Terms Used In Arizona Laws > Title 9 > Chapter 5 > Article 8 - Use of Public Highways and Private Property by Wireless Providers

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Adaptive behavior: means the effectiveness or degree to which a person meets the standards of personal independence and social responsibility expected of the person's age and cultural group. See Arizona Laws 36-551
• Administration: means the Arizona health care cost containment system administration. See Arizona Laws 36-550
• Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
• Adult developmental home: means a residential setting in a family home in which the care, physical custody and supervision of the adult client are the responsibility, under a twenty-four-hour care model, of the licensee who, in that capacity, is not an employee of the division or of a service provider and the home provides the following services for a group of siblings or up to three adults with developmental disabilities:

  (a) Room and board. See Arizona Laws 36-551

• Advisory council: means the developmental disabilities advisory council. See Arizona Laws 36-551
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used in providing wireless services. See Arizona Laws 9-591
• 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.
• Applicable codes: means uniform building, fire, electrical, plumbing or mechanical codes that are adopted by a recognized national code organization or local amendments to those codes that are enacted to address threats of destruction of property or injury to persons and to an extent that is not inconsistent with this article. See Arizona Laws 9-591
• Applicant: means any person that submits an application and that is a wireless provider. See Arizona Laws 9-591
• Application: means a request that is submitted by an applicant to an authority for a permit to collocate small wireless facilities or to approve the installation, modification or replacement of a utility pole or wireless support structure. See Arizona Laws 9-591
• 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
• Arizona training program facility: means a state-operated institution for clients of the department with developmental disabilities. See Arizona Laws 36-551
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authority: means any city, town, special district or political subdivision of this state that is authorized to make legislative, quasi-judicial or administrative decisions concerning an application. See Arizona Laws 9-591
• Authority utility pole: means a utility pole that is owned or operated by an authority and that is in a right-of-way. See Arizona Laws 9-591
• Autism: means a condition characterized by severe disorders in communication and behavior resulting in limited ability to communicate, understand, learn and participate in social relationships. See Arizona Laws 36-551
• Behavioral-supported group home: means a community residential setting that meets all of the following:

  (a) Is for not more than six persons with developmental disabilities. See Arizona Laws 36-551

• Bequest: Property gifted by will.
• Capacity to consent: means a person's ability, determined without regard to the person's age, to understand and appreciate the nature and consequences of a proposed health care service, treatment or procedure and to make an informed decision concerning that service, treatment or procedure. See Arizona Laws 36-661
• Case management: means coordinating the assistance needed by persons with developmental disabilities and their families in order to ensure that persons with developmental disabilities attain their maximum potential for independence, productivity and integration into the community. See Arizona Laws 36-551
• Case manager: means a person who coordinates the implementation of the individual program plan of goals, objectives and appropriate services for persons with developmental disabilities. See Arizona Laws 36-551
• Cerebral palsy: means a permanently disabling condition resulting from damage to the developing brain that may occur before, after or during birth and that results in loss or impairment of control over voluntary muscles. See Arizona Laws 36-551
• Chief medical officer: means the chief medical officer under the supervision of the superintendent of the state hospital. See Arizona Laws 36-501
• Child: means an unemancipated person under eighteen years of age. See Arizona Laws 36-661
• Child developmental certified home: means a regular foster home as defined in section 8-501 that is licensed pursuant to section 8-509 and that is certified by the department pursuant to Section 36-593. See Arizona Laws 36-551
• Child developmental home: means a residential setting in a family home in which the care and supervision of the child are the responsibility, under a twenty-four-hour care model, of the licensee who serves as the developmental home provider of the child in the home setting and who, in that capacity, is not an employee of the division or of a service provider and the home provides the following services for a group of siblings or up to three children with developmental disabilities:

  (a) Room and board. See Arizona Laws 36-551

• Client: means a person receiving developmental disabilities services from the department. See Arizona Laws 36-551
• Cognitive disability: means a condition that involves subaverage general intellectual functioning, that exists concurrently with deficits in adaptive behavior manifested before the age of eighteen and that is sometimes referred to as intellectual disability. See Arizona Laws 36-551
• collocation: means to install, mount, maintain, modify, operate or replace wireless facilities on, within or adjacent to a wireless support structure or utility pole. See Arizona Laws 9-591
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Communicable disease: means a contagious, epidemic or infectious disease required to be reported to the local board of health or the department pursuant to chapter 1 of this title and this chapter. See Arizona Laws 36-661
• Communicable disease related information: means information regarding a communicable disease in the possession of a person who provides health services or who obtains the information pursuant to the release of communicable disease related information. See Arizona Laws 36-661
• Communications service: means cable service as defined in 47 United States Code section 522(6), information service as defined in 47 United States Code section 153(24), telecommunications service as defined in 47 United States Code § 153(53) or wireless service. See Arizona Laws 9-591
• Community residential treatment system: means a statewide system of community-based residential treatment programs for the seriously mentally ill that provides a wide range of services as alternatives to institutionalization and in the least restrictive setting. See Arizona Laws 36-550
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consent: means voluntary informed consent. See Arizona Laws 36-551
• Contact: means a spouse or sex partner of a protected person, a person who has shared hypodermic needles or syringes with a protected person or a person otherwise exposed to a protected person with a communicable disease in a manner that poses an epidemiologically significant risk of transmission of that disease. See Arizona Laws 36-661
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means the superior court in the county in this state in which the patient resides or was found before screening or emergency admission under this title. See Arizona Laws 36-501
• Daily habilitation: means habilitation as defined in this section, except that the method of payment is for one unit per residential day. See Arizona Laws 36-551
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Daytime: means the period between sunrise and sunset. See Arizona Laws 1-215
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of health services. See Arizona Laws 36-501
• Department: means the department of economic security. See Arizona Laws 36-551
• Department: means the department of health services. See Arizona Laws 36-661
• Developmental disability: means either a strongly demonstrated potential that a child who is under six years of age has a developmental disability or will develop a developmental disability, as determined by a test performed pursuant to section 36-694 or by other appropriate tests, or a severe, chronic disability that:

  (a) Is attributable to a cognitive disability, cerebral palsy, epilepsy, down syndrome or autism. See Arizona Laws 36-551

• Devise: To gift property by will.
• Director: means the director of the department of economic security. See Arizona Laws 36-551
• Director: means the director of the administration. See Arizona Laws 36-550
• Director: means the director of the department of health services. See Arizona Laws 36-661
• District: means an administrative area of this state designated by the division of developmental disabilities in the department of economic security. See Arizona Laws 36-596.51
• Division: means the division of developmental disabilities in the department of economic security. See Arizona Laws 36-551
• Down syndrome: means a genetic disorder caused when abnormal cell division results in extra genetic material from chromosome 21, affecting a person's cognitive and physical abilities and causing developmental issues. See Arizona Laws 36-551
• Epilepsy: means a neurological condition characterized by abnormal electrical-chemical discharge in the brain. See Arizona Laws 36-551
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evaluation: means :

  (a) A professional multidisciplinary analysis that may include firsthand observations or remote observations by interactive audiovisual media and that is based on data describing the person's identity, biography and medical, psychological and social conditions carried out by a group of persons consisting of at least the following:

  (i) Two licensed physicians who are qualified psychiatrists, if possible, or at least experienced in psychiatric matters, who shall examine and report their findings independently. See Arizona Laws 36-501

• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Family: means a group that lives together and that consists of at least one person with a developmental disability and that person's parent. See Arizona Laws 36-596.51
• Family support: means services, supports and other assistance that are provided to families with members who have a developmental disability and that are designed to:

  (a) Strengthen the family's role as a primary care giver. See Arizona Laws 36-596.51

• Family support subsidy: means a grant that is provided to a family on behalf of a family member with a developmental disability or directly to an individual with a developmental disability for the purchase of services or necessities required to keep the family member or the individual in the family home or their own home or noninstitutional setting. See Arizona Laws 36-596.51
• Family support voucher: means an authorization of payment for services. See Arizona Laws 36-596.51
• Fee: means a onetime charge. See Arizona Laws 9-591
• Fiduciary: A trustee, executor, or administrator.
• First responder: means a law enforcement officer, a firefighter or an ambulance attendant as defined in section 36-2201. See Arizona Laws 36-661
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good Samaritan: means a person who renders emergency care or assistance in good faith and without compensation at the scene of any accident, fire or other life-threatening emergency and who believes that a significant exposure risk occurred while the person rendered care or assistance. See Arizona Laws 36-661
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantee: includes every person to whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
• Grantor: The person who establishes a trust and places property into it.
• Grantor: includes every person from or by whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
• 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.
• Guardian: means the person who, under court order, is appointed to fulfill the powers and duties prescribed in section 14-5312. See Arizona Laws 36-551
• Habilitation: means the process by which a person is assisted to acquire and maintain those life skills that enable the person to cope more effectively with personal and environmental demands and to raise the level of the person's physical, mental and social efficiency. See Arizona Laws 36-551
• Health care provider: means a physician, nurse or other person involved in providing health services. See Arizona Laws 36-661
• Health facility: means a health care institution as defined in section 36-401, a blood bank, blood center, milk bank, sperm bank, organ or tissue bank or clinical laboratory or a health care services organization holding a certificate of authority pursuant to section 20-1054. See Arizona Laws 36-661
• Health service: means public or private care, treatment, clinical laboratory tests, counseling or educational service for adults or children and acute, chronic, custodial, residential, outpatient, home or other health care or activities related to the detection, reporting, prevention and control of communicable or preventable diseases. See Arizona Laws 36-661
• HIV: means the human immunodeficiency virus. See Arizona Laws 36-661
• HIV infection: means infection with the human immunodeficiency virus or a related virus identified as a probable causative agent of acquired immune deficiency syndrome. See Arizona Laws 36-661
• HIV-related illness: means an illness that may result from or be associated with HIV infection. See Arizona Laws 36-661
• HIV-related information: means information concerning whether a person has had an HIV-related test or has HIV infection, HIV-related illness or acquired immune deficiency syndrome and includes information that identifies or reasonably permits identification of that person or the person's contacts. See Arizona Laws 36-661
• HIV-related test: means a laboratory test or series of tests for the virus, components of the virus or antibodies to the virus thought to indicate the presence of HIV infection. See Arizona Laws 36-661
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• independence: means the extent to which individuals with developmental disabilities and their families exert control and choice over their own lives. See Arizona Laws 36-596.51
• Individual program plan: means a written statement of services to be provided to a person with developmental disabilities, including habilitation goals and objectives, that is developed following initial placement evaluation and revised after periodic evaluations. See Arizona Laws 36-551
• Individual program plan team: means a group of people interested in or providing individual support to:

  (a) An individual with a developmental disability. See Arizona Laws 36-596.51

• Individual support: means services, supports and other assistance that enables a person with a developmental disability to be independent, productive and integrated in that person's community and that is designed to:

  (a) Enable the person to control that person's environment and have the most independent life possible. See Arizona Laws 36-596.51

• Integration: means that persons with developmental disabilities and their families:

  (a) Participate in the same community activities and employment as those persons without disabilities. See Arizona Laws 36-596.51

• Intermediate care facility for individuals with intellectual disabilities: means a facility that primarily provides health and rehabilitative services to persons with developmental disabilities that are above the service level of room and board or supervisory care services or personal care services as defined in section 36-401. See Arizona Laws 36-551
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Law: means any federal, state or local law, statute, common law, code, rule, regulation, order or ordinance. See Arizona Laws 9-591
• 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}
• Least restrictive alternative: means an available program or facility that fosters independent living, that is the least confining for the client's condition and that provides service and treatment in the least intrusive manner reasonably and humanely appropriate to the individual's needs. See Arizona Laws 36-551
• Lien: A claim against real or personal property in satisfaction of a debt.
• Likely to continue indefinitely: means that the developmental disability has a reasonable likelihood of continuing for a protracted period of time or for life. See Arizona Laws 36-551
• Manifested before the age of eighteen: means that the disability must be apparent and have a substantially limiting effect on a person's functioning before the age of eighteen. See Arizona Laws 36-551
• Mental disorder: means a substantial disorder of the person's emotional processes, thought, cognition or memory. See Arizona Laws 36-501
• Minor: means a person under eighteen years of age. See Arizona Laws 1-215
• Monopole: means a wireless support structure that is not more than forty inches in diameter at the ground level and that has all of the wireless facilities mounted on the pole or contained inside of the pole. See Arizona Laws 9-591
• Occupational significant exposure risk: means a significant exposure risk that occurs in the performance of a health care provider's professional duties or a first responder's official duties. See Arizona Laws 36-661
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: includes a guardian, a legal custodian and a person acting in the place of a parent. See Arizona Laws 36-596.51
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Patient: means any person who is undergoing examination, evaluation or behavioral or mental health treatment under this chapter. See Arizona Laws 36-501
• Permit: means written permission required by an authority to install, mount, maintain, modify, operate or replace a utility pole or monopole, to collocate a small wireless facility on a utility pole or wireless support structure or to collocate wireless facilities on a monopole. See Arizona Laws 9-591
• Person: means an individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including an authority. See Arizona Laws 9-591
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Petty offense: A federal misdemeanor punishable by six months or less in prison. ^{Source: U.S. Courts}
• Physician: means a person who is licensed to practice pursuant to Title 32, Chapter 13 or 17. See Arizona Laws 36-551
• Placement evaluation: means an interview and evaluation of a person with a developmental disability and a review of the person's prior medical and program histories to determine the appropriate developmental disability programs and services for the person and recommendations for specific program placements for the person. See Arizona Laws 36-551
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Private easement: means an easement or other real property right that is only for the benefit of the grantor and grantee and the grantor's or grantee's successors and assigns. See Arizona Laws 9-591
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Productivity: means engagement in income producing work that is measured through improvements in income level, employment status or job advancement or engagement in work that contributes to a household or community. See Arizona Laws 36-596.51
• Property: includes both real and personal property. See Arizona Laws 1-215
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protected person: means a person who takes an HIV-related test or who has been diagnosed as having HIV infection, acquired immune deficiency syndrome, HIV-related illness or another communicable disease. See Arizona Laws 36-661
• Psychologist: means a person who is licensed pursuant to title 32, chapter 19. See Arizona Laws 36-551
• Quorum: The number of legislators that must be present to do business.
• Rate: means a recurring charge. See Arizona Laws 9-591
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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.
• Residential facility: means a community residential setting in which persons with developmental disabilities live and that is licensed, operated, supported or supervised by the department. See Arizona Laws 36-581
• Respite services: means services that provide a short-term or long-term interval of rest or relief to the care provider of a person with a developmental disability. See Arizona Laws 36-551
• Responsible person: means the parent or guardian of a minor with a developmental disability, the guardian of an adult with a developmental disability or an adult with a developmental disability who is a client or an applicant for whom no guardian has been appointed. See Arizona Laws 36-551
• Right-of-way: means the area on, below or above a public roadway, highway, street, sidewalk, alley or utility easement. See Arizona Laws 9-591
• Seriously mentally ill: means persons who as a result of a mental disorder as defined in section 36-501 exhibit emotional or behavioral functioning that is so impaired as to interfere substantially with their capacity to remain in the community without supportive treatment or services of a long-term or indefinite duration. See Arizona Laws 36-550
• Service of process: The service of writs or summonses to the appropriate party.
• Service provider: means a person or agency that provides services to clients pursuant to a contract, service agreement or qualified vendor agreement with the division. See Arizona Laws 36-551
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Significant exposure risk: means contact with another person in a manner that, if the other person has a communicable disease, poses an epidemiologically significant risk of transmission of that disease as determined by the department. See Arizona Laws 36-661
• Small wireless facility: means a wireless facility that meets both of the following qualifications:

  (a) All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume. See Arizona Laws 9-591

• Special taxing district: means a special district formed pursuant to Title 48, Chapter 11, 12, 17, 18, 19, 20 or 22. See Arizona Laws 9-591
• State hospital: means the Arizona state hospital. See Arizona Laws 36-501
• State operated service center: means a state owned or leased facility that is operated by the department and that provides temporary residential care and space for child and adult services that include respite care, crisis intervention and diagnostic evaluation. See Arizona Laws 36-551
• Statute: A law passed by a legislature.
• Subaverage general intellectual functioning: means measured intelligence on standardized psychometric instruments of two or more standard deviations below the mean for the tests used. See Arizona Laws 36-551
• Subpoena: A command to a witness to appear and give testimony.
• Supervision: means the process by which the activities of an individual with developmental disabilities are directed, influenced or monitored. See Arizona Laws 36-551
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Utility pole: means a pole or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals. See Arizona Laws 9-591
• 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
• Wireless infrastructure provider: means any person that is authorized to provide telecommunications service in this state and that builds or installs wireless communications transmission equipment, wireless facilities, utility poles or monopoles but that is not a wireless services provider. See Arizona Laws 9-591
• Wireless provider: means a cable operator, wireless infrastructure provider or wireless services provider. See Arizona Laws 9-591
• Wireless services: means any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. See Arizona Laws 9-591
• Wireless services provider: means a person that provides wireless services. See Arizona Laws 9-591
• Writing: includes printing. See Arizona Laws 1-215