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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Counties
Chapter : INTERGOVERNMENTAL OPERATIONS
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11-901 Establishment and maintenance of libraries
The board of supervisors may establish and maintain, within the county, a county
free library district in the manner and with the powers prescribed in this article and
title 48, chapter 24.
11-903 City or town joining or withdrawing from county library district
A. After the establishment of a free county library district as provided in this
article and title 48, chapter 24, article 1, the governing body of any incorporated city
or town in the county may notify the board of supervisors that the city or town desires
to become a part of the county free library district, and thereafter the city or town
shall be a part thereof and its inhabitants shall be entitled to the benefits of the
county free library.
B. The governing body of an incorporated city or town in the county may at any time
notify the board that the city or town no longer desires to be a part of the county free
library district, and thereafter the city or town shall cease to participate in the
benefits of the county free library.
C. The governing body of an incorporated town or city shall publish once each week
for three successive weeks, prior either to giving or to withdrawing such notice, notice
of its contemplated action in a newspaper of general circulation in the city or town,
designated by the governing body, giving therein the date, place and time of the meeting
at which such action is proposed to be taken.
11-904 Contracts for city or town library to assume function of county free library; termination
Instead of establishing a separate county free library, the board of supervisors may
enter into a contract under the provisions of this section with the board of library
trustees or other authority in charge of the free public library of an incorporated city
or town, and the board of library trustees or other authority in charge may make such a
contract. The contract may provide that the free public library of the incorporated city
or town shall assume the functions of a county free library within the county, including
incorporated cities and towns therein. The board of supervisors may pay annually into
the library fund of the incorporated city or town such sum as is agreed upon. Either
party may terminate the contract by giving six months notice of intention to do so.
11-906 Board of library examiners; membership; compensation; powers and duties
A. The board of library examiners shall consist of the director of the ARIZONA
state library, archives and public records, who shall be ex officio chairman, the
librarian of the university of ARIZONA, the librarian of the Phoenix public library and
two county librarians appointed by the director of the ARIZONA state library, archives
and public records. The county librarian members shall serve one year terms, and the
director shall appoint the county librarian members on a rotating basis to represent each
county free library.
B. The members of the board shall receive no compensation for their services except
actual and necessary travel expenses which shall be paid from the general fund.
C. The board shall pass upon the qualifications of persons desiring to become
county librarians and may, in writing, adopt rules not inconsistent with law for its
government and to carry out the purposes of this article.
11-908 County librarian; certificate
A. Upon establishment of a county free library, the board of supervisors shall
appoint a county librarian to serve at the pleasure of the board.
B. No person shall be eligible for appointment to the office of county librarian
unless prior to appointment he has received from the board of library examiners a
certificate of qualification for the office.
11-909 General supervision; branch libraries; employees
A. The county free library shall be under the general supervision of the board of
supervisors, which may make general rules and regulations regarding the policy of the
county free library, and establish, upon recommendation of the county librarian, branches
and stations throughout the county which may be located in incorporated or unincorporated
cities and towns when deemed advisable.
B. The board may determine the number and kind of employees of the library, and may
appoint and dismiss such employees upon recommendation of the county librarian. An
employee shall not be removed except for cause, and in case a removal is made upon the
ground that the services of the employee are no longer required, the removed employee
shall have the first right to be restored to employment when such services are again
required, but the board may at the time of employing an employee, and upon the
recommendation of the county librarian, enter into an agreement that the employee be
employed for a definite time only.
C. All employees of the county free library whose duties require special training
in library work shall be classified in grades to be established by the county librarian,
with the advice and approval of the board of library examiners, according to the duties
required of them, experience in library work and other qualifications for the service
required. Before appointment to a position in classified service, the candidate shall
pass an examination appropriate to the position sought, satisfactory to the county
librarian, and disclose a satisfactory experience in library work. Work in approved
library schools or libraries, or certificates issued by the board of library examiners,
may be accepted by the county librarian in lieu of such examination.
D. The county librarian may accept as apprentices, without compensation, persons
possessing personal qualifications satisfactory to him and may dismiss them at any time
if in his judgment their work is not satisfactory.
11-910 Supervision by director of the ARIZONA state library, archives and public records; annual 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, either personally or by one of the director's assistants, shall
periodically visit the libraries and inquire into their condition. The actual and
necessary expenses of the visits shall be paid from the state library fund.
B. The director shall annually 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. It is the duty of all county librarians to attend and take part in the
proceedings of the convention. 11-911 Reports by county librarian
The county librarian shall, on or before July 31 of each year, report to the board
of supervisors and to the director of the ARIZONA state library, archives and public
records on the condition of the county free library for the year ending on the preceding
June 30. The report, in addition to other matters deemed expedient by the county
librarian, shall contain statistical and other information deemed desirable by the
director. For this purpose the director may send to the county librarians instructions
or question blanks so as to obtain the material for a comparative study of library
conditions in the state.
11-913 County free library district fund; custody
Funds of the county free library district, whether derived from taxation or
otherwise, shall be deposited with the county treasurer. They shall constitute a
separate fund, called the county free library district fund, and shall be used for the
county free library. Each claim against the county free library district fund shall be
authorized and approved by the county librarian or, in his absence from the county, by
his assistant. Claims shall be approved and paid in the same manner as other claims
against the county.
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.
11-931 Definitions
In this article, unless the context otherwise requires:
1. "Governing body" means the board of supervisors of a county, or the council or
other governing body of a municipality, as the case may be.
2. "Municipality" means an incorporated city or town.
3. "Public park" means a park, parkway, trail, recreational area or playground
established, maintained or administered by a county, city or town.
11-932 Acquisition of property for park purposes; dedication; eminent domain; authority to make improvements
A. Notwithstanding the ten-year limitation prescribed in section 11-256, a county
or municipality may purchase, enter into contracts to purchase, acquire by lease or
sublease and lease or sublet for any term, or obtain by gift or accept by grant from the
United States or other governmental agency real property, within or without its
territorial limits, and may hold, maintain and improve it for the use and purpose of a
public park, and it may dedicate property already owned to a like purpose. A county or
municipality may enter into contracts for any term for the operation of any such public
parks. A county or municipality may expend public funds for improvements on lands
dedicated, or acquired by lease or sublease for any term, or by agreement or contract of
purchase, under the provisions of this section.
B. This section shall not affect the right of a county or municipality to acquire
property by proceedings in eminent domain.
11-933 Cooperative agreements between governing bodies; prohibitions; agreement with United States or others
A. The governing body of a county or municipality may enter into a cooperative
agreement with the United States, a state, the governing body of another county or
municipality, or a private legal entity, within or without the state, for the
establishment, development, maintenance or administration of a public park.
B. A county or municipality entering into an agreement with the United States or a
state for the establishment, development, maintenance or administration of a public park
shall obtain permission in advance from any person or persons already using any
multiple-use public domain or state land for another purpose. The county or municipality
shall also reimburse such person or persons for all improvements on such land and for the
vested rights of such person or persons in such property. An agreement entered into
between the governing body of a county and the United States or an instrumentality
thereof under the terms of this subsection for the establishment, development or
maintenance of a public park may provide for supervision and control of the park by the
United States or an agency or instrumentality thereof.
11-934 Parks and recreation commission; appointment; meetings
A. A county may establish a parks and recreation department. The board of
supervisors may establish a county parks commission or may supervise and control all
county parks and recreation programs. If the board of supervisors elects to supervise
and control county parks and recreation programs, the board of supervisors shall have all
of the powers of a parks commission under this article.
B. Except as provided in subsection A, the governing body shall appoint a county
parks commission to consist of not more than fifteen members. Commission members
representing all supervisorial districts shall be appointed for terms of six years which
shall be arranged so that the terms of one third of the members shall expire every two
years.
C. The commission shall meet at least two times annually, and additional meetings
may be held at any time or place within the county. Meetings may be held at the call of
the chairman or a majority of the commission members. A majority of the commission shall
constitute a quorum to transact business.
D. If the county board of supervisors elects to supervise and control county parks
and recreation programs, the board of supervisors shall appoint a parks and recreation
advisory commission to advise the board in matters relating to county parks and
recreation programs.
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.
11-935 Powers and duties
A. The commission shall supervise and control all county parks and all county
recreational programs and establish and supervise law enforcement training programs for
park rangers empowered to apprehend rule violators under section 11-938.
B. The commission may:
1. Direct the appointment of a full or part-time supervisor of county parks and
recreational programs at a salary to be fixed by the governing body.
2. Make reasonable rules for the proper use, management, government and protection
of, and maintenance of good order in, all public parks under its supervision and control,
but the rules shall be related to preservation of public property, natural features and
curiosities, or preservation of public health and safety in the parks and recreational
areas.
3. Prescribe fees to be paid for the use of public parks facilities, which shall
not be in excess of the amount required to improve and maintain the parks. These fees
shall be approved by the governing body.
4. Establish broad policies and long-range programs for the acquisition, planning,
development, maintenance and operation of the county parks.
5. Provide for the assembling and distribution of information to the public
relating to programs and activities of the department.
6. Appoint any of its officers or employees as park ranger law enforcement
officers. An appointee must meet the minimum qualifications prescribed pursuant to
section 41-1822 for law enforcement officers. Park ranger law enforcement officers have
the authority of peace officers and their duties shall include:
(a) Enforcing this article and the rules adopted pursuant to this article.
(b) Protecting the parks and recreational areas and other public areas under the
commission's supervision and control against damage.
(c) Preserving the peace and public health and safety.
11-936 Rules; notice
Prior to final adoption, amendment or repeal by the commission of any rule, the
commission shall hold a public hearing thereon for the purpose of gaining public
acceptance of the adoption, amendment or repeal of the rule. The commission shall
publish one notice in a newspaper of general circulation in the county at least twenty
days prior to the hearing specifying the time and place the hearing will be held,
together with the text of the proposed rule or amendment or repeal of a rule. Every rule
or amendment or repeal of a rule shall state the date on which it takes effect.
11-937 Tax levy; appropriations
The governing body of a county or municipality may levy a tax for the acquisition
and maintenance of public parks in the manner provided by law for the levy of taxes for
other county or municipal purposes, or it may appropriate otherwise unappropriated funds
for such purpose.
11-938 Agreement to appear in court
County parks rangers are authorized to take any person before a magistrate within
the county in which the offense is committed for a violation of any of the rules and
regulations passed pursuant to this article, but any person apprehended for violating any
of the rules or regulations passed pursuant to this article punishable as a misdemeanor
may be issued a notice to appear before such magistrate bearing the date, time and place
for such appearance, the offense charged, and the location or approximate location where
the violation was committed. The notice to appear shall be signed by the person notified
to appear, and he shall be given a copy thereof and thereupon released from
custody. Failure of such person to appear at the time and place specified shall be cause
for issuance of a warrant for his arrest.
11-939 Powers of park rangers
Park rangers, in addition to the duties imposed by the parks commission, shall have
authority to execute all warrants issued for a violation of any of the rules and
regulations adopted by the parks commission, and may execute subpoenas issued in any
matter arising under this article.
11-940 Violations; classification
A person who violates any rule or regulation adopted pursuant to this article is
guilty of a class 2 misdemeanor.
11-941 County parks operation and enhancement fund; publication and souvenir revolving fund; investment; transfer
A. A county through its board of supervisors or through a duly authorized and
established parks and recreation department pursuant to section 11-934 may establish a
county parks operation and enhancement fund for the purpose of operating and enhancing
facilities and services at existing county parks or acquiring real estate for additional
county parks or expansion of existing county parks. The fund consists of monies budgeted
for that purpose by the board of supervisors, grants, unconditional gifts and donations
specifically designated for the fund, all monies derived from county park user fees,
concession contract fees, excess fees generated from the county parks publication and
souvenir revolving fund in subsection D of this section and other revenue generating
activities.
B. Notwithstanding the provisions of section 23-504, a county through its board of
supervisors or through a duly authorized and established parks and recreation department
pursuant to section 11-934 may establish a county parks publication and souvenir
revolving fund consisting of monies received from the sale of county parks oriented
services, souvenirs, sundry items or informational publications that are uniquely
prepared for use in county parks by the public. Notwithstanding section 11-492, the
monies in the fund shall be used exclusively to produce, purchase and distribute county
parks publications and information and operate concessions selling publications,
souvenirs, services and sundry items and provide services for sale by the county or the
county parks and recreation department. A county may sell at retail, on at least a cost
recovery basis, only those publications, souvenirs, sundry items and services that are
not provided at the county park with equivalent convenience to the public by private
concessionaires or by concessionaires having a contract with the county at a county park
to provide those publications, souvenirs, sundry items or services. If, after the county
begins selling publications, souvenirs, sundry items and services not provided at the
park by a private concessionaire, a qualified private concessionaire wishes to provide
such publications, souvenirs, sundry items and services in a manner that is consistent
with the county's development plan for the park, the county shall request competitive
proposals from private concessionaires to provide all or a portion of publications,
souvenirs, sundry items and services instead of the county at the option of the
bidder. Existing concession facilities shall be made available as part of the concession
contract.
C. The monies in the county parks enhancement fund and the county parks publication
and souvenir revolving fund shall be invested pursuant to title 35, chapter 2, article
2.1, and monies earned from investment shall be credited to each fund separately.
D. At the end of each fiscal year all monies in the county parks publication and
souvenir revolving fund in excess of twenty-five thousand dollars shall be transferred to
the county parks enhancement fund and held for the specific use of the operation and
enhancement of county parks pursuant to subsection A of this section.
11-951 Definitions
For the purposes of this article, the term "public agency" shall include the federal
government or any federal department or agency, Indian tribe, this state, any other
state, all departments, agencies, boards and commissions of this state or any other
state, counties, school districts, cities, towns, all municipal corporations, and any
other political subdivisions of this state or any other state.
11-952.01 Public agency pooling of property, fidelity, liability, workers' compensation, life, health, accident and disability coverage; exemptions; board of trustees; contract; termination; audit; insolvency; definition
A. In addition to other authority granted pursuant to this title, two or more
public agencies may enter into contracts or agreements pursuant to this article for the
joint purchasing of insurance, including prepaid legal insurance or reinsurance, or to
pool retention of their risks for property, fidelity and liability losses and to provide
for the payment of such property loss, fidelity loss, prepaid legal insurance or claim of
liability made against any member of the pool, including any elected or appointed
official, officer or employee covered by the pool, on a cooperative or contract basis
with one another or may jointly form a nonprofit corporation or enter into a trust
agreement to carry out the provisions of this section in their behalf directly or by
contract with a private party.
B. In addition to other authority granted pursuant to this title, two or more
public agencies may enter into contracts or agreements pursuant to this article to
establish a workers' compensation pool to provide for the payment of workers'
compensation claims pursuant to title 23, chapter 6 on a cooperative or contract basis
with one another or may jointly form a nonprofit corporation or enter into a trust
agreement to carry out the provisions of this section in their behalf directly or by
contract with a private party. A workers' compensation pool established pursuant to this
subsection may provide coverage for workers' compensation, employers' liability and
occupational disease claims. A workers' compensation pool is subject to approval as a
self-insurer by the industrial commission pursuant to section 23-961, subsection A,
paragraph 2 and is subject to title 23, chapter 6 and rules adopted pursuant to that
chapter in addition to the requirements of this section. The industrial commission, by
rule, resolution or order, may adopt requirements for the administration of a workers'
compensation pool under this subsection, including separation or commingling of funds,
accounting, auditing, reporting, actuarial standards and procedures.
C. In addition to other authority granted pursuant to this title, two or more
public agencies may enter into contracts or agreements for the joint purchase of life
insurance, disability insurance, accident insurance or health benefits plan insurance or
may pool retention of their risks of loss for life, disability, health or accident claims
made against any public agency member of the pool or to jointly provide the health and
medical services authorized in section 36-2907. Public agencies may establish pools for
the purposes of this subsection by any of the following methods:
1. On a cooperative or contract basis.
2. By the formation of a nonprofit corporation.
3. By contracts or intergovernmental agreements with the ARIZONA health care cost
containment system administration.
4. By the execution of a trust agreement directly by the agencies or by contracting
with a third party.
D. In addition to other authority granted pursuant to this title, two or more
public agencies may enter into contracts or agreements pursuant to this article for the
joint purchasing of insurance for property, liability or workers' compensation losses or
to pool retention of their risks for property and liability loss to cover the public
agency, its elected officials and employees and the contractor and subcontractor of every
tier engaged in the performance of a construction project for the public agency. Public
agencies may establish pools for the purpose of this subsection by any of the following
methods:
1. On a cooperative or contract basis.
2. By the formation of a nonprofit corporation.
3. By the execution of a trust agreement directly by the agencies or by contracting
with a third party.
E. Section 10-11301 does not apply to nonprofit corporations formed pursuant to
this section.
F. Title 41, chapter 23 does not apply to the procurement of insurance or
reinsurance, or to the procurement of the services provided for in subsection K,
paragraph 8 of this section, by any pool established pursuant to this section.
G. Title 43 does not apply to any pool established pursuant to this section. Any
pool established pursuant to this section is exempt from taxation under title 43.
H. Each pool shall be operated by a board of trustees consisting of at least three
persons who are elected officials or employees of public entities within this state. The
board of trustees shall notify the director of the department of insurance of the
existence of the pool and shall file with the director and with the attorney general a
copy of the intergovernmental agreement or contract. The attorney general shall file a
copy of the agreement or contract with the secretary of state as required by section
11-952. The board of trustees of each group shall do all of the following:
1. Establish terms and conditions of coverage within the pool including exclusions
of coverage.
2. Ensure that all claims are paid promptly.
3. Take all necessary precautions to safeguard the assets of the group.
4. Maintain minutes of its meetings.
5. Designate an administrator to carry out the policies established by the board of
trustees and to provide day-to-day management of the group and delineate in the written
minutes of its meetings the areas of authority it delegates to the administrator.
6. If the pool is a workers' compensation pool, file a copy of the agreement with
the director of the industrial commission.
I. If the pool includes private, nonprofit educational institutions, each private,
nonprofit educational institution shall post a bond, cash deposit or other comparable
financial security in an amount that is equal to at least one and one-half times the
amount of the private, nonprofit educational institution's annual premium to ensure
payment of the school's or institution's legal liabilities and other obligations if the
pool is determined to be insolvent or is otherwise found to be unable to discharge the
pool's legal liabilities and other obligations pursuant to subsection N of this section.
J. The board of trustees shall not:
1. Extend credit to individual members for payment of a premium, except pursuant to
payment plans established by the board.
2. Borrow any monies from the group or in the name of the group except in the
ordinary course of business.
K. In addition to the requirements of section 11-952, a contract or agreement made
pursuant to this section shall contain the following:
1. A provision for a system or program of loss control.
2. A provision for termination of membership including either:
(a) Cancellation of individual members of the pool by the pool.
(b) Election by an individual member of the pool to terminate its participation.
3. A provision requiring the pool to pay all claims for which each member incurs
liability during each member's period of membership.
4. A provision stating that each member is not relieved of its liability incurred
during the member's period of membership except through the payment of losses by the pool
or by the member.
5. A provision for the maintenance of claim reserves equal to known incurred losses
and an estimate of incurred but not reported claims.
6. A provision for a final accounting and settlement of the obligations of or
refunds to a terminating member to occur when all incurred claims are concluded, settled
or paid.
7. A provision that the pool may establish offices where necessary in this state
and employ necessary staff to carry out the purposes of the pool.
8. A provision that the pool may retain legal counsel, actuaries, auditors,
engineers, private consultants and advisors.
9. A provision that the pool may make and alter bylaws and rules pertaining to the
exercise of its purpose and powers.
10. A provision that the pool may purchase, lease or rent real and personal property
it deems necessary.
11. A provision that the pool may enter into financial services agreements with
banks and other financial institutions, that it may issue checks in its own name and that
it may invest its monies in equity securities, mutual funds and investment funds
registered with the United States securities and exchange commission, debt obligations
and any eligible investment permitted by section 35-323.
L. A pool or a terminating member shall provide at least ninety days' written
notice of the termination or cancellation. A workers' compensation pool shall notify the
industrial commission of the termination or cancellation of a member thirty days before
the termination or cancellation of the member.
M. The pool shall be audited annually at the expense of the pool by a certified
public accountant, with a copy of the report submitted to the governing body or chief
executive officer of each member of the pool and to the director of the department of
insurance. The board of trustees of the pool shall obtain an appropriate actuarial
evaluation of the claim reserves of the pool including an estimate of the incurred but
not reported claims. The department of insurance shall examine each public agency pool
once every five years. The director of the department of insurance may examine a public
agency pool sooner than five years from the preceding examination if the director has
reason to believe that the pool is insolvent. The costs of any examination shall be paid
by the pool subject to the examination.
N. If, as a result of the annual audit or an examination by the director of the
department of insurance, it appears that the assets of the pool are insufficient to
enable the pool to discharge its legal liabilities and other obligations, the director of
the department of insurance shall notify the administrator and the board of trustees of
the pool of the deficiency and the director's list of recommendations to abate the
deficiency, including a recommendation not to add any new members until the deficiency is
abated. If the pool fails to comply with the recommendations within sixty days after the
date of the notice, the director shall notify the chief executive officer or the
governing bodies, if any, of the members of the pool, the governor, the president of the
senate and the speaker of the house of representatives that the pool has failed to comply
with the recommendations of the director.
O. If a pool is determined to be insolvent or is otherwise found to be unable to
discharge its legal liabilities and other obligations, each agreement or contract shall
provide that the members of the pool shall be assessed on a pro rata basis as calculated
by the amount of each member's annual contribution in order to satisfy the amount of
deficiency. The assessment shall not exceed the amount of each member's annual
contribution to the pool.
P. A pool established pursuant to this section may make available programs
providing for insurance coverages described in subsections A, B and C of this section to
those charter schools governed by section 15-183, subsection M and, except for a workers'
compensation pool, to private, nonprofit educational institutions.
Q. In addition to the authority set forth in this title, a pool established
pursuant to this section may invest public monies on behalf of pool members, but any such
investments shall be limited to those permitted by section 35-323. A pool established
pursuant to this section may not invest monies that are required by law to be deposited
with a county treasurer.
R. A pool established pursuant to this section, by the adoption of a resolution of
continuing effect, may authorize and request the state treasurer to invest funds for the
pool pursuant to section 35-326.
S. For the purposes of this section, "health benefits plan" means a hospital or
medical service corporation policy or certificate, a health care services corporation
contract, a multiple employer welfare arrangement or any other arrangement under which
health and medical benefits and services are provided to two or more persons. 11-952 Intergovernmental agreements and contracts
(L05, Ch. 273, sec. 3. Eff. 1/1/10)
A. If authorized by their legislative or other governing bodies, two or more public
agencies or public procurement units by direct contract or agreement may contract for
services or jointly exercise any powers common to the contracting parties and may enter
into agreements with one another for joint or cooperative action or may form a separate
legal entity, including a nonprofit corporation, to contract for or perform some or all
of the services specified in the contract or agreement or exercise those powers jointly
held by the contracting parties.
B. Any such contract or agreement shall specify the following:
1. Its duration.
2. Its purpose or purposes.
3. The manner of financing the joint or cooperative undertaking and of establishing
and maintaining a budget therefor.
4. The permissible method or methods to be employed in accomplishing the partial or
complete termination of the agreement and for disposing of property upon such partial or
complete termination.
5. If a separate legal entity is formed pursuant to subsection A, the precise
organization, composition, title and nature of the entity.
6. Any other necessary and proper matters.
C. No agreement made pursuant to this article shall relieve any public agency of
any obligation or responsibility imposed upon it by law.
D. Except as provided in subsection E, every agreement or contract involving any
public agency, board or commission made pursuant to this article shall, prior to its
execution, be submitted to the attorney for each such public agency, board or commission,
who shall determine whether the agreement is in proper form and is within the powers and
authority granted under the laws of this state to such public agency, board or
commission.
E. A federal department or agency which is a party to an agreement or contract made
pursuant to this article is not required to submit the agreement or contract to the
attorney for the federal department or agency unless required under federal law.
F. Any agreement or contract submitted to the attorney general shall be filed with
the secretary of state and shall become effective on the date provided in the agreement.
The secretary of state shall prepare a cross-index of the names of all public agencies
which coordinate with the attorney general and secretary of state and file an agreement
under this section.
G. Any agreement or contract submitted to an attorney other than the attorney
general shall be filed with the secretary of state if the agreement affects more than one
county and shall be filed with the county recorder if only one county is affected and
shall become effective on the date provided in the agreement.
H. Appropriate action by ordinance, resolution or otherwise pursuant to the laws
applicable to the governing bodies of the participating agencies approving or extending
the duration of the agreement or contract shall be necessary before any such agreement,
contract or extension may be filed or become effective.
I. If a school district is a party to an agreement made pursuant to subsection A,
the parties to such agreement may extend the duration of the agreement by notification to
the secretary of state if the agreement is filed pursuant to subsection F. Such
agreement may be extended as many times as is desirable, but each extension may not
exceed the duration of the previous agreement.
J. Payment for services under this section shall not be made unless pursuant to a
fully approved written contract.
K. A person who authorizes payment of any monies in violation of this section is
liable for the monies paid plus twenty per cent of such amount and legal interest from
the date of payment.
L. Notwithstanding any other provision of law, public agencies may enter into a
contract or agreement pursuant to this section with the superior court, justice courts
and police courts for related services and facilities of such courts for a term not to
exceed ten years, with the approval of such contract or agreement by the presiding judge
of the superior court in the county in which the court or courts which provide the
facilities or services are located.
11-952 Intergovernmental agreements and contracts
(L05, Ch. 273, sec. 2)
A. If authorized by their legislative or other governing bodies, two or more public
agencies or public procurement units by direct contract or agreement may contract for
services or jointly exercise any powers common to the contracting parties and may enter
into agreements with one another for joint or cooperative action or may form a separate
legal entity, including a nonprofit corporation, to contract for or perform some or all
of the services specified in the contract or agreement or exercise those powers jointly
held by the contracting parties.
B. Any such contract or agreement shall specify the following:
1. Its duration.
2. Its purpose or purposes.
3. The manner of financing the joint or cooperative undertaking and of establishing
and maintaining a budget therefor.
4. The permissible method or methods to be employed in accomplishing the partial or
complete termination of the agreement and for disposing of property upon such partial or
complete termination.
5. If a separate legal entity is formed pursuant to subsection A, the precise
organization, composition, title and nature of the entity.
6. Any other necessary and proper matters.
C. No agreement made pursuant to this article shall relieve any public agency of
any obligation or responsibility imposed upon it by law.
D. Except as provided in subsection E, every agreement or contract involving any
public agency, board or commission made pursuant to this article shall, prior to its
execution, be submitted to the attorney for each such public agency, board or commission,
who shall determine whether the agreement is in proper form and is within the powers and
authority granted under the laws of this state to such public agency, board or
commission.
E. A federal department or agency which is a party to an agreement or contract made
pursuant to this article is not required to submit the agreement or contract to the
attorney for the federal department or agency unless required under federal law.
F. Any agreement or contract submitted to the attorney general shall be filed with
the secretary of state and shall become effective on the date provided in the agreement.
The secretary of state shall prepare a cross-index of the names of all public agencies
which coordinate with the attorney general and secretary of state and file an agreement
under this section.
G. Any agreement or contract submitted to an attorney other than the attorney
general shall be filed with the secretary of state if the agreement affects more than one
county and shall be filed with the county recorder if only one county is affected and
shall become effective on the date provided in the agreement.
H. Appropriate action by ordinance, resolution or otherwise pursuant to the laws
applicable to the governing bodies of the participating agencies approving or extending
the duration of the agreement or contract shall be necessary before any such agreement,
contract or extension may be filed or become effective.
I. If a school district is a party to an agreement made pursuant to subsection A,
the parties to such agreement may extend the duration of the agreement by notification to
the secretary of state if the agreement is filed pursuant to subsection F. Such agreement
may be extended as many times as is desirable, but each extension may not exceed the
duration of the previous agreement.
J. Payment for services under this section shall not be made unless pursuant to a
fully approved written contract.
K. A person who authorizes payment of any monies in violation of this section is
liable for the monies paid plus twenty per cent of such amount and legal interest from
the date of payment.
L. Notwithstanding any other provision of law, public agencies may enter into a
contract or agreement pursuant to this section with the superior court, justice courts
and police courts for related services and facilities of such courts for a term not to
exceed ten years, with the approval of such contract or agreement by the presiding judge
of the superior court in the county in which the court or courts which provide the
facilities or services are located.
M. A county with a population of more than one million two hundred thousand persons
may enter into an intergovernmental agreement with a city or town to allow the city or
town to enforce the provisions of the county's ordinances regulating adult entertainment
businesses and the county's building codes, excluding the issuance of licenses or
permits, in a specified portion of the county. An intergovernmental agreement pursuant to
this subsection shall apply only to a portion of a county that is entirely surrounded by
one or more cities or towns. 11-953 Appropriations
Any public agency entering into an agreement or contract pursuant to this article
may appropriate funds and may sell, lease, give or otherwise supply for the benefit of
the joint or cooperative undertaking such services or personnel as may be within its
legal power to furnish.
11-954 Limitation of powers
Except for the right of joint exercise of powers granted in this article, the
provisions of this article shall be cumulative and supplemental and nothing contained in
this article shall be so construed as to authorize any public agency to exercise any
power or engage in any business or enterprise that such public agency is not authorized
to exercise or engage in pursuant to other provisions of law.
11-961 Definitions
In this article, unless the context otherwise requires:
1. "Acquiring agency" means the state, any department, agency, board or commission
of the state, counties, school districts, cities, towns, all municipal corporations and
any other political subdivision of the state, except the department of transportation.
2. "Business" means any lawful activity, excepting a farm operation, conducted
primarily by or for any of the following:
(a) For the purchase, sale, lease and rental of personal and real property and for
the manufacture, processing or marketing of products, commodities or any other personal
property.
(b) For the sale of services to the public.
(c) By a nonprofit corporation.
(d) Solely for the purposes of section 11-963, for assisting in the purchase, sale,
resale, manufacture, processing or marketing of products, commodities, personal property
or services by the erection and maintenance of an outdoor advertising display or
displays, whether or not such display or displays are located on the premises on which
any of the above activities are conducted.
3. "Comparable replacement dwelling" means a dwelling that is all of the following:
(a) Decent, safe and sanitary.
(b) Adequate in size to accommodate the occupants.
(c) Within the financial means of the displaced person.
(d) Functionally equivalent.
(e) In an area which is not subject to unreasonably adverse environmental
conditions.
(f) In a location which is generally not less desirable than the location of the
displaced person's dwelling with respect to public utilities, facilities, services and
the displaced person's place of employment.
4. "Displaced person" means:
(a) A person who moves from real property or moves his personal property from real
property either:
(i) As a direct result of a written notice of intent to acquire, the initiation of
negotiations for or the acquisition of such real property in whole or in part for a
program or project undertaken by a displacing agency.
(ii) On which the person is a residential tenant or conducts a farm operation or a
business, and the move is a direct result of rehabilitation, demolition or other
displacing activity as the lead agency prescribes under a program or project undertaken
by a displacing agency, if the displacing agency determines that the displacement is
permanent.
(b) Solely for the purposes of section 11-962 and section 11-963, subsections A and
B, a person who moves from real property or moves his personal property from real
property either:
(i) As a direct result of a written notice of intent to acquire or the acquisition
of other real property, in whole or in part, on which the person conducts a business or
farm operation, for a program or project undertaken by a displacing agency.
(ii) As a direct result of rehabilitation, demolition or other displacing activity
as the lead agency prescribes, of other real property on which the person conducts a
business or a farm operation, under a program or project undertaken by a displacing
agency, if the displacing agency determines that the displacement is permanent.
Displaced person does not include a person who has been determined, according to criteria
established by the lead agency, as not having been displaced, including persons either
unlawfully occupying the displacement property or occupying the property for the purpose
of obtaining assistance under this article or, in any case in which the displacing agency
acquires property for a program or project, a person, other than a person who was an
occupant of the property at the time it was acquired, who occupies the property on a
rental basis for a short term or a period subject to termination when the property is
needed for the program or project.
5. "Displacing agency" means the state or state agency except the department of
transportation and any political subdivision or person carrying out a program or project
with federal financial assistance, or with the approval of the governing body of the
acquiring agency, state or local financial assistance, which causes a person to be a
displaced person.
6. "Farm operation" means any activity conducted primarily for the production of
one or more agricultural products or commodities for sale and home use, and customarily
producing such products or commodities in sufficient quantity to be capable of
contributing materially to the operator's support.
7. "Federal financial assistance" means a grant, loan or contribution in any form
whatsoever provided by the United States to an acquiring agency, except any federal
guarantee or insurance, and any interest reduction payment to a person in connection with
the purchase and occupancy of a residence by that person.
8. "Initiation of negotiations" means the delivery of the initial written offer by
the acquiring agency to the owner or the owner's representative to purchase real property
for a project for the amount determined to be proper compensation or other actions to
serve this purpose as determined by the lead agency.
9. "Lead agency" means the acquiring agency except as required by federal law.
10. "Mortgage" means such classes of liens as are commonly given to secure advances
on, or the unpaid purchase price of, real property, under the laws of the state in which
the real property is located, together with the credit instruments, if any, secured
thereby.
11. "Person" means any individual, family, partnership, corporation or association.
12. "Small business" means a business as defined in paragraph 2 of this section and
if the number of employees of the business at the affected site is five hundred or less.
11-962 Relocation assistance advisory services
A. Programs or projects undertaken by an acquiring agency shall be planned in a
manner that both:
1. Recognizes, at an early stage in the planning of the programs or projects and
before the commencement of any actions which will cause displacements, the problems
associated with the displacement of individuals, families, businesses and farm
operations.
2. Provides for the resolution of problems in order to minimize adverse impacts on
displaced persons and to expedite program or project advancement and completion.
B. An acquiring agency may provide that the relocation assistance advisory services
described in subsection C are made available to all persons displaced by the agency. If
the agency determines that a person occupying property which is immediately adjacent to
the property where the displacing activity occurs is caused substantial economic injury
as a result of the activity, the agency may make advisory services available to the
person.
C. The relocation assistance advisory services provided by subsection B shall
include such measures, facilities or services necessary or appropriate to:
1. Determine and make timely recommendations on the needs and preferences of
displaced persons for relocation assistance.
2. Provide current and continuing information on the availability, sales prices and
rental charges of comparable replacement dwellings for displaced homeowners and tenants
and suitable locations for businesses and farm operations.
3. Assist a person who is displaced from a business or farm operation in obtaining
and becoming established in a suitable replacement location.
4. Supply information concerning federal, state and local programs which may be of
assistance to displaced persons and technical assistance to those persons in applying for
assistance through the programs.
5. Provide other advisory services to displaced persons to minimize hardships to
those persons in adjusting to relocation.
D. The acquiring agency shall coordinate relocation activities performed by the
agency with other federal, state or local governmental actions in the community which
could affect the efficient and effective delivery of relocation assistance and related
services.
E. If an acquiring agency acquires property for a program or project, a person who
occupies the property on a rental basis for a short term or a period subject to
termination when the property is needed for the program or project is eligible for
advisory services to the extent determined by the displacing agency.
11-963 Payment of moving and related expenses; substitute payments
A. The displacing agency, as a part of the cost of the project, shall make a
payment to a displaced person, business or farm operation, upon proper application to the
acquiring agency, for:
1. Actual reasonable expenses in moving himself and his family, business, farm
operation or other personal property, as determined by the lead agency.
2. Actual direct losses of tangible personal property as a result of moving or
discontinuing a business or farm operation, but not to exceed an amount equal to the
reasonable expenses that would have been required to relocate such property, as
determined by the lead agency.
3. Actual reasonable expenses of not to exceed one thousand dollars in searching
for a replacement business or farm, provided, however, that in exceptional cases an
amount greater than one thousand dollars may be authorized by the chief executive officer
or designee of the lead agency.
4. Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit
organization or small business at its new site, as determined by criteria established by
the lead agency, but not to exceed ten thousand dollars.
B. Any displaced person who is eligible for payments under subsection A, who is
displaced from a dwelling and who elects to accept the payments authorized by this
subsection in lieu of the payments authorized by subsection A may receive a moving
expense and dislocation allowance, determined according to a schedule established by the
lead agency.
C. A displaced person who is eligible for payments under subsection A, who is
displaced from the person's place of business or farm operation and who is eligible under
criteria established by the lead agency may elect to accept the payment authorized by
this subsection instead of the payment authorized by subsection A. This payment consists
of a fixed payment in an amount determined by criteria established by the lead agency,
except that the payment shall not be less than one thousand dollars nor more than twenty
thousand dollars. A person whose sole business at the displacement property is the
rental of the property to others does not qualify for a payment under this subsection.
11-964 Replacement housing for homeowners
A. In addition to payments otherwise authorized by this article, the displacing
agency shall make an additional payment, of not more than twenty-two thousand five
hundred dollars, to any displaced person who is displaced from a dwelling actually owned
and occupied by the displaced person for not fewer than one hundred eighty days before
the initiation of negotiations for the acquisition of the property. This additional
payment shall include the following amounts as determined by the acquiring agency:
1. The amount, if any, which, when added to the acquisition cost of the dwelling
acquired by the displacing agency, equals the reasonable cost of a comparable replacement
dwelling.
2. The amount, if any, which will compensate the displaced person for any increased
interest costs and other debt service costs which the person is required to pay for
financing the acquisition of any comparable replacement dwelling. The displacing agency
shall pay this amount only if the dwelling acquired by the displacing agency was
encumbered by a bona fide mortgage which was a valid lien on the dwelling for not fewer
than one hundred eighty days immediately before the initiation of negotiations for the
acquisition of the dwelling.
3. Reasonable and necessary expenses incurred by the displaced person for evidence
of title, recording fees and other closing costs incident to the purchase of the
replacement dwelling, if normally paid by the buyer, but not including prepaid expenses.
B. The additional payment authorized by this section shall be made only to a
displaced person who purchases and occupies a comparable replacement dwelling within one
year after the date on which the person receives final payment from the displacing agency
for the acquired dwelling or the date on which the obligation of the displacing agency
under section 11-971 is met, whichever is later, except that the displacing agency may
extend the period for good cause. If the period is extended, the payment under this
section is based on the costs of relocating the person to a comparable replacement
dwelling within one year of that date.
11-965 Expenses incidental to transfer of property
A. In addition to the payments authorized by sections 11-963 and 11-964, the
acquiring agency as a part of the cost of the project, after the date of payment of the
purchase price or the date of deposit in court of funds to satisfy the award or
compensation in a condemnation proceeding to acquire real property, whichever is the
earlier, shall reimburse the owner to the extent it deems fair and reasonable for
expenses he necessarily incurred for:
1. Recording fees, transfer taxes and similar expenses incidental to conveying such
real property.
2. Penalty costs for prepayment of any preexisting recorded mortgage entered into
in good faith encumbering such real property.
B. In addition to the reimbursements authorized by subsection A of this section,
the acquiring agency shall reimburse the owner for paid real property taxes in excess of
the owner's pro rata portion allocable to a period subsequent to the date of vesting of
title in the acquiring agency or the effective date of the possession of such real
property by the acquiring agency, whichever is earlier.
11-966 Replacement housing for tenants
A. In addition to amounts otherwise authorized by this article, a displacing agency
may make a payment to or for any person who is displaced from any dwelling and who is not
eligible to receive a payment under section 11-964 if the dwelling was actually and
lawfully occupied by the displaced person for not fewer than ninety days immediately
before the initiation of negotiations for acquisition of the dwelling, or if displacement
is not a direct result of acquisition ninety days immediately before such other event as
the lead agency prescribes. This payment shall be an amount necessary to enable the
person to lease or rent a comparable replacement dwelling, for a period of not more than
forty-two months, but shall not exceed five thousand two hundred fifty dollars, as
determined by the acquiring agency. At the discretion of the displacing agency, a
payment under this subsection may be made in periodic installments. Computation of a
payment under this subsection to a low income displaced person for a comparable
replacement dwelling shall take into account the person's income.
B. A person who is eligible for a payment under subsection A of this section may
elect to apply the payment to a down payment on, and other incidental expenses pursuant
to, the purchase of a comparable replacement dwelling. The person, at the discretion of
the displacing agency, may be eligible under this subsection for the maximum payment
allowed under subsection A of this section, except that, in the case of a displaced
homeowner who has owned and occupied the displacement dwelling for at least ninety days
but not more than one hundred eighty days immediately before the initiation of
negotiations for the acquisition of the dwelling, the payment shall not exceed the
payment the person otherwise would have received under section 11-964, subsection A if
the person had owned and occupied the displacement dwelling one hundred eighty days
immediately before the initiation of the negotiations.
11-967 Application review by the chief executive officer of the acquiring agency
Any displaced person aggrieved by a determination as to eligibility for a payment
authorized by this article, or the amount of a payment, may have his application reviewed
by the chief executive officer of the acquiring agency whose decision shall be final.
11-968 Rules; conflicting federal laws, rules and regulations
A. The state and its departments, agencies, boards and commissions as acquiring
agencies may adopt rules implementing this article by compliance with title 41, chapter
6.
B. Counties, school districts, cities and towns, municipal corporations and other
political subdivisions of the state as acquiring agencies may implement this article by
adoption of ordinances or resolutions of the legislative body thereof.
C. The acquiring agency shall consider federal rules and regulations relating to
relocation assistance and may adopt provisions thereof deemed necessary and desirable and
not in conflict with the laws of this state and relating to:
1. The standards for comparable housing.
2. The standards for decent, safe and sanitary dwellings.
3. Procedure for an aggrieved displaced person to have his determination of
eligibility or amount of payment reviewed.
4. The eligibility of displaced persons for relocation assistance payments, the
procedure for such persons to claim such payments and the amounts thereof.
11-969 Payments not income or resource; welfare assistance
No payment received by a displaced person under this article shall be considered as
income for the purposes of the provisions of title 43 relating to the taxation of income,
nor shall such payments or real property purchased with such payments or the payment for
the real property acquisition which necessitates the relocation be considered as income
or resources for the purposes of determining eligibility or extent of eligibility of any
person for public assistance. Nor shall such payments be deducted from the amount of aid
to which the recipient would otherwise be entitled under any federal, state, county or
city welfare program.
11-970 Effect on eminent domain proceedings
Nothing contained in this article shall be construed as creating in any condemnation
proceedings brought under the power of eminent domain any element of damages not in
existence on May 13, 1972.
11-971 Assurance of availability of housing
A. If a program or project undertaken by a displacing agency cannot proceed on a
timely basis because comparable replacement dwellings are not available and the
displacing agency determines that the dwellings cannot otherwise be made available, the
displacing agency may take any action that is necessary or appropriate to provide the
dwellings by the use of monies authorized for the project. The displacing agency may use
this section to exceed the maximum amounts which may be paid under sections 11-964 and
11-966 on a case by case basis for good cause as determined in accordance with the rules
the lead agency prescribes.
B. A person shall not be required to move from a dwelling because of any program or
project undertaken by a displacing agency unless the displacing agency is satisfied that
comparable replacement housing is available to the person.
C. The displacing agency shall ensure that a person is not required to move from a
dwelling unless the person has had a reasonable opportunity to relocate to a comparable
replacement dwelling, except for any of the following:
1. A major disaster as defined in section 102(2) of the federal disaster relief act
of 1974 (P.L. 93-288; 88 Stat. 143; 42 United States Code section 5121).
2. A national emergency declared by the president of the United States.
3. Any other emergency or urgent need, including that the continued occupancy of
the dwelling by the person constitutes a substantial danger which requires the person to
move immediately from the dwelling because continued occupancy of the dwelling by the
person constitutes a substantial danger to the health or safety of the person or public.
11-972 Litigation expenses
A. The court having jurisdiction of a proceeding instituted by an acquiring agency
to acquire real property by condemnation shall award the owner of any right to, title to
or interest in the real property an amount that will reimburse the owner for the owner's
reasonable costs, disbursements and expenses, including reasonable attorney, appraisal
and engineering fees actually incurred because of the condemnation proceedings if any of
the following occurs:
1. The final judgment is that the acquiring agency cannot acquire the real property
by condemnation.
2. The proceeding is abandoned or dismissed on a motion by the acquiring agency.
B. If an inverse condemnation proceeding is initiated by the owner of any right,
title or interest in real property because of the alleged physical taking of the owner's
property for any public purpose, the court that renders judgment for the plaintiff in the
proceeding and that awards compensation for the physical taking of property, or the
acquiring agency that effects a settlement of any such proceedings, shall determine and
award or allow to the plaintiff as a part of the judgment or settlement an amount that,
in the opinion of the court or the acquiring agency, will reimburse the plaintiff for the
plaintiff's reasonable costs, disbursements and expenses, including reasonable attorney,
appraisal and engineering fees, actually incurred because of the proceeding.
11-973 Buildings, structures and improvements
A. Notwithstanding any other provision of law, if the acquiring agency acquires any
interest in real property, it shall also acquire the same interest in all buildings,
structures or other improvements located upon the real property so acquired and which
will be removed from such real property or which will be adversely affected by the use to
which such real property will be put.
B. For the purpose of determining the just compensation to be paid for any
building, structure or other improvement required to be acquired by subsection A, such
building, structure or other improvement shall be deemed to be a part of the real
property to be acquired, notwithstanding the right or obligation of a tenant, as against
the owner of any other interest in the real property, to remove such building, structure
or improvement at the expiration of his term, and the fair market value which such
building, structure or improvement contributes to the fair market value of the real
property to be acquired, or the fair market value of such building, structure, or
improvement, for removal from the real property, whichever is the greater, shall be paid
to the tenant therefor.
C. Payment under this section shall not result in duplication of any payments
otherwise authorized by law. No such payment shall be made unless the owner of the land
involved disclaims all interest in the improvements of the tenant. In consideration for
any such payment, the tenant shall assign, transfer and release to the acquiring agency
all his right, title and interest in and to such improvements. Nothing in this section
shall be construed to deprive the tenant of any rights to reject payment under this
section and to obtain payment for such property interests in accordance with applicable
law, other than this section.
11-974 When provisions and benefits available
A. This article shall apply to all acquiring, displacing or lead agencies when real
property or improvements thereon are acquired or are to be acquired for a project for
which federal financial assistance is to defray all, or part of, the costs of such
project.
B. In addition to the requirements of subsection A of this section and
notwithstanding section 11-961, paragraph 5, the provisions of sections 11-963 and 11-964
shall apply to any acquiring, displacing or lead agency without action of the governing
or legislative body even if no federal financial assistance is used to defray all or part
of the costs of such project.
C. Except as provided in subsection B of this section, the provisions of this
article may apply and be utilized by any acquiring, displacing or lead agency by action
of the governing or legislative body thereof when no federal financial assistance is used
to defray the costs of such project.
11-981 Payment of benefits, losses and claims; establishment of trust funds
A. In addition to authority granted pursuant to other provisions of law or city
charter, any city, town, county, any special health care district organized pursuant to
title 48, chapter 31 or other political subdivision that is located in a county with a
population of more than one million persons and whose governing body is composed of
members of a county board of supervisors may procure insurance from any insurer
authorized by the director of the department of insurance or may establish a
self-insurance program for the management and administration of a system for direct
payment of benefits, losses or claims or any combination of insurance and direct
payments, and including risk management consultation, to provide:
1. Health, accident, life or disability benefits for employees and officers of the
city, town, county, any special health care district organized pursuant to title 48,
chapter 31 or other political subdivision that is located in a county with a population
of more than one million persons and whose governing body is composed of members of a
county board of supervisors and their dependents.
2. Payment of any property loss sustained or lawful claim of liability or
fortuitous loss made against the city, town, county, any special health care district
organized pursuant to title 48, chapter 31 or other political subdivision that is located
in a county with a population of more than one million persons and whose governing body
is composed of members of a county board of supervisors or its elected or appointed
officials, employees or officers if such elected or appointed officials, employees or
officers are acting within the scope of employment or authority.
B. If any city, town, county, any special health care district organized pursuant
to title 48, chapter 31 or other political subdivision that is located in a county with a
population of more than one million persons and whose governing body is composed of
members of a county board of supervisors establishes a self-insurance program for the
management and administration of a system for direct payment of benefits, losses or
claims pursuant to subsection A, the governing body of such city, town, county, any
special health care district organized pursuant to title 48, chapter 31 or other
political subdivision that is located in a county with a population of more than one
million persons and whose governing body is composed of members of a county board of
supervisors shall place all funds into a trust fund for the purposes of this section in
amounts as determined appropriate by the governing body of the city, town, county, any
special health care district organized pursuant to title 48, chapter 31 or other
political subdivision that is located in a county with a population of more than one
million persons and whose governing body is composed of members of a county board of
supervisors, except that any city, town, county, any special health care district
organized pursuant to title 48, chapter 31 or other political subdivision that is located
in a county with a population of more than one million persons and whose governing body
is composed of members of a county board of supervisors establishing such a trust fund
shall:
1. Designate a risk management consultant or insurance administrator licensed
pursuant to title 20, chapter 2, article 3 or 9, and such license shall be verified by
the governing body of the city, town, county, any special health care district organized
pursuant to title 48, chapter 31 or other political subdivision that is located in a
county with a population of more than one million persons and whose governing body is
composed of members of a county board of supervisors.
2. The trust shall be administered by at least five joint trustees, of whom no more
than one may be a member of the governing body of the city, town, county, any special
health care district organized pursuant to title 48, chapter 31 or other political
subdivision that is located in a county with a population of more than one million
persons and whose governing body is composed of members of a county board of supervisors
and no more than one may be an employee of the city, town, county, any special health
care district organized pursuant to title 48, chapter 31 or other political subdivision
that is located in a county with a population of more than one million persons and whose
governing body is composed of members of a county board of supervisors.
3. The trustees of the trust must be bonded, a stop-loss provision must be
incorporated in the trust agreement and an annual audit must be performed by an external
auditor and a copy of the report kept on file in the offices of the governing body of the
city, town, county, any special health care district organized pursuant to title 48,
chapter 31 or other political subdivision that is located in a county with a population
of more than one million persons and whose governing body is composed of members of a
county board of supervisors for a period of not less than five years.
4. Not make any expenditure from the trust fund for any purpose not specified in
this article.
C. Expenditures during the fiscal year from the trust fund and monies in the trust
fund at the close of the fiscal year shall not be subject to the provisions of title 42,
chapter 17, article 3.
D. In the event that such a trust fund is no longer used by the city, town, county,
any special health care district organized pursuant to title 48, chapter 31 or other
political subdivision that is located in a county with a population of more than one
million persons and whose governing body is composed of members of a county board of
supervisors for the purposes herein set forth, it shall revert during that fiscal year to
the general fund of such city, town, county, any special health care district organized
pursuant to title 48, chapter 31 or other political subdivision that is located in a
county with a population of more than one million persons and whose governing body is
composed of members of a county board of supervisors.
E. The authority granted to a city, town, county, any special health care district
organized pursuant to title 48, chapter 31 or other political subdivision that is located
in a county with a population of more than one million persons and whose governing body
is composed of members of a county board of supervisors by this section is not subject to
title 20, except that any health, life, accident or disability benefit plan shall conform
to the benefits required by title 20.
F. This section shall not be construed to authorize any city, town, county, any
special health care district organized pursuant to title 48, chapter 31 or other
political subdivision that is located in a county with a population of more than one
million persons and whose governing body is composed of members of a county board of
supervisors to procure insurance from any insurer not authorized by the director of the
department of insurance.
11-1001 Definitions
In section 13-1208 and in this article, unless the context otherwise requires:
1. "Animal" means any animal of a species that is susceptible to rabies, except
man.
2. "At large" means being neither confined by an enclosure nor physically
restrained by a leash.
3. "County board of health" means the duly constituted board of health of each
county.
4. "County enforcement agent" means that person in each county who is responsible
for the enforcement of this article and the rules adopted under this article.
5. "County pound" means any establishment authorized by the county board of
supervisors for the confinement, maintenance, safekeeping and control of dogs and other
animals that come into the custody of the county enforcement agent in the performance of
his official duties.
6. "Department" means the department of health services.
7. "Impound" means the act of taking or receiving into custody by the county
enforcement agent any dog or other animal for the purpose of confinement in a county
pound in accordance with the provisions of this article.
8. "Kennel" means an enclosed, controlled area, inaccessible to other animals, in
which a person keeps, harbors or maintains five or more dogs under controlled conditions.
9. "Livestock" means neat animals, horses, sheep, goats, swine, mules and asses.
10. "Owner" means any person keeping an animal other than livestock for more than
six consecutive days.
11. "Rabies quarantine area" means any area in which a state of emergency has been
declared to exist due to the occurrence of rabies in animals in or adjacent to this area.
12. "Stray dog" means any dog three months of age or older running at large that is
not wearing a valid license tag.
13. "Vaccination" means the administration of an anti-rabies vaccine to animals by a
veterinarian.
14. "Veterinarian", unless otherwise indicated, means any veterinarian licensed to
practice in this state or any veterinarian employed in this state by a governmental
agency.
15. "Veterinary hospital" means any establishment operated by a veterinarian
licensed to practice in this state that provides clinical facilities and houses animals
or birds for dental, medical or surgical treatment. A veterinary hospital may have
adjacent to it or in conjunction with it or as an integral part of it pens, stalls, cages
or kennels for quarantine, observation or boarding.
16. "Vicious animal" means any animal of the order carnivora that has a propensity
to attack, to cause injury to or to otherwise endanger the safety of human beings without
provocation, or that has been so declared after a hearing before a justice of the peace
or a city magistrate. 11-1002 Powers and duties of the state veterinarian and the ARIZONA department of agriculture
A. The state veterinarian, employed pursuant to section 3-1211, shall designate the
type or types of anti-rabies vaccines that may be used for vaccination of animals, the
period of time between vaccination and revaccination and the dosage and method of
administration of the vaccine.
B. The ARIZONA department of agriculture shall regulate the handling and
disposition of animals classed as livestock that have been bitten by a rabid or suspected
rabid animal or are showing symptoms suggestive of rabies.
11-1003 Powers and duties of department of health services
A. The department of health services shall regulate the handling and disposition of
animals other than livestock that have been bitten by a rabid or suspected rabid animal
or are showing symptoms suggestive of rabies.
B. The department of health services may require the county enforcement agent to
submit a record of all dog licenses issued and in addition any information deemed
necessary to aid in the control of rabies.
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 the provisions of 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.
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.
(b) Civil penalties for violations of an ordinance adopted pursuant to paragraph 4
or 5, 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) 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.
11-1006 Hearing officer; hearing on civil violations; additional remedies
A. A county board of supervisors that establishes a civil penalty for violating an
animal statute or ordinance may appoint one or more hearing officers to hear and
determine such cases. The board may appoint a county employee to serve as hearing
officer in addition to his other work.
B. The hearing officer shall hold a hearing on each violation reported by the
county enforcement agent. Notice of the hearing shall be served personally on the
defendant at least ten days before the hearing. The county enforcement agent shall use a
uniform traffic ticket and complaint for civil traffic cases pursuant to the rules of
procedure in traffic cases adopted by the supreme court, modified as applicable, in
citing persons for violations of ordinances adopted with a civil penalty pursuant to
section 11-1005, subsection A, paragraph 6, subdivision (b).
C. At the hearing the county enforcement agent shall present evidence of the
violation and the defendant, or his attorney or other designated representative, shall
have an opportunity to present evidence. The county attorney may represent and present
evidence for the county enforcement agent.
D. At the conclusion of the hearing the hearing officer shall determine whether a
violation occurred and, if so, impose civil penalties provided for under section 11-1005,
subsection A, paragraph 6, subdivision (b). Monies collected for civil penalties shall
be deposited in the county general fund. The board of supervisors shall adopt, in the
same manner as the animal ordinances, written rules of procedure for the hearings and
review of hearings. Final decisions of the hearing officer under this subsection are
subject to judicial review under title 12, chapter 7, article 6.
E. In addition to other remedies provided by law, the board of supervisors, the
county attorney, the county enforcement agent or a private individual or other entity
that is specially damaged by a violation of an animal statute or ordinance may institute
an injunction, mandamus, abatement or other appropriate action or proceeding to prevent
or abate the violation.
11-1007 Powers and duties of county enforcement agent
A. The county enforcement agent shall:
1. Enforce the provisions of this article, county ordinances adopted under this
article and municipal ordinances which the board of supervisors has contracted to
enforce.
2. Issue citations for the violation of the provisions of this article, county
ordinances adopted under this article and municipal ordinances which the board of
supervisors has contracted to enforce. The procedure for the issuance of notices to
appear shall be as provided for peace officers in section 13-3903, except that the
enforcement agent shall not make an arrest before issuing the notice.
B. The issuance of citations pursuant to this section shall be subject to the
provisions of section 13-3899.
C. The county enforcement agent may designate deputies.
11-1008 License fees for dogs; issuance of dog tags; classification
A. The board of supervisors of each county may set a license fee which shall be
paid for each dog three months of age or over that is kept, harbored or maintained within
the boundaries of the state for at least thirty consecutive days of each calendar year.
License fees shall become payable at the discretion of the board of supervisors of each
county. The licensing period shall not exceed the period of time for revaccination as
designated by the state veterinarian. License fees shall be paid within ninety days to
the board of supervisors. A penalty fee of two dollars shall be paid if the license
application is made less than one year subsequent to the date on which the dog is
required to be licensed under this article. If the license application is made one year
or later from the date on which the dog is required to be licensed, an additional penalty
fee of ten dollars shall be paid for each subsequent year up to a maximum of twenty-two
dollars. This penalty shall not be assessed against applicants who furnish adequate
proof that the dog to be licensed has been in their possession in ARIZONA less than
thirty consecutive days.
B. If the board of supervisors adopts a license fee, the board shall provide
durable dog tags. Each dog licensed under the terms of this article shall receive, at the
time of licensing, such a tag on which shall be inscribed the name of the county, the
number of the license, and the year in which it expires. The tag shall be attached to a
collar or harness which shall be worn by the dog at all times, except as otherwise
provided in this article. Whenever a dog tag is lost, a duplicate tag shall be issued
upon application by the owner and payment of a fee established by the board of
supervisors.
C. The board of supervisors may set license fees that are lower for dogs
permanently incapable of procreation. An applicant for a license for a dog claimed to be
incapable of procreation shall furnish adequate proof satisfactory to the enforcement
agent that such dog has been surgically altered to be permanently incapable of
procreation.
D. All fees and penalties shall be deposited in the rabies control fund pursuant to
section 11-1011.
E. Any person who knowingly fails within fifteen days after written notification
from the county enforcement agent to obtain a license for a dog required to be licensed,
counterfeits an official dog tag, removes such tag from any dog for the purpose of
intentional and malicious mischief or places a dog tag upon a dog unless the tag was
issued for that particular dog is guilty of a class 2 misdemeanor. 11-1009 Kennel permit; fee; violation; classification
A. A person operating a kennel shall obtain a permit issued by the board of
supervisors of the county where the kennel is located except if each individual dog is
licensed.
B. The annual fee for the kennel permit is seventy-five dollars or the actual cost
of recovery as determined by the board of supervisors.
C. A dog remaining within the kennel is not required to be licensed individually
under section 11-1008. A dog leaving the controlled kennel conditions shall be licensed
under section 11-1008 except if the dog is only being transported to another kennel which
has a permit issued under this section.
D. A person who fails to obtain a kennel permit under this section is subject to a
penalty of twenty-five dollars in addition to the annual fee.
E. A person who knowingly fails to obtain a kennel permit within thirty days after
written notification from the county enforcement agent is guilty of a class 2
misdemeanor.
11-1010 Anti-rabies vaccination; vaccination and license stations
A. Before a license is issued for any dog, the owner or a veterinarian must present
a paper or electronic copy or telefacsimile of the vaccination certificate signed by a
veterinarian stating the owner's name and address, and giving the dog's description, date
of vaccination, manufacturer and serial number of the vaccine used and date revaccination
is due. A duplicate of each rabies vaccination certificate issued shall be transmitted
to the county enforcement agent within two weeks of the date the dog was vaccinated. No
dog shall be licensed unless it is vaccinated in accordance with the provisions of this
article and the regulations promulgated pursuant to this article.
B. A dog vaccinated in any other state prior to entry into ARIZONA may be licensed
in ARIZONA provided that, at the time of licensing, the owner of the dog presents a
vaccination certificate, signed by a veterinarian licensed to practice in that state or a
veterinarian employed by a governmental agency in that state, stating the owner's name
and address, and giving the dog's description, date of vaccination and type, manufacturer
and serial number of the vaccine used. The vaccination must be in conformity with the
provisions of this article and the regulations promulgated pursuant to this article.
C. The county enforcement agent shall make provisions for vaccination clinics as
deemed necessary. The vaccination shall be performed by a veterinarian. 11-1011 Rabies control fund
A. The board of supervisors shall transmit the monies collected under the
provisions of this article to the county treasurer for deposit in a special fund to be
known as the rabies control fund to be used for the enforcement of the provisions of this
article and the regulations promulgated thereunder. The county treasurer shall maintain
the fund.
B. Any unencumbered balance remaining in the rabies control fund at the end of a
fiscal year shall be carried over into the following fiscal year.
11-1012 Dogs not permitted at large; wearing licenses
A. Neither a female dog during her breeding or mating season nor a vicious dog
shall be permitted at large.
B. In a rabies quarantine area, no dogs shall be permitted at large. Each dog shall
be confined within an enclosure on the owner's property, secured so that the dog is
confined entirely to the owner's property, or on a leash not to exceed six feet in length
and directly under the owner's control when not on the owner's property.
C. Any dog over the age of three months running at large shall wear a collar or
harness to which is attached a valid license tag. Dogs that are used for control of
livestock, being used or trained for hunting or dogs, being exhibited or trained at a
kennel club event or engaged in races approved by the ARIZONA racing commission, and
while the dogs are being transported to and from such events, need not wear a collar or
harness with a valid license attached provided that they are properly vaccinated,
licensed and controlled.
D. No person in charge of any dog shall permit such dog in a public park or upon
any public school property unless the dog is physically restrained by a leash, enclosed
in a car, cage or similar enclosure or being exhibited or trained at a recognized kennel
club event, public school or park sponsored event. 11-1013 Establishment of county pounds; impounding and disposing of dogs and cats; reclaiming impounded dogs and cats; pound fees
A. The board of supervisors in each county may provide or authorize a county pound
or pounds or enter into a cooperative agreement with a city, a veterinarian or an ARIZONA
incorporated humane society for the establishment and operation of a county pound.
B. Any stray dog shall be impounded. All dogs and cats impounded shall be given
proper care and maintenance.
C. Each stray dog or any cat impounded shall be kept and maintained at the county
pound for a minimum of seventy-two hours unless claimed by its owner. Any person may
purchase such a dog or cat upon expiration of the impoundment period, provided such
person pays all pound fees established by the county board of supervisors and complies
with the licensing and vaccinating provisions of this article. If such dog or cat is to
be used for medical research, no license or vaccination shall be required.
D. Any impounded licensed dog or any cat may be reclaimed by its owner or such
owner's agent provided that the person reclaiming the dog or cat furnishes proof of his
right to do so and pays all pound fees established by the board of supervisors. Any
person purchasing such a dog or cat shall pay all pound fees established by the board of
supervisors.
E. If the dog or cat is not reclaimed within the impoundment period, the county
enforcement agent shall take possession of and may place the dog or cat for sale or may
dispose of the dog or cat in a humane manner. The county enforcement agent may destroy
impounded sick or injured dogs or cats if destruction is necessary to prevent the dog or
cat from suffering or to prevent the spread of disease.
11-1014 Biting animals; reporting; handling and destruction
A. An unvaccinated dog or cat that bites any person shall be confined and
quarantined in a county pound or, on request of and at the expense of the owner, at a
veterinary hospital for a period of not less than ten days. The quarantine period shall
start on the day of the bite incident. If the day of the bite is not known, the
quarantine period shall start on the first day of impoundment. A dog properly vaccinated
pursuant to this article that bites any person may be confined and quarantined at the
home of the owner or wherever the dog is harbored and maintained with the consent of and
in a manner prescribed by the county enforcement agent.
B. Any domestic animal, other than a dog, a cat or a caged or pet rodent or rabbit,
that bites any person shall be confined and quarantined in a county pound or, on the
request and at the expense of the owner, at a veterinary hospital for a period of not
less than fourteen days. Livestock shall be confined and quarantined for the fourteen-day
period in a manner regulated by the ARIZONA department of agriculture. Caged or pet
rodents or rabbits shall not be quarantined or laboratory tested.
C. With the exception of a wild rodent or rabbit, any wild animal that bites any
person or directly exposes any person to its saliva may be killed and submitted to the
county enforcement agent or the agent's deputies for transport to an appropriate
diagnostic laboratory. A wild rodent or rabbit may be submitted for laboratory testing if
the animal has bitten a person and either the animal's health or behavior indicates that
the animal may have rabies or the bite occurred in an area that contains a rabies
epizootic, as determined by the department of health services.
D. Whenever an animal bites any person, the incident shall be reported to the
county enforcement agent immediately by any person having direct knowledge.
E. The county enforcement agent may destroy any animal confined and quarantined
pursuant to this section before the termination of the minimum confinement period for
laboratory examination for rabies if:
1. The animal shows clear clinical signs of rabies.
2. The animal's owner consents to its destruction.
F. Any animal subject to licensing under this article found without a tag
identifying its owner shall be deemed unowned.
G. The county enforcement agent shall destroy a vicious animal by order of a
justice of the peace or a city magistrate. A justice of the peace or city magistrate may
issue an order to destroy a vicious animal after notice to the owner, if any, and the
person who was bitten, and a hearing. The justice of the peace or city magistrate may
impose additional procedures and processes to protect all parties in the interest of
justice and any decision by the justice of the peace or magistrate may be appealed to the
superior court.
H. The owner of a vicious animal shall be responsible for any fees incurred by the
enforcement agent for the impounding, sheltering and disposing of the vicious animal.
11-1015 Unlawful interference with county enforcement agent
It is unlawful for any person to interfere with the county enforcement agent in the
performance of his duties.
11-1016 Removing impounded animals
No person may remove or attempt to remove an animal which has been impounded or
which is in the possession of the county enforcement agent except in accordance with the
provisions of this article and the regulations promulgated thereunder.
11-1017 Unlawful keeping of dogs
It is unlawful for a person to keep, harbor or maintain a dog within the state of
ARIZONA except as provided by the terms of this article.
11-1018 Exemption of cities, towns and counties
A. The provisions of this article shall not apply to incorporated cities or towns
that impose a license fee and vaccination on dogs by ordinance, provided that such
ordinance is equal to or more stringent than the provisions of this article.
B. The provisions of this article shall not apply to counties which regulate the
running at large of dogs in the unincorporated areas of the county by ordinance provided
that such ordinance is equal to or more stringent than the provisions of this article.
11-1019 Violation; classification
Any person who fails to comply with the requirements of this article, or violates
any of its provisions, is guilty of a class 2 misdemeanor unless another classification
is specifically prescribed in this article.
11-1020 Dogs; liability
Injury to any person or damage to any property by a dog while at large shall be the
full responsibility of the dog owner or person or persons responsible for the dog when
such damages were inflicted.
11-1021 Proper care, maintenance and destruction of impounded animals
A. Any animal impounded in a county, city or town pound shall be given proper and
humane care and maintenance.
B. Any animal destroyed while impounded in a county, city or town pound shall be
destroyed only by the use of one of the following:
1. Sodium pentobarbital or a derivative of sodium pentobarbital.
2. Nitrogen gas.
3. T-61 euthanasia solution or its generic equivalent.
C. If an animal is destroyed by means specified in subsection B, paragraph 1 or 3
of this section, it shall be done by a licensed veterinarian or in accordance with
procedures established by the state veterinarian pursuant to section 3-1213.
D. The governing body of any county, city or town which operates a pound shall
establish procedures for the humane destruction of impounded animals by the methods
described in subsections B and C of this section.
11-1022 Sterilization of impounded dogs and cats; definition
A. A dog or cat shall not be released for adoption from a county, city or town
pound or from an animal shelter unless one of the following applies:
1. The dog or cat has been first surgically spayed or neutered.
2. There is no veterinary facility capable of performing surgical sterilization
within a twenty mile radius of the pound or shelter.
3. A veterinarian determines that a medical contraindication for surgery exists
that reasonably requires postponement of the surgery until the surgery can be performed
in a safe and humane manner.
B. If subsection A, paragraph 2 or 3 applies, the adopting party shall sign an
agreement to have the dog or cat spayed or neutered by a veterinarian within thirty days
or within fifteen days of a veterinarian's determination that surgical sterilization may
be performed in a safe and humane manner and shall deposit with the pound or shelter an
amount sufficient to ensure that the dog or cat will be sterilized.
C. If the adoption fee includes the cost of spaying or neutering, then no deposit
is required. The amount of the deposit required by subsection B shall be determined by
the pound or shelter to be comparable to the lowest fee charged by veterinarians in the
county. The pound or shelter shall refund to the adopting party any monies deposited
pursuant to the agreement if within the time provided in the agreement there is presented
a written statement signed by a licensed veterinarian that the adopted dog or cat has
been spayed or neutered.
D. Any deposit monies that are not refunded under subsection C shall be used only
for the following purposes:
1. Spaying or neutering dogs and cats.
2. Public education to prevent overpopulation of dogs and cats.
3. Costs of confirming that adopted dogs and cats are spayed or neutered.
E. This section does not apply to a county or incorporated city or town that adopts
an ordinance or resolution for dog and cat sterilization that exceeds the requirements of
this section.
F. For the purposes of this section, "animal shelter" means a duly incorporated
humane society, animal welfare society, society for the prevention of cruelty to animals
or other nonprofit corporate organization devoted to the welfare, protection and humane
treatment of animals. 11-1023 Unauthorized release of animals; classification; damages
A person who intentionally releases an animal that is lawfully confined for
scientific, research, commercial, educational or for public event, display or exhibition
purposes without the consent of the owner or custodian of the animal is guilty of a class
6 felony and in addition is liable for all of the following:
1. To the owner of the animal for damages including the costs of restoring the
animal to confinement and to its health condition before the release.
2. For damages to real and personal property caused by the released animal.
3. If the release causes the failure of an experiment or loss of market value, for
all costs of repeating the experiment and the loss of value, including replacement of the
animals, labor and materials.
11-1024 Service animals; rights of individuals with disabilities; violation; classification; definitions
A. Any person or entity that operates a public place shall not discriminate against
individuals with disabilities who use service animals.
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.
C. 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.
D. A service animal handler is liable for any damage done to a public place by the
service animal or service animal in training.
E. 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 C of this section.
F. 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, deaf or physically
disabled persons, 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.
G. 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.
H. Any person or entity that violates subsections A through G of this section is
guilty of a class 2 misdemeanor.
I. This section is not intended to affect any civil remedies available for a
violation of this section.
J. 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.
(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 guide dog, signal dog or other animal individually
trained to do work or perform tasks for the benefit of an individual with a disability,
including guiding individuals with impaired vision, alerting individuals with impaired
hearing to intruders or sounds, providing assistance in a medical crisis, pulling a
wheelchair or fetching dropped items.
6. "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.
11-1025 Liability for dog bites
A. The owner of a dog which 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. Nothing in this section or in section 11-1020 shall permit 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. In the apprehension or holding of a suspect where the employee has a reasonable
suspicion of the suspect's involvement in criminal activity.
2. In the investigation of a crime or possible crime.
3. In the execution of a warrant.
4. In the defense of a peace officer or another person.
C. Subsection B of this section shall not apply in any case where 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.
D. Subsection B of this section shall apply only where 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 B of
this section.
11-1026 Lawful presence on private property defined
A person is lawfully in or on the private property of the owner of a dog within the
meaning of this article when an invitee or guest, or when in the performance of a duty
imposed upon him by law of the state or United States, or by ordinances of a municipality
in which such property is located.
11-1027 Reasonable provocation as defense
Proof of provocation of the attack by the person injured shall be a defense to the
action for damages. The issue of provocation shall be determined by whether a reasonable
person would expect that the conduct or circumstances would be likely to provoke a dog.
11-1028 Definitions
In this article, unless the context otherwise requires, the definitions in section
11-1001 apply.
11-1029 Hearing on disposition of abused and vicious animals; forfeiture; exception
A. A peace officer, county enforcement agent or peace officer who has
responsibility for animal control in a municipality who has impounded an animal pursuant
to section 11-1014 or 13-2910, on a showing of probable cause that the animal has been
cruelly mistreated or cruelly neglected or that the animal is vicious or may be a danger
to the safety of any person or other animal, may request a disposition hearing before a
justice of the peace or city magistrate to determine whether the animal has suffered
cruel mistreatment or cruel neglect as defined in section 13-2910 or is vicious. The
hearing shall be set within fifteen business days after the request has been filed.
B. The officer or agent who has requested a hearing under subsection A of this
section shall serve the order on the owner of the animal either by personal service on
the owner or by leaving a copy of the order with a person of suitable discretion at the
owner's residence or place of business. Proof of service shall be filed with the court.
If the owner fails to appear at the hearing or if the justice of the peace or city
magistrate determines that the animal is being cruelly mistreated or cruelly neglected or
determines the animal is vicious, the justice of the peace or city magistrate may order
the animal forfeited to the officer or agent to be made available for adoption or for
transfer to a legally incorporated humane society or approved rescue agency or humanely
destroyed. The owner shall pay impound fees and any other costs for boarding or necessary
veterinary care.
C. This section does not apply to the seizure of an equine pursuant to section
3-1721 or to a city, town or county that adopts or has adopted an ordinance or resolution
providing for the forfeiture of an animal that has suffered cruel mistreatment or cruel
neglect.
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).
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 one 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 five hundred thousand or more but less than one million
persons.
5. Twenty per cent of the monies shall be distributed to counties with a population
of less than five hundred thousand 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.
C. For purposes of subsection B of this section, population shall be determined
according to the most recent United States decennial census.
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