A. A municipality of this state shall not prohibit or unreasonably restrain a private enterprise from delivering recycling or solid waste management services to commercial, industrial or multifamily residential properties within or to the municipality.
B. The municipality shall prescribe rules for the delivery of recycling and solid waste management services for commercial, industrial and multifamily residential properties that promote availability of these services and competition in the delivery of these services.
C. A municipality of this state shall not be mandated to provide recycling and solid waste management services to commercial, industrial and multifamily residential properties.
D. Multifamily residential properties shall provide the applicable municipality with at least a sixty calendar day notice to terminate recycling or solid waste management services.
E. For the purposes of this section:
1. "Dwelling unit" has the same meaning prescribed in section 33-1310.
2. "Multifamily residential properties" means any real property that has one or more structures and that contains five or more dwelling units for rent or lease that are subject to title 33, chapter 10.
Notes of Decisions
Mohave Disposal, Inc. v. City of Kingman, 922 P.2d 308 (Ariz. 1996).
· cites it 2× “See A.R.S. § 49-746(A). Thus, under the operative faets in this record, it can be said that Mohave Disposal was *350 positioned to operate under authority of private law as permitted and condoned by public law.”
Colorado City v. Centennial (Ariz. Ct. App. 2025).
· cites it 10× “Most significantly, A.R.S. § 49-746 provides that for “solid waste management services to commercial, industrial or multifamily residential properties within or to the municipality”—which includes collection services, A.”
— Ariz. Rev. Stat. § 49-746(A) — 2 cases
Mohave Disposal, Inc. v. City of Kingman, 922 P.2d 308 (Ariz. 1996).
“See A.R.S. § 49-746(A). Thus, under the operative faets in this record, it can be said that Mohave Disposal was *350 positioned to operate under authority of private law as permitted and condoned by public law.”
Colorado City v. Centennial (Ariz. Ct. App. 2025).
“Most significantly, A.R.S. § 49-746 provides that for “solid waste management services to commercial, industrial or multifamily residential properties within or to the municipality”—which includes collection services, A.”
Annotations are extracted automatically from the opinions in the
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