Ongoing Projects:

Federal Project(s)

Operating in the

State:

The University of Arizona’s Gardenroots Citizen Science Project, which is partially supported by the National Institute of Environmental Health Sciences (“NIEHS”) Superfund Research Program, trains historically underrepresented populations residing in environmentally compromised areas of Arizona, both urban and rural, on how to monitor the quality of their harvested rainwater, garden soil, and home garden crops. About, Gardenroots, https://gardenroots.arizona.edu/about (last visited Feb. 7, 2019). 

State Project(s):

The Arizona Department of Environmental Quality (“ADEQ”) established Arizona Water Watch (“AZWW”), a citizen science water quality monitoring program, to enhance statewide surface water protection efforts by offering Arizonan residents and visitors ages 10 through retirement the opportunity to help ADEQ monitor the health of the state’s waters and inform policies. See Citizen Science Water Monitoring – AZWW, Ariz. Dep’t of Envtl. Quality, http://www.azdeq.gov/CitizenScience (last visited Feb. 7, 2019); Meghan Smart, ADEQ, Ariz.Water Watch Citizen Science Handbook (Apr. 2017), http://static.azdeq.gov/wqd/azww/azww_handbook.pdf.

The Arizona Game & Fish Department is hosting the Bat and Hummingbird Feeder Study where volunteers monitor their feeders to determine the presence of lesser long-nosed bats. See Bat and Hummingbird Feeder Study, Ariz. Game & Fish Dep’t, https://www.azgfd.com/wildlife/backyard-bats/ (last visited Feb. 7, 2019).

Collection of Information:

Scientific Collection Permit:

A scientific collection permit is required by the Arizona Game & Fish Department to research both protected native plants, Ariz. Admin. Code R3-3-1105, and live wildlife, id. R12-4-418.

Other Provisions:

See infra “Drone Laws.”

Trespass Laws:

Criminal Liability for Trespass Despite Lack of Notice:

No.  Liability for trespass requires “reasonable notice prohibiting entry.”  Ariz. Rev. Stat. § 13-1502(A)(1) (Criminal trespass in the third degree).

Trespass on State Lands:

“A person is guilty of a class 2 misdemeanor who:

1. Knowingly commits a trespass upon state lands, either by cutting down or destroying timber or wood standing or growing thereon, by carrying away timber or wood therefrom, by mowing, cutting, or removing hay or grass thereon or therefrom, ….

2. Knowingly extracts or removes oil, gas, coal, mineral, earth, rock, fertilizer or fossils of any kind or description therefrom….

4. With criminal negligence exposes growing trees, shrubs or undergrowth standing on state lands to danger or destruction by fire.” 

Ariz. Rev. Stat. § 37-501.

A person found guilty under this section may also be found liable in a civil action arising from the same cause. See id. § 37-502(A).

Other Provisions:

See infra “Critical Infrastructure Laws.”

Drone Laws:

Law:

“A person who operates an aircraft [includes a model aircraft and civil unmanned aircraft] in the air, on the ground or on the water in a careless or reckless manner that endangers the life or property of another is guilty of a class 1 misdemeanor.” Ariz. Rev. Stat. § 28-8280(A).

Interference with Emergency Personnel: 

“It is unlawful for a person to operate a model aircraft or a civil unmanned aircraft if the operation… [i]nterferes with a law enforcement, firefighter or emergency services operation.” Ariz. Rev. Stat. § 13-3729(A).

A violation of this subsection is a class 1 misdemeanor. Id. § 13-3729(E).

Preemption:

Arizona law prohibits a city, town or county from enacting certain ordinances, policies or rules regulating the use of unmanned aircraft.  See Ariz. Rev. Stat. § 13-3729(C).

Harassment of Wildlife:

“[I]t is unlawful to harass, molest, chase, rally, concentrate, herd, intercept, torment, or drive wildlife with or from any aircraft [defined as “any contrivance used for flight in the air or any lighter-than-air contrivance,” Ariz. Admin. Code R12-4-301], or with or from any motorized terrestrial or aquatic vehicle.” Ariz. Admin. Code R12-4-320(A).

Arizona State Parks and Trails Policy:

All recreational drone use is prohibited in Arizona state parks. See Can I use a drone/plane (quadcopter, UAV) in a State Park?, Frequently Asked Questions (FAQs) About Arizona State Parks & Trails, Ariz. State Parks & Trails, https://azstateparks.com/frequently-asked-questions-faq-about-arizona-state-parks-trails#q17 (last visited Feb. 7, 2019).

Other Provisions:

See infra “Critical Infrastructure Laws.”

Critical Infrastructure Laws:

Trespass on Critical Public Service Facility:

Trespass against a “critical public service facility” is a class 5 felony. Ariz. Rev. Stat. § 13-1504(A)(6) & (B) (Criminal trespass in the first degree). 

A critical public service facility is  “[a] structure or fenced yard that is posted with signage indicating it is a felony to trespass or signage indicating high voltage or high pressure . . . and that generates, transmits, or otherwise provides natural gas, liquefied petroleum gas, electricity, or a combustible substance[;]” or “is used to manufacture extract, transport, distribute, or store gas, including natural gas or liquefied petroleum gas, oil, electricity, water or hazardous materials, unless it is a retail-only facility.”  Id. § 13-1501(1)(a)–(b).

Drone Use Near Critical Facility:

“It is unlawful for a person to operate or use an unmanned aircraft or unmanned aircraft system to intentionally photograph or loiter over or near a critical facility in the furtherance of any criminal offense.”  Ariz. Rev. Stat. § 13-3729(B).

“Critical facility” includes, but is not limited to: a petroleum or alumina refinery; a petroleum, chemical or rubber production, transportation, storage or processing facility; a chemical manufacturing facility; a water or wastewater treatment facility and water development, distribution or conveyance system, including a dam; an electric generation facility, . . . and any associated substation or switchyard; an electrical transmission or distribution substation; an electrical transmission line of at least sixty-nine thousand volts; an electronic communication station or tower; an energy control center; a distribution operating center; a facility that transfers or distributes natural gas, including a compressor station, regulator station, city gate station or pressure limiting station or a liquefied natural gas facility or supplier tap facility; any railroad infrastructure or facility.  Id. § 13-3729(F)(3).

A violation of this subsection is a class 6 felony. Id. § 13-3729(E).

Stalking Laws:

Criminal laws:

“A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct causes the victim to:

1.  Suffer emotional distress or reasonably fear that either… [t]he victim’s property will be damaged or destroyed… [or the victim, victim’s family member, a regular resident, lover, domestic animal or livestock will be physically injured].

2. Reasonably fear death or the death of [the victim’s family member, a regular resident, lover, domestic animal or livestock].” Ariz. Rev. Stat. § 13-2923(A).

Use of Information:

Although incomplete, our research has not found any provisions relating to the use of information collected by citizens in enforcement or administrative/legislative actions.

Evidentiary Standards:

Pleading a Claim:

Requires certification that “the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.”  Ariz. R. Civ. P. 11(b)(3).

Authentication or Chain of Custody:

“To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.”  Ariz. R. Evid. 901(a).

Expert Testimony:

Arizona Rule of Evidence 702 and Daubert standard.  See State v. Bernstein, 349 P.3d 200, 202 (Ariz. 2015); State v. Salazar-Mercado, 325 P.3d 996, 999 (Ariz. 2014).