Terms Used In Arizona Laws > Title 5 > Chapter 3 - Boating and Water Sports

• Absconder: means a probationer who has moved from the probationer's primary residence without permission of the probation officer, who cannot be located within ninety days of the previous contact and against whom a petition to revoke has been filed in the superior court alleging that the probationer's whereabouts are unknown. See Arizona Laws 13-105
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Act: means a bodily movement. See Arizona Laws 13-105
• Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
• Agricultural laboratory services: means the following services:

  (a) Providing a residue analysis of:

  (i) Raw, processed or manufactured agricultural commodities and products. See Arizona Laws 3-141

• Allegation: something that someone says happened.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Assistant director: means the assistant director for the state agricultural laboratory. See Arizona Laws 3-141
• Associate director: means the associate director of the division. See Arizona Laws 3-601
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Aural transfer: means a communication containing the human voice at any point between and including the point of origin and the point of reception. See Arizona Laws 13-3001
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Butter: means the clean and nonrancid product containing not less than eighty per cent milk fat produced by gathering the fat of milk or cream into a mass, containing a small portion of other milk constituents, and with or without salt or harmless coloring matter. See Arizona Laws 3-601
• Commercial motorized watercraft: means a motorized watercraft that carries passengers or property for a valuable consideration that is paid to the owner, charterer, operator or agent or to any other person interested in the watercraft. See Arizona Laws 5-301
• Commission: means the Arizona game and fish commission. See Arizona Laws 5-301
• Commission: means the historical advisory commission established by Section 41-151. See Arizona Laws 3-161
• Communication service provider: means any person who is engaged in providing a service that allows its users to send or receive oral, wire or electronic communications or computer services. See Arizona Laws 13-3001
• Community supervision: means that portion of a felony sentence that is imposed by the court pursuant to section 13-603, subsection I and that is served in the community after completing a period of imprisonment or served in prison in accordance with Section 41-1604. See Arizona Laws 13-105
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Council: means the Arizona iceberg lettuce research council. See Arizona Laws 3-526
• Council: means the citrus, fruit and vegetable advisory council. See Arizona Laws 3-527
• Council: means the Arizona grain research and promotion council. See Arizona Laws 3-581
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dangerous instrument: means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury. See Arizona Laws 13-105
• Deadly weapon: means anything designed for lethal use, including a firearm. See Arizona Laws 13-105
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Arizona game and fish department. See Arizona Laws 5-301
• Director: means the director of the Arizona department of agriculture. See Arizona Laws 3-527
• Division: means the animal services division of the Arizona department of agriculture. See Arizona Laws 3-601
• Documented watercraft: means any watercraft currently registered as a watercraft of the United States pursuant to Title 46 of the Code of Federal Regulations, Part 67. See Arizona Laws 5-301
• Electronic communication: means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature that is transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system but that does not include any of the following:

  (a) Any wire or oral communication. See Arizona Laws 13-3001

• Electronic communication system: means any communication or computer facilities or related electronic equipment for the transmission, processing or electronic storage of electronic communications. See Arizona Laws 13-3001
• Electronic storage: means either of the following:

  (a) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission. See Arizona Laws 13-3001

• Enterprise: includes any corporation, association, labor union or other legal entity. See Arizona Laws 13-105
• escape: means :

  (i) A departure from custody or from a juvenile secure care facility, a juvenile detention facility or an adult correctional facility in which the person is held or detained, with knowledge that the departure is not allowed, or the failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period. See Arizona Laws 13-105

• Executor: A male person named in a will to carry out the decedent
• Federal milk ordinance: means the recommendations of the United States public health service grade "A" pasteurized milk ordinance with administrative procedures. See Arizona Laws 3-601
• Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
• First buyer: means a person, partnership, corporation or cooperative that purchases grain from a producer in the first instance or a public or private lienholder, secured party or pledgee, or assignee of the lienholder, secured party or pledgee, who gains title to the grain from the grower as a result of exercising any legal rights by the lienholder, secured party, pledgee or assignee regardless of when the lien, security interest or pledge was created. See Arizona Laws 3-581
• Food product: includes :

  (a) Every product of the soil in its natural or manufactured state. See Arizona Laws 3-561

• Frozen desserts: means ice cream, frozen custard, french ice cream, ice milk, quiescently frozen confection, quiescently frozen dairy confection, french custard ice cream, artificially sweetened ice cream, manufactured desserts mix, whipped cream confection, bisque tortoni, sherbets, water ice and mellorine frozen desserts and all such other products, together with any mix used in making such frozen desserts, and any other products which are similar in appearance, odor or taste to such products or are prepared or frozen as frozen desserts are customarily prepared and frozen, whether made with dairy products or nondairy products. See Arizona Laws 3-601
• Government: means the state, any political subdivision of the state or any department, agency, board, commission, institution or governmental instrumentality of or within the state or political subdivision. See Arizona Laws 13-105
• Grain: means the seed of barley and wheat of all classes produced for use as food, feed or seed or produced for any industrial or commercial use. See Arizona Laws 3-581
• Grower-shipper: means a person who is engaged in this state in the business of packing, shipping, transporting or selling iceberg lettuce of which he is a grower, producer or owner. See Arizona Laws 3-526
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Handler: means a person who engages in marketing iceberg lettuce on behalf of a grower, whether as a grower-shipper, owner, agent, employee, broker, dealer, consignor or commission merchant or otherwise. See Arizona Laws 3-526
• Handler: means a person who as owner, agent, broker or intermediary, either directly or indirectly, receives, purchases or otherwise acquires ownership, possession or control of milk in unprocessed or bulk form from a producer or a producer-handler for manufacturing, processing, selling or other handling. See Arizona Laws 3-601
• Iceberg lettuce: means varieties of lettuce produced in this state of the types which are distinguished as "crisphead" in the publication entitled "lettuce production in the United States, agricultural handbook no. See Arizona Laws 3-526
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
• Manufactured milk products: includes :

  (a) Butter. See Arizona Laws 3-601

• manufacturing cream: means milk or cream not conforming to the requirements of the federal milk ordinance. See Arizona Laws 3-601
• Marketing year: means a one year period from February 1 through January 31 of the following calendar year. See Arizona Laws 3-581
• Minor: means a person under eighteen years of age. See Arizona Laws 1-215
• Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motorboat: means any watercraft that is not more than sixty-five feet in length and that is propelled by machinery whether or not such machinery is the principal source of propulsion. See Arizona Laws 5-301
• Motorized watercraft: means any watercraft that is propelled by machinery whether or not the machinery is the principal source of propulsion. See Arizona Laws 5-301
• Nonresident: means a citizen of the United States or an alien person who is not domiciled in this state and who is not a resident as defined in this section. See Arizona Laws 5-301
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operate: means to operate or be in actual physical control of a watercraft while on public waters. See Arizona Laws 5-301
• Operator: means a person who operates or is in actual physical control of a watercraft. See Arizona Laws 5-301
• Oral communication: means a spoken communication that is uttered by a person who exhibits an expectation that the communication is not subject to interception under circumstances justifying the expectation but does not include any electronic communication. See Arizona Laws 13-3001
• pasteurized: means a process prescribed by the standards set forth in the federal milk ordinance or any other process demonstrated to be equally efficient and approved by the associate director. See Arizona Laws 3-601
• Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 13-105
• Peace officers: means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board. See Arizona Laws 1-215
• Pen register: means a device or process that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line or communication facility to which the device is attached or the dialing, routing, addressing or signaling information that is transmitted by an instrument or facility from which a wire or electronic communication is transmitted but does not include the contents of any communication, except when used in connection with a court order issued pursuant to section 13-3010 or 13-3012. See Arizona Laws 13-3001
• Person: includes any individual, firm, corporation, partnership or association, and any agent, assignee, trustee, executor, receiver or representative thereof. See Arizona Laws 5-301
• Person: means any individual, enterprise, public or private corporation, unincorporated association, partnership, firm, society, governmental authority or entity, including the subscriber to the communication service involved, and any law enforcement officer. See Arizona Laws 13-3001
• Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
• Petty offense: A federal misdemeanor punishable by six months or less in prison. ^{Source: U.S. Courts}
• Physical injury: means the impairment of physical condition. See Arizona Laws 13-105
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Possess: means knowingly to have physical possession or otherwise to exercise dominion or control over property. See Arizona Laws 13-105
• Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Producer: means a person engaged in this state in the business of producing or causing to be produced iceberg lettuce. See Arizona Laws 3-526
• Producer: includes owners, proprietors or tenants of agricultural lands, orchards, farms and gardens where food products are grown, raised or prepared for market. See Arizona Laws 3-561
• Producer: means a person, partnership, corporation or cooperative in this state that produces and sells grain in commercial channels. See Arizona Laws 3-581
• Producer: means a person that produces milk from cows and whose bulk milk is received, acquired or handled by a handler. See Arizona Laws 3-601
• Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
• Public: means affecting or likely to affect a substantial group of persons. See Arizona Laws 13-2901
• Public waters: means any body of water that is publicly owned or that the public is allowed to use without permission of the owner on which a motorized watercraft can be navigated, including that part of waters that is common to interstate boundaries and that is within the boundaries of this state. See Arizona Laws 5-301
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recklessly: means , with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. See Arizona Laws 13-105
• Register: means the Arizona register of heritage agriculture. See Arizona Laws 3-161
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Resident: means a person who is either:

  (a) A member of the armed forces of the United States on active duty and stationed in this state for a period of thirty days immediately before the date of application for a watercraft decal. See Arizona Laws 5-301

• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revocation: means invalidating the certificate of number, numbers and annual validation decals issued by the department to a watercraft and prohibiting the operation of the watercraft on the waters of this state during a period of noncompliance with this chapter. See Arizona Laws 5-301
• Rowing shell: means a manually propelled watercraft that is recognized by a national racing association for use in practice, training or competitive rowing. See Arizona Laws 5-301
• Serious physical injury: includes physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb. See Arizona Laws 13-105
• Special anchorage area: means an area set aside and under the control of a federal, state or local governmental agency, or by a duly authorized marina operator or concessionaire for the mooring, anchoring or docking of watercraft. See Arizona Laws 5-301
• State of principal operation: means the state where a watercraft is primarily used, navigated or employed. See Arizona Laws 5-301
• Statute: A law passed by a legislature.
• subscription: includes a mark, if a person cannot write, with the person's name written near it and witnessed by a person who writes the person's own name as witness. See Arizona Laws 1-215
• Supervisor: means the state dairy supervisor employed pursuant to section 3-603. See Arizona Laws 3-601
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trap and trace device: means a device or process that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted or the dialing, routing, addressing and signaling information that is reasonably likely to identify the source of a wire or electronic communication but does not include the content of any communication, except when used in connection with a court order issued pursuant to section 13-3010 or 13-3012. See Arizona Laws 13-3001
• Underway: means a watercraft that is not at anchor, is not made fast to the shore or is not aground. See Arizona Laws 5-301
• Undocumented watercraft: means any watercraft that does not have and is not required to have a valid marine document as a watercraft of the United States. See Arizona Laws 5-301
• Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
• Vehicle: means a device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. See Arizona Laws 13-105
• Wakeless speed: means a speed that does not cause the watercraft to create a wake, but in no case in excess of five miles per hour. See Arizona Laws 5-301
• Watercraft: means any boat designed to be propelled by machinery, oars, paddles or wind action on a sail for navigation on the water, or as may be defined by rule of the commission. See Arizona Laws 5-301
• Waterway: means any body of water, public or private, on which a watercraft can be navigated. See Arizona Laws 5-301
• Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215