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Arizona

Arizona Revised Statutes Annotated. Title 9. Cities and Towns. Chapter 2. Form of Government. Article 2. Board of Trustees Government After Disincorporation.

Statute Details
Printable Version
Citation: AZ ST 9-219

Citation: A. R. S. 9-219


Last Checked by Web Center Staff: 10/2013

Summary:  

This Arizona statute provides that the board of trustees of a city may pass ordinances not inconsistent or in conflict with the laws of this state.  More specifically, this statute provides that the board may restrain, under penalties, the running at large of cattle or other animals, and provide rules for impounding them, and provide for taxing dogs and penalties for the nonpayment of such taxes, or the killing of dogs running at large in the corporate limits.  However, before exercising these powers, the board shall cause a resolution of intention to be recorded in minutes and then published in some daily or weekly newspaper at least two weeks.



Statute in Full:

A. The board of trustees may:

1. Pass ordinances for the government of the corporation, its officers and the people within its corporate limits not inconsistent or in conflict with the laws of this state.

2. Provide for preserving the peace, and define the punishment by fine, imprisonment, or both, for the violation of ordinances so passed.

3. Establish a board of health and establish and maintain pest houses, and guard against the introduction or spread of contagious diseases, and preserve a sanitary condition of all places within the corporate limits.

4. Employ legal counsel at a stated salary or fee.

5. Restrain, under penalties, the running at large of cattle or other animals, and provide rules for impounding them, and provide for taxing dogs and penalties for the nonpayment of such taxes, or the killing of dogs running at large in the corporate limits.

6. Prohibit, by fine or imprisonment, or both, any theatrical or other performance, show or exhibition it deems injurious to the morals or good order of the corporation.

7. Fix the amount of license to be paid for carrying on any business, game or amusement, and prescribe the manner of collection or payment of the license for stated periods in advance, and fix penalties for nonpayment by fine, imprisonment, or both.

8. Regulate, by ordinance, the days and the hours that places where any kind of amusement is carried on shall be closed.

9. Prohibit, with proper penalty, by fine or imprisonment, or both, the sale, furnishing, or giving away of spirituous or malt liquors.

B. The board may, by ordinance, in all cases not enumerated in this section, protect the public health and preserve the public peace, and prescribe punishment by fine or imprisonment, or both, for the violation of such ordinances, and it may designate the place of imprisonment in a jail or prison in the county for violations of the ordinances of the corporation.

C. The board may provide for the deposit of all monies received for licenses and fines to such fund as may be necessary to pay the expenses of the government of the corporation or its indebtedness, or the indebtedness of the disincorporated corporation.

D. Before any general ordinance of the corporation shall take effect, it shall be passed by a vote of a majority of the board of trustees, be recorded by the clerk in a book provided for that purpose, and be published at least once a week for two successive weeks in a newspaper published in the corporation, to be designated by the board. If there is no newspaper published in the corporation, the ordinance shall be published by posting copies thereof in three public places in the corporation two weeks before it shall be operative. Proof of the publication or posting shall be made by affidavit and recorded by the clerk.

E. The board of trustees may sell and convey, lease or rent real or personal property belonging to the corporation for a price and on terms it deems expedient and advantageous to the interest of the corporation, but no sale of any property shall be entered into or made by the trustees until a resolution of intention has been published in some newspaper in the corporation, if there is one, in the manner provided by § 9-402, or by posting a notice in at least three conspicuous public places for a period of two weeks before such sale.

F. Before exercising the powers enumerated in paragraphs 3, 4, 5, 6 and 7 of § 9-220, the board shall cause a resolution of intention to be spread on their minutes, and publish it in some daily or weekly newspaper at least two weeks, or post it for the same period, as the board deems to the best interest of the corporation, prior to the time of hearing the petition or ordering such improvement or expenditure.

HISTORICAL AND STATUTORY NOTES
Source:
Civ.Code 1901, §§ 461, 462.
Civ.Code 1913, § 1818.
Rev.Code 1928, § 363.
Code 1939, § 16-113.
Laws 1975, H.R. 2004 recommends that anyone who left the United States to avoid service to this nation in the Vietnam conflict or who deserted from the armed forces during such conflict be refused employment in Arizona in positions supported by tax money.



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