Chandler Arizona 

Were Valrtes Make The Differefzce 

May 6,2008 

Diane Arnst 

Planning Section Manager 

ADEQ Air Quality Division 

1 1 10 W. Washington Street 

Phoenix, AZ 985007 

Dear Ms. Arnst: 

Enclosed please find a copy of the City's Ordinance No. 4045 as requested in the 

attached letter dated April 16,2008, from Nancy C. Wrona. 

W. ark Pentz 

City Manager 

Enclosures 

Mailng Addrerr 

Mail Stop 605 

PO Box 4008 

Chandler, Arizona 852444008 

Office of the City Manager 

Telephone (480) 782-2210 

Fa (480) 782-2209 

wwurchandleraz.gov 

Location 

Suite 301 

55 North Arizona Place 

Chandler, Arizona 85225 
Janet Napolitano 

Governor 

April 16,2008 

ARIZONA DEPARTMENT 

OF 

ENVIRONMENTAL QUALITY 

11 10 West Washington Street Phoenix. Arizona 85007 

Mr. Mark Pentz, Manager 

City of Chandler 

5 5 North Arizona Place #3 0 1 

Chandler, AZ 85225-5540 

MANAGER'S 

- OFFICE - 

Stephen A. Owens 

Director 

SUBJECT: Request for Adopted Municipal Ordinances 

Dear Mr. Pentz: 

I am asking for your help in securing information regarding implementation of provisions in 

Senate Bill 1552 (Arizona Laws 2007, Chapter 292) affecting your city, town or county. This 

information is critical for approval of our clean air plan. 

In December 2007, ADEQ submitted to U.S. EPA Region IX a State Implementation Plan 

Revision developed by the Maricopa Association of Governments to achieve 5% reductions fiom 

the emissions baseline of Particulate Matter 10 microns and smaller in size (PMlo) annual& until 

attainment of the PMlo standard is achieved. This plan included commitments to adopt and 

enforce ordinances. The Plan Revision, including Appendices, can be viewed at 

http://www.mag.maricopa.g;ov/detail.cms?item=8072. Collecting and submitting these 

ordinances is necessary for demonstrating to EPA that the emission control programs included in 

this plan'are in effect. That is why we need your help. 

The following provisions of SB1552 required cities and towns in Area A to adopt ordices by 

March 31,2008: 

J Section 1, amending A.R.S. 9-500.04.5 

Ban leaf blower debris in public roadways 

J Section 1, amending A.R.S. 5 9-500.04.6 

Adopt codes requiring dustproof paving or stabilization at parking, 

maneuvering, ingress and egress areas at developments other than 

residential buildings with 4 or fewer units 

J Section 1, amending A.R.S. 5 9-500.04.7 

Adopt codes requiring paving or stabilization of parking, maneuvering, 

ingress and egress areas 3,000 square feet or larger at residential buildings 

with 4 or fewer units 

Northern Regional Office Southern Regional Office 

1801 W. Route 66 Suite 11 7 Flagstaff, AZ 86001 400 West Congress Street Suite 433 Tucson, AZ 85701 

(928) 779-031 3 (520) 628-6733 
Mr. Mark Pentz 

April 16,2008 

Page 2 

J Section 1, amending A.R.S. 5 9-500.04.8 

= Adopt codes restricting vehicle parking and use on unpaved or 

unstabilized lots 

J Section 2, amending A.RS. 5 9-500.27 

Adopt an ordinance banning operation of any vehicle including offhighway vehicles, all-terrain vehicles, and off-road recreational m~tor 

vehicles-from operation on unpaved public or private roads closed by the 

landowner by rule or regulation or by proper posting, excepting vehicles 

used in the normal course of business or government operations [This 

requirement does not preempt pre-existing similar ordinances adopted for 

dust abatement purposes before 313 1/08] 

The following provisions of SB1552 required Counties containing any part of Area A to adopt 

the following ordinances: 

J Section 3, amending A.R.S. 1 1-871 .B 

By October 3 1,2007, include a ban on open burning on High Pollution 

Advisory Days forecasted for PMlo 

J Section 3, amending A.R.S. 5 1 1-871 .D. 

By October 3 1,2007, amend penalty provisions for violations of bans on 

open burning to add a $250 civil penalty for the 4' and subsequent 

violations 

J Section 5, amending A.R.S. 5 1 1-877.A.2. 

By March 3 1,2008, ban leaf blower-debris in public roadways 

J Section 5, amending A.R.S. 5.1 1-877.A.3. 

By March 3 1,2008, ban operation of leaf blowers except on surfaces 

stabilized by listed methods [Exception for sites permitted by a Control 

Officer for dust control under A.R.S. 9 49-47 11 

The following provision of SB1552 required any Maricopa Countv and Pinal Countv to adopt the 

following ordinance: 

J Section 18, amending A.R.S. $49-501 

Ban by ordinance the use of wood burning chimineas, outdoor fire pits, 

and similar outdoor fires on County No Burn days. 
Mr. Mark Penz 

April 16,2008 

Page 3 

The following provisions of SB1552 required Maricopa Countv to adopt the following 

ordinances: 

J Section 16, amending A.R.S. 5 49-474.01.6 

Adopt an ordinance requiring paving or stabilization of parking, maneuvering, ingress 

and egress areas 3,000 square feet or larger at residential buildings with 4 or fewer units 

J Section 16, amending A.R.S. § 49-474.01.7 

Adopt codes restricting vehicle parking and use on unpaved or unstabilized lots 

J Section 16, amending A.R.S. 5 49-474.01.8 

Adopt rule revisions regarding 30-day advance legal notice to owner or owner's agent of 

need to stabilize unpaved disturbed vacant lot surface, including estimated cost to County 

to stabilize; authority to enter lot to stabilize at owner's expense, and related topics. 

Please submit a copy of adopted ordinances and proof of adoption by May 8" to the 

attention of Diane Amst, Planning Section Manager, ADEQ Air Quality Division, 1 110 W. 

Washington Street, Phoenix, AZ 85007. She can be reached at (602) 771-2375. 

It is ADEQ's god to submit a Supplement to the 5% Plan Revision to EPA Region IX by May 

30~ consisting of all of the adopted Ordinances, to fulfill the commitments in the Plan that 

affected political subdivisions would adopt 'these ordinances. Ordinance adoption is only the 

first step; tracking compliance and enforcement will be the next challenge. Thank you for your 

assistance in this matter. 

If you have questions of me or would like to discuss this, please contact me at (602) 771 2308 or 

by e-mail at wrona.nancy @a.zdeq.gov. 

Nancy C. ~iona, Director 

Air Quality Division 
ORDINANCE NO. 4045 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER, 

ARIZONA, AMENDING CHAPTER 1, SUBSECTIONS 1-8.3 AND 1-8.4, 

AMENDING CHAPTER 11 BY ADDING A NEW SECTION 11-9 AND 

AMENDING CHAPTER 30, SECTION 30-2 AND SUBSECTION 30-3.2 OF THE 

CODE OF THE CITY OF CHANDLER TO ADDRESS LEGISLATIVE 

MANDATES RELATING TO FUGITIVE DUST CONTROL AND DECLARING 

AN EMERGENCY. 

WHEREAS, several areas within the State, including Maricopa County, are not in compliance with 

United States Environmental Protection Agency standards for National Ambient Air Quality 

(NAAQS) for particulate matter; 

WHEREAS, compliance with NAAQS for particulate matter is an issue of public health and safety; 

WHEREAS, the State passed and adopted Senate Bill 1552 (SB 1552) in 2007 to prescribe new 

measures for the State and its political subdivisions to control fugitive dust believed to be necessary 

to achieve compliance with NAAQS for particulate matter; 

WHEREAS, under SB 1552, the City of Chandler is required to adopt specified measures to limit 

fugitive dust emissions that impact compliance with NAAQS for particulate matter by no later than 

March 3 1,2008; and 

WHEREAS, the measures to be adopted pursuant to this Ordinance are no broader than necessary to 

comply with the mandates set forth under SB 1552; and 

WHEREAS, the City of Chandler believes that limiting fugitive dust emissions is important to the 

health and safety of its residents and that the control measures set forth in this ordinance satis@ the 

requirements set forth in SB 1552. 

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona, as 

follows: 

Section 1. Subsection 1-8.3 of Section 1-8 of Chapter 1, Code of the City of Chandler, is hereby 

amended to read as follows: 

1-8.3. Except as otherwise provided by law or ordinance, a person convicted of a violation of this 

Code shall be guilty of a Class 1 misdemeanor. A Class 1 misdemeanor is punishable by a fine not 

exceeding two thousand five hundred dollars ($2,500.00), by imprisonment for a term not 

exceeding six (6) months, by probation for a term not exceeding three (3) years, or by any 

combination thereof. A Class 2 misdemeanor is punishable by a fine not exceeding seven hundred 

fifty dollars ($750.00), by imprisonment for a term not exceeding four (4) months, by probation for 

a term not exceeding two (2) years, or by any combination thereof. A Class 3 misdemeanor is 

punishable by a fine not exceeding five hundred dollars ($500.00), by imprisonment for a term not 

exceeding thirty (30) days, by probation for a term not exceeding one (1) year, or by any 

combination thereof. Except as otherwise provided by law or ordinance, with respect to violations 

of this Code that are continuous with respect to time, each day that the violation continues is a 

separate offense. 
Ordinance No. 4045 

Page 2 

Section 2. Subsection 1-8.4 of Section 1-8 of Chapter 1, Code of the City of Chandler, is hereby 

amended to read as follows: 

1-8.4. The sentence to pay a fine, imposed on an enterprise convicted of a Class 1 misdemeanor 

shall be an amount not more than twenty thousand dollars ($20,000.00), on an enterprise convicted 

of a class 2 misdemeanor shall be an amount not more than ten thousand dollars ($10,000.00), and 

on an enterprise convicted of a Class 3 misdemeanor shall be an amount not more than two 

thousand dollars ($2,000.00). 

Section 3. Chapter 11, Code of the City of Chandler, is hereby amended by adding a new 

Section 1 1-9, which section number had been reserved, to read as follows: 

11-9. Motor vehicle use on property that has not been stabilized. 

11-9.1. Vacant lots. The use of any motorized vehicle, including an off-highway vehicle, an allterrain vehicle or an off-road motor vehicle on any vacant lot that has not been stabilized is 

prohibited. Stabilized means ground surfaces treated 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 cover, aggregate cover, gravel cover, 

grass or other continuous vegetative cover, or any combination of these stabilizers. 

11-9.2. Unpaved surfaces. The use of any motorized vehicle, including an off-highway vehicle, an 

all-terrain vehicle or an off-road motor vehicle on an unpaved surface that is not a public or private 

road, street or lawful easement and that is closed by the landowner by rule or regulation of a federal 

agency, the state, Maricopa County or the city, or by proper posting if the land is private land, is 

prohibited. 

11-9.3. No Preemptions. This section does not prohibit or preempt the enforcement of other 

ordinances or code provisions relating to dust abatement or city development standards. 

11-9.4. Exceptions. This section does not apply to the operation of motor vehicles used in the 

normal course of business or in the normal course of government operations. 

11-9.5. Alternative Remedies. In addition to or in lieu of any fine or penalty to be assessed for a 

violation of this section, a judge may order the person in violation of the section to perform at least 

eight (8) but no 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. 

11-9.6. Violation. A person who violates this section is guilty of a CIass 3 misdemeanor. 

Section 4. Section 30-2 of Chapter 30, Code of the City of Chandler, is hereby amended by adding, 

in proper alphabetical order, definitions of "Fugitive Emissions or Fugitive Dust," "Landscape 

Debris," "Leaf Blower" and "Sta6ilizationy' to read as follows: 

Fugitive Emissions or Fugitive Dust. Any particulate matter that becomes airborne, other than 

particulatematter that directly or indirectly passes through a stack, chimney, vent or other 

functionally equivalent opening as a result of human activity. 
Ordinance No. 4045 

Page 3 

Landscape Debris. Material generated or accumulated as a result of, or moved in the course of, 

landscape operations. Landscape debris includes, but is not limited to, grass clippings, leaves, 

branches, vegetative matter, rubbish, soil and rock. 

Leaf Blower. Any device that generates a stream of air that is designed, or used, to move landscape 

debris. 

Stabilization or Stabilized. Treatment of ground surfaces 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 cover, aggregate cover, gravel cover, 

grass or other continuous vegetative cover, or any combination of these stabilizers. 

Section 5. Subsection 30-3.2 of Section 30-3 of Chapter 30, Code of the City of Chandler, is 

hereby amended by adding new paragraphs H and I to read as follows: 

H. Parking or Maneuvering on Unimproved Surfaces. 

1. On or after October 1, 2008, all parking, maneuvering, ingress and egress areas on 

any lot or parcel of land developed for a use other than residential use with four or fewer dwelling 

units shall be maintained with a surface material satisfying the requirements for parking surfaces set 

forth in Section 35-1802(5) of this Code. This subparagraph shall not prevent the enforcement of 

zoning provisions under Chapter 35 of this Code relating to the development, maintenance or 

improvement of parking, maneuvering, ingress and egress areas. 

2. On or after October 1, 2009, all parking, maneuvering, ingress and egress areas that 

are three thousand square feet or more in size on a lot or parcel that is developed for residential use 

with four or fewer dwelling units shall be maintained with a surface material satisfying the 

requirements for parking surfaces set forth in Section 35-1802(5) of this Code. This subparagraph 

shall not prevent the enforcement of zoning provisions under Chapter 35 of this Code relating to the 

development, maintenance or improvement of parking, maneuvering, ingress and egress areas. 

3. No person shall park any motor vehicle on any vacant lot that has not been 

stabilized. In any proceeding alleging a violation of this subparagraph, all persons in whose names 

the motor vehicle is registered shall be jointly and severally prima facie responsible for such 

violation. 

I. Leaf Blowers and Landscape Debris. No person shall cause or permit landscape debris or 

other material to be blown or placed in or on any highway, street, alley, public place or public rightof-way. No person shall operate a leaf blower over surfaces that have not been stabilized. 

Section 6. Pursuant to Subsection 1-8.7 and Section 26-12, Code of the City of Chandler, any 

person violating sections 4 and 5 of this Ordinance amending Chapter 30, Code of the City of 

Chandler, may be punished by imposition of a civil sanction not to exceed five hundred dollars 

($500.00), unless another penalty is specified. Any person who commits a violation of this code 

after previously having been found responsible for committing two (2) or more infractions of this 

code within any thirty-six (36) month period, whether by admission, by payment of the fine, by 

default, or'by judgment after hearing, shall be guilty of a Class 1 criminal misdemeanor punishable 
Ordinance No. 4045 

Page 4 

by a fine not exceeding two thousand five hundred doIIars ($2,500.00), by imprisonment for a term 

not exceeding six (6) months, by probation for a term not exceeding three (3) years, or by any 

combination thereof. Each day a violation continues shall constitute a separate offense. 

Section 7. That because the immediate operation of the provisions of this Ordinance is necessary 

for the preservation of the public peace, health, life and property of the City of Chandler, an 

emergency is hereby declared to exist, to-wit: fugitive dust emissions pose a heaIth and safety risk 

to the citizens of the City of Chandler and the terms of this Ordinance must be quickly adopted to 

satisfy state legislative mandates. This Ordinance shall be in full force and effect from and after the 

passage, adoption and approval by the City Council of the City of Chandler, and it is hereby exempt 

from the referendum provisions of the Constitution and the laws of the State of Arizona. 

PASSED AND ADOPTED by the Mayor and City Council of the City of Chandler, Arizona, this 

1 3th day of March 2008. 

ATTEST: 

CERTIFICATION 

I HEREBY CERTIFY that the above and foregoing Ordinance No. 4045 was duly passed and 

adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the 13" 

day of March 2008, and that a quorum was present thereat. 

7d 

CITY CLERK 

APPROVED AS TO FORM: 

PUBLISHED in the Arizona Republic on March 20 and March 27,2008. 
Ordinance No. 4045 

Page 5 

Status of PM-10 Projects 

March 03,2008 

In accordance with Resolution 409 1, signed on June 28,2007, City staff has moved forward to meet 

the commitments to control PM-10 emissions in the City of Chandler. Below is a summary of 

actions on these committed measures: 

A. Communication and Public Affairs has implemented PM-10 public education efforts 

including the distribution of information to HOAs, development of media releases, council 

commentaries, city newsletter articles, placement of information on the City's Web site and 

on Cable Channel 1 1. 

B. While the City has relatively few off-road areas frequented by off-road vehicles 

Neighborhood Services enforcement of existing rules limits such activity on vacant lots. 

C. The Streets Department utilizes only PM-10 certified street sweepers to sweep City streets. 

Current sweeping schedules conform to commitments made in the resolution. 

D. The City has fenced off the portion of site 7 owned by the City and will add decomposed 

granite to preclude dust. All other downtown City owned lots being used for parking 

already had decomposed granite and nothing further is planned for these parking lots. 

E. Work has commenced on stabilization of 10 miles of alleys and the portion of Ryan Road to 

be paved under this commitment has been completed. 

F. Speed limit signs of 15 miles per hour have been posed on the remaining unpaved roadways 

as committed. 

G. Contracts have been issued for the 12 miles of shoulders to be stabilized for this year. This 

year CIP projects have completed in excess of the 5 miles of curb and gutter committed 

under this resolution. 

H. Vehicle use and parking on vacant lots is currently prohibited by existing ordinance and is 

being enforced by Neighborhood Resources. 

I. The ordinance controlling vehicle trespass on vacant lots are already in force and being 

enforced as part of Neighborhood Resources.