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### INMAIL 

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- AGENDA 

### REQUESTED INFORMATION ADVERTISE:

-,



### FROM: Rose Mary AreUano,

### Towm 

### Clerk 9241

### South Avenida 

### delYaqui Guadalupe, 

### Arizona 85283 

### Office: 480-505-5367 

### Fax: 480-505-5368 

### %Mail: rarellano@~uad 

### a3upea.z.

### ory

### ORDINANCENO. 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 FORVIOLATION. 

### BE IT ORDALNED BY THE MAYOR AND TOWN 

### COUNCIL OF 

### THE TOWN OF GUADALUPE,

### ARIZONA, AS 

### FOLLOWS: Chapter 10 

### is hereby amendedby addingArticle 10-6, 

### Air 

### Quality and Fugitive

### Dust, as 

### follows: ALR 

### QUALITYAND 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 

### 10-6-11 

### Section 

### 10-6-12 PURPOSE DEFINITIONS ENPORCEMENT, VIOLATIONS, NOTICES AND 

### PENALTIES VEFXICLE PARKINGAND 

### USE ON 

### VACANT 

### LOTS OPERATION OF VEEIICLESON 

### P~LIC AND 

### 'PRIVATE PROPERTY PARKING, 

### MANEUVERJNG, 

### INGRESSAND 

### EGmSS LEAFBLOWER

### RESTRICTIONS COMPLIANCE MONITORING VIOLATIONS 

### DEEMED A 

### PUBLIC NUISANCE 

### REMEDIES NOT 

### EXCLUSIVE COMPATLBILITY WITH OTHER REGULATIONS SEVElRABTLITYSection 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 declaresthe objectivesof

### 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 conlpliancewith this ordinance; and C. 

### To meet requirements imposed by state 

### and federal law; and 

### D. To limit orprohibit situationsthat couldbe recognized aspublic 

### 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 

### ofthis 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 ArizonaRevised Statutes(Am) 649-541(1). 

### B. "County 

### Dust Control 

### Permit" - means 

### s pennit issued by Maricopa 

### County evidencingthat a dust generating operationhas a satisfactory dust cont~ol plan inplace approvedby 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, fiomportable brazing, soldering, or welding equipment, or fiompiledrivers. 

### 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, soiland rock. 

### E. "Leaf Blower" 

### - means 

### any device that generates a stream 01 air that is designed, or used, to move landscape debris. F. 

### "Off-RoadVehicle"

## -means a self-propelleddevice 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 stationaryrails or tracks and 

### excludingmotorized 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 

### standardincludesparticles with 

### an aerodynamic diameter smaller than 

### or equal to ten (10) 

### microns (micrometers) 

### as measured 

### by the 

### applicable state and 

### federal referencetest 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 ofits departments or agencies, orpolitical 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 ofright, for the purpose 

### ofvehicular 

### 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 stabilizationmeasure approvedby thc 

### Town and 

### Authorized by 

### StateLaw. 

### L. "Vacant Lot" 

## -means any 

### ofthe 

### following: 1. 

### An unsubdivided or undeveloped tract of

### land. 2. A 

### subdivided residential, 

### industrial, institutional,governmental, or commercial lot that containsno 

### approved orpermitted buildings, structures, or uses 

### ofa 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 humanpower or 

### used exclusively

### on stationary rails or tracks. Section 10-6-3 

### Enforcement,Violations, Notices 

### and Penalties 

### A. Res~onsibility forAdministration 1. 

### The Enforcement 

### Officer, acting through 

### and designated by the Town Manager,shall administer, implement and enforcethe provisions of this ordinanceinvolving air quality and fugitive dust. The Enforcement Officermay enforce the provisions of this ordinance when reasonable cause exists to believe that 

### any person 

### has violated or is 

### in violation of any provision ofthis 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 enforcethe Town of 

### GUADALUPErules, regulations, resolutions 

### and ordinances. The "Enforcement Officer" may include more than one person, including a civil hearingofficer acting 

### in compliancewith A.R.S. 49-500.21. B. Violations, Notices 

### and Penalties of GeneralApplicability 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 ordinanceor the Town Code, the Enforcement Officermay impose a civil penalty of 

### $50 for the second violation of 

### this ordinance. Upon a third violation of this ordinance, 

### the Enforcement Officermay 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 

### aperiod ofpublic emergency as declared by the Town, state authorities or federal authorities or if the operation is directed 

### by a peace officer or otherpublic authority. D. Pursuant to A.R.S. $9-500.04(H), thc rcquirements of Sections 10-6-4, 

### 10-6-6and 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 fugitivedust from dust generating operations 

### or 

### a specialparking permit issued by the town. 

### Section 10-6-5 Operation ofVehicles on Public 

### and Private 

### Property A. 

### A person shall not operate 

### any vehicle, including off-roadvehicles, 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 designatethe 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 CentralAvenue, Phoenix, AZ, 85004; 2. 

### Orders of a 

### government landmanagement agency; 3. 

### Most current maps approved by such governmentland mmagemcnt agcncy; and 4. 

### Virtual posting fiom a 

### governmentland 

### management agency. 

### B. A 

### person 

### shallnot operate 

### any vehicle, includingoff-road vehicles, on unpavedprivate 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 

### municipalityor by a

### proper posting, withoutthe 

### consent of the lawful owner. Consent ofthe 

### lawfd owner consists of eitheror

### both 

### ofthe 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 

### CentralAvenue, Phoenix,

### AZ, 85004; 2. 

### Prior written

### permission which 

### containsthe following: (a) the 

### name, address and 

### telephone number 

### of the person granting 

### permission for the 

### use of

### theproperty; @) 

### a description of the 

### interest 

### the person granting pennission 

### has in 

### the property (i.e., propertyowner, 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 ofthe property owner; (d) specific 

### period of time for which permission for the 

### use of the property is being granted; 

### and 

### (e) The signatureofthe 

### person 

### grantingpennission for the use 

### ofthe

### property. 

### C. Whenever 

### any person is 

### stoppedby 

### an Enforcement Officer for 

### a violation 

### of Section10-6-5 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 inviteewho has lawful authority

### may operate such vehicles on the property if suchuse 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 ofbusiness orthe normal course of government operations. 2. This Section 10-6-5shall not applyto 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 readableby 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, ajudge may order the person to perform at least eight (8) but not more 

### than twenty-four (24) hours ofcommunityrestitution or to complete 

### an approved safety course related 

### to the off-highway operation of motor vehicles, orboth. 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 dustproofpavingmethods: 1. Asphaltic concrete; 2. Cenzent concrete; 

### 3. Penetration 

### treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate; 4. A stabilizationmethod approvedby 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 apaving or stabilizationmethod authorizingby 

### the Town

### Code orpermit. C. 

### Section 10-6-7 Leaf 

### Blower Restrictions A. A 

### person shall not operate a leaf 

### blower 

### in 

### a manner 

### that causes landscape 

### debristo be blown into apublic 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, exceptwhile invacuum 

### mode. Section 10-6-8 

### Compliance Monitoring The Town shallnot 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 obstructionto 

### 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 shallnot be replaceduntil 

### 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 

### penaltiesprovided herein, 

### any condition caused or 

### permitted to exist in violation of any 

### of the provisions 

### of this ordinanceis 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 compelthe 

### cessationof such nuisancemay

### be taken. Section 10-6-10 RemediesNot 

### 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 cumulativeremedies. 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 CompatibilityWith Other Regulations This ordinance is not intended to modify or repeal any 

### other ordinance, rule. regulation, or otherprovision of law. 

### Therequirementsofthis 

### ordinance are

### in additionto the 

### requirementsof any other ordinance,rule, regulation, or other provision of law, and where any provision 

### of this ordinance imposes restrictions differentfrom 

### those imposed

### by any other ordinance, rule, regulation or other provision oflaw, whichever provision

### ismore restrictiveor imposes higher protective standardsofhuman health or the environmentshall control. Section 10-6-12 

### Severability The provisions of this ordinance are hereby declared to be severable. 

### If anyprovision, clause, sentence or paragraph of this ordinance or the application thereof to 

### any person, establishment, or circumstances shallbe held invalid, such invalidity shall not affect the other provision or application ofthis 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 TOFORM: 

# 01- Town Attorney w



### CERTIFICATION 

### I, Rose Mary Arellano, Town Clerk, ccrtifythat the foregoingis a true copy of OrdinanceNo.



## , 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, andhas the power to take the actioncalled forby the Ordinance.



# - RO& Mary ~rcAano, Town Clerk