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Senate Engrossed
political signs; removal; elections |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SENATE BILL 1063 |
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An Act
amending section 16-1019, Arizona Revised Statutes; relating to political signs.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-1019, Arizona Revised Statutes, is amended to read:
16-1019. Political signs; printed materials; tampering; violation; classification; definitions
A. It is a class 2 misdemeanor for any person to knowingly remove, alter, deface or cover any political sign of any candidate for public office or in support of or opposition to any ballot measure, question or issue or knowingly remove, alter or deface any political mailers, handouts, flyers or other printed materials of a candidate or in support of or opposition to any ballot measure, question or issue that are delivered by hand to a residence for the period commencing forty-five seventy-one days before a primary an election and ending fifteen days after the general election, except that for a sign for a candidate in a primary or first election who does not advance advances to the general or runoff election, the period ends fifteen days after the primary general or runoff election. For a sign that supports or opposes a ballot measure, question or issue, this subsection applies only for the election at which the ballot measure, question or issue is scheduled to appear on the ballot and for the period commencing seventy-one days before that election and ending fifteen days after that election.
B. This section does not apply to the removal, alteration, defacing or covering of a political sign or other printed materials by the candidate or the authorized agent of the candidate in support of whose election the sign or materials were placed, by a person authorized by the committee in support of or opposition to a ballot measure, question or issue that provided the sign or printed materials, by the owner or authorized agent of the owner of private property on which such signs or printed materials are placed with or without permission of the owner or placed in violation of state law or county, city or town ordinance or regulation.
C. Notwithstanding any other statute, ordinance or regulation, a city, town or county of this state shall not remove, alter, deface or cover any political sign if the following conditions are met:
1. The sign is placed in a public right-of-way that is owned or controlled by that jurisdiction.
2. The sign supports or opposes a candidate for public office or it supports or opposes a ballot measure, question or issue.
3. The sign is not placed in a location that is hazardous to public safety, obstructs clear vision in the area or interferes with the requirements of the Americans with disabilities act (42 United States Code sections 12101 through 12213 and 47 United States Code sections 225 and 611).
4. The sign has a maximum area of sixteen square feet, if the sign is located in an area zoned for residential use, or a maximum area of thirty-two square feet if the sign is located in any other area.
5. The sign contains the name and telephone number or website address of the candidate or campaign committee contact person.
D. If the city, town or county deems that the placement of a political sign constitutes an emergency, the jurisdiction may immediately relocate the sign. The jurisdiction shall notify the candidate or campaign committee that placed the sign within twenty-four hours after the relocation. If a sign is placed in violation of subsection C of this section and the placement is not deemed to constitute an emergency, the city, town or county may notify the candidate or campaign committee that placed the sign of the violation. If the sign remains in violation at least twenty-four hours after the jurisdiction notified the candidate or campaign committee, the jurisdiction may remove the sign. The jurisdiction shall contact the candidate or campaign committee contact and shall retain the sign for at least ten business days to allow the candidate or campaign committee to retrieve the sign without penalty.
E. A city, town or county employee acting within the scope of the employee's employment is not liable for an injury caused by the failure to remove a sign pursuant to subsection D of this section unless the employee intended to cause injury or was grossly negligent.
F. Subsection C of this section does not apply to commercial tourism, commercial resort and hotel sign free zones as those zones are designated by municipalities. The total area of those zones shall not be larger than three square miles, and each zone shall be identified as a specific contiguous area where, by resolution of the municipal governing body, the municipality has determined that based on a predominance of commercial tourism, resort and hotel uses within the zone the placement of political signs within the rights-of-way in the zone will detract from the scenic and aesthetic appeal of the area within the zone and deter its appeal to tourists. Not more than two zones may be identified within a municipality.
G. A city, town or county may prohibit the installation of a sign on any structure owned by the jurisdiction.
H. Subsection C of this section applies only during the period commencing seventy-one days before a primary an election and ending fifteen days after the general election, except that for a sign for a candidate in a primary or first election who does not advance advances to the general or runoff election, the period ends fifteen days after the primary general or runoff election. For a sign that supports or opposes a ballot measure, question or issue, subsection C of this section applies only for the election at which the ballot measure, question or issue is scheduled to appear on the ballot and for the period commencing seventy-one days before that election and ending fifteen days after that election.
I. This section does not apply to state highways or routes, or overpasses over those state highways or routes.
J. This section applies to any election held in this state by a city, town, county, school district, special taxing district or other governmental entity, including this state.
K. For the purposes of this section:
1. "General or runoff election" means:
(a) the general election as prescribed by section 16-211 and, for a city or town or other political subdivision that holds a primary or first election, the runoff election or second election without regard to whether the political subdivision designates the election as a general, runoff or second election or any other descriptive term.
(b) For a political subdivision that holds a single election and for which a primary election is never held, the single election.
2. "Political subdivision" means a city, town, county, school district, special taxing district or other governmental entity.
3. "primary or first election" means an election that is held as prescribed by section 16-201 and, for a city or town or other political subdivision that holds a PRELIMINARY, primary or first election that is held for the purpose of reducing the number of candidates for a possible subsequent election or receiving a partisan nomination or designation, without regard to whether the political subdivision designates the election a primary election, a first election, a preliminary election or any other descriptive term.