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Arizona Bed Bug Law

Title 36

Public Health and Safety



36-601  Public nuisances dangerous to public health

A. The following conditions are specifically declared public nuisances dangerous to the public health:

7.  The presence of ectoparasites such as BED BUGS , lice, mites and others in any place where sleeping accommodations are offered to the public.


B.  If the director has reasonable cause to believe from information furnished to the director or from investigation made by the director that any
 person is maintaining a nuisance or engaging in any practice contrary to the health laws of this state, the director shall promptly serve on that person by certified mail a cease and desist order requiring the person, on receipt of the order, promptly, to cease and desist from that act.  Within fifteen days after receipt of the order, the person to whom it is directed may request a director to hold a hearing.  The director, as soon as practicable, shall hold a hearing, and if the director determines the order is reasonable and just and that the practice engaged in is contrary to the health laws of this state, the director shall order the person to comply with the cease and desist order.

C. If a person fails or refuses  to comply with the order of the director, or if  a person to whom the order is directed does not request a hearing and
fails or refuses to comply with the cease and desist order served by mail under subsection B, the director may file an action in  the superior court in the country in which a violation occurred, retraining and enjoining the person from engaging in further acts.  The court shall proceed as in other actions for injunctions.

D.  Notwithstanding subsection A, paragraph 19, the emission of mercaptan as a by-product of a pesticide is not a nuisance if  applied according
 to state and federal restrictions.

E.  Notwithstanding subsection A, paragraph 3, a restaurant that uses sawdust on the floors as its dining areas is not in violation of this section
or local health department sanitary rules if the restaurant replaces the sawdust each day with clean sawdust and complies with applicable standard for fire safety.