Bill Text: AZ SB1504 | 2016 | Fifty-second Legislature 2nd Regular | Engrossed
Bill Title: Drop box; private property; consent
Spectrum: Bipartisan Bill
Status: (Passed) 2016-03-24 - Chapter 59 [SB1504 Detail]
Download: Arizona-2016-SB1504-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SENATE BILL 1504 |
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AN ACT
amending title 33, Arizona Revised Statutes, by adding chapter 23; relating to private property.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, Arizona Revised Statutes, is amended by adding chapter 23, to read:
Chapter 23
Private Property Rights
Article 1. General Provisions
33-2501. Drop box; private property; required consent; exemptions; definitions
A. Any person that places a drop box on private property shall obtain notarized approval that is signed by the private property owner or the private property owner's authorized agent before placing the drop box on the private property, provided the private property owner or the private property owner's authorized agent complies with the requirements of any applicable covenant, condition or restriction on the property where the drop box is to be located.
B. All drop boxes shall display, in a clear and conspicuous manner, the name of the person that owns the drop box and the contact information for the drop box owner, including the person's name, address, telephone number and e-mail address.
C. The private property owner or the private property owner's authorized agent may rescind permission for the placement of a drop box on the private property at any time. The private property owner or the private property owner's authorized agent shall notify the owner of the drop box by certified mail of the decision to rescind permission for the placement of the drop box. The notice shall be mailed to the address listed on the drop box. The drop box owner shall remove the drop box within ten business days after receipt of the notification. If the drop box is not removed after ten business days, the private property owner or the private property owner's authorized agent may dispose of the drop box and its contents.
D. Any drop box that is placed on private property without notarized consent of the private property owner or the private property owner's authorized agent may be removed and disposed of by the private property owner or the private property owner's authorized agent at any time without notification.
E. A private property owner or the private property owner's authorized agent who removes a drop box pursuant to subsection C or D of this section is not liable for the losses associated with the removal of a drop box and its contents.
F. This section does not:
1. Apply to a drop box that is located on private property that is owned by the person that owns the drop box, provided the private property owner or the private property owner's authorized agent complies with the requirements of any applicable covenant, condition or restriction on the property where the drop box is to be located.
2. Preempt a city or town from adopting an ordinance to regulate drop boxes if the ordinance does not conflict with this section.
3. Preempt a county board of supervisors from adopting an ordinance or resolution to regulate drop boxes if the ordinance or resolution does not conflict with this section.
4. Apply to a written license or lease agreement or written contract between the private property owner and the owner of the drop box, provided the private property owner or the private property owner's authorized agent complies with the requirements of any applicable covenant, condition or restriction on the property where the drop box is to be located.
5. apply to an existing tenant on private property provided the tenant obtains prior approval from the private property owner or the private property owner’s authorized agent of the private property where the drop box is to be located, provided the private property owner or the private property owner's authorized agent complies with the requirements of any applicable covenant, condition or restriction on the property where the drop box is to be located.
6. Create any additional liability, responsibility or duty on another tenant or lessee of the private property.
G. For the purposes of this section:
1. "Drop box" means any container, storage unit or structure, other than a primary building or accessory building, used for the collection of donated items by the general public, including clothing, materials, household goods, toys, books and papers.
2. "Private property owner's authorized agent" means an individual who is either:
(a) If the private property owner is a corporation, a principal executive officer or other corporate officer with signatory powers pursuant to the corporation's by‑laws or a vote of the directors.
(b) If the private property owner is a partnership or sole proprietorship, a general partner or proprietor.
(c) A duly authorized representative who is responsible for the overall operation of the private property or who has authority to sign contracts, permits, permit applications, monitoring results and other documents in the private property owner's name.
Sec. 2. Legislative findings
The legislature finds and declares that:
1. This state has a long history of protecting the property rights of private property owners, including protecting property owners from trespass.
2. Most, if not all, permanent and temporary land uses require written and notarized authorization from the private property owner or the private property owner’s authorized agent.
3. Today, it is estimated that there are more than five thousand drop boxes in this state placed on numerous commercial and retail shopping centers, a substantial majority of which drop box operators have placed deliberately in defiance of trespass laws, with inappropriate approval from an onsite tenant or with the mistaken belief that they had proper authority from the private property owner or the private property owner’s authorized agent.
4. Often, drop box operators will place drop boxes on required parking spaces, landscape setbacks, parking landscape islands, or in the path of vehicle circulation – frequently in violation of local zoning, public nuisance or other ordinances. In addition, the placement of the drop boxes may result in violations of a private property owner’s contractual obligations to the tenants, licensees or other property owners, unless the private property owner or the private property owner’s authorized agent takes appropriate remedial action.
5. In order for a private property owner or the private property owner’s authorized agent to address the trespass, often the private property owner or the private property owner’s authorized agent will first seek to contact the drop box operator to demand removal of the drop box. However, it is not unusual for the private property owner’s or the private property owner’s authorized agent’s efforts to be frustrated by the drop box operator’s:
(a) Failure to provide accurate, if any, contact information on the drop box.
(b) Lack of timely response, if at all, when contacted.
(c) Attempts to delay taking action.
6. When a private property owner or the private property owner’s authorized agent does take action to remove an unauthorized drop box, it is not uncommon for the drop box operator to threaten to sue, and in some cases actually sue, the private property owner and the private property owner’s authorized agent.
7. With notarized authorization and disclosure of contact information, private property owners will be afforded greater protection against potential civil and tort liabilities, local zoning, public nuisance or other ordinance violations and breach of contract claims from authorized tenants and licensees.
8. By obtaining notarized authorization and disclosing contact information on drop boxes, drop box operators will be afforded greater protection against potential civil and criminal liabilities and the potential loss of the drop boxes and its content.
