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) VEHICLESJ NEW %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 

ORDINANCE NO. 1316 

PAGE 1 OF 9 
and counties; and 

WHEREAS, some of these statutory measures include a mandate 

to cities and towns to pass 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 IN GENERAL 

.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 is unlawful for any person to operate a leaf blower in 

such a manner that blows landscape debris, dirt or 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 

material and seal coat of bituminous binder and a mineral 

aggregate, decomposed granite cover, crushed granite or 

rock cover, aggregate cover, gravel cover, or grass or 

other continuous vegetative cover or any combination of 

these stabilizers, except as provided in a permit issued 

by Pinal or Maricopa County or the Arizona Department of 

Environmental Quality Control. 

c. Violations of this section shall be 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, to read as follows: 

ORDINANCE NO. 1316 

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

a. It is unlawful for any person to operate a motor vehicle, 

motorcycle, motor scooter, mini-bike, trail bike, dune 

buggy, jeep, all terrain vehicle, Rhino or other form of 

transportation propelled by an internal combustion engine 

upon the vacant unimproved private property of another 

unless the property has been improved or treated in such 

a manner as to prevent the release of fugitive dust. It 

shall be presumed that all vacant unimproved land owned 

by any political subdivision of the State of Arizona or 

any agency of the United States is closed for operation 

of any motor vehicle, motorcycle, motor scooter, minibike, trail bike, dune buggy, jeep, all terrain vehicle, 

Rhino or other form of transportation propelled by an 

internal combustion engine, except those of the holder of 

the title to the property, any political subdivision of 

the State of Arizona, public service corporations 

regulated by the Arizona Corporation Commission, and the 

state or the 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 official maps 

issued by the State of Arizona or an agency of the United 

States and posted as open to the public for this purpose. 

It shall be the burden of the Defendant/Respondent in any 

violation of this section to rebut the presumption. 

b.A person shall have a written license issued by the owner 

of the property or the person entitled to immediate 

possession thereof or their authorized agent. 

c.A person who operates a vehicle in the manner for which a 

license is required shall inunediately display such 

license to any law enforcement officer upon request. 

d.Each license shall: 

1) Specify the period of time for which permission is 

granted . 

2) Set forth the name of the licensee. 

3) Be signed by the licensor. 

4) State the licensor's interest in the property. 

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5) If the licensor is not the owner of the property, 

state the owner' s name. 

e.The City may expend such funds as appropriate to post 

signage adjacent to such private and public property 

indicating this ordinance and the criminal trespassing 

statutes contained in Title 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, to read as follows: 

Section 10-1-32 Dust Control for Haul Trucks 

a. It is unlawful to drive 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 to drive a haul truck on a public street 

without first cleaning or covering the interior of the 

cargo compartment after emptying its contents. 

c.Violation of this section shall be punishable as a Class 

3 misdemeanor with a minimum fine of One Hundred Dollars 

($100.00) . 

d. For purposes of this section a "haul truck" is any fully 

or partially open-bodied, self-propelled vehicle 

including any non-motorized attachments, such as, but not 

limited to, trailers or other conveyances that are 

connected to or propelled by the actual motorized portion 

of the vehicle used for transporting materials. 

e.For purposes of this section "bulk material" is any 

material including but not limited to earth, rock, silt, 

sediment, sand, gravel, soil, fill, aggregate less than 

two (2) inches in length or diameter, dirt, mud, 

construction or demolition debris, trash, cinders, 

pumice, saw dust, dry concrete, feeds or fertilizers 

which are capable of producing fugitive dust. 

f. For purposes of this section "fugitive dustt1 is the 

particulate matter not collected by a capture system, 

which is entrained in the ambient air, and is caused from 

ORDINANCE NO. 1316 

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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 from piledrivers. 

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 test method approved by the 

Development Services Director, that the average 

ORDINANCE NO. 13 1 6 

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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 following pursuant 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 

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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) Surfacing with 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-term basis, 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. 131 6 

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stabilization 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. Even if not 

physically 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 

thirty (30) calendar day period shall also be 

considered undisturbed surfaces. Access lanes to such 

long-term storage stalls shall similarly qualify as 

undisturbed surfaces. 

8) Vehicle parking shall not be allowed on unpaved or 

unstabilized vacant lots. A "vacant lot" means any 

undeveloped lot. For purposes of this limitation, 

adjoining commonly owned parcels shall be deemed a 

single lot. 

SECTION I1 REPEALING ANY CONFLICTING ORDINANCES 

All ordinances and parts of ordinances in conflict with the 

provisions of this ordinance or any part 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 to be invalid 

or unconstitutional by the decision of any court of competent 

jurisdiction, such decision shall not affect the validity of the 

remaining portions thereof. 

SECTION IV PROVIDING FOR PENALTIES 

After the City exhausts all of 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 

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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 

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