection require the approval of the board.

F. In counties with a population of less than one hundred seventy-nine thousand persons, an alternate member may be appointed by the appointing supervisor for each commission member appointed pursuant to subsections C, D and E of this section to serve in the absence of that member.  Alternate members may be appointed from any supervisorial district in the county. During any meeting of the commission, if the regularly appointed member becomes available, the alternate member shall conclude any action on the agenda item under consideration and the regularly appointed member shall be seated for the remaining items.

G. The terms of the members of the commissions shall be for four years except for those initially appointed.  Of those members initially appointed pursuant to subsection C of this section, five members shall be appointed to a two year term and four members shall be appointed to a four year term.  Of those members initially appointed pursuant to subsection D of this section, five members shall be appointed to a two year term and five members shall be appointed to a four year term.  Thereafter, each term shall be four years.  If a vacancy occurs otherwise than by expiration of term, the vacancy shall be filled by appointment for the unexpired portion of the term. The board may remove members of the commission for cause.

H. On a conversion from three to five supervisorial districts pursuant to section 11-212, the board of supervisors, on expiration of the terms of members of the commission serving on the date of the conversion, shall make those appointments to fill the vacancies to conform to subsection D of this section as soon as is practicable.

I. The county assessor, county engineer, county health officer and county attorney shall serve in an advisory capacity to the commission and to the boards of adjustment.

J. The commission shall:

1. Elect a chairperson from among its members for a term of one year and those other officers as it determines.

2. By resolution fix the time and place within the district of regular meetings, hold at least one regular meeting each month when there is new official business to transact and hold additional meetings as the chairperson or a majority of the commission deems necessary.

3. Adopt rules for the transaction of business and keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record and be open to public inspection.

4. Transmit all of its recommendations, decisions, findings, reports and official actions, regardless of vote, to the board of supervisors.

K. A majority of the commission constitutes a quorum for the transaction of business and a majority vote of the quorum is required for any official action.
A.R.S. § 11-1028 — Arizona Code / Title 11 / Chapter 7 / Article 6.1 / Section 1028
11-1028 Definitions
Status: in_force

11-1028. Definitions

In this article, unless the context otherwise requires, the definitions in section 11-1001 apply.
A.R.S. § 11-284 — Arizona Code / Title 11 / Chapter 2 / Article 6 / Section 284
11-284 Sale of industrial products
Status: in_force

11-284. Sale of industrial products

A. The products of the plant shall be furnished to any board or officer of the county for the construction of any public improvement for the county, at a price based on the cost of manufacture including taxes levied to retire the bonded indebtedness. The board or officer may purchase such products without advertisement for bids and pay for them from funds available for such county work.

B. The products may also be sold, or exchanged for other materials required for public improvements, to other counties and persons, but the price when sold for private purposes shall be the same to all persons for any given quantity, and not less than the price currently being charged the board or officer of the county.
A.R.S. § 11-597 — Arizona Code / Title 11 / Chapter 3 / Article 12 / Section 597
11-597 Autopsies; reports; exemption from liability
Status: in_force

11-597. Autopsies; reports; exemption from liability

A. The county medical examiner or alternate medical examiner shall conduct a death investigation to determine whether or not the public interest requires an external examination, autopsy or other special investigation.

B. An external examination or autopsy is not required for deaths due to natural diseases that occur during surgical or anesthetic procedures unless the medical examiner or alternate medical examiner determines that an external examination or autopsy is necessary.

C. In the determination of the need for an autopsy, the county medical examiner or alternate medical examiner may consider the request for an autopsy made by private persons or public officials. If the county attorney or a superior court judge of the county where the death occurred requests an autopsy, the county medical examiner shall perform the autopsy, or, in the case of an alternate medical examiner, an autopsy shall be performed by a forensic pathologist.

D. A forensic pathologist shall perform an autopsy in cases of sudden and unexplained infant death in accordance with protocols adopted by the director of the department of health services. If the medical examiner or forensic pathologist determines that the infant died of sudden infant death syndrome, the medical examiner or forensic pathologist shall notify the department of health services. The medical examiner or forensic pathologist may retain tissue samples, specimens and other biological materials for diagnostic purposes.

E. If an autopsy is performed, a full record or report of the facts developed by the autopsy in the findings of the person performing the autopsy shall be properly made and filed in the office of the county medical examiner or the board of supervisors. If the person performing the autopsy determines that the report should be forwarded to the county where the death occurred or the county in which any injury contributing to or causing the death was sustained, the report shall be forwarded to the county attorney.

F. A county attorney may request and on request shall receive from the county medical examiner or alternate medical examiner a copy of the report on any autopsy performed.

G. The county medical examiner or alternate medical examiner may perform other tests deemed necessary to determine identity and the cause and manner of death and may retain tissues, specimens and other biological materials for subsequent examination.

H. When a death investigation, including an external examination, autopsy or other tests are performed by the county medical examiner, alternate medical examiner or a forensic pathologist, no cause of action shall lie against the physician or any other person for requesting, performing, participating in or determining the cause and manner of death or otherwise reporting the results from the external examination, death investigation, autopsy or other tests or for retaining specimens, tissues or other biological materials.
A.R.S. § 11-303 — Arizona Code / Title 11 / Chapter 2 / Article 7 / Section 303
11-303 Disposition of body of deceased indigent
Status: in_force

11-303. Disposition of body of deceased indigent

A. Upon the death of an indigent, the board shall use reasonable efforts to find a relative or friend of the deceased or an organization of which the deceased was a member in order to deliver the body to such person or organization for burial.

B. If no such relative, friend or organization is found by the board, it shall notify the department of health services as required by section 36-804.
A.R.S. § 11-1806 — Arizona Code / Title 11 / Chapter 13 / Article 1 / Section 1806
11-1806 Application processing
Status: in_force

11-1806. Application processing

A. A county shall adopt an application process and time frames for the installation, modification or replacement of utility poles or wireless support structures inside of the right-of-way or for the collocation of small wireless facilities inside of the right-of-way that comply with section 11-1605.  The application process and time frames shall be adopted within the time period beginning on August 9, 2017 and ending after the time allowed under the county's procedures adopted pursuant to section 11-1605 for the adoption of an ordinance, or ninety days after receiving the first request by a wireless provider, whichever is later.

B. An applicant is entitled to all of the rights granted in chapter 11, article 1 of this title.

C. A county may not:

1. Directly or indirectly require an applicant to perform services that are unrelated to the application, such as in-kind contributions to the county, including reserving fiber, conduit or pole space on the wireless provider's pole for the county.

2. Require an applicant to provide more information to obtain a permit than the county requires of a communications service provider that is not a wireless provider and that requests to attach facilities to a structure.

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

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

D. Issuance of a permit by a county shall allow the applicant to do both of the following:

1. Collocate the small wireless facilities or construct, install, mount, maintain, modify, operate or replace the utility pole or wireless support structure, as specified in the permit.

2. On final inspection of all work completed pursuant to the permit, subject to applicable relocation requirements and the wireless provider's right to terminate at any time, operate and maintain the small wireless facilities. A permit may not state a duration period for operation and maintenance.

E. This article does not allow a person to collocate small wireless facilities on a privately owned utility pole, a privately owned wireless support structure or private property without the consent of the property owner.
A.R.S. § 11-309 — Arizona Code / Title 11 / Chapter 2 / Article 7.1 / Section 309
11-309 Hospital enterprise; accounting; fund; administration; budget
Status: in_force

11-309. Hospital enterprise; accounting; fund; administration; budget

A. A county with a population of more than five hundred thousand persons as shown by the most recent United States decennial census may establish a hospital enterprise that may include all hospital and ambulatory care facilities, property, both tangible and intangible, and services owned, performed or provided by the county. A hospital enterprise shall be a separate unit of the county, and all revenues and expenditures of the hospital enterprise shall be accounted for as a separate unit. Notwithstanding section 36-187, subsection B, all monies received from the operation of the hospital enterprise shall be deposited in a hospital enterprise fund. All expenses of the hospital enterprise shall be paid from the hospital enterprise fund.

B. The board of supervisors of the county shall govern the hospital enterprise but may name one or more persons to administer the hospital enterprise and to direct its operations. Notwithstanding section 11-251, paragraph 9, the board of supervisors may pledge or assign any hospital improvements, additions or equipment purchased with the proceeds of any lease-purchase agreements and may take all other action or order all acts by agents, attorneys or independent contractors necessary and appropriate for the operation of the hospital enterprise and for the payment of any lease-purchase agreements.

C. A county with a hospital enterprise may incur lease-purchase agreements payable solely from the hospital enterprise fund, as augmented by the special fund authorized under subsection D of this section.

D. For each fiscal year in its annual budget prepared pursuant to title 42, chapter 17, article 3, the county may budget an amount equal to any expected shortfall between the hospital enterprise fund's expected revenues, proceeds and receipts and the hospital enterprise's expected disbursements, including disbursements for operation and maintenance expenses and payments on lease-purchase agreements, and may establish a special fund into which the county treasurer shall pay only excise tax revenues collected by the state and remitted to the county or collected by the county, unless these taxes are otherwise restricted by law to specific nonhealth care uses. The special fund may be set aside solely for the payment of operation and maintenance of the hospital enterprise and lease-purchase agreements as provided in this section. The amount of excise tax proceeds deposited in the special fund shall be determined by the board of supervisors in the annual budget. The treasurer shall transfer monies out of the special fund into the hospital enterprise fund or shall pay warrants drawn on the hospital enterprise fund with monies in the special fund whenever a shortfall exists in the hospital enterprise fund. The establishment of the special fund for any fiscal year does not obligate the county to the continued maintenance of the fund in any later fiscal year. The county treasurer shall administer the special fund as directed by the board of supervisors.

E. Lease-purchase agreements under this section may be payable over a term of not more than twenty years.
A.R.S. § 11-478 — Arizona Code / Title 11 / Chapter 3 / Article 3 / Section 478
11-478 Reproduction and microphotography of records
Status: in_force

11-478. Reproduction and microphotography of records

The county recorder may cause any or all files or records in his official custody to be microphotographed or otherwise reproduced on film as in the case of original filings or recordings or both. Every such reproduction shall be deemed and considered an original, and a transcript, exemplification or reproduction thereof may be certified to by the recorder in like manner as the original.
A.R.S. § 11-1701 — Arizona Code / Title 11 / Chapter 12 / Article 1 / Section 1701
11-1701 Definitions
Status: in_force

11-1701. Definitions

In this chapter, unless the context otherwise requires:

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

2. "Countywide residential rental property inspection program" means any program that includes systematic or periodic inspections of a majority of rental properties in the county that have not been previously found to meet the requirements of section 11-1702.

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

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

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

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

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

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

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

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

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

12. "Residential rental registration requirement" means any requirement established by a county for rental housing owners or managers to submit information to the county as already required to be submitted to the county assessor under section 33-1902.
A.R.S. § 11-935.01 — Arizona Code / Title 11 / Chapter 7 / Article 2 / Section 935.01
11-935.01 Open space land acquisition
Status: in_force

11-935.01. Open space land acquisition

The acquisition of interests or rights in real property for the preservation of open spaces or areas constitutes a public purpose for which public funds may be expended or advanced. For the purposes of this section, "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. § 11-121 — Arizona Code / Title 11 / Chapter 1 / Article 2 / Section 121
11-121 Action to determine boundary
Status: in_force

11-121. Action to determine boundary

When a dispute arises between two counties respecting the location of the boundary line between such counties, or when the boundary line between two counties is so indefinite as to make it impossible to determine where the county line is, and a portion of territory by reason of the indefinite description is claimed by two counties, either county may commence an action against the other in the supreme court for the purpose of having the boundary line determined.
A.R.S. § 11-1024 — Arizona Code / Title 11 / Chapter 7 / Article 6.1 / Section 1024
11-1024 Service animals; rights of individuals with disabilities; violation; classification; fraudulent misrepresentation; civil penalty; definitions
Status: in_force

11-1024. Service animals; rights of individuals with disabilities; violation; classification; fraudulent misrepresentation; civil penalty; definitions

A. Any person or entity that operates a public place shall not discriminate against individuals with disabilities who use service animals if the work or tasks performed by the service animal are directly related to the individual's disability. Work or tasks include assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities and helping individuals with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks.

B. It is not discriminatory to exclude a service animal from a public place if one or more of the following apply:

1. The animal poses a direct threat to the health or safety of others.

2. The animal fundamentally alters the nature of the public place or the goods, services or activities provided.

3. The animal poses an undue burden.

4. The animal is out of control and the animal's handler does not take effective action to control the animal.

5. The animal is not housebroken.

C. If a public place asks an individual to remove a service animal pursuant to subsection B of this section, the public place shall give the individual the opportunity to return and obtain goods, services or accommodations without the animal on the premises.

D. Public places may maintain a general no pets policy if it is not used to exclude service animals and if it does not grant rights to any person to bring the person's pet into a public place that otherwise does not permit pets.

E. A service animal must be under the control of the service animal's handler.

F. A service animal's handler is liable for any damage done to a public place by the service animal or service animal in training.

G. Any trainer or individual with a disability may take an animal being trained as a service animal to a public place for purposes of training it to the same extent as provided in subsections A, B and D of this section.

H. A zoo or wild animal park may prohibit a service animal, including a dog guide or service dog, from any area of the zoo or wild animal park where the service animal may come into direct contact with the animals contained in the zoo or wild animal park. Service animals shall not be excluded from public walkways or sidewalks or from any area that allows for physical barriers between the service animals, dog guides or service dogs and the animals in the zoo or wild animal park.  Any zoo or wild animal park that prohibits dog guides and service dogs shall provide without cost adequate facilities for the temporary confinement of dog guides and service dogs.  The facilities shall be adequate to accommodate the anticipated attendance of legally blind or deaf persons or persons with physical disabilities, shall be in an area not accessible to the general public, shall provide water for the dog guides and service dogs and shall otherwise be safe, clean and comfortable.  The zoo or wild animal park on request by a legally blind person who is required to leave that person's dog guide or service dog pursuant to this subsection shall provide a sighted escort if the legally blind person is unaccompanied by a sighted person.

I. The driver of a vehicle approaching a legally blind pedestrian who is carrying a cane that is predominately white or metallic in color, who is using a service animal or who is assisted by a sighted person shall yield the right-of-way and take reasonable precautions to avoid injury to the pedestrian and the service animal.  The pedestrian has the same rights as any other person whether or not the pedestrian is carrying the cane, using a service animal or being assisted by a sighted person.  Drivers shall take the same precautions with respect to pedestrians who have a disability other than blindness and their service animals.  A driver who violates this subsection is liable for damages for any injury caused to the pedestrian or the service animal.

J. Any person or entity that violates subsection A, H or I of this section is guilty of a class 2 misdemeanor.

K. A person may not fraudulently misrepresent an animal as a service animal or service animal in training to a person or entity that operates a public place.  A court or duly appointed hearing officer may impose on the person misrepresenting the animal in violation of this subsection a civil penalty of not more than two hundred fifty dollars for each violation.

L. This section is not intended to affect any civil remedies available for a violation of this section.

M. For the purposes of this section:

1. "Direct threat to the health or safety of others" means that a significant risk to the health or safety of others exists and cannot be eliminated by modification of policies, practices or procedures or by the provision of auxiliary aids or services.

2. "Discriminate" means discriminatory actions prescribed in section 41-1492.02 and includes:

(a) Refusing to permit an individual with a disability to enter a public place with a service animal or interfering with the individual's right to enter or use the public place.

(b) Failing to provide an individual with a disability the same services and access to the same areas of the premises as afforded to others.

(c) Attempting to impose a charge, fee or deposit because an individual with a disability is accompanied by a service animal.

(d) Requiring an individual with a disability to disclose disability-related information. However, a public accommodation may ask if the animal is a service animal being used because of a disability or what work or task the service animal has been trained to perform.

(e) Requiring provision of identification for the service animal.

3. "Individual with a disability" means an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of the individual.

4. "Public place" means any office or place of business or recreation to which the general public is invited, whether operated by a public or private entity and includes all forms of conveyance, including taxis, tow trucks and ambulances.

5. "Service animal" means any dog or miniature horse that is individually trained or in training to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Service animal does not include other species of animals, whether wild or domestic or trained or untrained.

6. "Under the control of the service animal's handler" means the service animal has a harness, leash or other tether, unless either the handler is unable because of a disability to use a harness, leash or other tether or the use of the harness, leash or other tether would interfere with the service animal's safe and effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control by voice control, signals or other effective means.

7. "Wild animal park" means an entity that is open to the public on a regular basis, that is licensed by the United States department of agriculture as an exhibit and that is operating primarily to conserve, propagate and exhibit wild and exotic animals.
A.R.S. § 11-1603 — Arizona Code / Title 11 / Chapter 11 / Article 1 / Section 1603
11-1603 Inspections; applicability
Status: in_force

11-1603. Inspections; applicability

A. A county 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 county 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 county during the inspection if the county 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 county 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 county 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 county contact person available to answer questions regarding the inspection.

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

C. A county 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 county 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 county 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 county inspector or regulator shall note that fact on the writing.

D. A county 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 county may provide the regulated person an opportunity to correct the deficiencies unless the county determines that the deficiencies are:

1. Committed intentionally.

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

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 county allows the regulated person an opportunity to correct the deficiencies pursuant to subsection E of this section, the regulated person shall notify the county 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 county 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 county determines the deficiencies have not been corrected within a reasonable period of time, the county may take any enforcement action authorized by law for the deficiencies.

G. A county decision pursuant to subsection E or F of this section is not an appealable county action.

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

1. Constitutes cause for disciplinary action or dismissal pursuant to chapter 2, article 10 of this title.

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

M. A county 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 county inspection that is requested and scheduled by the regulated person.
A.R.S. § 11-143 — Arizona Code / Title 11 / Chapter 1 / Article 3 / Section 143
11-143 Distribution board
Status: in_force

11-143. Distribution board

A. After the new county or counties are organized a special district governed by a distribution board is established consisting of the territory of the formerly existing affected county or counties. The function of the distribution board is to determine and accomplish the division, transfer and distribution of and payment for the property, assets, liabilities and records of the affected county or counties. The distribution board consists of two members elected at large from each new county plus the chairman of the county formation commission who shall act ex officio as the chairman of the board with the power to vote. The elective members shall be elected by nonpartisan ballot at the general election for the election of county officers pursuant to section 11-140. The names of candidates shall be placed on the general election ballot by petition pursuant to section 16-341 as it applies to county officers. The two candidates receiving the most votes in each new county are elected. If for any reason two members are not elected from a new county, the board of supervisors of the new county shall appoint a member or members as necessary so that the new county has two representatives on the distribution board. Elective members of the distribution board are entitled to compensation for their services determined pursuant to section 38-611. The chairman of the distribution board is entitled to compensation for services determined pursuant to section 11-136, subsection A. The distribution board is established and exists for two years beginning January 1 following the election of county officers pursuant to section 11-140 and terminating for all purposes from and after December 31 of the second calendar year following that election. The term of office for elective members and the chairman is for the duration of the distribution board's existence. A vacancy on the distribution board shall be filled by appointment by the respective county board of supervisors or by the governor in the case of the chairman. Elective county officers of the new counties shall provide the distribution board with necessary information and assistance to enable the distribution board to carry out its responsibilities under this section.

B. In the final annual budget of the affected county adopted pursuant to title 42, chapter 17, article 3, the board of supervisors shall include an amount for the operation of the distribution board during its first year of operation including legal, appraisal, survey and other costs. When collected, that amount shall be segregated and paid to the distribution board on the date of its organization. Taxes and federal, state and all other monies payable to the affected county after its termination and monies in the affected county's treasury shall be paid to the distribution board which shall account for the monies received according to their source. The distribution board shall pay all monies collected to the respective new county from or on behalf of which the monies were collected.

C. The distribution board shall annually estimate an amount to be levied as a tax on all the taxable property in the district to pay the distribution board's costs of administration and operation and to compensate any new county for property and other assets to which it is entitled under the terms of the transfer, division and apportionment of property as prescribed by the commission but which cannot be physically conveyed to the new county. On or before June 30 each year the distribution board shall certify to the board of supervisors of each new county the amount of taxes necessary to be levied for these purposes, and the board of supervisors shall levy and cause that amount to be collected as secondary taxes at the same time and in the same manner as levying and collecting general county taxes. The money so collected shall be paid to the distribution board which shall account for and expend the monies according to the purposes prescribed by this section. Any amounts remaining in the operating account of the distribution board on the date of its termination shall be paid to the new counties in proportion to their respective assessed valuation. Any amounts collectible by the distribution board on the date of its termination shall be collected by the respective new county in which they were assessed and paid to the state treasurer. The state treasurer shall hold these monies in trust for and pay them monthly to the respective new county on behalf of which they were collected according to the records of the distribution board.

D. The distribution board shall:

1. Establish a method to divide, apportion and assign to the respective new counties the liability for payment of any amounts which come due on account of:

(a) Bonds or other indebtedness of the affected county or counties which are outstanding or authorized when the affected county or counties are terminated.

(b) Other contracts and obligations, including employee compensation, of the affected county or counties.

(c) Indebtedness, contracts and other obligations of the distribution board.

2. Transfer, divide and apportion between the new counties all real and personal property and cash accounts of the affected county or counties as prescribed by the commission, compensating any new county for property which cannot be physically conveyed.

E. All records of an affected county shall, on its termination, be immediately transferred to the possession and custody of the distribution board. As soon as practicable the distribution board shall divide and transfer these records to the respective new county as appropriate. The records which would or should have been made in a new county, if it had been organized at the time of making the records, shall be transferred to that new county. The distribution board shall allow access to and inspection and transcription of county records by any person otherwise authorized by law to inspect or transcribe the particular records. If a transcript is made and properly verified and deposited, it has the same validity and effect as the original.

F. Before the distribution board is terminated the auditor general shall audit all of the distribution board's records and transmit the results of the audit to the board of supervisors of each new county and to the legislature. The costs of this audit shall be included in the distribution board's final budget and paid from the final tax levy for the distribution board.
A.R.S. § 11-1042 — Arizona Code / Title 11 / Chapter 7 / Article 7 / Section 1042
11-1042 Local programs; state funding appropriation and allocation
Status: in_force

11-1042. Local programs; state funding appropriation and allocation

A. The board of supervisors or the governing body of a city or town may appropriate monies and take all actions necessary to establish, operate, maintain, coordinate and fund summer youth employment and training programs for at-risk youth.

B. From the state appropriation made for purposes of this article, the department of economic security, on or before July 5 of each year, shall distribute the monies for the purpose of funding summer youth employment and training programs for at-risk youth as follows:

1. Seventeen and one-half per cent of the monies shall be distributed to counties with a population of two million persons or more.

2. Twenty-three and one-half per cent of the monies shall be distributed to any city within a county with a population of one million persons or more if the city has a population of nine hundred thousand persons or more.

3. Eleven and one-half per cent of the monies shall be distributed to any city within a county with a population of one million persons or more if the city has a population of two hundred fifty thousand persons or more but less than nine hundred thousand persons.

4. Twenty-seven and one-half per cent of the monies shall be distributed to counties with a population of one million or more but less than two million persons.

5. Twenty per cent of the monies shall be distributed to counties with a population of less than one million persons. Monies under this paragraph shall be distributed among the counties based on the proportion that the population of each county bears to the total population of all counties under this paragraph.
A.R.S. § 11-511 — Arizona Code / Title 11 / Chapter 3 / Article 5 / Section 511
11-511 Powers and duties
Status: in_force

11-511. Powers and duties

The county school superintendent shall have such powers and perform such duties as prescribed by section 15-302 and as otherwise prescribed by law.
A.R.S. § 11-863 — Arizona Code / Title 11 / Chapter 6 / Article 5 / Section 863
11-863 Contract by county and city for enforcement; rules and regulations; fees for permits
Status: in_force

11-863. Contract by county and city for enforcement; rules and regulations; fees for permits

A. Any county may contract with a city or town to provide for enforcement of such codes or rules and regulations adopted pursuant thereto.

B. The board may adopt necessary rules and regulations for the enforcement of any code adopted under this article, provided that any such rules or regulations relating to inspections shall require that such inspections be made at the earliest reasonable time.

C. The board may establish and charge reasonable fees for permits issued and inspections made pursuant to any code.
A.R.S. § 11-910 — Arizona Code / Title 11 / Chapter 7 / Article 1 / Section 910
11-910 Supervision by director of the Arizona state library, archives and public records; semiannual convention of county librarians
Status: in_force

11-910. Supervision by director of the Arizona state library, archives and public records; semiannual convention of county librarians

A. All county free libraries established under this article shall be under the general supervision of the director of the Arizona state library, archives and public records.  The director or an assistant to the director shall periodically visit the libraries and inquire into their condition.

B. The director shall twice a year call a convention of county librarians to convene at such time and place as the director deems most convenient for the discussion of questions pertaining to supervision and administration of the county free libraries, the laws relating to county free libraries and such other subjects affecting the welfare and interest of the libraries as are proper.

C. All county librarians shall attend and take part in the proceedings of the convention.
A.R.S. § 11-269.10 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 269.10
11-269.10 Parking; public service and public safety emergency vehicles; definition
Status: in_force

11-269.10. Parking; public service and public safety emergency vehicles; definition

A. Notwithstanding any provision in rule or ordinance, a county shall not prohibit a resident from parking a motor vehicle on a street or driveway in the county 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 regulated by the federal energy regulatory commission or a municipal utility and the public service corporation, 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 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, federally regulated utility or municipal utility and the vehicle bears an official emblem or other visible designation of the public service corporation, 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. For the purposes of this section, "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. § 11-904 — Arizona Code / Title 11 / Chapter 7 / Article 1 / Section 904
11-904 Contracts for third party to assume function of county free library; termination
Status: in_force

11-904. Contracts for third party to assume function of county free library; termination

A. Instead of establishing a separate county free library, the board of supervisors may enter into a contract under this section with any of the following:

1. The board of library trustees or other authority in charge of the free public library of a city or town, and the board of library trustees or other authority in charge may make such a contract.

2. The governing board of a school district.

3. The governing board of a community college district.

4. A nonprofit corporation.

B. The contract may provide that the city or town, school district, community college district or nonprofit corporation shall assume the functions of a county free library within the county, including the cities and towns therein. The board of supervisors may pay the amount agreed on in the contract to the city or town, school district, community college district or nonprofit corporation. Either party may terminate the contract by giving six months' notice of intention to do so.
A.R.S. § 11-479 — Arizona Code / Title 11 / Chapter 3 / Article 3 / Section 479
11-479 Destruction of records; requirements; exception
Status: in_force

11-479. Destruction of records; requirements; exception

A. The county recorder may destroy, under sections 41-151, 41-151.09, 41-151.11, 41-151.12, 41-151.13, 41-151.14, 41-151.15, 41-151.16, 41-151.17 and 41-151.19, all of the filed papers or record books created by handwriting, by typing on printed forms, by typewriting, by photostatic or photographic methods or by any electronic means in the recorder's official custody, except federal tax lien notices, if all of the following conditions exist:

1. The record, paper or document is photographed or reproduced by any other method under the direction and control of the county recorder on electronic media or film of a type approved for permanent record by the Arizona state library, archives and public records.

2. The device used to reproduce the record, paper or document on film or electronic media is one that accurately and legibly reproduces the original in all details.

3. The photographs or other reproductions on film or electronic media are made as accessible for public reference as the book records were.

4. A true copy of archival quality of such film or electronic media reproduction is kept in a safe and separate place for security purposes.

B. A page of any record, paper or document shall not be destroyed if any such page cannot be reproduced on film or electronic media with full legibility.  Every such unreproducible page shall be permanently preserved in a manner that will afford easy reference.
A.R.S. § 11-173 — Arizona Code / Title 11 / Chapter 1 / Article 4 / Section 173
11-173 Review of petition; order for election
Status: in_force

11-173. Review of petition; order for election

At the time specified in the notice, the board shall meet and inquire into and determine the sufficiency of the petition and the validity of the signatures thereto. If the petition is found sufficient and signed by the required number the board shall make an order directing that a special election be held to submit to the electors of the county the question of the change of the county seat, and, if so, to what place it shall be moved. The board shall fix the time of holding the election, which shall be held not less than thirty nor more than ninety days after making the order. If, however, a general election is to be held in the county within six months after making the order, the board shall order that the questions be submitted at the next general election.
A.R.S. § 11-1809 — Arizona Code / Title 11 / Chapter 13 / Article 1 / Section 1809
11-1809 Dispute resolution
Status: in_force

11-1809. Dispute resolution

A court of competent jurisdiction in this state shall determine all disputes arising under this article.
A.R.S. § 11-269.28 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 269.28
11-269.28 Food handler certificate; volunteers; exemption; definition
Status: in_force

11-269.28. Food handler certificate; volunteers; exemption; definition

A. A county may not require a person who volunteers at a school activity or function where food is being handled or served outside of the school's regular food service to students to obtain a food handler certificate or identification card or participate in a food handler certificate training course pursuant to section 11-269.12 if the person is overseen by a certified food protection manager or person in charge.

B. A county may not require a person who volunteers three or fewer times in a calendar year at an activity or function where food is being packaged or heated to obtain a food handler certificate or identification card or participate in a food handler certificate training course pursuant to section 11-269.12 if the person is overseen by a certified food protection manager or person in charge.

C. For the purposes of this section, "person in charge" means the individual present at a food establishment who is responsible for the management of the operation of the food establishment at the time of inspection.
A.R.S. § 11-637 — Arizona Code / Title 11 / Chapter 4 / Article 2 / Section 637
11-637 Effect of priority of presentment on preference of payment
Status: in_force

11-637. Effect of priority of presentment on preference of payment

Warrants are entitled to preference of payment from monies applicable to the warrants according to priority of presentment.
A.R.S. § 11-473 — Arizona Code / Title 11 / Chapter 3 / Article 3 / Section 473
11-473 Inspection of records
Status: in_force

11-473. Inspection of records

All books of record and indices in the recorder's office, and all instruments and papers on file therein, shall during office hours be open for inspection by any person, and may be inspected without charge. The recorder shall arrange the books of record and indices, or copies of the books and indices, in his office in suitable places to facilitate their inspection.
A.R.S. § 11-409 — Arizona Code / Title 11 / Chapter 3 / Article 1 / Section 409
11-409 Deputies and employees; appointment
Status: in_force

11-409. Deputies and employees; appointment

The county officers enumerated in section 11-401, by and with the consent of, and at salaries fixed by the board, may appoint deputies, stenographers, clerks and assistants necessary to conduct the affairs of their respective offices. The appointments shall be in writing.
A.R.S. § 11-254.02 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 254.02
11-254.02 Contribution for sports economic development and stadium development; limitation; definition
Status: in_force

11-254.02. Contribution for sports economic development and stadium development; limitation; definition

A. The board of supervisors of a county having a population of more than one million five hundred thousand persons according to the most recent United States decennial census may appropriate and contribute monies to any governmental agency or municipal corporation for the purpose of stadium development planning and for sports economic development activities. The total appropriations from the general fund under this section in a fiscal year shall not exceed one-half of the amount that may be appropriated by the county for economic development under section 11-254.

B. For purposes of this section, "stadium" has the meaning prescribed by section 48-4201.
A.R.S. § 11-1404 — Arizona Code / Title 11 / Chapter 10 / Article 1 / Section 1404
11-1404 Evaluation of expressions of interest
Status: in_force

11-1404. Evaluation of expressions of interest

A. The board of supervisors shall evaluate expressions of interest that are received and may award the operating agreement to a nonprofit corporation that is best qualified to perform the requirements of this chapter, except that the board of supervisors may agree to waive any organizational requirements prescribed by section 11-1405 for an existing nonprofit corporation that is otherwise qualified and that agrees to perform under and comply with the remaining provisions of this chapter.

B. If no qualified existing nonprofit corporation expresses an interest in entering into an operating agreement under this chapter, the board of supervisors may enter into an operating agreement under this chapter with a newly formed nonprofit corporation.
A.R.S. § 11-820.04 — Arizona Code / Title 11 / Chapter 6 / Article 2 / Section 820.04
11-820.04 Backyard fowl regulation; prohibition; exceptions; state preemption; definition
Status: in_force

11-820.04. Backyard fowl regulation; prohibition; exceptions; state preemption; definition

A. A county 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 county 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 county 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 and ordinances to the contrary.

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

the domestic chicken.
A.R.S. § 11-532 — Arizona Code / Title 11 / Chapter 3 / Article 6 / Section 532
11-532 Powers and duties; definition
Status: in_force

11-532. Powers and duties; definition

A. The county attorney is the public prosecutor of the county and shall:

1. Attend the superior and other courts within the county and on behalf of the state, conduct all prosecutions for public offenses.

2. Institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses when the county attorney has information that the offenses have been committed.

3. If not engaged in criminal proceedings in the superior court, attend on the magistrates in cases of arrest if required by them, and attend before and give advice to the grand jury.

4. Draw indictments and informations, defend actions brought against the county and prosecute actions to recover recognizances forfeited in courts of record and actions for recovery of debts, fines, penalties and forfeitures accruing to the state or county.

5. Deliver receipts for monies or property received in the county attorney's official capacity and file duplicate receipts with the clerk of the board.

6. On the first Monday of January, April, July and October in each year, file with the board of supervisors an account, verified by oath, of all monies received in the county attorney's official capacity during the preceding three months, and at the same time pay it to the county treasurer.

7. When required, give a written opinion to county officers on matters relating to the duties of their offices.

8. Keep a register of official business and enter in the register every action prosecuted, criminal or civil, and of the proceedings of the action.

9. Act as the legal advisor to the board of supervisors, attend its meetings and oppose claims against the county that the county attorney deems unjust or illegal.

10. Act as the attorney for school districts based on the availability of staff and if there is no conflict of interest, except as provided in section 15-343 or except in any lawsuits involving a conflict of interest with other county offices, at which time the attorney general may represent the school district.

11. Act as the attorney for the community college district based on the availability of staff and if there is no conflict of interest, except as provided in section 15-1448 or except in any lawsuits involving a conflict of interest with other county offices, at which time the attorney general may represent the community college district.

12. Defend all locally valued and assessed property tax appeals as provided in section 42-16208.

B. On receipt of an appellant's brief in a criminal appeal, the county attorney shall furnish the attorney general with a true statement of the facts in the case, together with the available authorities and citations that are responsive to the assignments or specifications of error.

C. The county attorney may represent a school district governing board member against whom an action is brought in the board member's individual capacity until it is established as a matter of law that the alleged activity or events that form the basis of the complaint were not performed, or not directed to be performed, within the scope or course of the member's duties.

D. Notwithstanding article 12 of this chapter, in connection with the investigation or prosecution of any matter involving the death of a person, the county attorney may request that the medical examiner, for the county in which the prosecution will take place, conduct the medical examination.

E. The county attorney may provide civil legal services to another county or other political subdivision of this state or an officer, employee or agency of a political subdivision of this state at the request of that county's or political subdivision's elected or appointed general counsel or pursuant to an intergovernmental agreement entered into by the county and the other political subdivision as provided in chapter 7, article 3 of this title at the request of the county attorney. Any intergovernmental agreement shall state any payment to be rendered for the services and the scope of the representation.  The county attorney may also obtain civil legal services for the county or for an officer, employee or agency of the county, from the elected or appointed general counsel of another county or other political subdivision of this state by request or pursuant to an intergovernmental agreement.

F. For the purposes of this section "general counsel" means an elected or appointed county attorney, city attorney or town attorney.
A.R.S. § 11-543 — Arizona Code / Title 11 / Chapter 3 / Article 7 / Section 543
11-543 Liability for taxes on property unassessed through negligence
Status: in_force

11-543. Liability for taxes on property unassessed through negligence

The assessor and his sureties shall be liable for all taxes on taxable property within the county which, through the neglect of the assessor, remains unassessed. The county attorney of the county shall, in such instances, sue the assessor and his sureties therefor, but not until after the assessment roll is completed.
A.R.S. § 11-264.04 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 264.04
11-264.04 Security for payment
Status: in_force

11-264.04. Security for payment

Revenues, proceeds and receipts derived from the operation of the county sewerage system are the security for the payments of the bonds issued under this article.
A.R.S. § 11-293.01 — Arizona Code / Title 11 / Chapter 2 / Article 7 / Section 293.01
11-293.01 Adult foster care program for the indigent sick; specifications
Status: in_force

11-293.01. Adult foster care program for the indigent sick; specifications

A. Each county shall establish an adult foster care program for the indigent sick within the department charged with the delivery of hospitalization and medical care for the indigent sick in the county. The adult foster care program shall be operated in conjunction with the home health services and outpatient medical services provided by the county.

B. Any person who meets the standards prescribed by the county may apply to the county for certification as an adult foster care home provider qualified to receive placement of indigent persons qualified for hospitalization and medical care pursuant to this article. An adult foster care provider shall not provide care or residence on any basis to more than four adults who are not related to the provider. A person shall not be certified as an adult foster care home provider pursuant to this section unless such person agrees to maintain standards prescribed by the county with respect to the self-administration of medications, sanitation and nutrition.

C. The county shall contract with one or more adult foster care providers certified pursuant to this section for the custodial placement of adult indigent persons who are eligible for adult foster care pursuant to section 11-293.

D. The county shall provide all necessary hospitalization and medical care for indigent persons placed pursuant to this section.
A.R.S. § 11-493 — Arizona Code / Title 11 / Chapter 3 / Article 4 / Section 493
11-493 Duties
Status: in_force

11-493. Duties

The county treasurer shall:

1. Receive all monies of the county, and other monies directed by law to be paid to the county treasurer, safely keep the monies and apply and pay the monies out, rendering account thereof as required by law.

2. Keep an account of the receipt and expenditure of the monies in books or electronic books that are provided for that purpose, in which shall be entered:

(a) The amount of monies received by the county treasurer and the time when, from whom and on what account the monies were received by the county treasurer.

(b) The amount of disbursements made by the county treasurer and the time when, to whom and on what account disbursements were made by the county treasurer.

3. Keep the county treasurer's books or electronic books so that the amount received and paid out on account of separate funds or specific appropriations are exhibited in separate and distinct accounts, and the whole receipts and expenditures shown in one general or cash account.

4. Disburse the county monies:

(a) By county warrant that is issued by the board of supervisors and that is signed by the chairman and the clerk of the board.

(b) By electronic transfer with written authorization from a person designated by the governing board.

(c) As provided by law.
A.R.S. § 11-583 — Arizona Code / Title 11 / Chapter 3 / Article 11 / Section 583
11-583 Private practice of civil and criminal law prohibited; exception; limitation
Status: in_force

11-583. Private practice of civil and criminal law prohibited; exception; limitation

A. The public defender and his full-time deputies shall not engage in the private practice of law, except:

1. Such prohibition shall not apply to part-time deputies, except that in no instance shall part-time deputies engage in any private litigation in which the county or an officer thereof in his official capacity is a party.

2. Deputy county public defenders may, but in no circumstances shall be required to, represent private clients in pro bono, private civil matters under the following circumstances:

(a) The representation will be conducted exclusively during off hours or while on leave and the attorney will not receive any compensation for such services.

(b) The client is not seeking an award of attorney fees for the services.

(c) The services are for an individual in need of personal legal services who does not have the financial resources to pay for the professional services or for a nonprofit, tax exempt charitable organization formed for the purpose of providing social services to individuals and families.

(d) The representation will not interfere with the performance of any official duties.

(e) The subject matter of pro bono representation is outside of the area of practice to which the attorney is assigned in the public defender's office and the activity will not appear to create a conflict of interest.

(f) The activity will not reflect adversely on this state, the county or any of their agencies.

(g) The deputy county public defender's position will not influence or appear to influence the outcome of any matter.

(h) The activity will not involve assertions that are contrary to the interest or position of this state, the county or any of their agencies.

(i) The activity does not involve a criminal matter or proceeding or any matter in which this state or the county is a party or has a direct or substantial interest.

(j) The activity will not utilize resources that will result in cost to this state, the county or any of their agencies.

(k) The attorney's supervisor may require the attorney to submit a prior written request to engage in pro bono work which includes a provision holding the agency harmless from any of the work undertaken by the attorney.

Notwithstanding any provision of law or rule to the contrary, representation by an attorney of a pro bono client shall not disqualify the office from subsequently participating in any action affecting the client.

B. The public defender shall not during his incumbency defend or assist in the defense of, or act as counsel for, any person accused of any crime in any county except as provided in this article unless authorized by the board of supervisors to enter into an intergovernmental agreement with another county pursuant to chapter 7, article 3 of this title.
A.R.S. § 11-264.02 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 264.02
11-264.02 Bonds; legal investments
Status: in_force

11-264.02. Bonds; legal investments

Bonds issued pursuant to this article are legal investments for all banks, trust companies and insurance companies organized and operating under the laws of this state.
A.R.S. § 11-645 — Arizona Code / Title 11 / Chapter 4 / Article 2 / Section 645
11-645 Warrants, substitute checks and electronic funds transfers unpaid for lack of monies; interest; notice; reissued warrants; definitions
Status: in_force

11-645. Warrants, substitute checks and electronic funds transfers unpaid for lack of monies; interest; notice; reissued warrants; definitions

A. Notwithstanding sections 11-635 and 11-636, this section applies to each county treasurer of a county in this state that has a population of two million or more persons.

B. If a revolving line of credit has not been obtained for a political subdivision or if the revolving line of credit has been spent and if there are insufficient monies in the issuer's account, the county treasurer may invest in the warrant, substitute check or electronic funds transfer prescribed in section 35-323, subsection A, paragraph 7. If the county treasurer does not invest in the presented warrant, substitute check or electronic funds transfer, the county treasurer shall notify the servicing bank that the warrant or substitute check will not be paid for lack of monies and from that time until there are sufficient monies to pay the original warrant, the original warrant may not bear more than ten percent interest per year.  If a physical warrant is not presented to the county treasurer but the county treasurer receives an electronic notice that the warrant was issued, the treasurer shall notify the servicing bank that the warrant will not be paid for lack of monies, and from that time until there are sufficient monies to pay the original warrant, the original amount of the warrant may not bear more than ten percent interest per year.

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

D. If there are sufficient monies in the treasury to pay the warrants drawing interest and registered pursuant to this section, the county treasurer shall notify the issuing entity of the availability of the monies. The monies shall be placed in a clearing fund or other appropriate fund that is agreed on by the county treasurer and district.  The issuing entity shall issue new warrants that include the original principal amount and any accrued interest, and notify the county treasurer of the warrant numbers, amounts and payees.

E. If only part of the warrants presented on the same day are payable, the county treasurer shall designate the payable warrants and notify the issuing entity of the warrants to be paid and the warrants to be registered.

F. A warrant that is reissued pursuant to this section shall be processed pursuant to section 11-644.

G. For the purposes of this section:

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

2. "Warrant" has the same meaning prescribed in section 9-249 and includes a record from which an electronic funds transfer may be made.
A.R.S. § 11-269.01 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 269.01
11-269.01 Compensation for loss of property value
Status: in_force

11-269.01. Compensation for loss of property value

In addition to the procedures established for the taking of property by eminent domain under title 12, chapter 8, article 2, a board of supervisors may establish, by ordinance or for individual cases, procedures to compensate property owners for any reduction in value of or negative impact on property as a result of a county ordinance, regulation or other activity.
A.R.S. § 11-372 — Arizona Code / Title 11 / Chapter 2 / Article 12 / Section 372
11-372 Vote on bond issues
Status: in_force

11-372. Vote on bond issues

When the board of supervisors of a county determines to borrow money under the provisions of this article, the question of issuing bonds under this article shall be submitted to the qualified electors of the county.  No bonds shall be issued without the assent of a majority of such qualified electors voting at an election held for that purpose as provided in this article.
A.R.S. § 11-307 — Arizona Code / Title 11 / Chapter 2 / Article 7.1 / Section 307
11-307 Issuance of bonds; negotiability; investment; definition
Status: in_force

11-307. Issuance of bonds; negotiability; investment; definition

A. A governing body of any county, city or town may issue bonds for and on behalf of the county, city or town to provide funds to construct, purchase or lease, as lessee, any health care institution. The bonds shall be payable solely from the revenues of the issuer received from the payment of leases or purchase agreements for the lease or sale of the health care institution constructed, purchased or leased, as lessor, by the issuer.

B. Bonds issued under this article shall be fully negotiable within the meaning and for all purposes of title 44. They may be in one or more series which may be secured by revenues from the lease or sale of one or more health care institutions, may bear such dates, may be payable in such medium of payment, at such places, may carry such registration privileges, shall be executed in such manner, contain such terms, covenants and conditions and shall be in such form, either coupon or registered, as the governing body may by resolution prescribe. The bonds shall be payable at one time, or from time to time in such manner and in such maturities no longer than forty years from their date as the governing body may prescribe. The bonds may be additionally secured by reserve or sinking funds which may either be capitalized in whole or in part from bond proceeds or accumulated over the term of the bonds from pledged revenues. Any or all of the bonds may be callable at such times, on such terms and in such manner as the governing body by resolution may prescribe. The bonds may be refunded by the issuance of refunding bonds either at or in advance of maturity, but the mere issuance of refunding bonds shall never be construed to advance the maturity or change stated call dates of the bonds being refunded. The bonds shall bear such rate or rates of interest as the governing body may provide and may be sold above, at, or below par at either public or private sale. The issuer may assign its interest in any or all of the leases, purchase contracts, reserve or sinking funds securing any issue or series of bonds to a bank or trust company doing business in this state as an indenture trustee. The resolution of the governing body authorizing the issuance of the bonds may contain such covenants, conditions and provisions as deemed necessary to secure the bonds.

C. Bonds issued under the provisions of this article shall be legal investments for all banks, trust companies and insurance companies organized and operating under the laws of this state. The bonds and interest thereon shall be paid solely in accordance with their terms and shall not be obligations general, special or otherwise of this state. Such bonds shall not constitute a legal debt of this state and shall not be enforceable against the state. The issuer shall not in any event be liable for the payment of the principal of or interest on the bonds from any source of revenues other than those pledged for the payment of the bonds. The bonds shall never be construed to constitute an indebtedness of the issuer within the meaning of any constitutional or statutory provisions whatsoever.

D. For purposes of this article, the term "health care institutions" shall include but not be limited to land, buildings, aircraft and ground vehicles reasonably necessary to conduct an ambulance service.
A.R.S. § 11-563 — Arizona Code / Title 11 / Chapter 3 / Article 9 / Section 563
11-563 Private work prohibited
Status: in_force

11-563. Private work prohibited

The county engineer shall not during his term of office engage in private engineering or surveying, except by permission of the board of supervisors, or be a member of a firm so engaged.
A.R.S. § 11-202 — Arizona Code / Title 11 / Chapter 2 / Article 1 / Section 202
11-202 County as corporate body; name
Status: in_force

11-202. County as corporate body; name

A. Each county is a body politic and corporate, possessing all the powers expressly provided in the constitution or laws of this state and such powers as are necessarily implied therefrom.

B. The name of the county designated in article 1, chapter 1 of this title is its corporate name by which it shall be known and designated in all actions and proceedings.
A.R.S. § 11-1431 — Arizona Code / Title 11 / Chapter 10 / Article 2 / Section 1431
11-1431 Purposes of the nonprofit corporation
Status: in_force

11-1431. Purposes of the nonprofit corporation

The board of supervisors may enter into an operating agreement only with a nonprofit corporation with articles of incorporation or bylaws that provide that the primary purposes of the corporation under this chapter are to:

1. Provide quality, cost-effective health care services for individuals, families and communities residing, employed or located, as applicable, in the sponsoring county and elsewhere.

2. Act as a provider of health care services for compensation.

3. Assume the responsibility for managing, maintaining and operating health system assets that are transferred to the corporation pursuant to a lease agreement.

4. Provide health care to the public.

5. Promote public health.

6. Support and facilitate medical and public health research and clinical education for health care professionals.
A.R.S. § 11-831 — Arizona Code / Title 11 / Chapter 6 / Article 4 / Section 831
11-831 Review of land divisions; definitions
Status: in_force

11-831. Review of land divisions; definitions

A. The board of supervisors of each county may adopt ordinances and regulations pursuant to this section for staff review and approval of land divisions of five or fewer lots, parcels or fractional interests, any of which is ten acres or smaller in size.  The county may not deny approval of any land division that meets the requirements of this section.  If a review of the request is not completed within thirty days after receiving the request, the land division is considered to be approved.  At its option, the board of supervisors may submit a ballot question to the voters of the county to allow the voters to determine the application of subsections B and C of this section to qualifying land divisions in that county.

B. An application to split a parcel of land shall be approved if:

1. The lots, parcels or fractional interests each meet the minimum applicable county zoning requirements of the applicable zoning designation.

2. The applicant provides a standard preliminary title report or other acceptable document that demonstrates legal access to the lots, parcels or fractional interests.

3. The applicant provides a statement from a licensed surveyor or engineer, or other evidence acceptable to the county, stating whether each lot, parcel or fractional interest has physical access that is traversable by a two-wheel drive passenger motor vehicle.

4. The applicant reserves the necessary and appropriate utility easements to serve each lot, parcel or fractional interest created by the land division.

5. The applicant signs an affidavit or similar document under oath acknowledging the following:

(a) The applicant is aware that it is unlawful pursuant to subsection F of this section and section 32-2181, subsection D for a person or group of persons to attempt to avoid these sections or the subdivision laws of this state by acting in concert to divide a parcel of land into six or more lots or parcels.

(b) The applicant is aware that the county where the land division occurred or the state real estate department may investigate and enforce the prohibition against acting in concert to unlawfully divide a parcel of land into six or more lots or parcels.

C. An application to split a parcel of land that does not comply with one or more of the items listed in subsection B of this section shall still be approved if the applicant provides an acknowledgment that is signed by the applicant and that confirms that a building or use permit will not be issued by the county until the lot, parcel or fractional interest has met the requirements of subsection B of this section.  The county may grant a variance from one or more of the items listed in subsection B of this section.

D. Any approval of a land division under this section may:

1. Include the minimum statutory requirements for legal and physical on-site access that must be met as a condition to issuing a building or use permit for the lots, parcels or fractional interests.

2. Identify topographic, hydrologic or other site constraints, requirements or limitations that must be addressed as conditions to the eventual issuance of a building or use permit. These constraints, requirements or limitations may be as noted by the applicant or through county staff review, but there shall be no requirement for independent studies.

E. If the requirements of subsections A through D of this section do not apply, a county may adopt ordinances and regulations pursuant to this chapter for staff review of land divisions of five or fewer lots, parcels or fractional interests but only to determine compliance with minimum applicable county zoning requirements and legal access and may grant waivers from the county zoning and legal access requirements.  The county may not deny approval of any land division that meets the requirements of this section or if the deficiencies are noticed in the deed.  A county may not require a public hearing on a request to divide five or fewer lots, parcels or fractional interests.  If a review of the request is not completed within thirty days after receipt of the request, the land division shall be deemed approved. If legal access is not available, the legal access does not allow access by emergency vehicles or the county zoning requirements are not met, the access or zoning deficiencies shall be noticed in the deed. If a county by ordinance requires a legal access of more than twenty-four feet roadway width, the county is responsible for the improvement and maintenance of the improvement. If the legal access does not allow access to the lots, parcels or fractional interests by emergency vehicles, neither the county nor its agents or employees are liable for damages resulting from the failure of emergency vehicles to reach the lot, parcel or fractional interest.

F. It is unlawful for a person or group of persons acting in concert to attempt to avoid this section or the subdivision laws of this state by acting in concert to divide a parcel of land into six or more lots or sell or lease six or more lots by using a series of owners or conveyances.  Either the county where the division occurred or the state real estate department pursuant to title 32, chapter 20, but not both, may enforce this prohibition.  A familial relationship alone is not sufficient to constitute unlawful acting in concert.

G. For any subdivision that consists of ten or fewer lots, tracts or parcels, each of which is of a size as prescribed by the board of supervisors, the board of supervisors of each county may waive the requirement to prepare, submit and receive approval of a preliminary plat as a condition precedent to submitting a final plat and may waive or reduce infrastructure standards or requirements except for improved dust-controlled access and minimum drainage improvements.

H. For the purposes of this section:

1. "Legal access" means a public right of vehicular ingress and egress between the lots, parcels or fractional interests being created.

2. "Minimum applicable county zoning requirements" means the minimum acreage and dimensions of the resulting lot, parcel or fractional interest as required by the county's zoning ordinance.

3. "Utility easement" means an easement of eight feet in width dedicated to the general public to install, maintain and access sewer, electric, gas and water utilities.
A.R.S. § 11-104 — Arizona Code / Title 11 / Chapter 1 / Article 1 / Section 104
11-104 Cochise county
Status: in_force

11-104. Cochise county

Cochise county, the county seat of which is Bisbee, is bounded as follows:

Commencing at a point six miles south of where the east line of range eighteen east intersects the second standard parallel south, thence running south to a point on the south boundary line of the San Ignacio del Babacomari land grant approximately one-half mile east of that point where the east line of range eighteen east intersects the said south boundary line of said land grant; thence west along the south line of said land grant to the aforesaid point of intersection with the east line of range eighteen east; thence south to the international boundary line between the state of Arizona and the Republic of Mexico; thence east along such boundary line to the southeast corner of the state of Arizona; thence north along the boundary line between the state of Arizona and the state of New Mexico, to a point six miles south of where such boundary line is intersected by the second standard parallel south; thence west to a point six miles south of the point where the east line of range eighteen east intersects the second standard parallel south, the place of beginning.
A.R.S. § 11-820.02 — Arizona Code / Title 11 / Chapter 6 / Article 2 / Section 820.02
11-820.02 Assisted living homes; distance requirements; administrative procedure; notice; definition
Status: in_force

11-820.02. Assisted living homes; distance requirements; administrative procedure; notice; definition

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

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

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

D. For the purposes of this section, "assisted living home" has the same meaning prescribed in section 36-401.
A.R.S. § 11-602 — Arizona Code / Title 11 / Chapter 4 / Article 1 / Section 602
11-602 Expense fund; estimate of expenses; transfer of funds; retransfer of excess
Status: in_force

11-602. Expense fund; estimate of expenses; transfer of funds; retransfer of excess

A. The board of supervisors shall create a fund known as the expense fund, and shall order, when necessary, the transfer of money into such fund from the general fund of the county sufficient to pay the expenses of maintaining the government of the county until additional revenues may be collected to defray such expenses.

B. Before making the order the board shall make an estimate of the amount required, for what purpose, and the amount available for the purposes of such fund from taxes or otherwise, and when the estimate is made, shall enter the whole of the itemized estimate in the minutes of the board.

C. The county treasurer shall make the transfer when ordered by the board, and pay from the expense fund orders drawn thereon by the board for the maintenance of the county government. The orders shall be drawn and signed as county warrants. The board shall not issue an order on the fund until there is sufficient money therein to pay and redeem the order. Orders shall be issued on the fund in the order of their allowance by the board.

D. If at any time the board believes there is more money in the expense fund than necessary to pay the expenses of maintaining the government of the county, it shall make an order directing the treasurer to transfer such excess to the general fund of the county, and the treasurer shall make the transfer so ordered. The money so retransferred shall be available for redemption of outstanding warrants against the county.
A.R.S. § 11-1434 — Arizona Code / Title 11 / Chapter 10 / Article 2 / Section 1434
11-1434 Operating agreement; required provisions
Status: in_force

11-1434. Operating agreement; required provisions

A. An operating agreement under this chapter shall include the following provisions:

1. The nonprofit corporation's assumption of responsibility for managing, maintaining and operating the health system assets that are leased or transferred pursuant to the lease agreement.

2. The nonprofit corporation's assumption, beginning on the transfer date, of responsibility for, and responsibility to defend, indemnify and hold the sponsoring county harmless with respect to, all or some liabilities relating to the health system assets that are leased or transferred to the corporation as stated in the lease agreement. This assumption may include liabilities accruing before, on or after the transfer date.

3. An agreement by the nonprofit corporation to continue to provide health care to the public, including indigent persons, as one of its primary missions.

4. The nonprofit corporation's undertaking, covenants and indemnification to the sponsoring county against all actions, activities and consequences that may arise out of or relate to any actions taken by the nonprofit corporation pursuant to the lease agreement.

B. An operating agreement under this chapter may include provisions requiring the nonprofit corporation to:

1. Obtain the approval of the board of supervisors of any business transaction by the corporation that may materially and adversely affect the sponsoring county's interests.  The agreement shall specify with particularity the type and nature of the transactions that require prior approval of the board of supervisors.

2. Notify the board of supervisors before amending all or part of the corporation's articles of incorporation or bylaws. The articles of incorporation and bylaws may not be amended to remove the requirement prescribed by subsection A, paragraph 3 of this section.

3. Pay all or part of the costs of the board of supervisors that are related to the conveyance and transition of the county health system to the nonprofit corporation.

4. Provide or continue to provide services and programs to the communities and populations served by the county health system.

C. The sponsoring county and nonprofit corporation may also agree in writing to:

1. Any other arrangements, including indemnifications, that they consider appropriate and prudent with respect to the transition of county health system operations to the corporation.

2. Any other provision that is not inconsistent with this chapter or the operating agreement, including contracts for the provision by the sponsoring county or the nonprofit corporation of goods, services and facilities in support of the community health system.

D. Notwithstanding any other law, at its discretion the sponsoring county may agree to provide grants to the nonprofit corporation.

E. Section 42-17106 does not apply to any promise, undertaking, covenant or agreement that is contained in the operating agreement and that commits a sponsoring county to compensate the nonprofit corporation for performing the county's primary function of providing health care services to the indigent. Any such promise, undertaking, covenant or agreement is a lawful long-term contract for all purposes of the constitution and laws of this state.
A.R.S. § 11-817 — Arizona Code / Title 11 / Chapter 6 / Article 2 / Section 817
11-817 Transfer of development rights; definitions
Status: in_force

11-817. Transfer of development rights; definitions

A. The board of supervisors may establish procedures, methods and standards for the transfer of development rights within its jurisdiction.  Any proposed transfer of all or any portion of the development rights of a sending property to a receiving property is subject to the written approval and consent of the property owners of both the sending property and the receiving property. A county may not condition a change of zone on a property owner's consent to or other participation in a proposed transfer of development rights, except that a change of zone may be required to implement a development agreement if it is voluntarily entered into by a property owner or owners with a county for the transfer of development rights concurrently with the county's approval of the change of zone.  Before any transfer of development rights, a county shall adopt an ordinance providing for:

1. The establishment, execution and recordation of instruments to sever development rights transferred from the sending property and to affix the development rights to the receiving property.  The instruments shall be executed by the property owners of the sending and receiving property and any lienholders.

2. The preservation of the characteristics of the sending property lending to the transfer of development rights and assurance that any of the prohibitions against particular uses or development of the sending property determined to be necessary to preserve the characteristics shall bind the property owner and every successor in interest to the property.

3. A delay before transfer of development rights to a receiving property after the severance of transferable development rights from a sending property.

4. The purchase, sale, exchange or other conveyance of transferable development rights before the rights are affixed to a receiving property.

5. Procedures for monitoring the severance, ownership and transfer of transferable development rights.

6. Appropriate public participation procedures for each type of transaction.

7. Use of development agreements as an option for implementation.

B. The resulting density or intensity of land use of the receiving property shall conform to the adopted comprehensive plan, as amended, if applicable.  If a plan amendment is required before the transfer, the plan amendment shall not be considered a major plan amendment.

C. A county's area of jurisdiction includes land in a high noise or accident potential zone, in order to facilitate development in the high noise or accident potential zone that conforms to the compatible uses prescribed in section 28-8481, subsection J, the county may approve the transfer of development rights and enter into intergovernmental agreements with any city or town or other county.

D. The board of supervisors may authorize the transfer of development rights from unincorporated areas of a county to a municipality pursuant to an intergovernmental agreement.

E. For the purposes of this section:

1. "Ancillary military facility" has the same meaning prescribed in section 28-8461.

2. "Development rights" means the maximum development that would be allowed on the sending property under the adopted comprehensive plan, the specific plan, if any, or the zoning ordinance, whichever provides greater density or intensity of use or, if applicable, both, in effect on the date the county adopts an ordinance pursuant to subsection A of this section, respecting the permissible use, area, bulk or height of improvements made to one or more lots or parcels.  Development rights may be calculated and allocated pursuant to factors including dwelling units, area, floor area, floor area ratio, height limitations, traffic generation or any other criteria that will quantify a value for the development rights in a manner that will carry out the objectives of this section.

3. "High noise or accident potential zone" has the same meaning prescribed in section 28-8461.

4. "Military airport" has the same meaning prescribed in section 28-8461.

5. "Receiving property" means one or more lots or parcels within which development rights are increased under the adopted comprehensive plan, the specific plan, if any, or the zoning ordinance, whichever provides greater density or intensity of use or, if applicable, both, in effect before a transfer of development rights and an amendment to the adopted comprehensive plan, specific plan or zoning ordinance, or a rezone of the property, whichever is required to implement the increase in development rights.  The receiving property shall be suitable for development that includes the transferred development rights consistent with the adopted comprehensive plan, as amended, if applicable.  Receiving property does not include lots or parcels that are partially or wholly located within, or that include, a high noise or accident potential zone of a military airport or an ancillary military facility.

6. "Sending property" means one or more lots or parcels that are partially or wholly located within, or that include, a high noise or accident potential zone of a military airport or an ancillary military facility, a floodplain, natural habitat, geologic features, recreation area or parkland, or land that has unique aesthetic, architectural or historic value, that a county determines is appropriate and necessary to restrict against particular uses or future development that would impair or preclude preservation of the characteristic or characteristics of the property or to protect the public because of health or safety concerns.

7. "Transfer of development rights" means the process by which development rights from one or more sending properties are affixed to one or more receiving properties.
A.R.S. § 11-1941 — Arizona Code / Title 11 / Chapter 14 / Article 4 / Section 1941
11-1941 Management of highways; counties; permits or licenses
Status: in_force

11-1941. Management of highways; counties; permits or licenses

A. In managing a highway under local laws described in section 11-1911, subsection C, paragraph 9, a county may manage the use of the highway including all of the following:

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

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

3. Limiting installation of new aerial facilities.

B. If a video service provider requests a permit or inspection, the county shall grant or deny the request within the time frame that the county has in place under section 11-1605.

C. If emergency response work or repair becomes necessary in, on, under or over any highway, a video service provider may begin that work or repair without prior approval from a county if the video service provider notifies the county as promptly as reasonably possible after learning that the work or repair is necessary.
A.R.S. § 11-820.01 — Arizona Code / Title 11 / Chapter 6 / Article 2 / Section 820.01
11-820.01 Restriction on regulation; private schools
Status: in_force

11-820.01. Restriction on regulation; private schools

A county may not adopt or enforce a land use regulation that requires the property on which a nongovernmental primary or secondary school operates to be larger than one acre.
A.R.S. § 11-1101 — Arizona Code / Title 11 / Chapter 8 / Article 1 / Section 1101
11-1101 Development agreements
Status: in_force

11-1101. Development agreements

A. A county, by resolution or ordinance, may enter into development agreements relating to property located outside the incorporated area of a city or town.

B. The development agreement shall be between the county and a landowner or any other person having an interest in real property and may specify or otherwise relate to any of the following:

1. The duration of the agreement.

2. The permitted uses of property subject to the agreement.

3. The density and intensity of uses and the maximum height and size of proposed buildings within the property.

4. Provisions for reservation or dedication of land for public purposes and provisions to protect environmentally sensitive lands.

5. Provisions for preservation and restoration of historic structures.

6. The phasing or time of construction or development on the property.

7. Conditions, terms, restrictions, financing and requirements for public infrastructure and subsequent reimbursements over time.

8. Conditions, terms, restrictions and requirements relating to the county's intent to form a special taxing district pursuant to title 48.

9. Conditions of sewer services.

10. Any other matters relating to the development of the property.

C. A development agreement shall be consistent with the county comprehensive plan adopted pursuant to chapter 6, article  1 of this title and applies to the property on the date the development agreement is executed.

D. A development agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the development agreement or by their successors in interest or assigns.

E. Within ten days after a development agreement is executed, the county shall record a copy of the agreement with the county recorder, and the recordation constitutes notice of the development agreement to all persons. The burdens of the development agreement are binding on, and the benefits of the development agreement inure to, the parties to the agreement and to all of their successors in interest and assigns.

F. Section 32-2181, subsection I does not apply to development agreements under this section.

G. Notwithstanding any other law, a county may provide by resolution or ordinance for public safety purposes, and with the written consent of an owner of property that has entered into a development agreement pursuant to this section, for the application and enforcement of speed limits, vehicle weight restrictions or other safety measures on a private road that is located in any development outside the corporate boundaries of a city or town and that is open to and used by the public. The county may require payment from the property owner of the actual cost of signs for speed limits or other restrictions applicable on the private road before their installation.
A.R.S. § 11-1135 — Arizona Code / Title 11 / Chapter 8 / Article 2 / Section 1135
11-1135 Transmitting affidavit or data to county assessor, Arizona state library, archives and public records and department of revenue
Status: in_force

11-1135. Transmitting affidavit or data to county assessor, Arizona state library, archives and public records and department of revenue

A. The county recorder shall:

1. Place the fee or recording number of the deed and the date of recording on the original affidavit.

2. Scan the affidavit and transmit an electronic copy to the department and the Arizona state library, archives and public records, and transmit either the original or an electronic copy of the original to the county assessor.

B. The county assessor shall transmit the data contained within the affidavit to the department.

C. The county shall transmit the original affidavit, when no longer in active use, to the Arizona state library, archives and public records.
A.R.S. § 11-1005 — Arizona Code / Title 11 / Chapter 7 / Article 6 / Section 1005
11-1005 Powers and duties of board of supervisors
Status: in_force

11-1005. Powers and duties of board of supervisors

A. Each county board of supervisors may:

1. Designate or employ a county enforcement agent. If such designation or employment is not made, the county sheriff shall be the county enforcement agent, but nothing in this article shall be deemed to prevent the county board of supervisors from designating or employing a county enforcement agent at any time it is deemed necessary or advisable.

2. Provide the county enforcement agent with such personnel and equipment as are necessary to enforce this article and the rules adopted under this article.

3. Contract with any city or town to enforce the provisions of any ordinance enacted by such city or town for the control of dogs if the provisions are not specific to any breed.

4. For the unincorporated areas of the county, by ordinance, regulate, restrain and prohibit the running at large of dogs, except dogs used for control of livestock or while being used or trained for hunting.

5. For the unincorporated areas of the county, by ordinance, regulate, restrain and prohibit the excessive and unrestrained barking of dogs.

6. Establish either:

(a) Criminal penalties not to exceed the penalties for a class 2 misdemeanor for violation of an ordinance adopted pursuant to paragraph 4 or 5 of this subsection.

(b) Civil penalties for violations of an ordinance adopted pursuant to paragraph 4 or 5 of this subsection, not to exceed five hundred dollars for each violation.

B. Fines received for violation of an ordinance adopted with a criminal penalty pursuant to subsection A, paragraph 6, subdivision (a) of this section shall be deposited in a special, permanent, nonlapsing and nonreverting county fund to be used solely for the operation of the county enforcement agency.

C. Each county board of supervisors may establish pound fees for impounding and maintaining animals at the county pound or any pound used by the county.

D. The county board of supervisors shall be responsible for declaring a rabies quarantine area within its jurisdiction on a recommendation of the county board of health or the local health department. If a rabies quarantine area is declared, the county board of supervisors shall meet with the county board of health and the county enforcement agent and institute an emergency program for the control of rabies within that area provided that any regulations restricting or involving the movement of livestock within that area shall be developed by the state veterinarian.
A.R.S. § 11-175 — Arizona Code / Title 11 / Chapter 1 / Article 4 / Section 175
11-175 Petition to place city or town on ballot; designation of site for courthouse required
Status: in_force

11-175. Petition to place city or town on ballot; designation of site for courthouse required

The name of a city or town in the county shall be printed upon the ballot if there has been filed at least twenty days before the election a petition signed by qualified electors of the county equal in number to at least five per cent of the total number of votes cast within the county for governor at the last preceding general election, praying that the name of such city or town be placed on the ballot. Before the name of a city or town may be printed on the ballot, the chief officer and governing body of the city or town shall file with the board a statement signed by the chief officer designating one or more sites for the proposed courthouse, which shall be in or conveniently near the city or town, and shall describe the area of each site and the price at which each can be obtained, together with an offer from the owner agreeing to sell at such price. If any such city or town is chosen as the county seat, the board shall purchase one of the sites so designated, if suitable for construction of the courthouse, at a price not exceeding the sum mentioned in the statement.
A.R.S. § 11-681.01 — Arizona Code / Title 11 / Chapter 4 / Article 5 / Section 681.01
11-681.01 Authorization of county judgment bonds
Status: in_force

11-681.01. Authorization of county judgment bonds

A. The board of supervisors may issue negotiable bonds pursuant to this article in such principal amount as, in the opinion of the board is necessary to:

1. Provide sufficient monies for any county judgment purpose.

2. Pay necessary bond related expenses.

3. Establish and fully or partially fund any reserves or sinking accounts established by the bond resolution.

4. Issue refunding bonds if the board considers refunding to be expedient.  The board may provide for investing and holding the proceeds of the refunding bonds in trust for the benefit of the holders of the bonds being refunded.

5. Refund any bonds issued pursuant to this article if the bonds are secured from the same source of revenues as the bonds authorized in this article by issuing new bonds, whether the bonds to be refunded have or have not matured.

6. Issue bonds partly to refund outstanding bonds and partly for any county judgment purpose consistent with this article.

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

1. The manner and method of sale.

2. The rate or rates of interest, which may be fixed or variable, the date or dates on which interest is payable and the denominations of the bonds.

3. The date or dates of the bonds and maturity.

4. The manner of executing the bonds.

5. The medium and place of payment.

6. The terms of redemption, which may provide for a premium for early redemption.
A.R.S. § 11-264.06 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 264.06
11-264.06 Acquisition of sewerage system from municipality; retirement of related bonds of municipality
Status: in_force

11-264.06. Acquisition of sewerage system from municipality; retirement of related bonds of municipality

If a county authorized to operate a sewerage system pursuant to section 11-264 acquires all or any portion of a sewerage system from any incorporated city or town, which sewerage system or portion thereof has been constructed, acquired or improved with proceeds from bonds of any type issued by such city or town, the acquiring county shall provide to the city or town sufficient funds to provide for payment of all principal and interest on any of such bonds remaining outstanding and unpaid as the same becomes due. Until the total amount due or to become due on such bonds has been provided to the incorporated city or town, the acquiring county shall prescribe sewer connection and service charges, and shall revise them when necessary, so that the sewerage system shall produce revenues sufficient to pay the following:

1. Bonds, and interest thereon, issued by the county pursuant to the authority granted in section 11-264.01.

2. Expenses of operation, maintenance, repair and replacement of facilities.

3. Bonds, and interest thereon, issued to construct, acquire or improve the sewerage system by the incorporated city or town from which the county acquired the facilities.
A.R.S. § 11-475 — Arizona Code / Title 11 / Chapter 3 / Article 3 / Section 475
11-475 Fees; exemptions
Status: in_force

11-475. Fees; exemptions

A. The county recorder shall receive the following fees:

1. For recording papers required or authorized by law to be recorded, if the fee is not otherwise specified in this section, $30 per instrument.

2. For recording papers to which the United States, this state or a political subdivision of this state, including cities, towns and irrigation, drainage and electrical districts, is a party, when recorded at the request of the United States, this state or the political subdivision, $15 per instrument.

3. For preparing and certifying copies of a record in the recorder's office, $1 for each page or partial page. In addition for attaching the recorder's certificate and seal, $3.

4. For issuing a certificate pursuant to section 47-9523, $10 for each name, plus $1 for each financing statement or statement of assignment reported therein.

B. The fees provided in subsection A, paragraphs 1 and 2 of this section include the amount charged pursuant to section 11-475.01.

C. Notwithstanding subsection A, paragraph 3 of this section, the recorder shall prepare and furnish copies and certifications at one-half of the established fee when requested by any state agency for official purposes.

D. The county recorder shall not receive a fee for performing the duties prescribed by this section for an office, agency or department of the county where the document is to be recorded. This exemption shall apply only when the fees would otherwise be paid from public monies.

E. Notwithstanding any other law, the county recorder shall not receive a fee for performing the duties prescribed by this section or any act necessary to record or release a restitution lien filed pursuant to section 13-806 or any lien necessary to enforce a support order.
A.R.S. § 11-681.05 — Arizona Code / Title 11 / Chapter 4 / Article 5 / Section 681.05
11-681.05 Lien of pledge
Status: in_force

11-681.05. Lien of pledge

A. Any pledge made under this article is valid and binding from the time when the pledge is made.

B. The monies pledged and received by the board to be placed in the debt service fund are immediately subject to the lien of the pledge without any future physical delivery or further act.  Any lien of any pledge is valid and binding against all parties who have claims of any kind against the county, regardless of whether the parties have notice of the lien. The official resolution or trust indenture or any instrument by which this pledge is created, when adopted by the board, is notice to all concerned of the creation of the pledge, and those instruments need not be recorded in any other place to perfect the pledge.
A.R.S. § 11-251.03 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 251.03
11-251.03 Records center; contents; open to inspection
Status: in_force

11-251.03. Records center; contents; open to inspection

A. The board of supervisors may establish a central records center for the preservation, storage and handling of all records required by law to be kept by county officers and justices of the peace.

B. In any county having a central records center, all county officers and justices of the peace shall deliver to the board of supervisors public records in their custody that are:

1. Required by law to be kept.

2. Of legal, administrative, historical or other value as determined pursuant to section 41-151.19.

3. Required to be delivered by the rules adopted by the director of the Arizona state library, archives and public records.

C. County officers and justices of the peace may make and retain copies of records necessary for those officers to perform the duties of their office.

D. Public records in a central records center shall be open to public inspection and be preserved in the manner prescribed by law.
A.R.S. § 11-1437 — Arizona Code / Title 11 / Chapter 10 / Article 2 / Section 1437
11-1437 Transfer of county employees
Status: in_force

11-1437. Transfer of county employees

A. The operating agreement:

1. Shall include provisions to ensure that all employees of the county health system are considered for employment by the nonprofit corporation.

2. May include provisions with respect to the transfer of county health system employees, including appropriate arrangements for hiring preferences, employee seniority, rates of pay, benefits, accrued leave and retirement benefits and for financial adjustments and settlements.

B. The nonprofit corporation shall allow employees chosen to perform services under the operating agreement who have ten or more years of credited service with the county health system as of the transfer date and employees who are within four years of becoming eligible for retirement benefits under the Arizona state retirement system as of the transfer date to remain at their option as employees of the sponsoring county on loan to the corporation for purposes of membership in the Arizona state retirement system for up to four years. The corporation shall pay all costs incurred by the county to implement this subsection. The sponsoring county may pay any amounts received from the corporation under this subsection to the Arizona state retirement system regardless of whether the county budgeted the expenditure pursuant to section title 42, chapter 17, article 3. All amounts received by the county from the corporation under this subsection are considered to be held by the county as a custodian pursuant to article IX, section 20, subsection (3), paragraph (d), subdivision (iii), Constitution of Arizona.

C. This chapter shall not be construed to require the nonprofit corporation to employ any employee of the county or the county health system.
A.R.S. § 11-867 — Arizona Code / Title 11 / Chapter 6 / Article 5 / Section 867
11-867 State preemption; utilities; restrictions; prohibition; limitation; definition
Status: in_force

11-867. State preemption; utilities; restrictions; prohibition; limitation; definition

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

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

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

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

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

F. For the purposes of this section, "utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user.
A.R.S. § 11-914 — Arizona Code / Title 11 / Chapter 7 / Article 1 / Section 914
11-914 Gift, bequest or devise to county free library; title to property
Status: in_force

11-914. Gift, bequest or devise to county free library; title to property

A. The board of supervisors acting as the board of directors of the county free library district may receive, on behalf of the county, any gift, bequest or devise for the county free library, or for any branch or subdivision thereof.

B. The title to the property used by the county free library district shall be vested in the district except that if the property is owned by a nonprofit corporation prior to the effective date of this section, it shall remain the property of the nonprofit corporation.
A.R.S. § 11-251.18 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 251.18
11-251.18 Adoption of rules; procedures; exemptions; definitions
Status: in_force

11-251.18. Adoption of rules; procedures; exemptions; definitions

A. The board of supervisors shall adopt procedures for the adoption, amendment, repeal and enforcement of rules.

B. The procedures shall contain at least the following provisions for the county department that is proposing the change:

1. The department shall provide at least two weeks' notice of a meeting at which the public is able to provide comments on the draft language of the proposed rule. The notice shall include the entire text of the draft proposed rule and it shall be made available to the public. The department shall accept written or verbal comments on the draft language.

2. The department shall provide at least two weeks' notice of a meeting at which the final text of the proposed rule is considered by the board of supervisors. The notice shall include the entire text of the final version of the proposed rule and it shall be made available to the public. At least one week before the meeting, the department shall provide the public with the department's written responses to written public comments and may provide written responses to verbal comments.

3. The department shall provide the board of supervisors with copies of the public comments and the department's written responses to the public comments.  If as a result of public comments or internal review, the board of supervisors determines that the text of a proposed rule requires substantial change, the board of supervisors shall issue a supplemental notice containing the changes to the proposed rule and shall provide for additional public comment before adoption.

C. Notwithstanding this section, the board of supervisors may provide alternative procedures for the adoption of a rule if the board makes a finding that an emergency exists and adoption of the rule is necessary to protect the public health, safety or welfare, to avoid an imminent budget reduction or to avoid serious prejudice to the public interest.  Within a reasonable time after adopting an emergency rule, the board of supervisors shall review the emergency rule to determine whether the rule should continue in effect or be terminated.

D. Notwithstanding this section, the board of supervisors may provide alternative procedures for the adoption of a rule if the rule is required by state or federal law or regulation, and the basis for the requirement to adopt the rule is not the result of delay or inaction by the board of supervisors.

E. Notwithstanding this section, the board of supervisors may provide alternative procedures for the expedited adoption, amendment or repeal of a rule if the expedited rulemaking does not increase the cost of regulatory compliance or reduce the procedural rights of regulated parties.

F. A rule cannot be enforced without substantial compliance with this section, except those rules that were approved by the board of supervisors before July 3, 2015.

G. The department may provide the notices required by this section on the department's website.

H. The department may meet informally with any interested party for the purpose of discussing any proposed rule.

I. This section does not apply to:

1. Ordinances adopted or amended by the board of supervisors pursuant to section 11-251.05, chapter 6, article 2 of this title, title 42 or title 43.

2. Substantive policy statements.

3. Procedural documents that only affect the internal procedures of the county and that do not impose additional requirements, conditions or penalties on regulated parties.

4. Use or adoption of any form whose contents or substantive requirements are consistent with an ordinance or statute, and any procedures for the execution or use of the form.

5. A county function, power or duty that is established pursuant to title 49, chapter 3, article 3.

6. County subdivision regulations pursuant to chapter 6, article 3 of this title.

J. For the purposes of this section:

1. "Department" means any county department or agency or any other unit of county government.

2. "Rule" means a county statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of a county. Rule includes prescribing fees or the amendment or repeal of an existing rule but does not include intra-agency memoranda that are not delegation agreements.
A.R.S. § 11-254 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 254
11-254 Contribution for economic development
Status: in_force

11-254. Contribution for economic development

In addition to any other provision of law, the board of supervisors may appropriate from the general fund each year up to one million five hundred thousand dollars for the purpose of economic development activity which is operated and maintained within the boundaries of the county and which the board determines is for the benefit of the public. Contributions may be made to any governmental agency or to a nonprofit corporation which enjoys and maintains federal tax exempt status as long as all monies are utilized for the purpose determined to be public by the board. If more than one nonprofit corporation is selected for a fiscal year, the board shall determine the portion of the money that each will receive.
A.R.S. § 11-681.10 — Arizona Code / Title 11 / Chapter 4 / Article 5 / Section 681.10
11-681.10 Characteristics of bonds; negotiable; obligation; legal investments; exemption from taxation
Status: in_force

11-681.10. Characteristics of bonds; negotiable; obligation; legal investments; exemption from taxation

A. Subject to any registration requirements, the bonds issued under this article are fully negotiable within the meaning and for all purposes of the uniform commercial code regardless of whether the bonds actually constitute negotiable instruments under the uniform commercial code.

B. The bonds, their transfer and the income from the bonds are at all times free from taxation in this state.

C. Bonds issued under this article:

1. Are payable only according to their terms.

2. Are obligations of the county, and are not general, special or other obligations of this state.

3. Do not constitute a general obligation debt of this state or of the county.

4. Are not enforceable against this state or the county nor is payment of the bonds enforceable out of any monies other than the revenue pledged and assigned to, or in trust for the benefit of, the holder or holders of the bonds.

5. Are government obligation securities suitable for investment by:

(a) Public officers and bodies of this state and of counties, municipalities and other political subdivisions of this state.

(b) Insurance companies, associations and other persons carrying on an insurance business.

(c) Financial institutions, investment companies and other persons carrying on a banking business.

(d) Fiduciaries.

(e) All other persons who are authorized to invest in government obligations.

6. Are securities that may be deposited with public officers or bodies of this state and counties, municipalities and other political subdivisions of this state for purposes that require the deposit of government bonds or obligations.
A.R.S. § 11-322 — Arizona Code / Title 11 / Chapter 2 / Article 9 / Section 322
11-322 Violations; classification
Status: in_force

11-322. Violations; classification

Any person who fails to obtain a building permit when one is required under this article or who violates any other provision of this article shall be guilty of a petty offense.
A.R.S. § 11-1406 — Arizona Code / Title 11 / Chapter 10 / Article 1 / Section 1406
11-1406 Conflicts of interest
Status: in_force

11-1406. Conflicts of interest

Section 38-511 does not apply to this chapter, the nonprofit corporation or an operating agreement entered into under this chapter unless a person who was directly responsible for reaching a settlement of terms or making a recommendation for action to the board of supervisors with respect to the agreement, or who was a member of the board of supervisors at the time of any action by the board of supervisors to approve the establishment of the nonprofit corporation or enter into or modify the operating agreement, is an employee or agent of the nonprofit corporation in any capacity or a consultant to the corporation with respect to the subject matter of the operating agreement.
A.R.S. § 11-214 — Arizona Code / Title 11 / Chapter 2 / Article 2 / Section 214
11-214 Regular and special meetings
Status: in_force

11-214. Regular and special meetings

Regular meetings of the board shall be held in the county on a working day or days of each month designated by the board. The board shall notify the public of the location and the day or days designated. Special meetings may be called by a majority of the board, or by the chairman. At least five days' notice of the special meeting shall be given to any member not joining in the call.
A.R.S. § 11-1808 — Arizona Code / Title 11 / Chapter 13 / Article 1 / Section 1808
11-1808 Scope of local authority
Status: in_force

11-1808. Scope of local authority

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

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

C. This article does not authorize this state or any political subdivision of this state, including a county, to require small wireless facility deployment or to regulate wireless services.
A.R.S. § 11-114 — Arizona Code / Title 11 / Chapter 1 / Article 1 / Section 114
11-114 Santa Cruz county
Status: in_force

11-114. Santa Cruz county

Santa Cruz county, the county seat of which is Nogales, is bounded as follows:

Commencing on the international boundary line between the United States and the Republic of Mexico, at the point where the eastern line of range eighteen east of the Gila and Salt River Guide meridian touches the international boundary line; thence north along the eastern line of range eighteen east to a point where said line intersects the south boundary line of the San Ignacio del Babacomari land grant; thence east along the south line of said land grant approximately one-half mile, to a point due south of the intersection of the east line of range eighteen east with the north boundary line of the San Ignacio del Babacomari land grant; thence north through the aforesaid intersection point on the north line of said land grant along the eastern line of range eighteen east to a point six miles north of the fourth standard parallel south; thence due west forty-two miles to the intersection of the line between ranges eleven and twelve east, such point being near the Bustamante ranch as it existed in the year 1899 on Sopori creek; thence due south fourteen miles; thence due west twelve miles to a point; thence due south to said international boundary line; thence easterly along said international boundary line to the place of beginning.
A.R.S. § 11-875 — Arizona Code / Title 11 / Chapter 6 / Article 6 / Section 875
11-875 Clean burning fireplace ordinance
Status: in_force

11-875. Clean burning fireplace ordinance

A. By December 31, 1998, a county that contains any portion of area A as defined in section 49-541 shall adopt, implement and enforce an ordinance that complies with the clean burning fireplace standards adopted by the metropolitan planning organization that is responsible for air quality planning in area A. A county that contains any portion of area A as defined in section 49-541 that has a population of less than one million two hundred thousand persons according to the most recent United States decennial census shall adopt, implement and enforce the ordinance only in those portions of the county which are located in area A. The ordinance shall prohibit the installation or construction of a fireplace or wood stove in area A unless it is one of the following:

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

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

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

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

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

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

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

C. The ordinance may provide for exemptions from regulation for heating or industrial equipment, cooking devices and outdoor fireplaces.
A.R.S. § 11-256 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 256
11-256 Lease or sublease of county lands and buildings; exceptions
Status: in_force

11-256. Lease or sublease of county lands and buildings; exceptions

A. The board may lease or sublease, for a term not to exceed twenty-five years plus an option to renew for an additional period not exceeding twenty-five years, any land or building owned by or under the control of the county.

B. An appraiser who is licensed or certified pursuant to title 32, chapter 36 shall determine the rental valuation of such land or building, except that an appraisal is not required for the lease of any land or building that has a rental value of $5,000 or less per month if the value of the land or building has been justified by a market analysis that is based on comparable sales or rentals.

C. Such land or building shall be leased or subleased at a public auction to the highest responsible bidder, provided that the amount of bid is at least ninety percent of the rental valuation as determined by the appraiser or the market analysis, and subject to such other terms and conditions as the board may prescribe.

D. Notice of a proposed lease or sublease shall be given by publication, once each week for four consecutive weeks, in a newspaper of general circulation in the county. The notice shall state the period and all material conditions of the proposed lease, and the day on which the auction will be held, which shall be not less than thirty days after last publication of the notice.

E. Notwithstanding subsections C and D of this section the board may lease properties without public auction under the following conditions:

1. The board posts a notice in a conspicuous place on the affected property.  The notice shall summarize the proposed lease and shall provide information on the process for an interested person to request that proposed action be submitted to public auction. The notice shall be posted for at least fifteen days before the execution of the lease.

2. The board posts a notice on the board's website that specifies the affected property, summarizes the proposed lease and provides information on the process for an interested person to request that the proposed action be submitted to public auction. The notice shall be posted on the website for at least fifteen days before the execution of the lease.

3. The board publishes in the local newspaper where the board regularly publishes notices at the beginning of the fifteen-day posting period a summary of the proposed lease that provides information on the process for an interested person to request that the proposed action be submitted to public auction.

4. The board establishes a process that allows an interested person to request in writing that the proposed lease be submitted to public auction.  If during the fifteen-day posting period a person requests that the proposed lease be submitted to public auction the board shall follow the procedures set forth in this section.

5. The rental value of the property is less than $5,000 per month.

F. Subsections C and D of this section do not apply to leases granting a leasehold interest to a person or entity that owned, leased or otherwise possessed the property to be leased immediately before purchase or acquisition by the county or to other persons or entities leasing property for a term that would expire within four years after the purchase or acquisition by the county. A lease entered into pursuant to this subsection shall be for at least ninety percent of, but not more than, the appraised rental valuation or market analysis determined pursuant to subsection B of this section.

G. This section is supplementary to and not in conflict with other statutes governing or regulating powers of boards of supervisors.
A.R.S. § 11-105 — Arizona Code / Title 11 / Chapter 1 / Article 1 / Section 105
11-105 Coconino county
Status: in_force

11-105. Coconino county

Coconino county, the county seat of which is Flagstaff, is bounded as follows:

Commencing at the point where the boundary line between Utah and Arizona, being approximately the thirty-seventh parallel of north latitude and the meridian of one hundred ten degrees forty-five minutes west longitude intersect; thence south along such meridian to the Mogollon Rim; thence westerly along the Mogollon Rim, and the northern boundary of Gila county to the east line of range seven east, Gila and Salt River Guide meridian; thence north on such range line to the fourth standard parallel north; thence west on such parallel to the east line of range five east; thence north on such range line to the north line of township eighteen north; thence west on such line to the Gila and Salt river meridian; thence north on such meridian to the fifth standard parallel north; thence west on such parallel to the east line of range two west; thence north on such line to a point one mile north of the center of the right-of-way of the Atchison, Topeka & Santa Fe railway as it existed in 1891; thence westerly in a line one mile north of and parallel with the center of such right-of-way to the meridian one hundred thirteen degrees twenty minutes west longitude, as defined by the Mohave-Yavapai county boundary survey of 1908; thence north along such meridian line as defined to the point where such meridian line intersects the Colorado river; thence up the centerline of the Colorado river to the mouth of Kanab creek; thence up Kanab creek to a point where such creek intersects the boundary line between Utah and Arizona, being approximately the thirty-seventh parallel of north latitude; thence east along such boundary to its intersection with the meridian of one hundred ten degrees forty-five minutes west longitude, the place of beginning.
A.R.S. § 11-1912 — Arizona Code / Title 11 / Chapter 14 / Article 2 / Section 1912
11-1912 Incumbent cable operator; election on local license; procedure to obtain uniform video service license and terminate local license
Status: in_force

11-1912. Incumbent cable operator; election on local license; procedure to obtain uniform video service license and terminate local license

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

1. Continue to operate within a service area as defined in the local license pursuant to section 11-1913.

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

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

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

2. The incumbent cable operator shall operate within the service area defined in the local license unless the incumbent cable operator elects under section 11-1914, subsection C to apply for a uniform video service license for a service area that consists of the boundaries of the county.
A.R.S. § 11-705 — Arizona Code / Title 11 / Chapter 5 / Article 1 / Section 705
11-705 Annual budget
Status: in_force

11-705. Annual budget

A. Not later than June 30 each year the board of directors shall hold a public hearing to adopt and submit to the board of supervisors a budget for the following fiscal year which shall include:

1. Receipts during the past fiscal year.

2. Expenditures during the past fiscal year.

3. Estimates of amounts necessary for administration and operation expenses during the following fiscal year including amounts proposed for:

(a) Recurring items of expense.

(b) Capital items.

(c) Unanticipated contingencies and emergencies.

(d) Events to be promoted by the authority in the following fiscal year.

4. Anticipated revenue to the authority in the following fiscal year.

5. A complete asset and liability statement.

6. A statement of profit or loss from operations.

7. Cash on hand as of the date the budget is adopted and the anticipated balance at the end of the current fiscal year.

8. An itemized statement of commitments, reserves and anticipated obligations for the following fiscal year.

9. The amount budgeted for scholarships.

B. The budget may be amended during the year to account for unanticipated revenues received after the budget is adopted.
A.R.S. § 11-109 — Arizona Code / Title 11 / Chapter 1 / Article 1 / Section 109
11-109 Maricopa county
Status: in_force

11-109. Maricopa county

Maricopa county, the county seat of which is Phoenix, is bounded as follows:

Commencing at a point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Atwood survey of 1918, intersects the second standard parallel south, being the northwest corner of Pima county; thence north on such survey line and along the east boundaries of Yuma and La Paz counties to the point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as surveyed, intersects the thirty-fourth parallel north latitude, as defined by the Thompson survey of 1924; thence east on the thirty-fourth parallel north latitude, as defined, and along the southern boundary of Yavapai county to the point where the Hassayampa river intersects such parallel; thence southeast in a direct line following the Thompson survey of 1924 to a point in the Agua Fria river two miles southerly and below the mouth of Humbug creek; thence northerly up the Agua Fria river to a point two miles southerly and below the place where the residence of J. W. Swilling stood on January 31, 1877; thence easterly in a direct line following the Thompson survey of 1924 to the point where the thirty-fourth parallel north latitude, as defined by such survey, intersects the Verde river; thence east on such parallel to the point where the parallel as surveyed intersects the summit of the Mazatzal range of mountains; thence southerly along the summit of the Mazatzal range of mountains to the point where such range of mountains intersects the centerline of the Salt river; thence easterly up the Salt river to the mouth of Tonto creek; thence southerly in a direct line toward a mountain known as the "Water Shed," and along the western boundary of Gila county to the point where such line and boundary intersects the north line of township one north; thence west on the north line of township one north and along the northern boundary of Pinal county to the point where such line intersects the eastern line of range seven east; thence south on the eastern line of range seven east to the point where such line intersects the southern line of township two south; thence west on such line to the point where such line intersects the Gila river; thence northerly and westerly down the Gila river to the point where the river intersects the eastern line of range one east, being the northwest corner of Pinal county; thence south on such line to the point where such line intersects the second standard parallel south, being the southwest corner of Pinal county; thence west on such parallel to the point where it intersects the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Atwood survey of 1918, being the place of beginning.
A.R.S. § 11-379 — Arizona Code / Title 11 / Chapter 2 / Article 12 / Section 379
11-379 Expansion of pledge; effect on prior elections; refunding bonds; conflict of interest
Status: in_force

11-379. Expansion of pledge; effect on prior elections; refunding bonds; conflict of interest

A. All bonds issued pursuant to this article, whether before or after October 24, 1981, shall be paid from, and may hereafter be secured by a pledge of, all revenues received by the county issuing the bonds, from taxes, fees, charges and other monies collected by the state and returned to such county for street and highway purposes pursuant to title 28, chapter 18, article 2 and section 42-6107.

B. Whenever the board of supervisors of any county determines that the best interests of such county will be served by the issuance of refunding bonds in order to refund bonds secured by the pledge of revenues received pursuant to title 28, chapter 18, article 2 and section 42-6107, the board of supervisors may issue refunding bonds on behalf of the county to refund the bonds theretofore issued pursuant to this article. Such refunding bonds shall be payable at such dates and in such amounts as the board of supervisors by resolution may decide, shall be secured by a pledge of all monies received pursuant to title 28, chapter 18, article 2 and section 42-6107, shall bear interest at a rate of not to exceed nine per cent, and in all other respects the form and character of the refunding bonds shall conform with the provisions of section 11-377. The refunding bonds may be sold at public or private sale at the price the board of supervisors deems to be the best price available therefor, which price may be below, at or above par, or the refunding bonds may be exchanged for a like amount of bonds being refunded, with all unmatured coupons attached thereto, or the refunding bonds or proceeds from the sale of the refunded bonds may be exchanged for a sufficient amount of cash to pay all legal, financial and all other expenses incurred by the county in the issuance of the bonds plus obligations issued by or guaranteed by the United States of America, which obligations with interest thereon will provide sufficient monies to pay, when due or called for prior redemption at the option of the county, all refunded bonds and the coupons appertaining thereto and any redemption premiums, if applicable. The board of supervisors may provide that any securities acquired from refunded bond proceeds or from exchange of the refunding bonds for the United States government securities be delivered to a bank or trust company doing business in this state to act as trustee or escrow agent to protect the rights of the holders of the refunded bonds.  The board of supervisors may execute such trust or escrow agreements as it sees fit to protect the rights of the holders of the refunded bonds and may also pay the fees, costs and expenses of such trustee or escrow agent and also all legal, financial paying agent's fees or charges and all other costs incidental to the issuance of the refunding bonds, either from refunding bond proceeds or from monies received pursuant to title 28, chapter 18, article 2 and section 42-6107.

C. Notwithstanding title 38, chapter 3, article 8 or any other law, it shall not be a conflict of interest for the holder of any bond authorized by this article, or for a person contracting with the issuing county to purchase any such bond, to offer to sell or exchange, to contract to sell or exchange, or to sell or exchange any federal government securities or obligations to the county to be used for the purposes set forth in subsection B of this section, nor shall it be a conflict of interest for any trustee, escrow agent or paying agent to purchase for the trustee, escrow agent or paying agent account or for the account of another any bond issued under authority of this article.
A.R.S. § 11-1409 — Arizona Code / Title 11 / Chapter 10 / Article 1 / Section 1409
11-1409 County responsibility for indigent sick
Status: in_force

11-1409. County responsibility for indigent sick

This chapter does not relieve a county of its statutory residual responsibility relating to the indigent sick pursuant to section 11-291.
A.R.S. § 11-301 — Arizona Code / Title 11 / Chapter 2 / Article 7 / Section 301
11-301 Discharge of patient capable of self-support; violation; classification
Status: in_force

11-301. Discharge of patient capable of self-support; violation; classification

A. A person admitted to the hospital shall be permitted to remain there so long as he is sick or has a disability or unable to earn a livelihood, and no longer. The contractor or superintendent shall discharge from the hospital every person as soon as he is restored to health and strength sufficient to support himself.

B. A contractor or person having charge of the hospital who knowingly permits a person to remain in the hospital at the expense of the county after he is restored to health and strength is guilty of a class 2 misdemeanor.
A.R.S. § 11-1133 — Arizona Code / Title 11 / Chapter 8 / Article 2 / Section 1133
11-1133 Affidavit of legal value
Status: in_force

11-1133. Affidavit of legal value

A. Each deed evidencing a transfer of title and any contract relating to the sale of real property shall have appended at the time of recording an affidavit of the seller and the buyer to the transaction, or the agent of either the seller or buyer, or both, in a form approved by the department of revenue, who shall declare and jointly certify the following information:

1. The name and address of the buyer and seller.

2. The name and address where a tax statement may be sent.

3. The complete legal description of the property.

4. The situs address, if any, of the property.

5. The date of sale.

6. The total consideration paid for the property, the amount of cash down payment and whether or not the type of financing included cash, a new third party loan, a new loan from the seller, an assumption of an existing loan or an exchange or trade of property.

7. Whether or not the estimated market value of personal property received by the buyer equals five per cent or more of the total consideration.

8. The assessor's parcel number or numbers assigned to the real property by the county assessor or, in the case of a new parcel or parcels not yet assigned a parcel number, the parcel number or numbers of the previous parcel or parcels from which the new parcel or parcels are created.

9. The conditions of the transaction including the relationship, if any, of the parties.

10. The use and description of the property and, in the case of a residential dwelling, whether the property is to be owner-occupied or rented.

11. The name and address of the person to contact regarding information contained on the affidavit.

B. If a beneficiary of a foreclosed trustee's deed receives payment based on private mortgage insurance covering the sale that is in addition to the proceeds of the sale, the beneficiary shall submit, in a form approved by the department of revenue, to the county recorder in the county where the property is located within four months after the date of the trustee's sale a beneficiary's declaration of additional funds received that contains the following:

1. The county assessor's parcel number or numbers assigned as of the date of the trustee's sale.

2. The name and address of the beneficiary submitting the declaration.

3. The date of the trustee's sale.

4. The highest bid amount received by the trustee at the trustee's sale.

5. The recording number of the trustee's deed on sale.

6. The amount of any additional compensation received by the beneficiary within three months after the date of the trustee's sale.

C. The county recorder shall refuse to record any deed and any contract relating to the sale of real property if a complete affidavit of legal value is not appended unless the instrument bears a notation indicating an exemption pursuant to section 11-1134.

D. An affidavit is complete for purposes of this section if all of the required information is stated on the affidavit form or is indicated on the

form as "not applicable".
A.R.S. § 11-1432 — Arizona Code / Title 11 / Chapter 10 / Article 2 / Section 1432
11-1432 Lease of health system assets to nonprofit corporation
Status: in_force

11-1432. Lease of health system assets to nonprofit corporation

A. As part of the operating agreement, the board of supervisors of the sponsoring county may agree to lease health system assets to the nonprofit corporation for purposes prescribed in section 11-1402.

B. If the board of supervisors leases the health system assets to the corporation, the board of supervisors may convey, sell or otherwise transfer title to any of those health system assets, including personal property and improvements to real property, except that:

1. The sponsoring county shall retain title to any fee interest in the land underlying any conveyed improvements.

2. The lease agreement, including any amendments, renewals or extensions of the lease agreement, remains binding and effective according to its terms regardless of ownership of any health system assets.

C. If, under the lease agreement, any of the health system assets or operations are conveyed to the nonprofit corporation, they are presumed to have been conveyed for their current fair market value.
A.R.S. § 11-592 — Arizona Code / Title 11 / Chapter 3 / Article 12 / Section 592
11-592 County medical examiner; alternate medical examiners; fund; notification
Status: in_force

11-592. County medical examiner; alternate medical examiners; fund; notification

A. The board of supervisors of each county may appoint a forensic pathologist to the position of medical examiner. The medical examiner shall receive compensation as determined by the board of supervisors.

B. If the board of supervisors determines that the appointment of a medical examiner is not practicable, the board of supervisors shall designate one or more alternate medical examiners who need not be residents of the county.  An alternate medical examiner shall perform the duties of a medical examiner except all autopsies shall be performed by a forensic pathologist.

C. If the board of supervisors designates one or more alternate medical examiners, the board may establish a county fund and shall pay expenses incurred by alternate medical examiners in the performance of their duties and for the cost of cases referred to a forensic pathologist.

D. The sheriff of the county is responsible for notifying an alternate medical examiner to direct a death investigation.
A.R.S. § 11-419 — Arizona Code / Title 11 / Chapter 3 / Article 1 / Section 419
11-419 County salaries
Status: in_force

11-419. County salaries

A. In counties having a population of five hundred thousand or more persons, the following annual salaries shall be paid to county officers:

Annual Salary     Annual Salary

Through     Beginning

Officer       December 31, 2024   January 1, 2025

Attorney             $123,678       $143,678

Assessor                    76,600        96,600

Recorder                     76,600        96,600

Sheriff                     100,824        120,824

Superintendent

of schools        76,600        96,600

Supervisor                   76,600        96,600

Treasurer                    76,600        96,600

B. In counties having a population of less than five hundred thousand persons, the following annual salaries shall be paid to county officers:

Annual Salary     Annual Salary

Through     Beginning

Officer       December 31, 2024   January 1, 2025

Attorney             $123,678       $143,678

Assessor                    63,800        83,800

Recorder                     63,800        83,800

Sheriff                     100,824        120,824

Superintendent

of schools        63,800        83,800

Supervisor                   63,800        83,800

Treasurer                    63,800        83,800

C. Each of the officers named in subsections A and B of this section, other than the board of supervisors and the county attorney, may appoint a chief deputy who shall receive an annual salary agreed on by the board of supervisors and the officer appointing the deputy.

D. The county attorney shall devote full time to the county attorney's official duties and shall not engage in the private practice of law.  The county attorney shall appoint a chief deputy who shall receive an annual salary agreed on by the board of supervisors and the officer appointing the chief deputy.

E. In any county included under subsection B of this section, a chief deputy county attorney shall not be appointed unless authorized by the board of supervisors who may authorize or prohibit the chief deputy from engaging in the private practice of law. The annual salary of the chief deputy shall be in an amount agreed on by the county attorney and the board of supervisors.

F. In case of a vacancy in office of any elected county officer included in subsections A and B of this section, the salary of the person appointed to fill such vacancy shall be the same for the balance of the unexpired term as that being paid the previous officeholder.
A.R.S. § 11-806 — Arizona Code / Title 11 / Chapter 6 / Article 1 / Section 806
11-806 Rural planning areas; rural planning zones; formation
Status: in_force

11-806. Rural planning areas; rural planning zones; formation

A. In counties with a population of less than five hundred thousand persons, the board of supervisors shall receive petitions to form a rural planning area that are signed by persons who own real property in any specific portion of the county outside the corporate boundaries of any cities and towns.  Owners of a majority of the acres of real property in the proposed planning area must sign the petition.  Participation in the rural planning area is voluntary, and any person may withdraw real property owned by the person from the planning area. The board of supervisors shall encourage voluntary participation in the planning area and shall aid the planning areas in providing a sound factual and policy basis for planning. The recommendations of rural planning areas shall emphasize voluntary, nonregulatory incentives for compliance and accommodation of continuing traditional rural and agricultural enterprises.  Rural planning areas shall transmit their recommendations to the board of supervisors for its consideration for inclusion in the county comprehensive plan.

B. In any county with a population of less than five hundred thousand persons, any cities and towns and the county sharing a multijurisdictional area with a combined population of more than fifty thousand but less than one hundred thousand persons, according to the most recent office of economic opportunity estimates, may voluntarily form rural planning zones to develop coordinated and comprehensive regional plans.
A.R.S. § 11-1439 — Arizona Code / Title 11 / Chapter 10 / Article 2 / Section 1439
11-1439 Limitation of county liability
Status: in_force

11-1439. Limitation of county liability

A. Debts and other liabilities of the nonprofit corporation are not liabilities or responsibilities of the sponsoring county. Unless expressly authorized by this chapter:

1. Public monies of the county shall not be appropriated to pay the debts or obligations of the corporation.

2. A garnishment, attachment or execution shall not be levied or issued against the sponsoring county for the benefit of any creditor or judgment creditor of the nonprofit corporation whether or not the corporation's obligation accrues by operation of law, contract or tortious act by the corporation or its agents or employees.

B. The nonprofit corporation is not considered to be the alter ego of the sponsoring county, except as specifically permitted by this chapter. A creditor or judgment creditor of the corporation may not pierce the corporate veil of the corporation to seek monetary damages from the sponsoring county.
A.R.S. § 11-1041 — Arizona Code / Title 11 / Chapter 7 / Article 7 / Section 1041
11-1041 Definitions
Status: in_force

11-1041. Definitions

In this article, unless the context otherwise requires:

1. "At-risk youth" means children who are eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen or eighteen years of age at the time they begin receiving services pursuant to this article and who are one or more of the following:

(a) Identified by a law enforcement agency or juvenile court as in need of services provided pursuant to this article.

(b) Identified by a school as at risk of failing or dropping out.

(c) From a family whose annual income is below one hundred fifty per cent of the federal poverty income guideline as determined and published by the United States office of management and budget.

2. "Summer youth employment and training programs" means programs to enhance the basic skills of youth and prepare them for participation in the labor force and includes activities consistent with the summer youth employment program of the federal job training partnership act (P.L. 97-300).