Skip to content
The COVID Project
  1. Library
  2. Standing duties: Arizona
  3. DUT-AZ-015

Ex. DUT-AZ-015 Standing duty Primary source read

Statute

Criminal nuisance; classification

Arizona Legislature (Arizona Revised Statutes, title 13, ch. 29, Offenses Against Public Order) · Arizona (State)

The COVID Project

The record

Jurisdiction
Arizona
Level
State
Authority
Ariz. Const. art. IV
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
Standing duty
Addressees
  • persons generally; operators of premises where persons gather
Character
statutory duty
Collection
Standing duties: Arizona DUT-AZ

Operative words

A person commits criminal nuisance: 1. If, by conduct either unlawful in itself or unreasonable under the circumstances, such person recklessly creates or maintains a condition which endangers the safety or health of others.... B. Criminal nuisance is a class 3 misdemeanor.

Penalty

class 3 misdemeanor

What it required

Made it a crime for any person, including the operator of premises, recklessly to create or maintain a condition endangering the health of others, or knowingly to maintain premises where persons gather for unlawful conduct.

Retrieval note

Identified contemporaneously (Mar. 26, 2020) by Snell & Wilmer as an enforcement route for the executive orders: 'It would be strong evidence against a defendant that the Governor had issued an Executive Order prohibiting the activity and that the Order was issued to protect the safety and health of people in Arizona' (Ex. DUT-AZ-020). The companion public-nuisance section, A.R.S. § 13-2917 ('To be injurious to health... by a considerable number of persons'; class 2 misdemeanor; abatable by injunction at the suit of the county attorney or attorney general), was read on azleg.gov and is quoted in Ex. DUT-AZ-020; not separately saved.