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, 

MARICOPA COUNTY, ARIZONA as follows: 

SECTION 1. That the Tolleson City Code, Chapter 9, Health and Sanitation, be 

amended by 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 a public 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, for the 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 of the 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 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. 

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 of fugitive 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 access to 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. The costs of such access 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 of this chapter, or that there 
is a need to verify compliance with this chapter or any order issued hereunder, or 

to protect the overall public health, safety, and welfare of the 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. 12-2-1 1 Operation of Vehicles 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 if the land is private land. 

C. This section does not apply to the operation of vehicles used in the normal course 

of business 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 of motor vehicles, or both. 

SECTION 3. That all ordinances or parts of ordinances in conflict with the provisions 

of this Ordinance are hereby repealed. 

SECTION 4. That, if any provision or any portion of any provision of this 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 of the remaining portions of this Ordinance. 

SECTION 5. The provisions of this Ordinance shall take effect 30 days after the date of 

passage and adoption. 
.h'J 

PASSED AND ADOPTED by this City Council of the City of Tolleson, this/L day of 

March, 2008. 

ATTEST: 

APPROVED AS TO FORM: 

7 

'Scott Ruby, City domey 
CITY OF TOLLESON, ARIZONA 

ORDINANCE NO. 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 of both 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, is hereby 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 of parking 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 of providing 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 such violation 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 of parking violation on a form 

supplied by the police department. The notice of parking violation shall 

include the date, time and location of the 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 on the 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 may be immobilized 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 

shall be 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 as to Form: 

Scott Ruby, 

M* 

City 

by----- 

A 
&* C$ TOLLESON 

9555 WEST VAN BUREN TOLLESON. ARIZONA 85353 PHONE: 602-93671 11 TAX: 602-936-71 17 

December 16, 1998 

Lindy Bauer, Environmental Manager 

Maricopa Association of Governments 

302 North la Avenue, Suite 300 

Phoenix, Arizona 85003 

RE: Clean-Burning Fireplace Ordinance 

Dear Lindy: 

Enclosed is Tolleson Ordinance No. 376, N.S. adopted MAG clean-burning fieplace 

standards. If Wher documentation is necessary please call me at 936-7 1 1 1. , 

Thank you, 

~e~gs Medrano, Jr. 

Management Assistant 

cc: Ralph Velez, City Manager 

"Serve Todq. Plan For Tomorrow. " 
CITY OF TOLLESON 

ORDINANCE NO. 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 

UNLESS IT MEETS THE STANDARDS SET FORTH HEREIN. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TOLLESON, 

MARICOPA COUNTY, ARIZONA AS FOLLOWS: 

SECTION 1. The 1974 Edition of the Tolleson City Code is hereby amended as 

follows: 

Chapter 7 is amended by adding a new section designated as Section 

7-9, dealing with Clean-Burning Fireplaces and/or Wood Stoves. 

The new section 7-9 which is attached to 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 shall be in full force and effect from and after its 

passage by the council, approval by 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 

EXHIBIT A 

Section 7-9 Clean-burning fireplaces 

A. Definitions: For purposes of this Standard, the following words and terms 

shall be 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 or to 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. SOLID F'UEL includes but is not limited to wood, coal, or other 

nongaseous or non-liquid fbels, including those fbels defined by the 

Maricopa County Air Pollution Control Officer as "inappropriate fbel" to 

burn in residential woodturning devices. 

3. WOODSTOVE means a solid-&el burning heating appliance including a 

pellet stove, which is either freestanding or designed to be inserted into a 

fireplace. 

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

corporation shall construct or install a fireplace or wood stove, and the 

Building Official shall not approve or issue a pennit to co.mtruct or install 3. 
ORDINANCE NO. 376, N.S. 

PAGE 2 

DECEMBER 8,1998 

fireplace or a 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 or other solid-fuel burning appliance which has 

been certified by the United States Environmental Protection Agency as 

conforming to 40 Code of Federal Regulations Part 60, Subpart AAA as in 

effect on July 1, 1990. 

3. A fireplace, wood stove or other solid-fuel burning appliance which has 

been tested and listed by a nationally recognized testing agency to meet 

performance standards equivalent to those adopted by 40 Code of Federal 

Regulations Part 60, Subpart AAA as in effect on July 1, 1990. 

4. A fireplace, wood stove or other solid-fuel burrring appliance which has 

been determined by the Maricopa County Air Pollution Control Officer to 

meet performance standards equivalent to those adopted by 40 Code of 

Federal Regulations Part 60, Subpart AAA as in effect on July 1, 1990, 

5. A fireplace which has a permanently installed wood stove insert which 

complies with subparagraphs 2,3, or 4 above. 

C:. TIe following installations are not regulated by this Standard and are not 

prohibited by this Standard: 
ORDINANCE NO. 376, N.S. 

PAGE 3 

DECEMBER 8,1998 

EXHIBIT A 

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 after the effective date, no person, £irm or corporation shall alter or 

remove a gas or electric log insert or a wood stove insert from a fireplace 

for purposes of converting the fireplace to directly burn wood or other 

solid fbel. 

b. On or after the effective date, no person, firm or corporation shall alter a 

fireplace, wood stove or other solid fbel burning appliance in any manner 

that would void its certification or operational compliance with the 

provisions of this Standard. 

Permits Required: 

In addition to the provisions and restrictions of this Standard, construction, installation or 

alteration of all fireplaces, wood stoves and other gas, electric or solid-fuel burrling 

appliances and equipment shall be done in compliance with provisions of the 1994 
ORDINANCE NO. 376, N.S. 

PAGE 4 

DECEMBER 8,1998 

Uniform Building Code (UBC) and shall be subject to the permits and inspections 

required by the 1994 ,Uniform Building Code (UBC).