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Ex. DUT-AZ-011 Standing duty Primary source read

Statute

Public nuisances dangerous to public health

Arizona Legislature (Arizona Revised Statutes, title 36, ch. 6, art. 1) · Arizona (State)

The COVID Project

The record

Jurisdiction
Arizona
Level
State
Authority
Ariz. Const. art. IV; the police power of the State
Effective
in force throughout 2020 Q2 to 2021 Q3
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Gathering capWorkplace rulesStanding duty
Addressees
  • owners and operators of restaurants, food markets, bakeries and other places of business where food is sold or served; operators of places of public assemblage; hotels and lodging establishments (para. 16)
Character
sanitary code duty
Collection
Standing duties: Arizona DUT-AZ

Operative words

public nuisances dangerous to the public health:... 3. Any restaurant, food market, bakery or other place of business... where food is prepared, packed, processed, stored, transported, sold or served to the public that is not constantly maintained in a sanitary condition.... 15. The maintenance of public assemblage or places of assemblage without providing adequate sanitary facilities.

Penalty

abatement order to the owner or occupant within twenty-four hours, civil penalty and removal at the owner's expense (A.R.S. § 36-602, Ex. DUT-AZ-012; § 36-183.04); public nuisance is a class 2 misdemeanor and criminal nuisance a class 3 misdemeanor (A.R.S. §§ 13-2917, 13-2908; Exs. DUT-AZ-015, DUT-AZ-020)

What it required

Declared every food business not 'constantly maintained in a sanitary condition,' every place of public assemblage without adequate sanitary facilities, and every lodging establishment not kept 'in a clean and sanitary condition' a public nuisance dangerous to the public health, abatable on order.

Retrieval note

The standing sanitary duty that the ADHS restaurant requirements of 2020 ('Implement comprehensive sanitation protocols, including increased sanitation schedules for bathrooms,' Ex. DUT-AZ-014) particularized for the pandemic; county environmental health departments enforce it through the food-establishment permit (9 A.A.C. 8, under A.R.S. § 36-136(I)(4), Ex. DUT-AZ-005).