A.R.S. tit. 11 ch. 2 — Arizona Revised Statutes Title 11 Chapter 2 — Board Of Supervisors

11-201. Powers of county A. The powers of a county shall be exercised only by the board of supervisors or by agents and officers acting under its authority and authority of law. It has the power to: 1. Sue and be sued. 2. Purchase and hold lands within its limits. 3. Make such contracts and purchase and hold such personal property as may be necessary to the exercise of its powers. 4. Make such orders for the disposition or use of its property as the interests of the inhabitants of the county require. 5. Levy and collect taxes for purposes under its exclusive jurisdiction as are authorized by law. 6. Determine the budgets of all elected and appointed county officers enumerated under section 11-401 by action of the board of supervisors. B. Except for the purposes of acting as an intermediary in a license transfer or sale, a county shall not own a commercial cable television system or any other pay television system. C. Section 11-251.05, subsection A, paragraph 1 does not authorize a county to levy and collect taxes for any purposes beyond those otherwise specifically authorized by statute. 11-202. County as corporate body; name A. Each county is a body politic and corporate, possessing all the powers expressly provided in the constitution or laws of this state and such powers as are necessarily implied therefrom. B. The name of the county designated in article 1, chapter 1 of this title is its corporate name by which it shall be known and designated in all actions and proceedings. 11-211. Membership; qualifications; term A. There shall be in each county having a population of one hundred seventy-five thousand or more persons a board of supervisors consisting of five members who shall be qualified electors of their supervisorial district, and who shall be elected at a general election at which the president of the United States is elected. In each county having a population of less than one hundred seventy-five thousand persons, a board of supervisors shall consist of three members, except as prescribed by subsection B or C of this section, who shall be qualified electors of their supervisorial district and who shall be elected at a general election at which the president of the United States is elected. They shall enter on their duties on January 1 subsequent to their election, and shall hold office for four years. No person holding any other county or precinct office is eligible to the office of supervisor. B. Any county having a population of less than one hundred fifty thousand persons but more than one hundred thousand persons shall call an election to change from a three-member to a five-member board of supervisors, or from a five-member to a three-member board of supervisors, on receipt by the board of supervisors of a petition containing signatures of qualified electors equal to at least ten percent of the votes cast in the county at the preceding general election at which a president of the United States was elected. The board shall submit to the electors in the county, at a special election called for that purpose, the question whether or not the county shall elect five members or three members to the board of supervisors. The election shall be held before the first Monday in January preceding the next general election. The ballots shall contain the words: "Five supervisors, yes. Five supervisors, no." or "Three supervisors, yes. Three supervisors, no." If the majority of the qualified electors voting on the question votes in the affirmative, the board of supervisors shall redistrict the county in accordance with section 11-212. The county shall thereafter elect the prescribed number of members to the board of supervisors who shall be elected in the manner provided in subsection A of this section and have the same qualifications as provided in subsection A of this section for a board of supervisors with a population of one hundred seventy-five thousand or more persons, and shall hold office for a term of four years to commence on January 1. C. Any county having a population of at least one hundred fifty thousand persons but not more than one hundred seventy-five thousand persons and having a county board of supervisors that consists of three persons shall submit to the electors in the county, at the next general election after the release of the population estimate from the office of economic opportunity, the question of whether the county shall elect five members to the board of supervisors. The ballots must contain the words: "Five supervisors, yes. Five supervisors, no." If approved by a majority of the qualified electors of that county who voted on the question, the board of supervisors shall redistrict the county pursuant to section 11-212. The county thereafter shall elect at the next general election immediately following the election at which the question is approved the prescribed number of members to the board of supervisors who shall have the same qualifications as provided in subsection A of this section. The following apply to the election for the county board of supervisors prescribed in this subsection: 1. If the next general election immediately following the election at which the question is approved is held in a year that is the last year of the four-year term of the three members of the county board of supervisors who are already holding office, the five persons elected to the county board of supervisors hold office for a term of four years to commence on January 1 immediately following their election. 2. If the next general election immediately following the election at which the question is approved is held in a year that is not the last year of the four-year term of the three members of the county board of supervisors who are already holding office, the two additional persons elected to the county board of supervisors hold office for a term of four years to commence on January 1 immediately following their election. The three members of the county board of supervisors who are already holding office continue to serve their four-year terms of office without regard to whether they are residents of the newly redrawn supervisorial districts for the remainder of those four-year terms. Thereafter, members of the board of supervisors must be residents of their supervisorial district and the term of office for members of that county board of supervisors shall be staggered four-year terms. 3. For the election at which the question of whether the county shall elect five members to the board of supervisors is on the ballot, the county shall include in the publicity pamphlet an estimate of the cost to the county for each additional member to the board of supervisors. 4. For the purposes of this subsection, "population" means the population according to the annual population estimate provided by the office of economic opportunity. 11-212. Supervisorial districts The board of supervisors shall meet at the county seat on or before December 1 following the release of the United States decennial census data and divide the county into three or five supervisorial districts as provided in this article, which shall be numbered, respectively, districts one, two and three or districts one, two, three, four and five. The board shall define the boundaries and limits of each district and make the division equal or with not more than ten per cent difference in population. The county may redistrict as often as deemed necessary between each United States decennial census. 11-213. Election; vacancies A. At the general election for state and county officers, one supervisor shall be elected from each district from among those nominated at the preceding primary election. They shall be nominated and elected by the qualified electors of their respective districts. If a supervisor moves from the district from which he was elected his office shall at once become vacant. B. When a vacancy occurs in the office of supervisor, the remaining supervisors, together with the clerk of the board of supervisors, shall fill the vacancy by appointment of a resident of the district in which the vacancy occurred. 11-214. Regular and special meetings Regular meetings of the board shall be held in the county on a working day or days of each month designated by the board. The board shall notify the public of the location and the day or days designated. Special meetings may be called by a majority of the board, or by the chairman. At least five days' notice of the special meeting shall be given to any member not joining in the call. 11-215. Boards of supervisors; duty station; travel policy A. The board of supervisors shall establish a duty station for each board member at an appropriate location in the county. For purposes of this subsection, "duty station" means the place where the board member spends the largest portion of the board member's regular workday or working time. B. Members of the board of supervisors shall follow the county travel policy. 11-216. Chairman; quorum; public sessions A. The supervisors shall elect a chairman, who, in addition to his other duties, shall sign all orders and warrants of the board. B. A majority of the board constitutes a quorum for the transaction of business. C. All sessions of the board shall be public. 11-217. Minutes of proceedings A. Each board shall cause written minutes of its proceedings to be prepared pursuant to section 38-431.01. B. The clerk of the board shall maintain and permanently preserve the official copy of the minutes in accordance with section 39-101. C. The full minutes of proceedings, which need not be a verbatim transcript nor include exhibits, shall be made available to the public pursuant to section 38-431.01. The minutes shall also be made available at the office of the clerk of the board and the public libraries in the county. D. The minutes shall include all demands and warrants approved by the board in excess of one thousand dollars and multiple demands and warrants from a single supplier or individual under one thousand dollars whose cumulative total exceeds one thousand dollars in a single reporting period. 11-218. Subpoena of witnesses; production of books and papers The board may, by its chairman, issue subpoenas to compel attendance of any person and the production of any records relating to the affairs of the county for examination upon any matter within the board's jurisdiction. A witness is bound to attend, when served, and to answer all questions which the witness would be bound to answer in the matter before a court. Obedience to the subpoena, or to an order to attend or to testify, may be enforced by the board, and for that purpose the board has all the powers conferred by law upon courts of record. 11-219. Authority to require services of sheriff The board may direct the sheriff to attend its meetings to preserve order, and serve subpoenas, notices or citations. Neither the officer serving subpoenas nor the witnesses are entitled to fees. 11-220. Administration of oaths by board or clerk Any member of the board or the clerk may administer oaths, but no fees shall be charged therefor. 11-221. Custody and inspection of records The books, records and accounts of the board shall be kept at the office of the clerk of the board, and in his care, and shall be open to public inspection. 11-222. Pecuniary interest as bar to vote of supervisor A supervisor shall not vote upon any measure in which he, any member of his family or his partner, is pecuniarily interested. 11-223. Misconduct by supervisor; penalty A supervisor who neglects or refuses to perform any duty imposed on him without just cause, or who wilfully violates any law provided for or relating to the office of supervisor, or fraudulently or corruptly performs any duty imposed upon him by law, or wilfully, fraudulently or corruptly attempts to perform an act as supervisor unauthorized by law, in addition to other penalties or punishment prescribed, shall forfeit to the county five hundred dollars for every such act, which may be recovered on his official bond, and is further liable on his official bond to any person injured thereby for all damages sustained. 11-224. County website; required website link Each county shall maintain a website link on the county's website to the Arizona criminal justice commission. 11-241. Appointment; duties The board of supervisors shall appoint a clerk of the board, who shall: 1. Record all proceedings of the board. 2. Make full entries of the board's resolutions and decisions on all questions concerning the raising of money for and allowance of accounts against the county. 3. Record the vote of each member on every question upon which there is a division or at the request of any member present. 4. Sign all orders made and warrants issued by order of the board for the payment of money. 5. Record the reports of the county treasurer of the receipts and disbursements of the county. 6. Preserve and file all accounts acted upon by the board. 7. Preserve and file all petitions and record the actions of the board thereon. 8. Record all orders levying taxes. 9. Perform all other duties required by law or rule or order of the board. 11-251. Powers of board The board of supervisors, under such limitations and restrictions as are prescribed by law, may: 1. Supervise the official conduct of all county officers and officers of all districts and other subdivisions of the county charged with assessing, collecting, safekeeping, managing or disbursing the public revenues, see that the officers faithfully perform their duties and direct prosecutions for delinquencies, and, when necessary, require the officers to renew their official bonds, make reports and present their books and accounts for inspection. 2. Divide the counties into districts or precincts as required by law, change the districts or precincts and create others as convenience requires. 3. Establish, abolish and change election precincts, appoint inspectors and judges of elections, canvass election returns, declare the result and issue certificates thereof. 4. Lay out, maintain, control and manage public roads, ferries and bridges within the county and levy such tax for that purpose as may be authorized by law. 5. Provide for the care and maintenance of the sick of the county, erect and maintain hospitals for that purpose and, in its discretion, provide a farm in connection with the county hospital and adopt ordinances for working the farm. 6. Provide suitable rooms for county purposes. 7. Purchase, receive by donation or lease real or personal property necessary for the use of the county prison and take care of, manage and control the property, but a purchase of real property shall not be made unless the value has been previously estimated by three disinterested citizens of the county, appointed by the board for that purpose, and not more than the appraised value shall be paid for the property. 8. Cause to be erected and furnished a courthouse, jail and hospital and other buildings as necessary, and construct and establish a branch jail, when necessary, at a point distant from the county seat. 9. Sell at public auction, after thirty days' previous notice given by publication in a newspaper of the county, stating the time and place of the auction, and convey to the highest bidder, for cash or contract of purchase extending not more than ten years after the date of sale and on such terms and for such consideration as the board shall prescribe, any property belonging to the county that the board deems advantageous for the county to sell, or that the board deems unnecessary for use by the county, and shall pay the proceeds of the sale into the county treasury for use of the county, except that personal property need not be sold but may be used as a trade-in on the purchase of personal property when the board deems this disposition of the personal property to be in the best interests of the county. If the property for sale is real property, the board shall have the property appraised by an appraiser who is licensed or certified pursuant to title 32, chapter 36. The appraiser shall establish a market value as defined in section 28-7091 for the property. The minimum acceptable bid for the purchase of the property shall be at least ninety percent of the market value, except that if the property has no market value or a net value as defined in section 28-7095, subsection F of $10,000 or less, the value of the property may be justified by a market analysis that is based on comparable sales. The notice regarding the sale of real property shall be published in the county where the property is situated and may be published in one or more other counties, and shall contain, among other things, the market value, the minimum acceptable sale price, and the common and legal description of the real property. Notwithstanding the requirement for a sale at public auction prescribed in this paragraph, a county, with unanimous consent of the board and without a public auction, may sell or lease any county property to any other duly constituted governmental entity, including the state, cities, towns and other counties. A county, with unanimous consent of the board and without public auction, may grant an easement on county property for public purposes to a utility as defined in section 40-491. A county, with unanimous consent of the board and without public auction, may sell or lease any county property for a specific use to any solely charitable, social or benevolent nonprofit organization incorporated or operating in this state. A county may dispose of surplus equipment and materials that have little or no value or that are unauctionable in any manner authorized by the board. 10. Examine and exhibit the accounts and performance of all officers having the care, management, collection or disbursement of monies belonging to the county or appropriated by law or otherwise for the use and benefit of the county. The working papers and other audit files in an examination and audit of the accounts and performance of a county officer are not public records and are exempt from title 39, chapter 1. The information contained in the working papers and audit files prepared pursuant to a specific examination or audit is not subject to disclosure, except to the county attorney and the attorney general in connection with an investigation or action taken in the course of their official duties. 11. Examine, settle and allow all accounts legally chargeable against the county, order warrants to be drawn on the county treasurer for that purpose and provide for issuing the warrants. 12. Levy such tax annually on the taxable property of the county as may be necessary to defray the general current expenses thereof, including salaries otherwise unprovided for, and levy such other taxes as are required to be levied by law. 13. Equalize assessments. 14. Direct and control the prosecution and defense of all actions to which the county is a party, and compromise them. 15. Insure the county buildings in the name of and for the benefit of the county. 16. Fill by appointment all vacancies occurring in county or precinct offices. 17. Adopt provisions necessary to preserve the health of the county, and provide for the expenses thereof. 18. With the approval of the department of health services, contract with any qualified person to provide all or part of the health services, funded through the department of health services with federal or state monies, that the board in its discretion extends to residents of the county. 19. Contract for county printing and advertising, and provide books and stationery for county officers. 20. Provide for rebinding county records, or, if necessary, the transcribing of county records. 21. Make and enforce necessary rules and regulations for the government of its body, the preservation of order and the transaction of business. 22. Adopt a seal for the board, a description and impression of which shall be filed by the clerk in the office of the county recorder and the secretary of state. 23. Establish, maintain and conduct or aid in establishing, maintaining and conducting public aviation fields, purchase, receive by donation or lease any property necessary for that purpose, lease, at a nominal rental if desired, sell such aviation fields or property to the United States or any department, or sell or lease such aviation fields to a city, exchange lands acquired pursuant to this section for other lands, or act in conjunction with the United States in maintaining, managing and conducting all such property. If any such property or part of that property is not needed for these purposes, it shall be sold by the board and the proceeds shall be paid into the general fund of the county. 24. Acquire and hold property for the use of county fairs and conduct, take care of and manage them. 25. Authorize the sheriff to offer a reward, not exceeding $10,000 in one case, for information leading to the arrest and conviction of persons charged with crime. 26. Contract for the transportation of insane persons to the state hospital or direct the sheriff to transport such persons. The county is responsible for such expense to the extent the expense is not covered by any third-party payor. 27. Provide for the reasonable expenses of burial for deceased indigents as provided in section 36-831 and maintain a permanent register of deceased indigents, including name, age and date of death, and when burial occurs, the board shall mark the grave with a permanent marker giving the name, age and date of birth, if known. 28. Sell or grant to the United States the title or interest of the county in any toll road or toll train in or partly within a national park, on such terms as may be agreed on by the board and the secretary of the interior of the United States. 29. Enter into agreements for acquiring rights-of-way, construction, reconstruction or maintenance of highways in their respective counties, including highways that pass through Indian reservations, with the government of the United States, acting through its duly authorized officers or agents pursuant to any act of Congress, except that the governing body of any Indian tribe whose lands are affected must consent to the use of its land, and any such agreements entered into before June 26, 1952 are validated and confirmed. 30. Do and perform all other acts and things necessary to the full discharge of its duties as the legislative authority of the county government, including receiving and accepting payment of monies by credit card or debit card, or both. Any fees or costs incurred by the use of the credit or debit card shall be paid by the person tendering payment unless the charging entity determines that the financial benefits of accepting credit cards or debit cards exceeds the additional processing fees. 31. Make and enforce all local, police, sanitary and other regulations not in conflict with general law. 32. Budget for funds for foster home care during the school week for children with intellectual disabilities and children with other disabilities who reside within the county and attend a school for students with disabilities in a city or town within the county. 33. Do and perform all acts necessary to enable the county to participate in the economic opportunity act of 1964 (P.L. 88-452; 78 Stat. 508), as amended. 34. Provide a plan or plans for its employees that provide tax deferred annuity and deferred compensation plans as authorized pursuant to title 26, United States Code. Such plans shall allow voluntary participation by all employees of the county. Participating employees shall authorize the board to make reductions in their remuneration as provided in an executed deferred compensation agreement. 35. Adopt and enforce standards for shielding and filtration of commercial or public outdoor portable or permanent light fixtures in proximity to astronomical or meteorological laboratories. 36. Subject to the prohibitions, restrictions and limitations as set forth in section 11-812, adopt and enforce standards for excavation, landfill and grading to prevent unnecessary loss from erosion, flooding and landslides. 37. Make and enforce necessary ordinances for the operation and licensing of any establishment not in the limits of an incorporated city or town in which is carried on the business of providing baths, showers or other forms of hydrotherapy or any service of manual massage of the human body. 38. Provide pecuniary compensation as salary or wages for overtime work performed by county employees, including those employees covered by title 23, chapter 2, article 9. In so providing, the board may establish salary and wage plans incorporating classifications and conditions prescribed by the federal fair labor standards act. 39. Establish, maintain and operate facilities that provide for physical evaluation, diagnosis and treatment of patients and that do not keep patients overnight as bed patients or treat patients under general anesthesia. 40. Enact ordinances under its police authority prescribing reasonable curfews in the entire unincorporated area or any area less than the entire unincorporated area of the county for minors and fines not to exceed the fine for a petty offense for violation of such ordinances. This paragraph does not require a request from an association or a majority of the residents of an area before the board may enact an ordinance applicable to the entire or any portion of the unincorporated area. An ordinance enacted pursuant to this paragraph shall provide that a minor is not violating a curfew if the minor is accompanied by a parent, a guardian or an adult having supervisorial custody, is on an emergency errand or has been specifically directed to the location on reasonable, legitimate business or some other activity by the parent, guardian or adult having supervisorial custody. If no curfew ordinance is applicable to a particular unincorporated area of the county, the board may adopt a curfew ordinance on the request or petition of either: (a) A homeowners' association that represents a majority of the homeowners in the area covered by the association and to which the curfew would apply. (b) A majority of the residents of the area to which the curfew would apply. 41. Lease or sublease personal property owned by the county to other political subdivisions of this state to be used for a public purpose. 42. In addition to the agreements authorized by section 11-651, enter into long-term agreements for the purchase of personal property, provided that the board may cancel any such agreement at the end of a fiscal year, at which time the seller may repossess the property and the agreement is deemed terminated. 43. Make and enforce necessary ordinances not in conflict with the laws of this state to regulate off-road recreational motor vehicles that are operated within the county on public lands without lawful authority or on private lands without the consent of the lawful owner or that generate air pollution. For the purposes of this paragraph, "off-road recreational motor vehicle" means three and four wheel vehicles manufactured for recreational nonhighway all-terrain travel. 44. Acquire land for roads, drainage ways and other public purposes by exchange without public auction, except that notice shall be published thirty days before the exchange, listing the property ownership and descriptions. 45. Purchase real property for public purposes, provided that final payment is made not later than five years after the date of purchase. 46. Lease-purchase real property and improvements for real property for public purposes, provided that final payment is made not later than twenty-five years after the date of purchase. Any increase in the final payment date from fifteen years up to the maximum of twenty-five years shall be made only on unanimous approval by the board of supervisors. 47. Make and enforce ordinances for the protection and disposition of domestic animals subject to inhumane, unhealthful or dangerous conditions or circumstances. An ordinance enacted pursuant to this paragraph shall not restrict or limit the authority of the game and fish commission to regulate the taking of wildlife. This paragraph does not limit or restrict the authority granted to cities, towns or counties pursuant to section 13-2910. For the purposes of this paragraph, "domestic animal" means an animal kept as a pet and not primarily for economic purposes. 48. If a part of a parcel of land is to be taken for roads, drainage, flood control or other public purposes and the board and the affected property owner determine that the remainder will be left in such a condition as to give rise to a claim or litigation concerning severance or other damage, acquire the whole parcel by purchase, donation, dedication, exchange, condemnation or other lawful means, and the remainder may be sold or exchanged for other properties needed for any public purpose. 49. Make and enforce necessary rules providing for the reimbursement of travel and subsistence expenses of members of county boards, commissions and advisory committees when acting in the performance of their duties, if the board, commission or advisory committee is authorized or required by federal or state law or county ordinance, and the members serve without compensation. 50. Provide a plan or plans for county employee benefits that allow for participation in a cafeteria plan that meets the requirements of the United States internal revenue code of 1986. 51. Provide for fringe benefits for county employees, including sick leave, personal leave, vacation and holiday pay and jury duty pay. 52. Make and enforce ordinances that are more restrictive than state requirements to reduce or encourage the reduction of carbon monoxide and ozone levels, provided an ordinance does not establish a standard for vehicular emissions, including ordinances to reduce or encourage the reduction of the commuter use of motor vehicles by employees of the county and employees whose place of employment is in unincorporated areas of the county. 53. Make and enforce ordinances to provide for the reimbursement of up to one hundred percent of the cost to county employees of public bus or van pool transportation to and from their place of employment. 54. Lease for public purposes any real property, improvements for real property and personal property under the same terms and conditions, to the extent applicable, as are specified in sections 11-651 and 11-653 for lease-purchases. 55. Enact ordinances prescribing regulation of alarm systems and providing for civil penalties to reduce the incidence of false alarms at business and residential structures relating to burglary, robbery, fire and other emergencies not within the limits of an incorporated city or town. 56. In addition to paragraph 9 of this section, and notwithstanding section 23-504, sell or dispose of, at no less than market value, county personal property that the board deems no longer useful or necessary through a retail outlet or to another government entity if the personal property has a market value of not more than $1,000, or by retail sale or private bid, if the personal property has a market value of not more than $15,000. Notice of sales in excess of $1,000 shall include a description and sale price of each item and shall be published in a newspaper of general circulation in the county, and for thirty days after notice other bids may be submitted that exceed the sale price by at least five percent. The county shall select the highest bid received at the end of the thirty-day period. 57. Sell services, souvenirs, sundry items or informational publications that are uniquely prepared for use by the public and by employees and license and sell information systems and intellectual property developed from county resources that the county is not obligated to provide as a public record. 58. On unanimous consent of the board of supervisors, license, lease or sell any county property pursuant to paragraphs 56 and 57 of this section at less than market value to any other governmental entity, including this state, cities, towns, public improvement districts or other counties within or outside of this state, or for a specific purpose to any charitable, social or benevolent nonprofit organization incorporated or operating in this state. 59. On unanimous consent of the board of supervisors, provide technical assistance and related services to a fire district pursuant to an intergovernmental agreement. 60. Adopt contracting procedures for the operation of a county health system pursuant to section 11-291. Before the adoption of contracting procedures the board shall hold a public hearing. The board shall publish one notification in a newspaper of general circulation in the county seat at least fifteen days before the hearing. 61. Enter into an intergovernmental agreement pursuant to chapter 7, article 3 of this title for a city or town to provide emergency fire or emergency medical services pursuant to section 9-500.23 to a county island as defined in section 11-251.12. The board may charge the owners of record in the county island a fee to cover the cost of an intergovernmental agreement that provides fire and emergency medical services. 62. In counties that employ or have designated an animal control county enforcement agent pursuant to section 11-1005, enter into agreements with foundations or charitable organizations to solicit donations, property or services, excluding enforcement or inspection services, for use by the county enforcement agent solely to perform nonmandated services and to fund capital improvements for county animal control, subject to annual financial and performance audits by an independent party as designated by the county board of supervisors. For the purposes of this paragraph, nonmandated services are limited to low cost spay and neuter services, public education and outreach efforts, pet adoption efforts, care for pets that are victims of cruelty or neglect and support for volunteer programs. 63. Adopt and provide for the enforcement of ordinances prohibiting open fires and campfires on designated lands in the unincorporated areas of the county when a determination of emergency is issued by the county emergency management officer and the board deems it necessary to protect public health and safety on those lands. 64. Fix the amount of license fees to be paid by any person, firm, corporation or association for carrying on any game or amusement business in unincorporated areas of the county and prescribe the method of collection or payment of those fees, for a stated period in advance, and fix penalties for failure to comply by fine. This article does not authorize any county to require an occupational license or fee for any activity if state law precludes requiring such a license or fee. 65. Adopt and enforce ordinances for the prevention, abatement and removal of graffiti, providing that any restrictions on the retail display of potential graffiti tools be limited to any of the following, as determined by the retail business: (a) In a place that is in the line of sight of a cashier or in the line of sight from a work station normally continuously occupied during business hours. (b) In a manner that makes the product accessible to a patron of the business establishment only with the assistance of an employee of the establishment. (c) In an area electronically protected, or viewed by surveillance equipment that is monitored, during business hours. 66. Adopt ordinances and fees related to the implementation of a local stormwater quality program pursuant to title 49, chapter 2, article 11. 67. Enter into agreements with federal, state and local governments for the acceptance, management and distribution of federal funds related to projects to increase water supply and availability to any of the following: (a) A municipal water provider as defined in section 48-5901. (b) An irrigation district for agricultural use within the county. (c) A county flood control district for aquifer recharge within the county. 68. Participate in water reuse and recycling programs and regional wastewater recharge projects and related infrastructure. 11-251.01. Conveyance to nonprofit housing corporation The board of supervisors may convey any land and improvements thereon owned by the county directly and without compliance with the provisions of paragraph 9 of section 11-251 to a nonprofit corporation which operates housing units limited to those which are federally financed or sponsored. Such title so conveyed shall remain with the nonprofit corporation until such time as the bonded indebtedness incurred and due to the United States government or an agency thereof, is paid and at which time title to such land and the improvements thereon shall revert to the county. 11-251.02. Additional powers of the board The board of supervisors may: 1. Authorize the use of county personnel, facilities, equipment, supplies and other resources in search or rescue operations involving the life or health of any person. 2. Contract for the acquisition, rental or hire of equipment, services, services supervision, supplies and other resources for use in such search or rescue operations. 3. Contract with an ambulance service provider that has a certificate of necessity issued pursuant to title 36, chapter 21.1, article 2 to provide ambulance service in the rural or wilderness service areas in counties with a population of less than five hundred thousand persons. 4. Contract with a government agency to provide the services of the constable at fees that are less than those established by section 11-445, except for those services that are specifically authorized by law to be performed by the sheriff. 11-251.03. Records center; contents; open to inspection A. The board of supervisors may establish a central records center for the preservation, storage and handling of all records required by law to be kept by county officers and justices of the peace. B. In any county having a central records center, all county officers and justices of the peace shall deliver to the board of supervisors public records in their custody that are: 1. Required by law to be kept. 2. Of legal, administrative, historical or other value as determined pursuant to section 41-151.19. 3. Required to be delivered by the rules adopted by the director of the Arizona state library, archives and public records. C. County officers and justices of the peace may make and retain copies of records necessary for those officers to perform the duties of their office. D. Public records in a central records center shall be open to public inspection and be preserved in the manner prescribed by law. 11-251.04. Authority to set rates for private towing carrier; definition; violation; classification A. Except as provided in subsection B of this section, the board of supervisors may regulate the maximum rate and charge for towing, transporting or impounding a motor vehicle from private property without the permission of the owner or operator of the vehicle by any private towing carriers doing business within the boundaries of the county. A private towing carrier is subject to the maximum rate and charge regulation prescribed by the board of supervisors for all such towing, transporting or impounding services if the vehicle being towed or transported is towed from private property located on property that lies within the boundaries of the county. B. The provisions of subsection A of this section shall not apply to the towing, transporting or impounding of a motor vehicle from private property without the permission of the owner or operator of the vehicle by a private towing carrier where the vehicle being towed or transported is towed or transported from property that lies within the boundaries of an incorporated city or town that has regulated such towing, transporting or impounding pursuant to section 9-499.05. C. It is unlawful for a private towing carrier to tow or transport a motor vehicle from private property without the permission of the owner or operator of the motor vehicle unless such private towing carrier receives a request from a law enforcement agency or the express written permission from the owner or the agent of the owner of the property. The owner or his agent shall either sign each towing order or authorize the tow by a written contract which is valid for a specific length of time. The private towing carrier may not act as the agent of the owner. D. A person who violates subsection C is guilty of a class 2 misdemeanor. E. This section shall apply only to services performed while a person is actually engaged in the activities of a private towing carrier. F. For the purposes of this section, "private towing carrier" means any person who commercially offers services to tow, transport or impound motor vehicles from private property without the permission of the owner or operator of the vehicle by use of a truck or other vehicle designed for or adapted to that purpose. 11-251.05. Ordinances A. The board of supervisors may: 1. In the conduct of county business, adopt, amend and repeal all ordinances necessary or proper to carry out the duties, responsibilities and functions of the county which are not otherwise specifically limited by section 11-251 or any other law or in conflict with any rule or law of this state. 2. Prescribe punishment by fine or imprisonment, or both, for the violation of an ordinance adopted pursuant to paragraph 1 of this subsection. A fine or imprisonment shall not exceed the maximum limitations for a class 1 misdemeanor. B. Ordinance authority under subsection A of this section shall be in addition to and preemptive of ordinance, rule making or regulatory authority of any other county board or county commission. A county may not impose taxes except as otherwise provided by law and as specified in section 11-251. C. Prior to adoption, amendment or repeal of an ordinance under this section, the board of supervisors shall hold a public hearing thereon at least fifteen days' notice of which shall be given by one publication in a newspaper of general circulation in the county seat. After adopted or amended, the ordinance shall be published at least once in a newspaper of general circulation in the county seat. D. An ordinance adopted under this section may apply to the unincorporated and incorporated areas in the county if the ordinance is not in conflict with an existing city or town ordinance or state law or otherwise regulated by the state. If the ordinance is intended to apply to any incorporated area of the county, prior to the ordinance becoming effective within the boundaries of a city or town, the city or town council shall consider the ordinance and, if the council finds that the subject matter of the ordinance is not either a matter of local concern or governed by an existing city or town ordinance, the council shall approve by resolution the application or enforcement of such ordinance within the boundaries of the city or town. Upon thirty days' notice to the county, a city or town council may rescind such approval by resolution if the subject matter of the ordinance is governed or to be governed by a city or town ordinance. An ordinance may apply to the unincorporated areas of the county, to part or parts of such areas or to a combination of incorporated and unincorporated areas of the county, as the board deems appropriate and subject to the approval of a city or town as specified in this subsection. E. Nothing contained in this section shall be construed to prohibit a county from exercising such powers and authority as are granted under other provisions of state law. 11-251.06. Reimbursement for county services to special districts A. Notwithstanding any other statute, the board of supervisors may require the following special districts to reimburse the county for the cost of services provided to the special districts: 1. Antinoxious weed districts formed pursuant to title 48, chapter 2. 2. Pest control districts formed pursuant to title 48, chapter 3. 3. County improvement districts formed pursuant to title 48, chapter 6. 4. County improvement districts for lighting formed pursuant to sections 48-960 and 48-961. 5. Domestic water improvement districts formed pursuant to title 48, chapter 6, article 4. 6. County television improvement districts formed pursuant to title 48, chapter 7. 7. Community park maintenance districts formed pursuant to title 48, chapter 8. 8. Special road districts formed pursuant to title 48, chapter 10. 9. Power districts formed pursuant to title 48, chapter 11. 10. Electrical districts formed pursuant to title 48, chapter 12. 11. Hospital districts formed pursuant to title 48, chapter 13. 12. Sanitary districts formed pursuant to title 48, chapter 14. 13. Pest abatement districts formed pursuant to title 48, chapter 15. 14. Health service districts formed pursuant to title 48, chapter 16. 15. Agricultural improvement districts formed pursuant to title 48, chapter 17. 16. Drainage and flood protection districts formed pursuant to title 48, chapter 18. 17. Irrigation and water conservation districts formed pursuant to title 48, chapter 19. 18. Irrigation water delivery districts formed pursuant to title 48, chapter 20. 19. County flood control districts formed pursuant to title 48, chapter 21. 20. Multi-county water conservation districts formed pursuant to title 48, chapter 22. 21. County free library districts formed pursuant to title 48, chapter 24. 22. County jail districts formed pursuant to title 48, chapter 25. B. Fire districts formed pursuant to title 48, chapter 5 shall reimburse the county for the actual costs of organization, reorganization, boundary changes, election services, use of the county attorney and other services provided by the assessor and treasurer directly associated with county services provided to fire districts. C. The board of supervisors shall establish a schedule for reimbursement of county services and shall distribute this schedule to the special districts before providing any service named in the schedule. The schedule may include charges to newly organized special taxing districts for county services rendered to these districts before and during organization. The reimbursement schedule shall not exceed the actual costs for the services provided by the county. D. If the board of supervisors requires reimbursement for county services pursuant to subsections A and C of this section, the governing body of a special district listed in subsection A of this section may elect to perform for itself any of the services provided by the county in lieu of reimbursement, except election and financial services provided by the county. E. Subsection D of this section does not authorize the governing body of any of the named special districts to levy any additional taxes not otherwise specified by statute. 11-251.07. Report of special taxing districts in the county A. On or before October 1 of each year the board of supervisors shall compile a report of all special taxing districts existing under title 48 in the county during the preceding fiscal year except for those organized under title 48, chapter 4 and chapter 6, articles 1 and 2. The report shall include for each district: 1. The date of formation. 2. The total assessed valuation of the district. 3. The tax rate levied by the district for the current tax year. 4. The estimated budget for the district for the current fiscal year. 5. A map of the district. 6. A copy of any required district impact statement for districts when they are organized. B. The annual report shall also include for any district that is organized under title 48 and whose boundaries changed during the preceding fiscal year, except for districts organized under title 48, chapter 4 and chapter 6, articles 1 and 2, a current map of the district's boundaries plus a copy of any boundary change impact statement if required. 11-251.08. County fee for service authority; alternate fee schedule; fee limits; adoption procedures A. In addition to any other county power or authority the board of supervisors may adopt fee schedules for any specific products and services the county provides to the public. Notwithstanding fee schedules or individual charges in statute, a board of supervisors may adopt an additional charge or separate individual charge. B. Any fee or charge established pursuant to this section must be attributable to and defray or cover the expense of the product or service for which the fee or charge is assessed. A fee or charge shall not exceed the actual cost of the product or service. C. Before adoption of a fee for service or an additional or separate charge pursuant to this section, the board of supervisors shall hold a public hearing on the issue with at least fifteen days' published notice. D. Nothing in this section shall apply to products and services provided to cities and towns. 11-251.09. Enforcement of water conservation plumbing requirements A. The board of supervisors may designate an appropriate official to enforce, in unincorporated areas of the county, all or a portion of title 45, chapter 1, article 12, relating to water conservation plumbing requirements. If the board of supervisors designates an official pursuant to this subsection, it shall notify the department of water resources, in writing, of its intent to do so. An election under this subsection divests the department of water resources of jurisdiction to enforce those provisions except that the department may enforce those provisions against any person who manufactures or distributes to a wholesaler or retailer any plumbing fixture for use in this state. B. The county may retain the revenues from all civil penalties and assessments collected by the county under this section and title 45, chapter 1, article 12 as reimbursement for the cost of past enforcement actions and to fund future enforcement efforts. 11-251.10. Conveyance or lease; affordable housing; agreement; recording A. If a board of supervisors determines that any real property or interest in the real property owned, or to be purchased, by a county can be used to provide affordable housing for persons and families of low income as determined by the United States department of housing and urban development and that this use is in the county's best interests, the county may sell, lease, exchange, quitclaim, convey or otherwise dispose of the real property or interest in the real property at less than fair market value, or purchase an interest in the real property, to provide affordable housing without holding a public auction and for less than the fair market value as required by section 11-256. B. Dwelling units provided for persons and families of low income under this section shall be restricted by regulatory agreement to remain continually affordable to low income persons and families for the longest feasible time, but not less than thirty years, pursuant to a method prescribed by the county. C. The regulatory agreement shall contain a provision making the covenants and conditions of the agreement binding on a successor in interest and shall be recorded in the office of the county recorder of the county in which the housing development is located. 11-251.11. Appointed county officers; severance pay The board of supervisors may provide severance pay for appointed county officers by ordinance or by contract with an individual officer. 11-251.12. County islands; fire and emergency services protection; intergovernmental agreement with municipalities; definition A. A county that has a population of more than one million five hundred thousand persons and that has a county island that does not form a county island fire district may enter into an intergovernmental agreement with a municipality or municipalities for fire protection and emergency medical services in that county island. Notwithstanding any other law, a county is liable if the county was negligent in enforcing building, zoning or other related codes in a county island and a municipality that has an intergovernmental agreement to provide fire and emergency medical services pursuant to this section is hindered in responding to an emergency because of a building, zoning or other related code issue. B. If a municipality elects to provide fire and emergency medical services in a county island where a private provider of fire or emergency services already has facilities or provides service, the municipality and the private provider shall enter into an agreement covering the roles and relationships regarding mutual aid or backup agreements and any services for which the municipality wishes to contract and any reimbursement or billing and collection practices. The agreement shall be executed before the municipality commences providing service in the county island. No agreement is required if the private provider notifies the municipality that it will cease service in the county island within one hundred eighty days after the date the municipality commences providing service. C. Any private provider of fire or emergency medical services or both that is providing services in a county island shall provide notice of termination of services to those residents receiving services. The private provider shall provide that notice at least twelve months before termination or withdrawal of those services. D. For the purposes of this article, "county island" means unincorporated territory that is surrounded on all sides by a municipality or where the unincorporated territory that has borders that involve a combination of a municipality or municipalities and an Indian reservation. 11-251.13. Proposed county taxes and fees; notification required; exception A. A board of supervisors may not levy or assess any new taxes or fees or increase existing taxes or fees pursuant to statute on a business without complying with this section. B. A board that proposes to levy or assess a tax or fee shall: 1. If the imposition of the proposed tax or fee is a new charge, provide written notice of the proposed charge on the home page of the county's website at least sixty days before the date the proposed new tax or fee is approved or disapproved by the board. 2. If the board proposes to increase the rate of an existing tax or fee on a business, provide written notice of the proposed increase on the home page of the county's website at least sixty days before the date the proposed new rate is approved or disapproved by the board. C. A board shall demonstrate that the taxes or fees are imposed pursuant to statute. D. This section does not apply to any fee adopted pursuant to section 11-1102 or any tax adopted pursuant to section 42-17107 or 48-254. 11-251.14. Federal monies; prohibition; union labor preference A board of supervisors is prohibited from accepting federal monies for a construction project if as a condition of accepting the federal monies the board of supervisors is required to give a preference to union labor. 11-251.15. Prisoner home detention program; eligibility; monitoring; procedures; continuous alcohol monitoring program; home detention for persons sentenced for driving under the influence of alcohol or drugs A. A county may establish a home detention program for eligible sentenced prisoners, which shall be treated the same as confinement in jail. The presiding justice of the peace of the county justice court shall approve the program before its implementation. B. A prisoner is not eligible for a home detention program or a continuous alcohol monitoring program if any of the following applies: 1. The prisoner is found by the court to constitute a risk to either himself or other members of the community. 2. The prisoner has a past history of violent behavior. 3. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a home detention program or a continuous alcohol monitoring program. C. For prisoners who are selected for a program established pursuant to subsection A of this section, the court may require electronic monitoring in the prisoner's home whenever the prisoner is not at the prisoner's regular place of employment or while the prisoner is assigned to a community work task. If electronic monitoring is required, the prisoner shall remain under the control of a home detention device that constantly monitors the prisoner's location in order to determine that the prisoner has not left the prisoner's premises. In all other cases, the court shall implement a system of monitoring using telephone contact or other appropriate methods to assure compliance with the home detention requirements. The court may place appropriate restrictions on prisoners in the program, including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals who are determined to be detrimental to the prisoner's successful participation in the program. D. If a prisoner is placed on electronic monitoring pursuant to subsection C of this section, the court may order the prisoner to pay the electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring unless, after determining the inability of the prisoner to pay these fees, the court assesses a lesser fee. The county shall use the fees collected to offset operational costs of the program. E. The court may allow prisoners to be away from home detention for special purposes, including church attendance, medical appointments or funerals. F. At any time the court may terminate a prisoner's participation in the home detention program or continuous alcohol monitoring program and require that the prisoner complete the remaining term of the prisoner's sentence in jail confinement. G. If authorized by the court, a person who is sentenced pursuant to section 28-1381 or 28-1382 shall not be placed under home detention or a continuous alcohol monitoring program except as provided in subsections H through M of this section. H. By a majority vote of the full membership of the board of supervisors after a public hearing and a finding of necessity, a county may establish a home detention program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382. A prisoner who is placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program. I. A county may establish a continuous alcohol monitoring program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382, which shall be treated the same as confinement in jail. The presiding justice of the peace of the county justice court shall approve the program before its implementation. A prisoner who is placed under a continuous alcohol monitoring program established pursuant to this section shall bear the cost of all testing, monitoring and enrollment in the program and pay thirty dollars per month while in the program, unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the colle