The owner of a container may file a civil action for and shall be awarded damages, injunctive relief or the provisional remedy of replevin or any such combination against a person who, without the owner’s consent, does any of the following:

Terms Used In Arizona Laws 44-1723

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Container: means a bakery rack, bakery tray, dairy case, egg basket or merchandise pallet. See Arizona Laws 44-1721
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • File: when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. See Arizona Laws 44-1691
  • Name or mark: means a permanently affixed or permanently stamped name or mark that satisfies the requirements of section 44-1722 and that is used for the purpose of identifying the owner of the containers. See Arizona Laws 44-1721
  • Parking area: means a lot or other property provided by a recipient for the use of its customers to park vehicles while at the recipient's establishment. See Arizona Laws 44-1721
  • Person: means an individual, partnership, corporation, association, or any other entity of whatever kind or nature. See Arizona Laws 44-1691
  • Recipient: means a person, firm, corporation or association that is authorized by the owner to use an owner's container. See Arizona Laws 44-1721

1. Removes the owner’s container from the owner’s or a recipient‘s premises or parking area.

2. Uses or knowingly possesses the owner’s container that has been removed from the owner’s or a recipient’s premises or parking area.

3. Obliterates, covers, removes or otherwise alters the name or mark on the owner’s container.

4. Abandons or leaves the owner’s container at a location other than the owner’s or a recipient’s premises or parking area.

5. Alters, converts, destroys or tampers with the owner’s container.

6. Sells the owner’s container to or purchases the owner’s container from someone other than the owner.

7. Refuses to return the owner’s container on demand of the owner.

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