33-1701. Definitions; exception

A. In this article, unless the context otherwise requires:

1. " Default" means the failure to perform on time any obligation or duty set forth in the rental agreement.

2. " Department" means the Arizona game and fish department in the case of motorized watercraft and the department of transportation in the case of all other vehicles.

3. " Electronic mail" means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks from which a confirmation of receipt is received.

4. " Last known address" means that postal address or electronic address provided by the occupant in the rental agreement or the postal address or electronic address provided by the occupant in a subsequent written notice of a change of address.

5. " Late fee" means a reasonable fee or charge that is assessed by the operator for the failure of the occupant to pay rent when due pursuant to section 33-1703, subsection D.

6. " Leased space" means the storage space or spaces at the self-service storage facility that are rented to an occupant pursuant to a rental agreement.

7. " Net proceeds" means the total proceeds received from the lien sale minus the total amount of the lien.

8. " Occupant" means a person or the person's sublessee, successor or assign that is entitled to the use of the leased space at a self-service storage facility under a rental agreement, to the exclusion of others.

9. " Operator" means the owner, operator, lessor or sublessor of a self-service storage facility, an agent or any other person authorized to manage the facility.

10. " Personal information" has the same meaning prescribed in section 18-551.

11. " Personal property" means movable property that is not affixed to land and includes goods, wares, merchandise, household items and furnishings and vehicles.

12. " Protected property" means personal property for which the sale or disposal is regulated by state or federal law and that is one of the following:

(a) Documents, files or electronic data that contains personal information relating to clients, customers, patients or others in connection with the occupant's business.

(b) Alcoholic beverages.

(c) Pharmaceuticals other than those dispensed by a licensed pharmacy for the occupant's personal use.

(d) Firearms.

13. " Registered owner" means an owner of a vehicle as stated in the official records of the department.

14. " Rental agreement" means any written agreement provided to the occupant that establishes or modifies the terms, conditions or rules concerning the use and occupancy of leased space at a self-service storage facility.

15. " Self-service storage facility" means any real property used for renting or leasing storage spaces in which the occupants themselves customarily store and remove their own personal property on a self-service basis.

16. " Vehicle" means a motor vehicle, a trailer or a semitrailer as defined in section 28-101 and a motorized watercraft as defined in section 5-301.

17. " Verified mail" means any method of mailing that is offered by the United States postal service and that provides evidence of mailing.

B. This article does not apply to a warehouseman unless the warehouseman issues a warehouse receipt, bill of lading or other document of title for the personal property stored.