Sections
Article 1 General Provisions 5-301 – 5-302
Article 2 Powers and Duties 5-311
Article 3 Registration and Taxation of Watercraft 5-321 – 5-327
Article 4 Required Equipment 5-331 – 5-336
Article 5 Operation of Watercraft 5-341 – 5-350
Article 6 Uniform Waterway Marking System 5-361 – 5-362
Article 7 Boat Liveries 5-371
Article 8 Lake Improvement and Boating Safety Funds 5-382 – 5-383
Article 9 Violations and Penalties 5-391 – 5-393
Article 10 Boating While Intoxicated 5-395 – 5-398.02
Article 11 Towing of Watercraft 5-399 – 5-399.03

Terms Used In Arizona Laws > Title 5 > Chapter 3

  • 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 3-1703
  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • 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.
  • Associate director: means the associate director of the division. See Arizona Laws 3-601
  • Associate director: means the associate director of the division. See Arizona Laws 3-201
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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
  • 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 3-1703
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • crop: includes every kind of vegetation, wild or domesticated, and any part thereof, as well as seed, fruit or other natural product of such vegetation. See Arizona Laws 3-201
  • 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 3-1703
  • Deadly weapon: means anything designed for lethal use, including a firearm. See Arizona Laws 3-1703
  • 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
  • Director: means the director of the department. See Arizona Laws 3-101
  • Diseases: includes any fungus, bacterium, virus or other organism of any kind and any unknown cause that is or may be found to be injurious, or likely to be or to become injurious to any domesticated or cultivated plant, or to the product of any such plant. See Arizona Laws 3-201
  • Division: means the animal services division of the Arizona department of agriculture. See Arizona Laws 3-601
  • Division: means the plant services division of the Arizona department of agriculture. See Arizona Laws 3-201
  • Documented watercraft: means any watercraft currently registered as a watercraft of the United States pursuant to 46 Code of Federal Regulations part 67. See Arizona Laws 5-301
  • 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 3-1703
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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 3-1703
  • 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
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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 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
  • Historical prior felony conviction: means :

    (a) Any prior felony conviction for which the offense of conviction either:

    (i) Mandated a term of imprisonment except for a violation of chapter 34 of this title involving a drug below the threshold amount. See Arizona Laws 3-1703

  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • Juror: means any person who is a member of any impaneled jury or grand jury, and includes any person who has been drawn or summoned to attend as a prospective juror. See Arizona Laws 5-233
  • 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 3-1703
  • 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 milk processing plant: means any place, premises or establishment where manufacturing milk or manufactured milk products, or any combination of them, are collected, handled, processed, manufactured, stored, pasteurized, aseptically processed, bottled or prepared for distribution. 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
  • Milk distributing plant: means a plant processing and distributing milk and milk products other than products made from manufacturing milk. See Arizona Laws 3-601
  • Minor: means a person under the age of eighteen years. 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 3-1703
  • 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
  • Nursery: means real property or other premises on or in which nursery stock is propagated, grown or cultivated or from which source nursery stock is offered for distribution or sale. See Arizona Laws 3-201
  • Nursery stock: includes all trees, shrubs, vines, cacti, agaves, succulents, herbaceous plants whether annuals, biennials or perennials, bulbs, corms, rizomes, roots, decorative plant material, flowers, fruit pits or seeds, cuttings, buds, grafts, scions and other plants intended for sale, gift or propagation, either cultivated or collected in the wild, except seeds as regulated by article 2 of this chapter, fruit and vegetables regulated by chapter 3, articles 2 and 4 of this title and cotton plants. See Arizona Laws 3-201
  • 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.
  • Official proceeding: means a proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath. See Arizona Laws 5-233
  • 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
  • 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 3-1703
  • 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
  • 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 3-1703
  • Person: includes any individual, firm, corporation, partnership or association, and any agent, assignee, trustee, executor, receiver or representative thereof. See Arizona Laws 5-301
  • Pests: includes all noxious weeds, insects, diseases, mites, spiders, nematodes and other animal or plant organisms found injurious, or likely to be or to become injurious, to any domesticated, cultivated, native or wild plant, or to the product of any such plant. See Arizona Laws 3-201
  • Petty offense: means an offense for which a sentence of a fine only is authorized by law. See Arizona Laws 3-1703
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Physical evidence: means any article, object, document, record or other thing of physical substance. See Arizona Laws 5-233
  • Physical injury: means the impairment of physical condition. See Arizona Laws 3-1703
  • 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
  • Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 3-1703
  • prior felony conviction: includes any offense committed outside the jurisdiction of this state that was punishable by that jurisdiction as a felony. See Arizona Laws 3-1703
  • 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: 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
  • Producer-distributor: means a producer of milk handling his own product exclusively and distributing it as milk. See Arizona Laws 3-601
  • Producer-manufacturer: means a producer of milk handling his own product exclusively, and manufacturing milk products therefrom and distributing the products. See Arizona Laws 3-601
  • Property: means anything of value, tangible or intangible. See Arizona Laws 3-1703
  • Public: means affecting or likely to affect a substantial group of persons. See Arizona Laws 5-322
  • 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 3-1703
  • Register: means the Arizona register of heritage agriculture. See Arizona Laws 3-161
  • 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
  • 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 3-1703
  • 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
  • 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
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervisor: means the state dairy supervisor employed pursuant to section 3-603. See Arizona Laws 3-601
  • Testimony: means oral or written statements, documents or any other material that may be offered by a witness in an official proceeding. See Arizona Laws 5-233
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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 which 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 permitted by law. See Arizona Laws 3-1703
  • 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 3-1703
  • 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 upon 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, upon 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