AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TOLLESON, MARICOPA COUNTY, AMENDING THE CITY OF TOLLESON CITY CODE, CHAPTER 9, HEALTH AND SANITATION, BY ADDING NEW ARICLE 9-5,DUST AND AIRBORNE PARTICULATE CONTROL, AND CHAPTER 12, TRAFFIC, ARTICLE 12-2, TRAFFIC CONTROL, BY ADDING NEW SECTION 12-2-17, OPERATION CIF VEHICLES ON VACANT LOTS; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF TOLLESON, MARICOPACOUNTY,ARIZONA as follows: SECTION 1. That the Tolleson City Code, Chapter 9, Health and Sanitation, be amendedby adding new Article 9-5, Dust and Airborne Particulate Control, to read as follows: Article 9-5 DUST AND AIRBORNE PARTICULATE CONTROL 9-5-1 Leaf Blowers 9-5-2 Unpaved Areas 9-5-3 Exceptions 9-5-4 Compliance Monitoring Sec. 9-5-1 Leaf Blowers A. It shall be unladl for any person operating a leaf blower to blow landscape debris or dust into apublic roadway. B. Leaf or air blowers used for landscape maintenance having a 50 cubic centimeter engine or larger shall be prohibited. C. The provisions of Section 9-5-1 do not apply to any site that has a permit issued by a control officer as defined in Arizona Revised Statutes Section 49-471, as amended, forthe control of fugitive dust from dust generating operations. Sec. 9-5-2 Unpaved Areas A. Parking, maneuvering, ingress, and egress areas at developments other than residential buildings with four or fewer units shall be maintained with one or more ofthe following dustproof paving methods: 1. asphaltic concrete,2. cement concrete, 3. penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate, or 4. a stabilization method approved by the City. 

### B. Parking, maneuvering, ingress, and egress areas 3,000 square feet or more in size at residential buildings with four or fewer units shall be maintained with one or more of the following dustproofpaving methods: 1. asphaltic concrete, 2. cement concrete, 3. penetration treatment of bituminous material and seal coat of bituminous binder and amineral aggregate, or 4. a stabilization method approved by the City. Sec. 9-5-3 Exceptions The provisions of Sections 9-5-1 and 9-5-2 do not apply to any site that has a permit issued by a control officer as defined in Arizona Revised Statutes Section 49-471, as amended, for the control offugitive dust from dust generating operations. Sec. 9-5-4 Compliance Monitoring A. The City shall be permitted to enter and inspect property subject to regulations under this chapter as often as may be necessary to determine compliance with this chapter. 1. If a property owner or occupant has security measures in force, which require proper identification and clearance before entry into its premises, the property owner or occupant shall make the necessary arrangements to allow accessto representatives of the City. 2. Any temporary or permanent obstruction to safe and easy access to the property to be inspected shall be promptly removed by the property owner or occupant at the written or oral request of the City and shall not be replaced. Thecosts of suchaccess shall be borne by the property owner or occupant. 

### B. If the City has been refused access to any part of the premises found to be in violation of this chapter, and helshe is able to demonstrate probable cause to believe that there may be a violation of any provision ofthis chapter, or that thereis a need to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare ofthe community, the City may seek issuance of a search warrant from any court of competent jurisdiction. SECTION 

### 2. That the Tolleson City Code, Chapter 12, Traffic, Article 12-2, Traffic Control, be amended by adding new Section 12-2-17, Operation Of Vehicles On Vacant Lots, to read as follows: Sec. 12-2-11 Operation ofVehicles on Vacant Lots A. No person shall operate a vehicle on, or across, or park on any portion of an unpaved or unstabilized vacant lot or area unless the property is dustproofed pursuant to City Code or Zoning Ordinance or the site has been issued a Maricopa County permit for the control of fugitive dust from dust generating operations. 

### B. No person shall operate.any vehicle, including an off-highway vehicle, an allterrain vehicle, or an off-road recreational 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 ru.le or regulation of a federal agency, this state, a county or municipality or by proper posting ifthe land is private land. C. This section does not apply to the operation of vehicles used inthe normal course ofbusiness or the normal course of government operations. 

### D. A person who violates this section is guilty of a class 3 misdemeanor. In addition to or in lieu of a fine pursuant to this section, a judge may order a person to perform at least eight but not more than twenty-four hours of a community restitution course or to complete an approved safety course related to the off-highway operation ofmotor vehicles, or both. SECTION 3. That all ordinances or parts of ordinances in conflict with the provisions ofthis Ordinance are hereby repealed. SECTION 4. That, if any provision or any portion of any provision ofthis Ordinance is for any reason held to be unconstitutional or otherwise unenforceable by a court of competent jurisdiction, such provision or portion thereof shall be deemed separate,distinct and independent of the remaining provisions of this Ordinance and shall be severed therefrom without affecting the validity ofthe remaining portions ofthis Ordinance. SECTION 5. Theprovisions ofthis Ordinance shall take effect 30 days after the date of passage and adoption.

## .h'J PASSED AND ADOPTED by this City Council ofthe City of Tolleson, this/Lday of March, 2008.

ATTEST:

APPROVED AS TO FORM:

7 'ScottRuby, City domeyCITY OFTOLLESON,ARIZONA ORDINANCENO. 410 N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TOLLESON, MARICOPA COUNTY, AMENDING THE TOLLESON CITY CODE BY ADDING SECTION 12-3-10 TO THE CODE AND DECLARING AN EMERGENCY. WHEREAS, the Mayor and City Council of the City of Tolleson deem it appropriate to address a chronic problem of non-resident parking on streets adjacent to the Tolleson Union High School; and WHEREAS, the Mayor and City Council of the City of Tolleson deem it advisable to preserve the appropriate and reasonable use of the public rights-of-way adjacent to Tolleson Schools for the residents living on those rights-of-way; and WHEREAS, the Mayor and City Council deem it advisable to amend the City Code to help to preserve the health, safety and welfare ofboth the students that drive vehicles to Tolleson Schools and the residents living in the schools vicinity; and BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF TOLLESON, MARICOPA COUNTY, ARIZONA as follows: SECTION 1. The 1987 Edition of the Zoning Ordinance of the City of Tolleson, as amended, is hereby amended as follows: A. Chapter 12, Section 12-3-10,ishereby added to the Tolleson City Code A. The Police Chief may designate, subject to City Council approval, a residential area including streets or portions of streets on which parking of motor vehicles may be restricted in whole or in part to motor vehicles owned or operated by residents of the area so designated, where the Police Chief finds that parking in the area is significantly impacted by the parking of motor vehicles owned by nonresidents of the designated area. 

### B. Following City Council approval of a residential parking area, the Police Chief shall direct the erection ofparking signs in the area. The signs shall indicate the time and conditions under which parking shall be "Residential Parking Only." C. It shall be unlawful for any person, other than a resident with a vehicle or trailer registered to that address or proximity, to park any motor vehicle or trailer, upon a street designated as "Residential Parking Only."D. This section exempts service and delivery vehicles parked for the purpose ofproviding a service or delivery in the residential parking permit area. The vehicle must be clearly identified with company name or logo. E. It shall be a defense if a person parking the vehicle is visiting the resident, or has a bona fide service call or delivery to a resident in the area. F. Any person violating this section shall be liable for a civil sanction not to exceed Fifty Dollars ($50.00). 

### G. The registered owner(s) of any vehicle which has been parked in violation of the provisions of this section shall be prima facie responsible for suchviolation and subject to penalty therefore. 

### H. Whenever a vehicle without a driver is found parked in violation of the provisions of this Section, any police officer or employee of the city designated to give such notices as a part of their official duties shall take the vehicle's registration number, and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously attach to the vehicle a notice ofparking violation on a form supplied by the police department. The notice of parking violation shall include the date, time and location ofthe violation, the vehicle registration number, reference to the city code provisions violated, and a warning that failure either to pay the fine indicated on the notice or to appear at the location indicated onthe notice of parking violation and otherwise dispose of the charge within seven (7) calendar days from the date on which the notice was issued may result in a judgment by default being entered against the registered owner of the vehicle, and that the vehicle may thereafter be subject to immobilization by the installation of a wheel clamp and to towing and impoundment pursuant to Article 12-5. The notice of parking violations attached to the vehicle pursuant to this section shall be deemed constructive notice to the registered owner that the vehicle maybeimmobilized and impounded. I. All funds generated from payment of civil sanctions for violations of this section shall be dedicated to defraying the costs of creating and enforcing the "Residential Parking Only" areas created under this section. SECTION 2. As it is necessary for the preservation of peace, health and safety of the City of Tolleson, Arizona, an emergency is declared to exist and this Ordinance shallbe effective and in force from and after the date of adoption.ADOPTED by this



### , 2003. 

## /" 

# (3y;x4-$&k

Chris ~a~en'~ur1' 

### ,Cit Clerk City Council of* City of Tolleson, this , ,

Approved astoForm: 

## M*

# by-----
Scott Ruby, City 

### A

# &* C$ TOLLESON

9555 WEST VAN BUREN TOLLESON. ARIZONA 85353 PHONE: 602-9367111 TAX: 602-936-7117



### December 16, 1998

Lindy Bauer, Environmental Manager Maricopa AssociationofGovernments 302 North la

### Avenue, Suite 300 Phoenix, Arizona 85003 

### RE: Clean-Burning Fireplace Ordinance 

### Dear Lindy: Enclosed isTolleson OrdinanceNo. 376,N.S. adoptedMAG clean-burning fieplace standards. 

### IfWherdocumentation is necessary please call me at 936-71

### 11. , 

### Thank you,

~e~gs Medrano, Jr. Management Assistant

cc: Ralph Velez, City Manager

"ServeTodq. Plan For Tomorrow."

## CITY OF TOLLESON ORDINANCENO. 376, 

## N.S.
AN ORDINANCE OF THE CITY OF TOLLESON, MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 7 OF THE TOLLESON CITY CODE BY ADDING A NEW SECTION 7-9, PROHIBITING THE INSTALLATION OR CONSTRUCTION OF A FIREPLACE OR WOOD STOVE UNLESSIT MEETSTHE STANDARDS SET FORTH HEREIN.
BE IT ORDAINEDBY THE CITY COUNCIL OFTHE CITY OFTOLLESON, MARICOPA COUNTY, ARIZONA AS FOLLOWS: SECTION 1. The 1974 Edition of the Tolleson City Code is hereby amended as follows: Chapter 7 is amendedby adding anew section designatedas Section 7-9, dealing with Clean-Burning Fireplaces and/or Wood Stoves. The new section 7-9 which is attachedto this Ordinance as Exhibit A and by reference incorporated herein. SECTION 2. 

### WHEREAS, the immediate operation of the provisions of this Ordinance is necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, and this Ordinance shallbe in full force and effect from and after its passage by the council, approvalby the Mayor, and publication and posting as required by law.
PASSED AND ADOPTED by the Council of the City of Tolleson this 8th day of December, 1998.

### CITY OF TOLLESON ORD. NO. 

## 376, N.S. PAGE 2 DECEMBER 8,1998

ATTEST: 

# r\

APPROVED AS TO FORM:ORDINANCE NO. 376,N.S. 

### DECEMBER 

### 8,1998 EXHIBITA 

### Section 

### 7-9 Clean-burning fireplaces

A. Definitions: For purposes of this Standard,the following words andterms shallbe defined as 

### follows:

1. FIREPLACE means a built in place masonry hearth and fire chamber or 

### a factory-built appliance, designed to burn solid fbel orto accommodate gas
or electric log insert or similar device, and which is intended for occasional recreational or aesthetic use, not for cooking, heating, or industrial processes. 

### 2. 

### SOLIDF'UEL includesbut isnot limitedto wood, coal, or other nongaseous or non-liquid fbels, including those fbels defined by the Maricopa CountyAir Pollution Control Officer as 

### "inappropriate fbel" to burn inresidential woodturning devices. 

### 3. WOODSTOVE means a solid-&el burning heating appliance including a pellet stove, which iseither 

### freestanding or designedtobe inserted into a fireplace.

B. Installation Restrictions: On or after January 1, 1999,no person, 

### firmor corporation shall construct or install 

### a fireplace or wood stove, andthe Building Official shall not approveorissue a pennit to co.mtructor install 3.ORDINANCENO. 376,N.S. 

### PAGE 2 

### DECEMBER 8,1998 fireplace ora wood stove,unless the fireplace or wood stove complies with one of the following:

1. A 

### fireplace which has 

### a permanently installed gas or electric log insert. 2. A fireplace, wood stove orother solid-fuel burning appliance which has been certified by the United States Environmental Protection Agency as 

### conformingto 40 Code ofFederal Regulations Part 60, Subpart 

### AAA as in effect onJuly 1, 1990. 3. A 

### fireplace,wood stove orother solid-fuelburning appliance which has been tested and listed by a nationally recognized testing agency to meet performance standards equivalent to those adoptedby 40 CodeofFederal Regulations Part 60, Subpart

### AAAas 

### in effect onJuly 1, 1990. 4. A 

### fireplace, wood stove or other solid-fuelburrring appliance whichhas been determinedby the Maricopa County Air 

### Pollution Control Officerto meet performance standards equivalent to those adoptedby 40 Code of Federal Regulations Part 60, SubpartAAA as 

### in effect onJuly 1, 1990, 5. A 

### fireplace which has 

### a permanently installed wood stove insert which complies with subparagraphs2,3,or 

### 4 above.



### C:. TIefollowing installations arenot regulated by this Standard

### and arenot prohibited by this Standard:ORDINANCE

### NO.376,N.S. 

### PAGE 3 

### DECEMBER 8,1998 EXHIBITA



### 1. Furnaces, boilers, incinerators,kilns, and other similar space heating or industrial process equipment. 2. Cook stoves, barbecue grills, and similar appliances designed primarily for cooking. 

### 3. Fire pits, barbecue grills, and other outdoor fireplaces.
Fireplace or Wood Stove Alterations Prohibited:
a. On or afterthe effective date, no person, £irm 

### or corporation shall alter or remove a gas or electric log insert or a wood stove insert froma fireplace for purposes ofconvertingthe fireplaceto directly burn wood or other solid fbel. b. On or after the effective date, no person, 

### firmor corporation shall alter a fireplace, wood stoveor other solid fbel burning appliance 

### in any manner that would void its certificationor operational compliance with the provisions ofthis Standard.
Permits Required: 

### In addition to the provisions andrestrictions of this Standard, construction, installation

### or alteration ofall fireplaces, wood stovesand other

### gas, electric or solid-fuel burrling appliances and equipment shallbe done in compliance with provisions ofthe 

### 1994ORDINANCENO. 376,N.S. 

### PAGE 4 

### DECEMBER 8,1998
UniformBuilding Code (UBC) and shall be subject tothe permits and inspections required by the 1994,UniformBuilding Code (UBC).