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SB1443 - 572R - I Ver
REFERENCE TITLE:
noise pollution; environmental nuisances
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1443
Introduced by
Senators
Rogers: Finchem
AN
ACT
amending sections 9-240, 9-467
and 49-141, arizona revised statutes; RELATING to noise pollution.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-240, Arizona Revised
Statutes, is amended to read:
START_STATUTE
9-240.
General powers of common council
A. The common council shall have control of the finances
and property of the corporation.
B. The common council shall also have power within
the limits of the town:
1. To erect, purchase or lease necessary buildings
for the purposes of the corporation.
2. To appropriate money and provide for the payment
of its debts and expenses.
3.
to do all of the following:
(a)
To
Exercise exclusive
control over the streets, alleys, avenues and sidewalks of the town and to give
and change the names thereof.
(b)
To
Prevent and punish for
the encumbering thereof, and to abate and remove all encumbrances and
obstructions thereon.
(c)
To
Widen, extend,
straighten, regulate, grade, clean or otherwise improve the same.
(d)
To
Open, lay out and
improve new streets, avenues and alleys.
(e)
To
Vacate or abandon any
street, avenue, alley, park, public place or sidewalk in such town or to
abolish them, provided that rights-of-way or easements of existing
sewer, gas, water or similar pipelines and appurtenances and for canals,
laterals or ditches and appurtenances, and for electric, telephone, and similar
lines and appurtenances shall continue as they existed prior to the vacating,
abandonment, or abolishment thereof.
(f)
To
Protect the same from
encroachment and injury.
4. To erect and maintain bridges, culverts,
sidewalks and crossways, and prevent and punish for injuries thereto or
obstructions thereon.
5.
to do all of the following:
(a)
To
Construct and maintain
sewers and drains, and prevent and punish for any obstruction thereof, or
thereto.
(b)
To
Change the channels of
natural watercourses, to wall the same and cover them over, and regulate the
same as sewers.
(c)
To
Prevent and punish for
the filling up, altering or changing of natural watercourses by private
persons.
(d)
To
Regulate the bridging of
all millraces, irrigating and other ditches at the crossings of public
highways, by the owners of such millraces and ditches, and after such bridge or
ford is built according to the street commissioner's instructions, the crossing
shall thereafter be a public charge.
6. To provide the town with water, to construct
public wells, cisterns and reservoirs in the streets and other public and
private places within the town, or beyond the limits thereof, and to supply the
same with pumps and conducting pipes or ditches.
7.
to do all of the following:
(a)
To
Provide regulations for
the prevention and extinguishment of fires.
(b)
To
Prevent the erection of
wooden buildings within prescribed limits.
(c)
To
Regulate the
construction of chimneys, furnaces and fireplaces.
(d)
To
Regulate the storage of
explosives, tar, pitch, resin and other combustible or inflammable materials,
and to prescribe the places and manner of storing the same.
8. To provide for lighting the streets and other
public places of the town, and to exclusively regulate and control the laying
and repairing of gas pipes and other appurtenances therein.
9. To provide for enclosing, improving and
protecting the public grounds and cemeteries of the town, and to direct and
regulate the planting of ornamental and shade trees therein and in the streets
of the town.
10. To establish markets and marketplaces
for the town and to regulate the same.
11.
to do all of the following:
(a)
To
Establish and maintain
necessary cemeteries and burial places for the town beyond the limits thereof.
(b)
To
Regulate the burial of
the dead.
(c)
To
Require a registration
of the deaths and births, and to impose penalties upon physicians and surgeons
for any default in the premises.
12. To establish and regulate the police of the
town, to appoint watchmen and policemen, and to remove them, and to prescribe
their powers and duties.
13. To prevent, suppress and punish any riot, rout,
affray, disorderly noise or disturbance in any public or private place within
the town.
14. To prevent, suppress and punish racing or
immoderate riding or driving through the streets.
15.
to do both of the following:
(a)
To
Prohibit and punish any
amusements or practice tending to annoy or obstruct persons passing upon the
streets or sidewalks, or frighten horses or other animals being ridden or
driven thereon.
(b)
To
Restrain and punish the
ringing of bells, blowing of horns, crying of goods
, sound
created by a speaker or amplifying equipment
or other noises,
performances and practices tending to cause the collection of persons upon the
streets or sidewalks and the obstruction thereof.
16.
to
do all of the following:
(a)
To
Prohibit the roaming at large of animals within the town.
(b)
To
Authorize the impounding
and summary sale thereof when found roaming at large contrary to ordinance.
(c)
To
Impose penalties upon
the owners thereof for a violation of any ordinance in relation thereto.
(d)
To
Regulate, restrain and
prohibit the running at large of dogs and to authorize their destruction when
at large contrary to any ordinance of the town, and to impose penalties upon
the owners thereof.
17.
to do all of the following:
(a)
To
Suppress and prohibit
prostitution and unlawful sexual intercourse and to punish persons guilty
thereof.
(b)
To
Suppress and prohibit
the operation of disorderly houses and to punish the owners, managers, lessees,
agents, keepers and inmates thereof.
(c)
To
Suppress and prohibit
gambling and the operating of gambling houses and to punish the owners,
managers and employees thereof and players at such games.
18. To fix the amount of license taxes to be paid by
any person, firm, corporation or association for carrying on any business, game
or amusement, calling, profession or occupation, and prescribe the method of
collection or payment of the same, for a stated period in advance, and fix
penalties for failure to comply by fine or imprisonment, or
both. Nothing in this article shall be construed as authorizing any
town or city to levy an occupational license or fee on any activity when the
general law of the state precludes levying such a license or fee.
19. To authorize the clerk to issue licenses, to
direct the manner of issuing and registering the same, and the fees of the
clerk therefor. No license shall be granted for more than one year,
and not less than
ten dollars
$10
nor more than
five thousand dollars
$5,000
shall be charged for any license so issued.
20.
to do both of the following:
(a)
To
Provide regulations to
prevent the introduction or spread of contagious, loathsome or infectious
diseases within the town.
(b)
To
Make quarantine laws and
enforce them within the town and within two miles thereof, and to provide pest
houses and hospitals necessary therefor.
21.
to do all of the following:
(a)
To
Define, abate and remove
nuisances, and punish persons committing nuisances.
(b)
To
Compel the owner or any
occupant of any house or premises to clean the grounds, stables, alleys,
streets and walks appurtenant and adjacent thereto.
(c)
To
Prohibit within the town
and within two miles beyond the limits thereof slaughterhouses, tanneries, soap
factories, establishments for the steaming or rendering of tallow, lard or
offal, and all other establishments and places where any nauseous, offensive or
unwholesome business may be carried on.
22. To perform other acts, and prescribe other
regulations, which may be necessary or expedient for the prevention or
suppression of disease.
23. To establish and maintain a workhouse or houses
of correction, to make regulations for the government thereof and to appoint
the officers and keepers thereof.
24. To authorize the arrest and punishment of
vagrants, stragglers and idle and disorderly persons found loitering or
strolling about in public places, leading an immoral or profligate life, and to
authorize the confinement of any such person, and persons who fail to pay any
fine, in the workhouse or house of correction for a period not exceeding three
months.
25.
to do all of the following:
(a)
To
Direct and control the
laying and construction of railroad tracks, bridges, switches and sidetracks in
the streets, alleys and other public places of the town.
(b)
To
Require the same to be
so laid and constructed as to interfere as little as possible with the ordinary
travel and use of the streets, and other public places.
(c)
To
Authorize the
construction of tramways, electric, steam or cable roads and railways in the
town, and to regulate the operation thereof, and the fares to be charged
thereon and to require the owners thereof to keep in repair the streets wherein
the same may be laid, and to construct and keep in repair all bridges,
culverts, crossways, ditches and sewers.
(d)
To
Regulate the speed of
locomotives.
26. To levy taxes as hereinafter mentioned in this
article.
27. To apply any surplus money in the treasury of
the town to the extinguishment of the debt of the town, or to provide a sinking
fund for that purpose.
28.
to do all of the following:
(a)
To
Make, amend or repeal
all ordinances necessary or proper for the carrying into effect of the powers
vested in the corporation, or any department or officer thereof.
(b)
To
Enforce the observance
of such ordinances, and to punish violations thereof by fine or imprisonment,
or both, and by confinement at hard labor, in the discretion of the magistrate
or court before whom a conviction may be had, but no fine shall be imposed
exceeding
two thousand five hundred dollars
$2,500
, nor imprisonment or confinement at hard labor
exceeding six months.
(c) Unless specifically prohibited by statute,
to
classify ordinance violations as criminal or civil offenses.
29. To adopt ordinances for the government of the
corporation, its officers and persons within its corporate limits needful for
the good government and order of the municipalities, and to provide the manner
of prosecution and define the punishment for the violation of such ordinance.
END_STATUTE
Sec. 2. Section 9-467, Arizona Revised
Statutes, is amended to read:
START_STATUTE
9-467.
Building permits; issuance; distribution of copies; state
preemption; utilities; subsequent owner; limitation; definitions
A. Any municipality requiring the issuance of a
building permit shall transmit one copy of the permit to the county assessor
and one copy to the director of the department of revenue.� Permit copies shall
provide the permit number, issue date and parcel number. On the
issuance of the certificate of occupancy or the certificate of completion or on
the expiration or cancellation of the permit, the assessor and the department
of revenue shall be notified in writing or in electronic format of the permit
number, parcel number, issue date and completion date.
B. The regulation of a utility provider's authority
to operate and serve customers is a matter of statewide concern. The
regulation of building permits as it relates to a building permit applicant's
ability to use a utility provider that is capable and authorized to provide
utility service is allowed solely in accordance with subsections C and D of
this section.� A building permit applicant's ability to use a utility provider
that is capable and authorized to provide utility service is not subject to
further regulation by a municipality.
C. A municipality requiring
the issuance of a building permit may not deny a permit application based on
the utility provider proposed to provide utility service to the project.
D. A municipality issuing a building permit shall
ensure that all applicable permits and associated fees assessed on a building
permit applicant contain requirements and amounts that do not exceed the
requirements and amounts for use of other utility providers and do not have the
effect of restricting
a
the
permit applicant's ability to use the services of a utility provider that is
capable and authorized to provide utility service.
E. A municipality may not require an applicant for a
building permit to hold a transaction privilege tax license or business license
as a condition for issuing the building permit.� A
city or town
municipality
may require a person that has been issued a
building permit and that does not otherwise hold a business license from the
municipality to apply for a business license within thirty days after issuing
the building permit.
F. Notwithstanding any other law, a
municipality may not issue a building permit if the application for a building
permit is for the construction or development of a building or structure that
contains speakers or an amplifying system that has the capacity to emit sound
that is equal to seventy decibels or greater and that emits sounds at seventy
decibels or greater five times or more each day.
F.
G.
If
a person has constructed a building or an addition to a building without
obtaining a building permit, a municipality shall not require a subsequent
owner to obtain a permit for the construction or addition done by the prior
owner before issuing a permit for a building addition except that this section
does not prohibit
a municipality from
enforcing an
applicable ordinance or code provision that affects the public health or
safety.
G.
H.
This
section does not prohibit a municipality from recovering reasonable costs
associated with reviewing and issuing a building permit.
H.
I.
This
section does not affect any authority of a municipality to manage or operate a
municipally owned utility.
I.
J.
For
the purposes of this section:
1. "Municipality" means a city or town
organized in accordance with law, including a home rule or charter city.
2. "Utility service" means water,
wastewater, natural gas, including propane gas, or electric service provided to
an end user.
END_STATUTE
Sec. 3. Section 49-141, Arizona Revised
Statutes, is amended to read:
START_STATUTE
49-141.
Environmental nuisances
A. The director may take action under this section
to abate environmental nuisances. As used in this section, an
environmental nuisance is the creation or maintenance of a condition in the
soil, air or water that causes or threatens to cause harm to the public health
or the environment and that is not otherwise subject to regulation under this
title. Subject to this limitation, the following conditions may
constitute environmental nuisances:
1. A condition or place in populous areas which
constitutes a breeding place for flies, rodents, mosquitoes and other insects
which are capable of carrying and transmitting disease-causing organisms to any
person or persons.
2. A place, condition or building which is
controlled or operated by any governmental agency, state or local, and which is
not maintained in a sanitary condition.
3. Sewage, human excreta, wastewater, garbage or
other organic wastes deposited, stored, discharged or exposed so as to be a
potential instrument or medium in the transmission of disease to or between any
person or persons.
4. A vehicle or container which is used in the
transportation of garbage or human excreta and which is defective and allows
leakage or spillage of contents.
5. The maintenance of an overflowing septic tank or
cesspool, the contents of which may be accessible to flies.
6. The pollution or contamination of any domestic
waters.
7. The use of the contents of privies, cesspools, or
septic tanks or the use of sewage or sewage plant effluents for fertilizing or
irrigation purposes for crops or gardens except by specific approval of the
department of health services or the department of environmental quality.
8. The storage, collection, transportation, disposal
and reclamation of garbage, trash, rubbish, manure and other objectionable
wastes other than as provided and authorized by law and rule.
9. Water, other than that used by irrigation,
industrial or similar systems for nonpotable purposes, which is sold to the
public, distributed to the public or used in production, processing, storing,
handling, servicing or transportation of food and drink and which is
unwholesome, poisonous or contains deleterious or foreign substances or filth
or disease-causing substances or organisms.
10. A speaker or amplifying system
that has the capacity to emit sound that is equal to seventy decibels or
greater.
B. The director may adopt rules that prescribe
minimum standards for the prevention and abatement of environmental
nuisances. In adopting rules pursuant to this subsection, the
director shall incorporate the criteria set forth in section 49-282.06,
subsection A and shall ensure that the nuisance is abated so that it will not
recur.
END_STATUTE