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REFERENCE TITLE: public road maintenance; primitive designation |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2413 |
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Introduced by Representative Cook
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AN ACT
amending sections 28‑6705 and 28‑6706, Arizona Revised Statutes; relating to county highways.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-6705, Arizona Revised Statutes, is amended to read:
28-6705. Public road and street maintenance
A. The board of supervisors may spend public monies for maintenance of public roads and streets other than legally designated state and county highways located without the limits of an incorporated city or town. Before spending public monies under this section, the roads or streets shall be both either:
1. Laid out, opened and constructed in accordance with standard engineering road specifications adopted by the board of supervisors without cost to the county.
2. Completed pursuant to a plat that is approved pursuant to sections 11‑802 and 11‑822 and in accordance with standard engineering road specifications adopted by the board of supervisors to ensure uniform compliance.
B. The board of supervisors may spend public monies for maintenance of public roads and streets that were laid out, constructed and opened before June 13, 1990, or that have been designated as primitive roads pursuant to section 28‑6706, subsection D, even if the roads and streets were not constructed in accordance with subsection A of this section.
C. Maintenance of a public road or street does not include purchasing or laying cement. To reduce long‑term maintenance costs for maintenance authorized by this section, the board of supervisors may spend monies to add rock products, gravel and processed materials to the base of the roads and streets. Petroleum based or nonpetroleum based products may be used in the maintenance and repair of unpaved roads, alleys and shoulders identified pursuant to section 9‑500.04 or 49‑474.01 or unpaved roads, alleys and shoulders in any county where the control officer as defined in section 49‑471 certifies to the board of supervisors that emissions from such roads, alleys or shoulders may endanger compliance with the national ambient air quality standard as defined in section 49‑401.01.
Sec. 2. Section 28-6706, Arizona Revised Statutes, is amended to read:
28-6706. Primitive roads
A. The board of supervisors or the governing body of a city or town may designate a public road within its jurisdiction as a primitive road as prescribed in this section.
B. Neither a county, city or town nor its employees are liable for damages or injuries resulting from the use of a primitive road designated under this section except for intentional injuries or gross negligence caused by an employee acting within the scope of the employee's employment.
C. Except as provided in subsection D, The board of supervisors or the governing body of a city or town shall not designate a road as a primitive road unless it was opened before June 13, 1975 1990 and was not constructed in accordance with county standards.
D. The board of supervisors or the governing body of a city or town may designate a road as a primitive road if all of the following apply:
1. The road was opened after June 13, 1975.
2. The road was accepted for maintenance by the board of supervisors or the governing body of a city or town before June 13, 1985.
3. The road was not constructed in accordance with county standards.
E. D. The county, city or town shall place signs on every road designated as a primitive road in locations adequate to warn the public. These signs shall state "Primitive road, caution, use at your own risk. This surface is not regularly maintained."
F. E. A board of supervisors or the governing body of a city or town shall not designate a state or county highway as a primitive road.