§ 10-11. Immunity of city.  


Latest version.
  • (a)

    The city shall not be liable for any claim based upon the exercise or performance, or the failure to exercise or perform, a discretionary function or duty on the part of the city or any employee of the city, excepting willful misconduct, gross negligence or bad faith of any such employee, in carrying out the provisions of Arizona Revised Statutes title 26, chapter 2.

    (b)

    The immunities from liability, exemptions from laws, ordinances and rules, all pensions, relief, disability worker's compensation and other benefits which apply to the activity of officers, agents or employees of the city when performing their respective functions within the limits of the city shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this chapter, excepting willful misconduct, gross negligence or bad faith.

    (c)

    Volunteers duly identified for services in a local emergency, a state of emergency, or persons placed into service during a state of war emergency, in carrying out, complying with or attempting to comply with any regulations issued pursuant to Arizona Revised Statutes title 26, chapter 2 or any local ordinance, or performing any of their authorized functions or duties, shall have the same degree of responsibility for their actions and enjoy the same immunity as officers and employees of the state and its political subdivisions performing similar work.

(Code 1972, § 9-109; Ord. No. 4262, §§ 9, 10, 7-6-16)

State law reference

Similar provisions, A.R.S. § 26-314.