reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8331 - Seized aircraft sale

28-8331.
Seized aircraft sale
A. If an aircraft has been seized under this article and held for a period of sixty days and license taxes,  registration fees,  penalties,  lien recording fees and costs and expenses of seizure are not paid in full,  the sheriff of the county in which the aircraft is found shall sell the aircraft when requested by the department.
B. The sale of an aircraft under this section shall be at public auction after notice of the sale is sent by the department by certified mail at least five but not more than twenty days before the sale directed to the last known address of the owner of the aircraft,  if the owner is known. If the owner is unknown,  the department shall give notice by publication in a newspaper of general circulation in the county in which the aircraft was seized. If notice is published in a weekly newspaper,  the publication shall be made once each week for two consecutive weeks,  or if published in a daily newspaper,  six consecutive times,  the last publication to be at least five but not more than ten days before the date of the sale.
C. Within five days after receipt of the proceeds of the sale,  the sheriff shall transmit the entire proceeds to the department. After payment by the department of the license taxes,  registration fees,  penalties,  lien recording fees and costs and expenses of the seizure and sale,  the department shall pay the remaining proceeds of the sale to the owner from whom the aircraft was seized,  if the owner is known. If the owner is unknown,  the department shall deposit,  pursuant to sections 35-146 and 35-147,  the remaining proceeds in the state aviation fund.
D. The department may issue a certificate of release of lien on payment of the license taxes,  registration fees,  penalties,  lien recording fees and costs and expenses of seizure and sale.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8332 - Registration; transfer or assignment

28-8332.
Registration;  transfer or assignment
A. If a person who registered an aircraft under this article transfers or assigns title to or interest in the aircraft,  the registration of the aircraft expires.
B. Within sixty days after the transfer or assignment,  the person to whom the transfer or assignment is made shall register the aircraft in that person's name with the department and pay the regular registration fee,  unless the aircraft is exempt from registration pursuant to section 28-8322.
C. If an aircraft is not registered within sixty days after the transfer or assignment as required by this section,  the department shall collect an annual penalty of twenty-five dollars for the first month and five dollars for each succeeding month of delinquency in addition to the registration fee.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8334 - Aircraft loss or destruction

28-8334.
Aircraft loss or destruction
If an aircraft registered under this article is lost or destroyed,  the registration of the aircraft expires. The person to whom the aircraft is registered,  or,  if that person dies,  that person's legal representative,  shall inform the department in writing of the loss or destruction of the aircraft within thirty days after it occurs.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8335 - License tax; tax rate

28-8335.
License tax;  tax rate
A. An annual license tax is imposed on all aircraft based in this state and required to be registered pursuant to this article,  unless an exemption for the aircraft is established pursuant to this article. The license tax is payable to the department on initial registration and annually pursuant to section 28-8322.01.
B. Except as provided in sections 28-8336,  28-8337,  28-8338,  28-8339,  28-8340 and 28-8341,  the department shall determine and assess the license tax prescribed by subsection A of this section on the basis of one-half percent of the average fair market value of the particular make,  model and year of aircraft. The average fair market value:
1. May not have an annual percentage change that is more than the annual percentage change in the average consumer price index as published by the United States department of labor,  bureau of labor statistics.
2. In fiscal year 2021-2022,  shall be benchmarked to what the average fair market value of the aircraft was in 2019.
C. The tax assessed under this section shall be at least $20 for a full year of registration.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8336 - Nonresident; license tax rate

28-8336.
Nonresident;  license tax rate
The license tax for a nonresident whose aircraft is based in this state for more than ninety days but less than two hundred ten days in a calendar year is equal to one-tenth of one per cent of the average fair market value of the particular make,  model and year of aircraft if the aircraft is not engaged in any intrastate commercial activity.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8337 - Stored or repaired aircraft; license tax rate

28-8337.
Stored or repaired aircraft;  license tax rate
A. The annual license tax for aircraft that is in storage or that is being repaired is $20 for each aircraft,  except for an aircraft taxed under section 28-8341.
B. To qualify for the tax under this section,  the aircraft owner shall annually file a sworn affidavit on a form provided by the department with the department not later than the last day of the registration cycle or within sixty days after the aircraft is placed in storage or under repair on entry into this state.
C. The owner of an aircraft that is subject to the tax under this section shall notify the department within ten days after the date the aircraft is returned to use and shall pay the appropriate license tax,  if any,  prorated on the basis of one-twelfth for each month remaining in the registration cycle beginning with the first month the aircraft is restored to use.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8338 - Salvage aircraft; license tax rate; definition

28-8338.
Salvage aircraft;  license tax rate;  definition
A. The annual license tax for a salvage aircraft that is in storage or that is being restored is $5 for each aircraft,  and the tax shall not be prorated.
B. To qualify for the tax under this section,  the salvage aircraft owner shall annually file a sworn affidavit on a form provided by the department with the department not later than the last day of the registration cycle or within sixty days after the aircraft is placed in storage or under restoration on entry into this state.
C. The salvage aircraft owner who is subject to the tax under this section shall notify the department within ten days after the date the aircraft is returned to use and shall pay the appropriate license tax,  if any,  prorated on the basis of one-twelfth for each month remaining in the registration cycle beginning with the first month the aircraft is returned to use.
D. For the purposes of this section,  " salvage aircraft"  means an aircraft that is being restored and that is not meant to be flown.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8339 - Special aircraft; license tax rate; definitions

28-8339.
Special aircraft;  license tax rate;  definitions
A. The annual license tax for an antique aircraft,  classic aircraft,  warbird aircraft,  glider aircraft,  experimental aircraft or homebuilt aircraft is $20 for each aircraft.
B. To qualify for the tax under this section,  the aircraft owner shall annually apply on a form provided by the department to the department not later than the last day of the registration cycle or within sixty days after entry into this state.
C. For the purposes of this section:
1. " Antique aircraft"  means an aircraft that has a year of original manufacture and federal certification that is fifty years old or older.
2. " Classic aircraft"  means an aircraft that has a year of original manufacture and federal certification that is at least forty years old but not more than forty-nine years old.
3. " Experimental aircraft"  means an aircraft that is designated as experimental on its federal aviation administration airworthiness certificate.
4. " Glider aircraft"  means a light,  engineless aircraft that is designed to glide after being towed aloft or launched from a catapult.
5. " Homebuilt aircraft"  means an aircraft that is constructed primarily by an individual for the individual's personal use,  excluding an aircraft that is constructed primarily by a for profit aircraft manufacturing business.
6. " Warbird aircraft"  means an aircraft that is built before January 1,  1948 expressly for the purpose of military service.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8340 - Manufacturer's aircraft; definition

28-8340.
Manufacturer's aircraft;  definition
A. The annual license tax for a manufacturer's aircraft is $20 for each aircraft.
B. To qualify for the tax under this section,  the manufacturer's aircraft owner shall annually file a sworn affidavit on a form provided by the department with the department not later than the last day of the registration cycle or within sixty days after entry into this state.
C. For the purposes of this section,  " manufacturer's aircraft"  means an aircraft that is both:
1. Manufactured under a production certificate issued by the federal aviation administration under federal air regulations part 21.
2. Owned by the manufacturer for purposes of completing manufacture or sale.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8341 - Maintenance aircraft; license tax rate; definition

28-8341.
Maintenance aircraft;  license tax rate;  definition
A. The annual license tax for a maintenance aircraft owned by a nonresident is $20 for each aircraft,  unless an exemption is established pursuant to this article. The tax shall not be prorated.
B. To qualify for the tax under this section,  the nonresident owner or representative of the owner shall annually file a sworn affidavit on a form provided by the department with the department not later than the last day of the registration cycle or within ninety days after the maintenance aircraft enters this state.
C. For the purposes of this section,  " maintenance aircraft"  means an aircraft that is not based in this state but that is present in this state solely for the purpose of maintenance,  repair or servicing at a federal certified maintenance facility.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8343 - Aircraft total loss; violation; classification

28-8343.
Aircraft total loss;  violation;  classification
A. If a company that insures an aircraft determines the aircraft is a total loss,  the insurer shall provide to the department an affidavit stating that a total loss occurred.
B. If the aircraft is a total loss,  is transferred to another person,  business or organization and is not insured,  the person,  business or organization shall provide an affidavit to the department stating the aircraft to be a total loss.
C. On receipt of the affidavit,  the director shall:
1. Determine the amount of registration fee and license tax under this article.
2. Reduce the amount of the registration fee and license tax by one-twelfth for each full month of the registration period that has not yet expired.
3. Allow a tax credit to the owner for the appropriate amount of taxes previously paid on verified written application by the owner of the aircraft at the time the total loss occurred. The owner may use the tax credit on the next or several succeeding aircraft registration fees or license taxes that may be owed by the owner.
D. A person who violates this section is guilty of a class 2 misdemeanor.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8344 - Aviation fuel tax; rate; definition

28-8344.
Aviation fuel tax;  rate;  definition
A. In addition to all other taxes provided by law,  each supplier shall pay to this state a tax of five cents for each gallon of aviation fuel as provided in chapter 16,  article 1 of this title.
B. For the purposes of this section,  " supplier"  has the same meaning prescribed in section 28-5601.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8345 - Registration fees; penalties; taxes; distribution

28-8345.
Registration fees;  penalties;  taxes;  distribution
A. Monies received from the registration fees collected pursuant to this article shall be transmitted to the state treasurer,  pursuant to sections 35-146 and 35-147,  for distribution as follows:
1. 50 percent in the state general fund.
2. 35 percent in the state aviation fund established by section 28-8202 for use in the construction,  development and improvement of airports.
3. 9.5 percent to counties in the proportion that the population of each county bears to the total population of this state.
4. 5.5 percent to incorporated cities and towns in the proportion that the population of each city or town bears to the total population of this state. Monies distributed pursuant to this paragraph may be used by the city or town for any purpose permitted by law.
B. Monies received from civil penalties collected pursuant to this article shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
C. Not later than the fifteenth day of each month,  the department shall transmit monies received from the taxes imposed under this article to the state treasurer who shall deposit the monies pursuant to subsection A of this section.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8346 - Filing by mail; date of filing

28-8346.
Filing by mail;  date of filing
A. On receipt of any notice,  affidavit,  application,  registration or other document that must be filed with the department pursuant to this article after the date on which the document is required to be filed and received,  the department shall treat the document as if it had been received on the required date if both:
1. It is transmitted through the United States mail.
2. The envelope in which the document is enclosed has a post office cancellation mark dated on or before the required date.
B. If the sender disputes the dates contained on the mark or if a mark does not appear or is not legible,  the mailing date may be established by competent evidence introduced by the sender.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8347 - Civil penalties

28-8347.
Civil penalties
The director may impose a civil penalty against a person required to register an aircraft under this article as follows:
1. In an amount of not more than five hundred dollars against a person who wilfully makes or gives under oath or affirmation a false statement regarding aircraft owned by,  leased by or under the control of the person.
2. By assessment of twice the value of the license tax imposed on the aircraft for that year against a person who wilfully conceals,  removes,  transfers or misrepresents the ownership of the aircraft by the owner or agent of the owner with the purpose of evading taxation.
3. In an amount of not more than two hundred dollars against a person who either:
(a) Gives the registrar or deputy registrar a false name.
(b) Fails or refuses to give the person's name or a list of aircraft owned by,  leased by or under the control of the person.
(c) Refuses to swear or affirm to the list.
4. If a statement is required to be made for imposing an assessment or tax,  in an amount of not more than two hundred dollars against a person who wilfully makes an oral or written false statement that is not made under oath.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8381 - Definition of aircraft dealer

28-8381.
Definition of aircraft dealer
In this article,  unless the context otherwise requires,  " aircraft dealer"  means a person who is either:
1. Engaged in the business of buying,  selling or exchanging aircraft.
2. Offering to assist another person with the purchase,  sale or exchange of an aircraft for compensation.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8382 - License requirement; application; renewal; license tax; liability

28-8382.
License requirement;  application;  renewal;  license tax;  liability
A. A person shall not act as an aircraft dealer without first obtaining a license from the director that authorizes the person to engage in the business of an aircraft dealer.
B. A person shall apply for a license on forms prescribed or authorized by the director. The person shall submit with the application any required documents and the bond or cash deposit prescribed by section 28-8384. On approval of the application the director shall issue the license.
C. A license issued to an aircraft dealer is valid for one year and only for the person in whose name it is issued. The aircraft dealer:
1. Shall display the license conspicuously in the principal place of business of the aircraft dealer.
2. Shall annually renew the license.
3. May not assign the license.
D. If an aircraft dealer changes the dealer's place of business,  the dealer shall notify the director in writing within ten days after the change.
E. In addition to any other penalties provided by statute,  a person who acts as an aircraft dealer without first obtaining a license is liable for both:
1. The license tax imposed by section 28-8335 on aircraft owned by the person or held by the person on consignment for sale or exchange.
2. Any transaction privilege tax or similar excise tax on the sale of any aircraft sold,  exchanged or brokered by the person that is not reported and paid as required by law.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8383 - Aircraft dealer duties

28-8383.
Aircraft dealer duties
A. An aircraft dealer shall both:
1. Obtain a tax privilege license from this state.
2. Notify the department within ten days after the purchase or sale of an aircraft or after accepting an aircraft on consignment and file this notification whether or not the aircraft dealer takes title to the aircraft. If the notification is not filed in a timely manner,  the aircraft is subject to the license tax imposed by section 28-8335.
B. An aircraft purchased by a dealer for resale or exchange may be flown only for the purpose of demonstrating it to a prospective buyer. Any other use of the aircraft subjects the aircraft to the license tax prescribed by section 28-8335. The aircraft dealer shall notify the department and register the aircraft within fifteen days after any other use of the aircraft occurs.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8384 - Bond or cash deposit

28-8384.
Bond or cash deposit
A. The aircraft dealer shall file with the department a continuous corporate surety bond for the benefit of this state or a cash deposit as prescribed in section 35-155 in the sum of ten thousand dollars that is conditioned on the faithful performance of all sales contracts or agreements and that guarantees payment of all outstanding taxes and fees.
B. The surety of this bond may cancel the bond on giving notice in writing to the department and the aircraft dealer sixty days before the cancellation date. After cancellation the surety is relieved of liability for any breach of conditions occurring after the cancellation date.
C. If a surety has any cause to cancel the bond of an aircraft dealer and gives notice of the cancellation,  the department shall immediately notify the aircraft dealer by certified mail addressed to the last known address of the aircraft dealer that the aircraft dealer shall discontinue sales until such time as a new bond or cash deposit meeting the qualifications of this section is filed with the department.
D. This section does not apply to aircraft dealers engaged primarily in the sale of new or used lighter-than-air aircraft. For the purposes of this subsection,  " lighter-than-air aircraft"  means an aircraft that can rise and remain suspended by using contained gas whose molecular weight is less than the molecular weight of the air displaced by the gas.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8385 - Records

28-8385.
Records
A. An aircraft dealer shall make and retain for three years records that the director may prescribe as being reasonably necessary to substantiate the reports required by this article.
B. The records may include copies of inventories,  receipts or consignment contracts.
C. The director may inspect and copy these reports during normal business hours.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8386 - Violation; classification

28-8386.
Violation;  classification
A person is guilty of a class 6 felony if the person either:
1. Acts as an aircraft dealer without obtaining an aircraft dealer's license.
2. Knowingly fails to give the notification prescribed by section 28-8383,  subsection A,  paragraph 2.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8411 - Authority of cities, towns and counties; limitation

28-8411.
Authority of cities,  towns and counties;  limitation
A. The governing body of a city or town or the board of supervisors of a county may:
1. Acquire,  establish,  construct,  own,  control,  lease,  equip,  improve,  maintain,  operate and regulate airports for the use of aircraft within or outside the limits of the city,  town or county.
2. For the purpose described in paragraph 1 of this subsection,  use property that is suitable and that is or may hereafter be owned or controlled by the city,  town or county.
B. This section does not:
1. Authorize the governing body of a city or town or the board of supervisors of a county to restrict or limit the length or width of an airstrip or runway used for the landing and takeoff of aircraft,  and any such restriction or limitation is void.
2. Affect the zoning authority of a county,  city or town pursuant to other provisions of law.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8412 - Airports; public purpose

28-8412.
Airports;  public purpose
Lands that are acquired,  owned,  controlled or occupied by the department,  in the operation and maintenance of the Grand Canyon national park airport,  or a city,  town or county for the purposes prescribed in section 28-8411 are for a public purpose and for a public necessity.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8413 - Acceptance by state, cities, towns or counties of federal or other aid

28-8413.
Acceptance by state,  cities,  towns or counties of federal or other aid
A. This state or a county,  city or town may:
1. Accept and receive federal and other monies,  either public or private,  for the acquisition,  construction,  enlargement,  improvement,  maintenance,  equipment or operation of airports,  other air navigation facilities and sites for airports and other navigational facilities.
2. Comply with laws and regulations of the United States for the expenditure of federal monies on airports and air navigation facilities.
B. The governing body of a city or town or the board of supervisors of a county may:
1. Designate the department as its agent to:
(a) Accept and receive federal monies in its behalf for airport and other air navigation facility purposes.
(b) Contract for acquisition,  construction,  enlargement,  improvement,  maintenance,  equipment or operation of the airports or other air navigation facilities.
2. Enter into an agreement with the authority prescribing the terms and conditions of the agency prescribed in paragraph 1 of this subsection in accordance with federal laws and regulations and applicable laws of this state.
C. Monies paid by the United States shall be paid to the city,  town or county under the terms and conditions that are imposed by the United States in making the grant.
D. Contracts for acquisition,  construction,  enlargement,  improvement,  maintenance,  equipment or operation of airports or other air navigation facilities that are made by the state,  county,  city or town itself or that are made through the department:
1. Shall be made pursuant to the laws governing the making of like contracts.
2. If the acquisition,  construction,  improvement,  enlargement,  maintenance,  equipment or operation is financed wholly or partly with federal monies,  may be let in the manner prescribed by the federal authorities acting under the laws and regulations of the United States,  notwithstanding any state law.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8414 - City and town airport disposal

28-8414.
City and town airport disposal
By resolution,  the governing body of a city or town:
1. May sell,  lease and dispose of an airport acquired under this article.
2. If an airport acquired under this article is sold,  leased or disposed of to the county in which the airport is located,  to the state or to the United States or any of its agencies,  may sell,  lease or dispose of the airport for a nominal consideration without advertising and without holding a special election as prescribed by sections 9-402 and 9-403.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8415 - Real property interests; airport purposes

28-8415.
Real property interests;  airport purposes
A. The department,  in the operation and maintenance of the Grand Canyon national park airport,  or a city,  town or county may accept and hold real property or any interest in the property by gift,  trust or purchase or any other manner for the purpose of establishing,  constructing,  operating or maintaining airports or for uses incidental to these purposes,  subject to terms and agreements of the governing body.
B. Real property or any interest in the property held by the department in the operation and maintenance of the Grand Canyon national park airport shall be held in the name of this state.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8416 - Private property acquisition; airport purposes

28-8416.
Private property acquisition;  airport purposes
A. A city,  town or county that acquires private property for an airport shall acquire the property by purchase,  if the city,  town or county can agree with the owner on the terms of purchase.
B. If unable to agree,  the city,  town or county may acquire the property by condemnation in the manner provided by law authorizing cities,  towns and counties to acquire real property for public purposes other than street purposes,  or if there is no such law,  the city,  town or county may acquire the property in the manner provided by general law for condemnation of private property.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8417 - Payment for real property; bonds

28-8417.
Payment for real property;  bonds
The purchase price for real property acquired for an airport may be paid from either:
1. Monies available for the purchase.
2. Wholly or partially from proceeds of the sale of bonds of the city,  town or county as the governing body determines,  subject to the adoption of a proposal for and the approval of the sale of bonds at an election and in the manner provided for the authorization and issuance of bonds for public purposes generally.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8418 - Airport construction and operation; charge

28-8418.
Airport construction and operation;  charge
A. The governing body of a city or town or the board of supervisors of a county that has established an airport and that has acquired,  leased or set apart real property for an airport may either:
1. Construct,  improve,  equip,  maintain and operate it.
2. Vest jurisdiction for the construction,  improvement,  equipment,  maintenance and operation of the airport in a suitable officer,  board or body of the city,  town or county.
B. Expenses of construction,  improvement,  equipment,  maintenance and operation are a city,  town or county charge.
C. A city,  town or county to which this article applies may annually appropriate and cause to be raised by taxation monies sufficient to carry out this article.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8419 - Airport rules, fees and charges; limitation

28-8419.
Airport rules,  fees and charges;  limitation
A. The department,  in the operation and maintenance of the Grand Canyon national park airport,  and the governing body of a city or town or the board of supervisors of a county may adopt rules and establish fees or charges for use of airport facilities.
B. The governing body of a city or town or the board of supervisors of a county may authorize an officer,  board or body of the city,  town or county to adopt rules and establish fees and charges,  subject to approval by the governing body before the fees and charges are effective.
C. This section does not:
1. Authorize the governing body of a city or town or the board of supervisors of a county to restrict or limit the length or width of an airstrip or runway used for the landing and takeoff of aircraft,  and any such restriction or limitation is void.
2. Affect the zoning authority of counties,  cities or towns pursuant to other provisions of law.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8420 - Agreements; joint airport operations

28-8420.
Agreements;  joint airport operations
The department,  in the operation and maintenance of the Grand Canyon national park airport,  or a city,  town or county may enter into agreements on terms the director or the governing body deems advisable with agencies of the United States or with a person,  firm or corporation engaged in the air transportation industry for the establishment,  construction,  operation or maintenance of airports and incidental uses either by the department,  by the city,  town or county or by the other contracting party.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8421 - Joint exercise of powers

28-8421.
Joint exercise of powers
The powers,  rights and authority granted by this article to a city,  town or county may be exercised by either:
1. Two or more cities,  towns or counties.
2. A joint powers airport authority formed pursuant to article 8 of this chapter,  if in connection with the closing of a military facility.
3. This state and a city,  town or county acting jointly,  either within or outside the territorial limits of the city,  town or county.
4. Either within or outside this state,  by this state or by this state and a city,  town or county of this state,  acting jointly with another state or with another state and a city,  town or county in such state if the laws of the other state permit the joint action.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8422 - Adjoining state monies for airports

28-8422.
Adjoining state monies for airports
A. This state or a county,  city or town may spend monies received from an adjoining state for the purpose of enlarging,  improving,  maintaining,  operating or equipping an existing airport in this state.
B. The department may enter into an agreement with an adjoining state for the acceptance,  receipt and expenditure by the state,  county,  city or town of monies received from the adjoining state and for the joint exercise of power in the enlargement,  improvement,  maintenance,  operation or equipment of an airport.
C. Monies received from an adjoining state shall be paid to the state,  county,  city or town under terms and conditions imposed by the laws of the adjoining state and of this state and by an agreement authorized by this section. An agreement made with an adjoining state under this section shall be submitted to the attorney general who shall determine whether the agreement is in proper form and is within the powers and authority of the laws of this state.
D. An agreement under this section does not relieve the state,  county,  city or town of any obligation or responsibility imposed on it by law.
E. The governing body of a city or town or board of supervisors of a county may designate the department as its agent to accept and receive monies pursuant to this section in its behalf and to enter into an agreement with an adjoining state on its behalf pursuant to this section.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8423 - Airport land lease; nonprofit corporation

28-8423.
Airport land lease;  nonprofit corporation
A. If the department,  in the operation and maintenance of the Grand Canyon national park airport,  or if a city,  town or county has leased or leases land owned by it to a nonprofit corporation for airport or air terminal purposes pursuant to a lease agreement that provides that title to all buildings,  structures and additions made or added to the leased premises by the nonprofit corporation vests in the state,  city,  town or county in the manner and subject to the restrictions contained in the agreement,  the agreement as it exists or as it may be amended,  renewed or extended is binding and effective pursuant to its terms.
B. An amendment,  renewal or extension to the agreement is binding and effective if the agreement complies with section 28-8425,  subsection A,  paragraph 1 whether or not:
1. It resulted or results in a renewal or extension of the original term in excess of twenty-five years.
2. Any bidding,  notice or other requirements of section 28-8425 have or have not been met.
C. If a lease between the department and a nonprofit corporation for the operation and maintenance of the Grand Canyon national park airport is terminated,  the department may spend any airport revenues,  including both those unexpended and unencumbered revenues returned by the lessee and those revenues received after the termination of the lease for the operation of the airport,  until the airport is leased to another nonprofit corporation or for the remainder of the then current budget cycle,  whichever occurs first.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8424 - Nonprofit corporation lessees; status; authority; exemptions

28-8424.
Nonprofit corporation lessees;  status;  authority;  exemptions
A. A nonprofit corporation that is a lessee as provided in section 28-8423:
1. Is a validly organized and existing body politic and corporate exercising its powers for the benefit of the people,  for the improvement of the people's health and welfare and for the increase of the people's traffic and prosperity.
2. Is engaged in a public purpose essential to transportation and communication.
3. Performs an essential governmental function as an agency or instrumentality of the city,  town,  county or state.
4. Is exempt from property taxation by this state or an agency of this state.
5. Possesses and may exercise police powers and other governmental powers on the terms,  conditions,  limitations,  restrictions and agreements provided in the lease agreements.
6. May issue bonds,  incur obligations and pledge its revenues as security for the payment of bonds and obligations for airport and air terminal purposes to the extent provided by the lease agreement as it exists or as it may be amended,  without regard to any statutory limitation of indebtedness of corporations having authorized capital stock.
B. The following do not apply to a nonprofit corporation that leases the Grand Canyon national park airport as provided in section 28-8423:
1. Chapter 20,  article 2 of this title.
2. Title 33,  chapter 7,  article 6.
3. Title 41,  chapter 4,  article 5 and 6.
4. Title 41,  chapter 6.
5. Title 41,  chapter 23.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8426 - Airport police; powers; qualifications

28-8426.
Airport police;  powers;  qualifications
A. The governing body of a public airport operating pursuant to sections 28-8423 and 28-8424 may appoint one or more persons to be designated by the airport as airport police officers to aid and supplement the law enforcement agencies of this state in the protection of persons and property. While engaged in the conduct of this employment,  an airport police officer possesses and shall exercise law enforcement powers of peace officers in this state.
B. A person appointed as an airport police officer under this section shall have the minimum qualifications established by the Arizona peace officer standards and training board for peace officers and police officers pursuant to section 41-1822. The airport shall file with the Arizona peace officer standards and training board the name of each airport police officer on the date of the police officer's appointment.
C. If the appointee meets the minimum qualifications established by the Arizona peace officer standards and training board,  the Arizona peace officer standards and training board shall issue the appointee a certificate of authority to act as a peace officer. The director of the department of public safety may revoke a certificate for good cause shown.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8427 - Police aides

28-8427.
Police aides
A. Whether or not airport police officers have been appointed pursuant to section 28-8426,  the governing body may appoint unarmed airport police aides who are employed by the governing body.
B. The police aides:
1. Are authorized to enforce ordinances regulating the standing or parking of vehicles.
2. May commence an action or proceeding before a court having jurisdiction for any violation of the ordinances described in paragraph 1.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8428 - Liability; airport police and aides

28-8428.
Liability;  airport police and aides
A. The governing body of each airport appointing an airport police officer or airport police aide is liable for any and all acts of the airport police officer or airport police aide that are within the scope of the officer's or aide's employment.
B. This state or any political subdivision is not liable for any act or failure to act by an airport police officer or airport police aide,  unless this state or a political subdivision is the governing body of the airport.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8462 - Airport hazard; public nuisance; prevention and elimination

28-8462.
Airport hazard;  public nuisance;  prevention and elimination
A. It is declared that:
1. The creation or establishment of an airport hazard is a public nuisance and a public injury to the community served by an airport.
2. It is necessary in the interest of the public health,  public safety and general welfare that the creation or establishment of an airport hazard be prevented.
3. Prevention of an airport hazard should be accomplished to the extent legally possible by exercise of the police power without compensation.
B. The prevention of the creation or establishment of an airport hazard and the elimination,  removal,  alteration,  mitigation or marking and lighting of an existing airport hazard are public purposes for which a political subdivision may raise and spend public monies and acquire land or interests in land.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8463 - Acquisition of facilities or nonconforming property; exception

28-8463.
Acquisition of facilities or nonconforming property;  exception
A. If it is desired to remove,  lower or otherwise terminate a nonconforming structure or use,  if the approach protection necessary cannot be accomplished by airport zoning regulations under this article because of constitutional limitations or if it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations,  the political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by it may acquire by purchase,  grant or condemnation in the manner provided by law under which political subdivisions are authorized to acquire real property for public purposes the air right,  navigation easement or other estate or interest in the property or nonconforming structure or use in question as necessary to fulfill the purposes of this article.
B. Land owned or held for use for and in connection with the transportation of United States mail and transportation of property in interstate commerce and all structures on the land are not subject to this article.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8464 - Political subdivisions; airport zoning regulations

28-8464.
Political subdivisions;  airport zoning regulations
To prevent an airport hazard,  a political subdivision that has an airport hazard area within its territorial limits may adopt,  administer and enforce airport zoning regulations for the airport hazard area,  under the police power,  in the manner and on the conditions prescribed in this section. The airport zoning regulations may:
1. Divide the area into zones.
2. Specify land uses permitted within the zones.
3. Regulate and restrict the height to which a structure may be erected or tree allowed to grow.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8465 - Joint airport zoning board

28-8465.
Joint airport zoning board
A. If an airport is owned or controlled by a political subdivision and an airport hazard area is located outside its territorial limits,  the political subdivision that owns or controls the airport and the political subdivision within which the airport hazard area is located may establish a joint airport zoning board by ordinance or resolution that has the same power to adopt,  administer and enforce airport zoning regulations applicable to the airport hazard area as that vested by section 28-8464 in the political subdivision within which the area is located.
B. The joint board consists of two representatives appointed by each political subdivision participating in its establishment and a chairman selected by a majority of the members who are appointed.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8466 - Zoning regulations; relationships

28-8466.
Zoning regulations;  relationships
A. If a political subdivision has adopted or adopts a comprehensive zoning ordinance regulating the height of buildings,  an airport zoning regulation applicable to the same area or portion of the same area may be:
1. Incorporated in and made a part of the comprehensive zoning regulation.
2. Administered and enforced in connection with the comprehensive zoning regulation.
B. If there is a conflict between an airport zoning regulation adopted under this article and another regulation applicable to the same area,  the more stringent limitation or requirement governs and prevails,  whether either:
1. The conflict is with respect to the height of structures or trees,  use of land or any other matter.
2. The other regulation was adopted by the political subdivision that adopted the airport zoning regulations or by some other political subdivision.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8467 - Airport zoning regulations; procedure; airport zoning commission

28-8467.
Airport zoning regulations;  procedure;  airport zoning commission
A. In adopting,  amending and repealing an airport zoning regulation under this article,  the political subdivision or joint airport zoning board shall follow the procedure prescribed by law for the adoption,  amendment and repeal of comprehensive zoning regulations.
B. Before the initial zoning of an airport hazard area under this article,  the political subdivision or joint airport zoning board shall appoint an airport zoning commission. If a city planning commission or comprehensive zoning commission exists,  that commission may be appointed as the airport zoning commission.
C. The airport zoning commission shall:
1. Recommend the boundaries of zones to be established and the regulations to be adopted for the zones.
2. Make a preliminary report and hold public hearings on the preliminary report before submitting a final report.
D. The political subdivision or the joint airport zoning board shall not hold a public hearing or take other action until it has received the final report of the airport zoning commission.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8468 - Airport zoning regulations; criteria; limitations

28-8468.
Airport zoning regulations;  criteria;  limitations
A. Airport zoning regulations adopted under this article shall be reasonable and shall not impose a requirement or restriction that is not reasonably necessary to effectuate the purposes of this article.
B. In determining what regulations it may adopt,  a political subdivision and joint airport zoning board shall include the following in its consideration:
1. The character of the flying operations expected to be conducted at the airport.
2. The nature of the terrain within the airport hazard area.
3. The character of the neighborhood.
4. The uses to which the property to be zoned will be put and is adaptable.
C. An airport zoning regulation adopted under this article shall not:
1. Require the removal,  lowering or other change or alteration of a structure or tree that does not conform to the regulation when it is adopted or amended.
2. Otherwise interfere with the continuance of a nonconforming use,  except as provided by section 28-8472.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8469 - Airport zoning regulations; administrative agency; duties

28-8469.
Airport zoning regulations;  administrative agency;  duties
A. Airport zoning regulations adopted under this article shall provide for the administration and enforcement of the regulations by either:
1. An administrative agency that may be an agency established by the regulations.
2. Any official,  board or other existing agency of the political subdivision adopting the regulations.
3. One of the political subdivisions that participated in the establishment of the joint airport zoning board adopting the regulations,  if satisfactory to that political subdivision.
B. The administrative agency shall not be or include a member of the board of adjustment.
C. The duties of an administrative agency designated pursuant to this article:
1. Include hearing and deciding applications for permits under section 28-8470.
2. Do not include exercise of a power delegated in this article to the board of adjustment.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8470 - Permit

28-8470.
Permit
A. An airport zoning regulation adopted under this article may require that a permit be obtained before a new structure or use may be constructed,  established,  substantially changed,  altered or repaired.
B. The airport zoning regulation provided in subsection A shall also provide that before a nonconforming structure or tree may be replaced,  substantially altered,  repaired,  rebuilt,  allowed to grow higher or replanted,  a permit shall be obtained from the administrative agency authorized to administer and enforce the regulation authorizing the replacement,  change or repair.
C. A permit shall not be granted that will allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when an application for a permit is made.
D. Except as provided in this section,  all applications for permits shall be granted.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8471 - Variance

28-8471.
Variance
A. A person who wants to erect or increase the height of a structure,  permit the growth of a tree or otherwise use the person's property in violation of an airport zoning regulation adopted under this article may apply to the board of adjustment for a variance from the airport zoning regulation in question.
B. A variance shall be allowed if a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest,  would do substantial justice and would be in accordance with the spirit of the regulation and this article.
C. A variance may be allowed subject to any reasonable conditions the board of adjustment deems necessary to fulfill the purposes of this article.