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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
public nuisance; consent requirement
Purpose
Stipulates that the Attorney General (AG) may only bring an action in superior court to abate, enjoin or prevent activity that is considered a public nuisance with the consent of the county board of supervisors (county BOS).
Background
Statute deems that it is a public nuisance for anything to: 1) be injurious to health, indecent, offensive to the senses or an obstruction to the free use of property that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood, or by a considerable number of persons; or 2) to unlawfully obstruct the free passage or use of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway. It is also a public nuisance for any person to sell, offer to sell, transfer, trade or disseminate any item considered obscene within 2,000 feet of: 1) any building used as a private or public elementary school or high school; 2) any public park; or 3) any residence district. A county attorney, the AG or a city attorney may bring an action in superior court to abate, enjoin and prevent activity that is considered a public nuisance. A person who knowingly maintains or commits a public nuisance, or who knowingly fails or refuses to perform any legal duty relating to the removal of a public nuisance is guilty of a class 2 misdemeanor (A.R.S. § 13-2917).
Statute likewise prohibits persons from engaging in consumer fraud, which means the use of deception, deceptive or unfair acts or practices, fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission of any material fact in connection with the sale or advertisement of any merchandise. The AG has broad investigative authority to enforce prohibitions against consumer fraud (A.R.S. §§ 44-1521 et seq.).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Stipulates that the AG may only bring an action in superior court to abate, enjoin or prevent activity that is considered a public nuisance with the consent of the county BOS.
2. Makes technical changes.
3. Becomes effective on the general effective date.
House Action
JUDE 1/15/26 W/D
LARA 2/2/26 DP 5-3-0-0
3rd Read 2/24/26 32-23-5
Prepared by Senate Research
March 16, 2026
ZD/ci