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DATE: L 

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09 

TO: b (‘a,- . AT; 

FAX #: Ao>-771 -'&,366' ' PRONE #: - 

0RJGINA.L IN MAIL FOR YOUR INFORMATION 

SIGN AND RETURN ,, REVIEW AND PROVIDE COMMENTS 

- AGENDA REQUESTED INFORMATION 

ADVERTISE: -, 

FROM: Rose Mary AreUano, Towm Clerk 

9241 South Avenida del Yaqui 

Guadalupe, Arizona 85283 

Office: 480-505-5367 Fax: 480-505-5368 

%Mail: rarellano@~uad a3upea.z. ory 
ORDINANCE NO. 2008-08 

AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF 

GUADALUPE, MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 10, 

HEALTH AND SANITATION BY ADDING ARTICLE 10-6, AIR QUALITY AND 

FUGITIVE DUST, TO THE GUADALUPE TOW CODE; PROVIDING FOR 

SEVEIRABILITV, AND ESTABLISHING PENALTIES FOR VIOLATION. 

BE IT ORDALNED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF 

GUADALUPE, ARIZONA, AS FOLLOWS: 

Chapter 10 is hereby amended by adding Article 10-6, Air Quality and Fugitive Dust, as follows: 

ALR QUALITY AND FUGITIVE DUST 

Section 10-6-1 

Section 10-6-2 

Section 10-6-3 

Section 10-6-4 

Section 10-6-5 

Section 10-6-6 

Section 10-6-7 

Section 10-6-8 

Section 10-6-9 

Section 10-6-10 

Section 10-6-1 1 

Section 10-6-12 

PURPOSE 

DEFINITIONS 

ENPORCEMENT, VIOLATIONS, NOTICES AND 

PENALTIES 

VEFXICLE PARKING AND USE ON VACANT LOTS 

OPERATION OF VEEIICLES ON P~LIC AND 'PRIVATE 

PROPERTY 

PARKING, MANEUVERJNG, INGRESS AND EGmSS 

LEAF BLOWER RESTRICTIONS 

COMPLIANCE MONITORING 

VIOLATIONS DEEMED A PUBLIC NUISANCE 

REMEDIES NOT EXCLUSIVE 

COMPATLBILITY WITH OTHER REGULATIONS 

SEVElRABTLITY 
Section 10-6-1 Purpose 

The purpose of this ordinance is to provide for the health, safety, a. general welf'dre of the 

citizens of the Town of GOADALUPE by improving air quality through the regulation of 

Fugitive Dust and PM-10 particles to the maximum extent practicable as required by federal and 

state law. The Town hereby finds and declares that this ordinance is not a land use law. The 

Town hereby finds and declares the objectives of this ordinance are: 

A. To regulate the contribution of Fugitive Dust and PM-10 from any Town resident, 

developer or visitor; and 

B. To establish legal authority to implement all inspection, surveillance, monitoring, and 

enforcement procedures necessary for conlpliance with this ordinance; and 

C. To meet requirements imposed by state and federal law; and 

D. To limit or prohibit situations that could be recognized as public nuisances; and 

E. To allow for the protection of the public's health and safety, including, transportation or 

traffic conrrol, health and sanitation and pollution control. 

Section 10-6-2 Definitions 

For the purposes of this ordinance, the following shall mean: 

A. "Area A"- means the part of the greater Phoenix metropolitan area where specific 

pollution control programs are in place for ozone, carbon monoxide, and particulate 

matter. As defined in Arizona Revised Statutes (Am) 649-541(1). 

B. "County Dust Control Permit" - means s pennit issued by Maricopa County 

evidencing that a dust generating operation has a satisfactory dust cont~ol plan in place 

approved by the Maricopa County Air Quality Department. 

C. ''Fugitive Dust" - means the particulate matter not collected by a capture system that 

is entrained in the ambient air and is caused fiom human andlor natural activities, such 

as, but not limited to, movement of soil, vehicles, equipment, blasting,. and wind. For 

the purpose of this ordinance, hgitive dust does not include particulate matter emitted 

directly from the exhaust of motor vehicles and other internal combustion engines, 

fiom portable brazing, soldering, or welding equipment, or fiom piledrivers. 

D. "Landscape Debris'' - means debris generated or accumulated as a result of, or 

moved in thc course of, landscape operations. Landscape debris includes, but is not 

limited to, grass clippings, leaves, branches, vegetative matter, rubbish, soil and rock. 

E. "Leaf Blower" - means any device that generates a stream 01 air that is designed, or 

used, to move landscape debris. 

F. "Off-Road Vehicle" - means a self-propelled device and its appurtenances, including, 

but not limited to, off-road or all-terrain equipment, trucks, cars, motorcycles, 
motorbikes, or motor buggies. and excluding devices moved by human power or used 

exclusively on stationary rails or tracks and excluding motorized wheelchairs. 

G. "PM-10" - means the standard adopted by the Environmental Protection Agency that 

focuses on smaller particulates in the air that are likcly responsible for adverse health 

effects because of their ability to reach the lower regions of the respiratory tract. The 

PM-10 standard includes particles with an aerodynamic diameter smaller than or equal 

to ten (10) microns (micrometers) as measured by the applicable state and federal 

reference test methods. 

H. '(Person" - means any individual, organization, public or private corporation or other 

entity recognized by law, company, partnership, firm, association or society of 

persons, the Federal Government and any of its departments or agencies, or the State 

and any of its departments or agencies, or political subdivisions. 

I. ''Public Roadway" -means any street, alley, road, highway or thoroughfare of any 

kind that is used by thc public or that is open to the public as a matter of right, for the 

purpose of vehicular travel. 

J. "Town" -means the Town of GUADALUPE, Arizona. 

K. "UnstabUzed" - means a surface that has not: been paved or stabilized with asphaltic 

concrcte, cement concrete, hardscape, penetration treatment of biturninow material 

and seal coat of bituminous binder and a mineral aggregate, decomposed granite 

cover, crushed granite cover, aggregate cover, gravel cover, or grass or orher 

continuous vegetative cover, or any combination of such paving or stabilizing. Water 

or other stabilization measure approved by thc Town and Authorized by State Law. 

L. "Vacant Lot" - means any of the following: 

1. An unsubdivided or undeveloped tract of land. 

2. A subdivided residential, industrial, institutional, governmental, or commercial lot 

that contains no approved or permitted buildings, structures, or uses of a temporary 

or permanent nature. 

3. A partially developed residential, industrial, institutional, governmental, or 

commercial lot. 

4. For the purpose of this ordinance, a vacant lot is not a public roadway. 

M. uVebicle" - means a self propelled device and its appurtenances, excluding devices 

moved by human power or used exclusively on stationary rails or tracks. 

Section 10-6-3 Enforcement, Violations, Notices and Penalties 

A. Res~onsibility for Administration 

1. The Enforcement Officer, acting through and designated by the Town Manager, 
shall administer, implement and enforce the provisions of this ordinance involving 

air quality and fugitive dust. The Enforcement Officer may enforce the provisions 

of this ordinance when reasonable cause exists to believe that any person has 

violated or is in violation of any provision of this ordinance. 

2. The tcrm 'Tdorcement Officer" means any person., who is either an employee, 

agent or independent contractor, authorized by the Town Manager to administer, 

implement and enforce the provisions of this ordinance and who has authority to 

enforce the Town of GUADALUPE rules, regulations, resolutions and ordinances. 

The "Enforcement Officer" may include more than one person, including a civil 

hearing officer acting in compliance with A.R.S. 49-500.21. 

B. Violations, Notices and Penalties of General Applicability for Ordinance 

1. Unless an alternative process or penalty is expressly indicated within this 

ordinance or the Town Code, when the Enforcement Officer has reasonable cause 

to believe that any person has violated or is in violation of any provision of this 

ordinance, the Enforcement Officer shall issue, for the fust violation of this 

ordinance, a waning notice stating which requirement of the ordinance was 

violated. 

2. Unless an alternative process or penalty is expressly indicated within this 

ordinance or the Town Code, the Enforcement Officer may impose a civil penalty 

of $50 for the second violation of this ordinance. Upon a third violation of this 

ordinance, the Enforcement Officer may impose a civil penalty of $1 00. After the 

fourth and subsequent violations of this ordinance, the Enforcement Officer may 

impose a civil penalty of $250. 

C. This Ordinance shall not apply during a period of public emergency as declared by the 

Town, state authorities or federal authorities or if the operation is directed by a peace 

officer or other public authority. 

D. Pursuant to A.R.S. $9-500.04(H), thc rcquirements of Sections 10-6-4, 10-6-6 and 10- 

6-7 of this ordinance do not apply to any site that has a permit issued by a control 

officer as defined in A-RS. 649-471 for the control of fugitive dust fkom dust 

generating operations. 

Section 10-6-4 Vehicle Parking and Use on Vacant Lots 

A person shall not park or use a vehicle on an unstabilized vacant lot within the Town. This 

section does not apply to sites that have been issued a County Dust Control Permit for the 

control of fugitive dust from dust generating operations or a special parking permit issued by 

the town. 

Section 10-6-5 Operation of Vehicles on Public and Private Property 

A. A person shall not operate any vehicle, including off-road vehicles, on unpaved public 

property that is not a public roadway or lawful easement, without lawfil authority. 
Lawful authority shall consist of rules, regulations, or orders of a federal agency, hs 

state, s county or municipality. which shall be made available to the public by any one 

of the following methods: 

1. A sign to designate the property is/as opcn. Such sign shall be in compliance with 

the standard travel management sign protocol used by Southwest Land 

Management Agencies and shall at a minimum be conspicuously placed at all 

points of vehicular access and contain the following information: "Travel Must 

Remain On Designated Routes." Copies of the standard travel management sign 

protocol are available for review at the Maricopa County Air Quality Department, 

1001 North Central Avenue, Phoenix, AZ, 85004; 

2. Orders of a government land management agency; 

3. Most current maps approved by such government land mmagemcnt agcncy; and 

4. Virtual posting fiom a government land management agency. 

B. A person shall not operate any vehicle, including off-road vehicles, on unpaved private 

property that is not a private road, street or lawful easement and that is closed by the 

landowner by de or regulation of a fedcral agency, this state, a county or a 

municipality or by a proper posting, without the consent of the lawful owner. Consent 

of the lawfd owner consists of either or both of the following: 

1. A sign to designate the property isfas open. Such sign shall be in compliance with 

the standard travel management sign protocol used by Southwest Land 

Management Agencies and shall at a minimum be conspicuously placed at all 

points of vehicular access and contain the following information: "Travel Must 

Remain On Designated Routes." Copies of the standard travel management sign 

protocol are available for review at the Maricopa County Air Quality Department, 

1001 North Central Avenue, Phoenix, AZ, 85004; 

2. Prior written permission which contains the following: 

(a) the name, address and telephone number of the person granting permission 

for the use of the property; 

@) a description of the interest the person granting pennission has in the 

property (i.e., property owner, lessee or agent); 

(c) if the person granting permission is not the owner of the property, the 

written pennission shall also contain the name, address and telephone 

number of the property owner; 

(d) specific period of time for which permission for the use of the property is 

being granted; and 

(e) The signature of the person granting pennission for the use of the property. 

C. Whenever any person is stopped by an Enforcement Officer for a violation of Section 
10-6-5 of this ordinance, he/she shall, upon the request of the Enforcement Officer 

identify or present the lawhl authority or consent of the lawful owner required in this 

section 

D. The property owner, person entitled to iinmediatc possession of the property, or 

invitee who has lawful authority may operate such vehicles on the property if such use 

docs not violate any other applicable laws. 

E. Exemptions: 

1. This Sectioil 10-6-5 shall not apply to the operation of vehicles used in the normal 

course of business or the normal course of government operations. 

2. This Section 10-6-5 shall not apply to operations directed by utilities Ior operation, 

distribution and transmission systems provided that both of the following 

conditions are satisfied: (a) operations are performed with a marked company 

vehiclc; and (b) if operations are performed with a personal vehicle, then 

identification of the company shall be visible and readable by the public. 

F. As mandated by A.R.S. 59-500.27, a person who violates this section 10-6-5 of the 

ordinance is guilty of a class 3 misdemeanor. 

G. As mandated by A.R.S. 89-500.27, if a person is deemed to have violated this section 

10-6-5, in addition to or in lieu of a fine, a judge may order the person to perform at 

least eight (8) but not more than twenty-four (24) hours of community restitution or to 

complete an approved safety course related to the off-highway operation of motor 

vehicles, or both. 

Section 10-6-6 Parking, Maneuvering, Ingress and Egress 

A. Other than Residential. All persons who are owners, tenants or operators shall 

maintain parking, maneuvering, ingress and egress areas at developments other than 

residential buildings with four (4) or fewer units with one or more of the following 

dustproof paving methods: 

1. Asphaltic concrete; 

2. Cenzent concrete; 

3. Penetration treatment of bituminous material and seal coat of bituminous binder 

and a mineral aggregate; 

4. A stabilization method approved by the Town. 

B. Residential. AU persons who are owners, tenants or operators that have parking 

maneuvering ingress or egress areas that are three thousand (3,000) square feet or 

more in size at residential buildings with four (4) or fewer units shall maintain said 
parking or ingress or egress areas with a paving or stabilization method authorizing by 

the Town Code or permit. 

C. Section 10-6-7 Leaf Blower Restrictions 

A. A person shall not operate a leaf blower in a manner that causes landscape debris to be 

blown into a public roadway, 

B. No person who is an employee or contractor of the Town shall operate a leaf blower 

on any high pollution advisory day forecast by the department of environmental 

quality, except while in vacuum mode. 

Section 10-6-8 Compliance Monitoring 

The Town shall not be replaced until the inspection is completed. 

If a property owner has security measures in force, wbich require proper identification and 

clearance before entry into its premises, the property owner shall make the necessary 

arrangements to allow access to representatives of the Town, including the Enforcement 

Officer. 

A. Any temporary or permanent obstruction to safe and easy access to the property to be 

inspected shall be promptly removed by the property owner at the written or oral 

request of the Town, including the Enforcement Officer, and shall not be replaced until 

the inspection is completed. The costs of such access shall be borne by the property 

owner. 

Section 10-6-9 Violations Deemed A Public Nuisance 

In addition to the enforcement process and penalties provided herein, any condition caused or 

permitted to exist in violation of any of the provisions of this ordinance is a threat to public 

health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily 

abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise 

compel the cessation of such nuisance may be taken. 

Section 10-6-10 Remedies Not Exclusive 

The remedies listed in this ordinance are not exclusive of any other remedies available under 

any applicable federal. state or local law and it is within the discretion of the Town to seek 

cumulative remedies. 

The Town may recover all attorneys' fccs, court costs and other expenses associated with 

enforcement of this ordinance, including monitoring expenses. 

Section 10-6-11 Compatibility With Other Regulations 

This ordinance is not intended to modify or repeal any other ordinance, rule. regulation, or 

other provision of law. The requirements of this ordinance are in addition to the requirements 
of any other ordinance, rule, regulation, or other provision of law, and where any provision of 

this ordinance imposes restrictions different from those imposed by any other ordinance, rule, 

regulation or other provision of law, whichever provision is more restrictive or imposes higher 

protective standards of human health or the environment shall control. 

Section 10-6-12 Severability 

The provisions of this ordinance are hereby declared to be severable. If any provision, clause, 

sentence or paragraph of this ordinance or the application thereof to any person, 

establishment, or circumstances shall be held invalid, such invalidity shall not affect the other 

provision or application of this ordinance. 

PASSED AND ADOPTED by the Mayor and Council of the Town of GUADALUPE, 

Arizona, this& day of Qppi \ ,2008. 

ATTEST: 

A 

Rose ~ary&ellano, Town Clerk 

APPROVED AS TO FORM: 

01- 

Town Attorney w 

CERTIFICATION 

I, Rose Mary Arellano, Town Clerk, ccrtify that the foregoing is a true copy of Ordinance No. 

, duly passed and adopted by affirmative vote of the Town Council of 

GWADALUPE at a meeting held on the 2, day of A. ; , 2008. Passage of this 

Ordinance appears in the minutes of the meeting. The Ordinance has not been rescinded or 

modified and is now in effect. I further certify that the municipal corporation is duly 

organized and existing, and has the power to take the action called for by the Ordinance. 

- 

RO& Mary ~rcAano, Town Clerk