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Senate Engrossed
homeless encampment; removal |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SENATE BILL 1413 |
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An Act
amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.49; amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11-269.27; relating to local regulations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.49, to read:
9-500.49. Homeless encampment; removal; definition
A. On receipt of a report of the existence of a homeless encampment, a city or town shall notify the owner to remove the owner's tent, structure or other personal property from the area in which the encampment is located. If removal does not occur within twenty-four hours after the order to remove the property, the city or town shall claim the property and retain the property for a period of fourteen days, during which the owner may claim the owner's property. Unclaimed property may be disposed of pursuant to title 44, chapter 3. THe city or town shall clean the area in which the encampment was located.
b. persons living at an encampment that is located on private property are guilty of trespassing as prescribed in title 13, chapter 15. Persons living at the encampment who are engaging in illegal drug use are guilty of the appropriate drug-related offense pursuant to title 13, chapter 34.
c. For the purposes of this section, "homeless encampment" means one or more tents, structures or assemblies of camping equipment or other structures where one or more persons are knowingly, intelligently and regularly using the area as an indefinite place of domicile or residence.
Sec. 2. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.27, to read:
11-269.27. Homeless encampment; removal; definition
A. On receipt of a report of the existence of a homeless encampment, a county shall notify the owner to remove the owner's tent, structure or other personal property from the area in which the encampment is located. If removal does not occur within twenty-four hours after the order to remove the property, the county shall claim the property and retain the property for a period of fourteen days, during which the owner may claim the owner's property. Unclaimed property may be disposed of pursuant to title 44, chapter 3. THe county shall clean the area in which the encampment was located.
b. persons living at an encampment that is located on private property are guilty of trespassing as prescribed in title 13, chapter 15. Persons living at the encampment who are engaging in illegal drug use are guilty of the appropriate drug-related offense pursuant to title 13, chapter 34.
c. For the purposes of this section, "homeless encampment" means one or more tents, structures or assemblies of camping equipment or other structures where one or more persons are knowingly, intelligently and regularly using the area as an indefinite place of domicile or residence.