### ORDINANCE NO. 1316

AN ORDINANCE OF THE MAYOR 

### AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 10, OFFENSES, BY ADDING 

### NEW SECTION 10-1-30 LEAF BLOWER USE: ADDING 

### NEW SECTION 10-1-31 OFF-HIGHWAY VEHICLES ON UNPAVED SURFACES; 

### AND ADDING 

### NEW SECTION 10-1-32 DUST CONTROL FOR 

### HAUL TRUCKS; AND BY AMENDING APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 9, HEALTH 

### AND SANITATION, ADDING TO SECTION 9-1-3(B) 

## VEHICLESJNEW %SECTIONS

(6), (7), 

### AND (8) RELATING TO DUST CONTROL FOR PARKING, MANEUVERING 

### AND INGREsS/EGRESS AREAS ; 

### REPEALING ANY CONEZICTING PROVISIONS; PROVIDING FOR SEVERABILITY; 

### PROVIDING FOR PENALTIES; 

### AND ESTABLISHING

### AN EFFECTIVE DATE.

WHEREAS, the federal Clean Air Act ("CAA") 

### was established in 1970 to address the nation's problems with air pollutants; and WHEREAS, through the CAA, 

### the Environmental Protection Agency ("EPA") set pollutant standards for the air nationwide; and WHEREAS, there are six criteria pollutants in the National Ambient Air Quality Standards, one of which is particulate matter ("PM-10") ;

### and WHEREAS, on June 6, 2007, the EPA formally found that the Phoenix Planning Area PM-10 nonattainment area had failed to reach attainment of the federal PM-10 health standards; and WHEREAS, in 2007, Arizona Governor Janet Napolitano submitted to EPA 

### 55 measures to reduce PM-10 emissions as part of the State Implementation Plan; and WHEREAS, pursuant to the City of Apache Junction's participation in the Maricopa Association of Government's

("MAG") PM-10 air quality planning efforts, the City agreed to " 

### regulate PM-10 emissions from haul trucks; and WHEREAS, in 2007 the 48* Arizona Legislature enacted Laws 2007, Chapter 292, commonly known as Senate Bill 1552, which imposed certain air quality regulatory mandates on cities, towns 

### ORDINANCENO. 1316 PAGE 1 OF 9and counties; and WHEREAS, some of these statutory measures include a mandate to cities and towns topass and enforce ordinances involving: 1) leaf blower use; 2) off-highway vehicles on unpaved surfaces; and 3) dust-proofing or dust stabilization of parking, maneuvering and ingress and egress 

### areas. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR 

### AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I INGENERAL .Apache Junction City Code, Volume I, Chapter 10, Offenses

is amended by adding 

### new Section 10-1-30 Leaf Blower Use, to read as follows: Section 10-1-30 Leaf Blower Use

a.It 

### isunlawful for any person to operate 

### a leaf blower in such 

### a manner thatblows landscape debris, dirtor other debris into

### a public roadway.
b.No person may operate 

### a leaf blower except on surfaces that have been stabilized with asphaltic concrete, cement concrete, hardscape, penetration treatment of bituminous 

### materialand seal coat of bituminous binder and 

### a mineral aggregate, decomposed granite cover, crushed granite or rock cover, aggregate cover, gravel cover, orgrass or other continuous vegetative cover or any combination of these stabilizers, except asprovided in a permit issued by Pinal orMaricopa County or theArizona Department of Environmental QualityControl.



### c.Violations of this section shallbe punishable by a civil penalty of not 

### less than One Hundred and Fifty Dollars ($150.00)

# . 2.Apache Junction City Code, Volume I, Chapter 10, Offenses, is amended by adding new Section 10-1-31 Off-Hiqhway Vehicles on Unpaved Surfaces, toread as follows:



### ORDINANCE NO. 1316 PAGE 2 OF 

### 9Section 

### 10-1-31 Off-Highway Vehicles on Unpaved Surfaces

a.It

### isunlawful for any person tooperate a motor vehicle, motorcycle, motor scooter, mini-bike, 

### trailbike, dune buggy, jeep, all terrain vehicle, Rhino orother form of transportationpropelledby an internal combustion engine upon the vacant unimproved private property of another unless theproperty hasbeen improved or treatedinsuch a manner as toprevent the 

### release of fugitivedust. It shallbe presumed that

### allvacant unimproved land owned by any political subdivision of the Stateof Arizona or any agency of theUnited States is closed foroperation of any motor vehicle, motorcycle, motor scooter, minibike, trailbike, dune buggy, jeep, all terrain vehicle, Rhino orother form of transportation propelled by an internal combustion engine, except those of theholder of the 

### title totheproperty, any political subdivision of the Stateof Arizona, public service corporations regulated by theArizona Corporation Commission, and the 

### state orthe agency of the United States or of a law enforcement agency of this 

### state or an emergency vehicle, unless designated for such purpose on the officialmaps issuedby the Stateof Arizona or an agency of theUnited States and posted as open tothe public for thispurpose. It shallbe theburden of the Defendant/Respondent inany violation of this section torebut thepresumption.
b.Aperson shallhave a written license issuedby the owner of theproperty or theperson entitledto

### immediate possession thereof or their authorized agent.
c.Aperson who operates a vehicle inthemanner forwhich a license is required shall inunediately display such license toany lawenforcement officer upon request. d.Each license shall: 

### 1)Specify theperiod of 

### timeforwhich permission is granted

# . 2)Set forth thename of the licensee. 3)Be signedby the licensor. 

### 4) State the licensor's interestintheproperty. ORDINANCE NO. 

### 1316 

### PAGE 3 

### OF 9

### 5)If the licensor is not the owner of the property, state the owner' s name. e.The Citymay expend such funds as appropriate topost signage adjacent to such private and public property indicating this ordinance and the criminal trespassing statutes contained inTitle 13, Arizona Revised Statutes, and the minimum fines. 3.Apache Junction City Code, Volume I, Chapter 10. Offenses

- 

### - 

# - is amended by adding Section 10-1-32 Dust Control for Haul Trucks, toread 

### as follows: Section 10-1-32 Dust Control for Haul Trucks

a.It isunlawful todrive a haul truck without a tarp or other suitable cover or closure when traveling on a paved public 

### street hauling bulk material. b. It 

### is unlawful todrive a haul truck on a public 

### street without firstcleaning or covering the interior of the cargo compartment after emptying 

### its contents. c.Violation of this section shallbe punishable 

### as a Class 3misdemeanor with a minimum fine of One Hundred Dollars ($100.00)


## . d.For purposes of this section a "haul truck" 

### is any fully orpartially open-bodied, self-propelled vehicle including any non-motorized attachments, such 

### as, but not limited to, 

### trailers or other conveyances that are connected to orpropelledby the actualmotorizedportion of the vehicle used for transporting

### materials.
e.For purposes of this section "bulk material" is any material including but not limited toearth, rock, silt, sediment, sand, gravel, soil, fill, aggregate less than two (2) inches inlength or diameter, dirt, mud, construction ordemolition debris, trash, cinders, pumice, 

### sawdust, dry concrete, feeds or fertilizers which 

### are capable of producing fugitive dust. f.For purposes of this section "fugitive dustt1is the particulate 

### matternot collectedby a capture system, which 

### isentrained inthe ambient air, and is caused from ORDINANCE NO. 1316 PAGE 

### 4 OF 

### 9

### human and/or natural activities, such as,but not limited to,movement of soil, vehicles, equipment, blasting and wind. For the purpose of this Section, fugitive dust does not include particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment and frompiledrivers. 4.Apache Junction City Code, Volume I, Chapter 9, Health and Sanitation, Section 9-1-3(B)Vehicles, is amended by adding

-- 

### new subsections (6)

## , (7)

## , and (8)

## ,which shall provide as follows:



### 6) For all developments other than residential buildings with four or fewer units, affected surfaces subject to the dustproofing requirement include any areas utilized for parking, maneuvering or ingress and egress of on- or off-road vehicles. Access lanes and working surfaces for vehicles shall qualify as affected surfaces. No later than October 1, 2008, all parking, maneuvering, ingress and egress areas at developments other than residential buildings with four or fewer units must be maintained with one or more of the following permanent dustproof paving methods:



### (a) Paving with asphaltic concrete; (b)Paving with Portland cement based concrete; (c)Surfacing with a penetrating asphalt and a gravel surface known as chip sealing; (d)Surfacing with and uniformly maintaining a two-inch deep layer of rock having a nominal size of onequarter (1/4)inch or larger; (e) Surfacing with a two-inch deep layer of recycled asphalt ; 

### (f) Surfacing with any other dustproof paving treatment method that has been approved by the Development Services Director or his or her designee; or (g) Demonstrating to the satisfaction of the Development Services Director or his or her designee on at least an annual basis, on a form as 

### required by the Development Services Director and pursuant to a testmethod approved by the Development Services Director, that the average
ORDINANCE NO. 13 1

### 6 

### PAGE 

### 5 OF 

### 9

### threshold friction velocity of the native soil surface, corrected for non-erodible elements, is at least 100 centimeters per second. For purposes of administering this subparagraph, the Development Services Director may designate the Air Quality Control Department of Pinal County as an entity authorized to approve such applications. For non-dustproofed surface areas that are utilized intermittently at developments other than residential buildings with four or fewer units, for a period of thirty (30)calendar days or less during the calendar year, for surfaces that are used for parking, maneuvering, ingress and egress on an intermittent, short-term basis, the owner and/or operator may, as an alternative, effect dustproofing by effecting one or more of the followingpursuant to a plan approved in writing by the Development Services Director: i. Installation of a temporary or permanent dustproof surface; ii. Application of a dust suppressant; or iii. Routine watering of traveled surface as a dust suppressant and for the creation of an encrusted dustproof native surface after the activity ends. Undisturbed surfaces at developments other than residential buildings with four or fewer units shall be exempt from the dustproofing requirements of this ordinance, but only if those undisturbed surfaces are fenced or otherwise clearly delineated from affected surfaces by means of a fence or other physical barrier. Delineated long-term storage stalls, where a vehicle, trailer or other item is stored and not normally removed and replaced more than once in a sixty-day period shall also be considered undisturbed surf aces. 

### Any dust-proofing shall be maintained in a manner that prevents visible track-out. 7) 

### For any residential property with four or fewer units, affected surfaces subject to the stabilization
ORDINANCE NO. 1316 

### PAGE 

### 6 OF 9

### requirement include any areas in a front yard utilized for parking, maneuvering or ingress of on- and offroad vehicles. No later than October 

### 1, 2009, all parking, maneuvering, ingress and egress areas that are 3,000 square feet or more in size at residential buildings with four or fewer units must be stabilized with one or more of the following methods:

(a) Paving with asphaltic concrete; (b) Paving with Portland cement based concrete; (c) Surfacingwith a penetrating asphalt and a gravel surface commonly known as chip sealing; (d) Surfacing with and uniformly maintaining a two-inch deep layer of rock having a nominal size of onequarter (1/4)inch or larger; (e) Surfacing with a two-inch deep layer of recycled asphalt; or (f)Surfacing with any other surface treatment that has approved by the Development Services Director or his or her designee. Any stabilization shall be maintained in a manner that prevents visible track-out over ten feet in length. For non-stabilized surface areas that are utilized intermittently at a residential property with four or fewer units, for a period of thirty (30) calendar days or less during the calendar year, for surfaces that are used for parking, maneuvering, ingress and egress on an intermittent, short-termbasis, the owner and/or operator may, as an alternative, effect stabilization by effecting one or more of the following pursuant to a plan approved in writing 

### by the Development Services Director: i. Installation of 

### a temporary or permanent surface stabilization; ii. Application of a dust suppressant; or iii. Routine watering of traveled surface as a dust suppressant and for the creation of an encrusted dustproof native surface after the activity ends. Undisturbed surfaces at a residential property with four or fewer units shall be exempt from the
ORDINANCE NO. 1316 

### PAGE 7 

### OF 9stabilizationrequirements of this ordinance, but only if those undisturbed surfaces 

### are fenced or otherwise clearlydelineated from affected surfacesby means of a fence or otherphysical barrier. Even if not physically delineated, long-term storage 

### stalls where a vehicle, trailer orother 

### item

### is stored and not normally removed and replaced more than once in

### a thirty (30) calendar day period shall alsobe considered undisturbed surfaces. Access lanes to such long-term storage stalls shall similarly qualify as undisturbed surfaces. 8) Vehicle parking shall notbe allowed on unpaved or unstabilized vacant lots. A "vacant lot" means any undeveloped lot. For purposes of this limitation, adjoining commonly owned parcels shallbe deemed a single lot. SECTION I1 REPEALING ANY CONFLICTING ORDINANCES
Allordinances andparts of ordinances inconflictwith the provisions of this ordinance or anypart of the codes adopted herein by reference 

### are hereby repealed. SECTION 111 PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference 

### is for any reason held tobe invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not 

### affect the validity of the remainingportions thereof. SECTION IV PROVIDING FOR PENALTIES
After the City exhausts allof 

### its civil violation procedures as referenced in the adopted regulations, any violation of any provisions adopted herein, shall be punishable as 

### a Class 3 ' Misdemeanor as delineated under A.R.S. 

### 55 13-701 

### et seq. and 13- 801 

### et seq. SECTION V ESTABLISHING AN EFFECTIVE DATE The provisions of this ordinance and public record adopted herein shall take 

### effect on March 31, 2008.

ORDINANCE NO. 1316 

### PAGE 8 OF 

### 9

### PASSED 

### AND ADOPTED 

### BY THE MAYOR 

### AND CITY COUNCIL OF THE CITY 

### OF APACHE JUNCTION, ARIZONA, THIS 19TH 

### DAY OF FEBRUARY I 2008.


### SIGNED 

### AND ATTESTED TO THIS 19TH 

### DAY OF FEBRUARY I 2008. 

# J

# (s~ld.dXX*c-
@#HN S. INSALACO

ATTEST:

- 

### KATHLEEN CONNELLY 

## //

Y 

### City Clerk
APPROVED AS TO FORM: 

# 4 a-aa-os
RICHARD 

### J. STERN City Attorney

ORDINANCE NO. 1316 

### PAGE 9 OF 

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