### Great

### People,QuuIitySemennce! Environmental Programs



### May 13,2008

Dianne Amst Arizona Department of Environmental Quality Planning Section Manager, Air Quality Division 1110W. Washington Street Phoenix, 

### AZ 85007 Dear Ms. Amst, The Mesa City Council adopted Resolution #4820 on April 7,2008. This resolution includes: Banning leaf blower debris in public roadways [8-2-4 (Q)], Requiring dust proof paving or stabilization ofparking, maneuvering, ingress, and egress areas at developments other than residential buildings with 4 or fewer units [8-2-4 (E)] Requiring dust proof paving or stabilization of parking, maneuvering, ingress, and egress areas at developments greater then 3000 square feet at residential developments with 4 or fewer units [8-2-4 (F)], Restricting vehicle parking and use on unpaved orunstabilized lots [8-2-4(D)] and, Banning the operation of motor vehicles on unpaved roads closed by the landowner (6-20-2). 

## I have attached copies of ordinance #4820 and the City ofMesa's particulate pollution ordinance. Please contact me at 480-644-4366 if you have any questions. Sincerely, 

# y&m&.L4

Scott Bouchie Environmental Programs Administrator

Cc: Lindy Bauer, Maricopa Association of Governments 730NorthMesa Drive 

### PO.Box 

### 1466 Mesa Arizona 

### 85211-1466 480.644.3599 Tel 

### 480.644.4774Fax 

# 60

## AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OFMESA, ARIZONA, RELATINGTONEW DUST MITIGATION REGULATIONS AMENDING SECTIONTITLE 8, HEALTH, SANITATION,

## AND ENVIRONMENT, CHAPTER 2, ENVIRONMENTAL PROTECTION, ARTICLE 1,

## PARTICULATEPOLLUTION SOURCES, SECTION 8-2-2, DEFINITIONS,BY ADDING DEFINITIONS FOR THE TERMS "LANDSCAPE DEBRISy7 AND "PUBLIC STREET"; AMENDING SECTION 8-2-4, COMPLIANCELIMITS, BY AMENDING SUBSECTION E

## AM3 ADDING NEW SUBSECTION 

## FREGARDING OPERATIONOFA MOTOR VEHICLE ON UNPAVED SURFACES;AMENDING SECTION 8-2-4, CORIPLLANCELIMITS, BY 

## ADDING NEW 

## SUBSECTIONQ, 

## PROHIBITING THE BLOWING OFLANDSCAPE DEBRISINTO 

## ANY PUBLIC ROADWAY; AMENDING SECTION 8-2-15, CIVIL PENALTIES, BY ALLOWING FOR EXCEPTIONS TOTHIS SECTION;AMENDING TITLE 

## 1,ADMINISTRATIVE, CHAPTER 26, GENERAL PENALTY, SECTION 1-26-2, GENERAL PENALTY, BY PROVIDING FORTHE IMPOSITION OF CLASS2 

## AND CLASS 3

## MISDEMEANORS

## AND ASSOCIATED FINES AND 

## JAIL TERMS, AND THEIMPOSITION OF FINES

## AND PROBATION FOR ENTERPRISES CONVICTED OF MISDEMEANORS; ADDING NEW 

## CHAPTER 20 TOTITLE 6, POLICE REGULATIONS, ENTITLED OPERATING AMOTORVEHICLE ON UNPAVED SURFACE,MAKING 

## ITUNLAWFUL TO OPERATEA 

## MOTOR VEHICLE ON UNPAVED SURFACE; DECLARING A PUBLIC RECORD; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;AND PROVIDING FOR DEALYEDEFFECTIVE DATES.

WHE.REAS,' in 2007 the Arizona Legislature adopted Chapter 292 (Senate Bill 1552), entitled Air Quality which imposes 

## a requirement on certain cities and towns to adopt, no later than 

### March 31, 

### 2008, with 

## an effective date of no later than October 

## 1, 2008, ordinances that require that parking, maneuvering, ingress and egress areas at developments other than 

### residential buildings with four 

### or fewer units are maintained 

## with: (a) 

### Asphaltic (b) 

### Cement concrete; (c) Penetration treatment ofbituminous material and 

### seal coat of bituminousbinder and a 

### mineral aggregate or (d) A stabilization method approved by the city ortown; and WHEREAS, Chapter 292requiresthe imposition of a class 

## 3penalty withthe opportunity for specifk communityservice for violation ofthese new dust control measures; and

### WHEREAS, the general penalty provision ofthe Mesa City Code doesnot currently provide for the imposition of a class 3

### misdemeanor or other classes of misdemeanors; NOW, BE IT ORDAINED BY THE CITY COUNCIL OF 

## THE CITY OF MESA, AS FOLLOWS: SECTION 

### 1: Adoption ofpublic record. A. That certaindocumentknown as the "2008 

## AIR QUALITY AMENDMENTS TO THE MESA CITY CODE, TITLE 8,HEALTH, SANITATION,AND 

### ENVIRONMENT, CHAPTER 2, 

### ENVIRONMENTAL PROTECTION, ARTICLE 1,

### PARTICULATE POLLUTION SOURCES,DATED MARCH, 2008," three copiesof which shall remain on file in 

### the office ofthe City Clerk, 

### ishereby declared to be 

### apublic record. B. That the City Code of the City of Mesa, Arizona, shallbe amended by adopting byreference that public record entitled the "2008 AIR QUALITY AMENDMENTSTO THEMESA ClTY CODE, TITLE 8, HEALTH, SANITATION,

## AND ENVIRONMENT, CHAPTER2,ENVIRONMENTALPROTECTION;ARTICLE 1, 

### PARTICULATE POLLUTION SOURCES, DATED MARCH, 2008" showingrepealed language as strikeouts and new language as bold, underlined and capitalized, which document is hereby adopted and incorporated byreference. 

### In summary, this public record changes the codeby: 

### 1. Amending section 8-2-2, Definitionsby adding definitions for the terms Landscape Debris and Public Street. 2. Amending section 8-2-4, Com~liance Limits, by amending subsection E and adding new subsection 

## F regarding operation of amotor vehicle onunpaved surfaces and re-lettering the remainder ofthe section. 

## 3. Amending section 8-2-4, Compliance Limits, by adding new subsection 

## Q, prohibiting the blowing of landscape debris into any public roadway. 4. Amending section 8-2-15, Civil Penalties, by allowing for exceptions to this section where different penalties areimposed elsewhere inthe Mesa City Code. SECTION 2: TheMesa City Code Title 

## 6, Police Regulations, is amended by adding new Chapter 20, Operating a Motor Vehicle on Unpaved Surface, which shall read as follows: TITLE 6, POLICE REGULATIONS CHAPTER20 

### OPERATING A MOTOR VEHICLE ON UNPAVED SURFACE

### SECTIONS:

6-20-2: 

### VIOLATIONS 6-20-3: 

### EXCEPTIONS 6-20-4: 

### PENALTIES

6-20-1

### DEFINITIONS. FOR PURPOSES OF THIS SECTION, UNLESS 

### THE CONTEXT OTHERWISE REQUIRES: (A) "MOTOR VEHICLE" MEANS EVERY MOTORIZED, ELECRIC, OR OTHER SELF PROPELLED CONVEYANCE BY WHICH ANY PERSON OR PROPERTY IS OR MAY BE TRANSPORTED OR DRAWN UPON 

### THE GROUND, EXCEPTING DEVICES MOVED BY HUMAN POWER OR USED EXCLUSTVELY UPON STATIONARY RAESOR TRACKS. MOTOR VEHICLE INCLUDES ALL ON 

### AND OFF-ROAD VEHICLES, ALL-TERRAIN VEHICLES 

### AND OFF-ROAD RECREATIONAL VEHICLES. (B) "AVED ROAD" MEANS 

### ANY ROAD, EQUIPMENTPATH, OR DRIVEWAY THAT IS NOT COVERED BY ASPHALT, ASPHALTIC CONCRETE, OR CONCRETE PAVEMENT. (C) 'TINSTABILIZED SURFACEMEANS 

### ANY SURFACEthat 

### is not covered by 

### 1. 

### ASPHALTIC CONCRETE, 2. 

### CEMENT CONCRETE,' 3. 

### PENETRATION TREATMENT OF BITUMINOUSMATERIAL AND SEAL COAT OF BITUMINOUS BINDER AND 

### A MINERALAGGREGATE, OR 4. 

### A STABILIZATION METHOD APPROVED BY THE CIWMANAGER OR DESIGNEE. 6-20-2 

### VIOLATIONS. IT IS UNLAWFUL TO OPERATE OR DRIVE OR LEAVE ANY MOTOR VEHICLE, ON AN UNPAVED ROAD OR UNSTABILIZED SURFACE THAT IS: (A) NOT A PUBLIC OR PRIVATE ROAD, STREET OR LAWFUL EASEMENT; AND (B) THAT IS CLOSED BY 

### THE LANDOWNER BY RULE OR REGULATION OF A FEDERAL AGENCY, THIS STATE, A COUNTY OR A MUNICIPALITY ORBY A PROPER POSTING

.

### 6-20-3 

### EXCEPTIONS. (A) THIS CHAPTER 20 SHALL NOT APPLY TO THE OPERATION OF VEHICLES USED 

### IN THE NORMAL COURSE OF BUSINESS OR THE NORMAL COURSE OF GOVERNMENT OPERATIONS. (B) THIS CHAPTER 20 SHALL NOT APPLY TO OPERATIONS DIRECTED BY UTILITIES FOR OPERATION, DISTRIBUTION 

### AND TRANSMISSION SYSTEMS PROVIDED THAT BOTH OF 

### THE FOLLOWING CONDITIONS 

### ARE SATISFIED: (A) OPERATIONS 

### ARE PERFORMED WITH A MARKED COMPANY VEHICLE; AND (B) 

### IF OPERATIONS 

### ARE PERFORMED WITH A PERSONAL VEHICLE, THEN IDENTIFICATION OF 

### THE COMPANY SHALL BE VISIBLEAND READABLEBY THEPUBLIC.

6-20-4 

### PENALTIES. (A) AS MANDATED BY A.R.S. 39-500.27, 

### A PERSON WHO VIOLATES THIS CHAPTER20 OF THE ORDINANCEIS GUILTY OFA CLASS

### 3 MISDEMEANOR. (B) AS MANDATED BY A.RS. $9-500.27, 

### LF A PERSON IS DEEMED TO HAVE VIOLATED THIS CHAPTER 20 

### 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 3: The Mesa City Code Title 1,Administrative,isamended by modifying Chapter26, General Penalty, Section 1-26-2, General Penalty, to read as follows (capitalized wordsbeing added and deleted words being struck through): 1-26-2: GENERAL PENALTY. (1958 CODE, 

### 511,530,1411,2466,3363) All violations of this 

### Code not expressly designated as civil violations shall be deemed misdemeanor violations. 

### ALL MISDEMEANOR VIOLATIONS SHALL BE DEEMED TO BE A 

### CLASS ONE (1) 

### MISDEMEANOR, UNLESS A DIFFERENT MISDEMEANOR DESIGNATION IS SPECIFICALLY SET FORTH IN THIS CODE. MISDEMEANORS SHALLBE PUNISHED AS FOLLOWS: (A) 

### Any person convicted of a CLASS (1) 

### ONE misdemeanor shall be punished by a fine not to exceed two thousand five hundred dollars ($2,500.00), by imprisonment not to exceed six (6) 

### months, or by both a fine and imprisonment. The court may suspend imposition ofpart or all of a sentence and place a person on probation for up to three (3) 

### years upon such terms and conditions as the court deems appropriate, including payment of a fine, a term of imprisonment, or both, up to the limitsprovided herein. (3363)

# . .

. . 

# *

CONVICTED OF A CLASS (2) TWO MISDEMEANOR SHALL BE PUNISHED BY A FINE NOT TO EXCEED SEVEN HUNDRED FIFTY DOLLARS ($750.00), BY IMPRISONMENT NOT TO EXCEED FOLR 

## (4) MONTHS, OR BY BOTH A FINE 

## AND IMPRISONMENT. 

## THE COURT MAY SUSPEND IMPOSITION OF PART OR ALL OF A SENTENCE 

## AND PLACE A PERSON ON PROBATION FOR 

## UP TO TWO (2) YEARS UPON SUCH TERMS 

## AND CONDITIONS AS THE COURT DEEMS APPROPRIATE, INCLUDING PAYMENT OF A FINE, A TERM OF IMPRISONMENT,OR BOTH, 

## UP TO THE LIMITS PROVIDED 

## HEREIN. ( 

## C) 

## ANY PERSON CONVICTED OF A CLASS (3) THREE MISDEMEANOR SHALL BE PUNISHED BY A FDE NOT TO EXCEED FrVE HUNDRED DOLLARS ($500.00), BY IMPRISONMENT NOT TO EXCEED THIRTY (30) DAYS, OR BY BOTH A FINE 

## AND IMPRISONMENT. THE COURT MAY SUSPEND IMPOSITION OF PART OR ALL OF A SENTENCEAND PLACE A PERSON ON PROBATION FOR 

## UP TO ONE (1) 

## YEAR UPON SUCH TERMS 

# AND CONDITIONS AS THE COURT DEEMS APPROPRIATE, INCLUDING PAYMENT OF A FINE, A TERM OF IMPRISONMENT, OR BOTH, 

## UP TOTHE LIMITS PROVIDED HEREIN. (D) THE FOLLOWING FINES APPLY TO

## ANY ENTERPRISE CONVICTED OF A MISDEMEANOR: 1. 

## A FINE NOT TO EXCEED TWENTY THOUSAND DOLLARS ($20,000.00)FOR A CLASS (1) ONE MISDEMEANOR, 2. A FINE NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000) FOR A CLASS TWO (2) MISDEMEANOR; 3. A FINE NOT TOEXCEED TWO THOUSANDDOLLARS FOR 

## A CLASS (3) THREE MISDEMEANOR. (E) THE COURT MAY SUSPEND IMPOSITION OF PART OR ALL OF A 

## SENTENCE AND 

## PLACE AN 

## ENTERPRISE ON PROBATION AS PERMITTED IN SUBSECTIONS A, B, AND C, UPON SUCH TERMS AND 

## CONDITIONS AS THE COURT DEEMS APPROPRIATE, INCLUDING PAYMENT OF A FINE UP 

## TO THE LIMITS PROVIDED HEREIN. (&F)An enterprise shall be liable for a misdemeanor violation of the City Code 

## if the conduct constituting the offense is engaged in 

## by an 

## officer, director, or employee of the enterprise, or any other agent of the enterprise, while acting within the scope of their agency or employment on behalf of the enterprise. (3363)

### @G)Where this Code prescribes a continuing duty or forbids any act of a continuing nature, each day such duty remains unperformed or such act continues, shall constitute a separate offense. SECTION 4: Severability. If any section, subsection, sentence, clause, phrase, orportion of this ordinance is 

# . for any reason held to be invalid or unconditional by the decision of any court of competent jurisdiction, such decision shall not affect the validity ofthe remaining portions thereof, so long as the intent ofthe remaining portions is clear. SECTION 

## 5: Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in direct conflict with the provisions of this Ordinance or any part ofthe Code adopted herein by reference arehereby repealed upon this ordinance taking effect. SECTION 6: 

### Delayed Effective Dates. A. Section(s) 8-2-4 (E) ofthis ordinance shall take effect 12:01 a.m. on October 1,2008. 

## B. Section(s) 8-2-4 

## (F) of this ordinance shall take effect 12:Ol a.m. on October 

## 1,2009. PASSED AND ADOPTED by the City Council of the City of Mesa, Arizona, this 

# Ib day of ,2008. APPROVED:

### ADDITIONS TO THE TEXT ARE 

### SHOWN IN 

### BOLD, ALL CAPITALLETTERS AND UNDERLINED: 

## & [DELETIONS TO THE TEXT ARE 

### SHOWN AS STRIKE-OUTS: ABe 

### 2008 AIR QUALITY AMENDMENTSTO THE MESA CITY CO. TITLE 8, HEALTH, SANITATION,AND ENVIRONMENT

CHAPTER2 

### (1628), ENVIRONMENTAL PROTECTION

ARTICLE I, PARTICULATE POLLUTION SOURCES MARCH, 2008

SECTION: PURPOSE AND APPLICABILITY DEFEVITIONS PERMITS

### AND DUST CONTROL PLAN REQUIRED FOR EARTH-MOVING OPERATION COMPLIANCE LIMITS REQUIRED CONTROL MEASURES POSTING,RECORD KEEPING, AND RECORDS RETENTION COMMENCEMENTOFAN 

### ACTION REMEDIESNOT EXCLUSIVE DEFENDANTS

### AND RESPONSIBLE PARTIES NOTICE OFABATEMENT REQUESTFOR ABATEMENT HEARING RECORDLNGAN ABATEMENT VIOLATION IMMINENT HAZARD 

### CIVIL VIOLATIONSAND CITATIONS 

### CIVIL PENALTIES SEPARATEVIOLATIONS 

### HABITUALOFFENDER FAILURE TO PROVIDE EVIDENCE OFIDENTITY SUSPENSION OF CONSTRUCTION PERMIT ORLICENSE 8-2-1: PURPOSEAND APPLICABILITY: To limit the amount of particulate matter 

### (PMLo or less) entrained into the ambient air from 

### any property, operation, or activity 

### as a result ofthe impact of human activitiesby requiring measures to prevent, reduce, or mitigate particulate matter emissions. These requirements shall apply to any activity, equipment, operation, andtor man-made or man-caused condition or practicethat is capableof generating fugitivedust. (3465) 

### 8-2-2: DEFINITIONS: For the purpose of this Article the following definitions shall apply: (3465) 

### BULK MATERIAL: 

### Any organic or inorganic material that is capable of producing fugitive dust, including earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate, dirt, mud, demolition debris, cotton trash, 

### ABC, cinders,pumice, sawdust, feeds, grains, fertilizers, and dry cement. (3465) 

### CONTROL MEASURE: A technique, practice, or procedure used to prevent or minimize the generation, emission,entrainment, suspension, or airborne transport of fugitive dust. (3465)DISTURBEDSURFACE AREA: A portion of the earth's surfaceor materialplaced thereupon which has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed natural condition to 

### an extent that it increases the potential for the emission of fugitive dust, Disturbed surface areas include shoulders of paved roads; unpaved roads; haul roads; access points where unpaved txaffic surfacesjoin paved mads; construction and demolition sites; unpaved parking, storage, and staging areas; bulk material stockpiles; wind and water erodible soils; vacant parcels; urban or suburban open areas, whether public or private lands. 

### (3465) DUST: Particulate matter which is capable of temporary suspension 

### in air excluding that material emitted directly into the atmosphere

### inthe exhaustof motor vehicles and other internal combustion engines. 

### (3465) DUST CONTROL PLAN: 

### A written report that is required to be prepared by Maricopa County 

### Air Pollution Control Rule 

### 3 10that describes all control measures to be implemented at a work site or in transit to and from 

### a work site for any dust-generatingoperation. 

### (3465) DUST-GENERATING OPERATION: Any activity capable of generating fugitive dust, including, but not limited to, land clearing, earth moving, weed abatement, farming operations, excavating, construction, demolition, material handling, storage and transporting, vehicle use and movement, or the operation of any outdoor equipment, facilities, or-unpaved parking or staging areas. 

### (3465) EARTH-MOVINGOPERATION:The use of any equipment

### in a dust-generatingoperation. 

### (3465) FREEBOARD: The measured vertical distance taken where the bulk material touches the vertical sides of 

### an unroofed enclosure or truck bed. 

### (3465) FUGITIVE DCST: Dust which 

### is not collected by a capture systemand is suspended

### in the ambient air. 

### (3465) GRAVEL PAD: A layer of at least one inch (1") or larger diameter washed gravel, rock, or crushed rock maintained at the point of intersection of a public accessroadway and a work site entrance to dislodge mud, dirt, or debris fromthe tires ofmotor vehicles or haul trucks prior to leaving the site. 

### (3465) GRIZZLY: A mechanical device to dislodge mud, 

### dirt, or debris from the 

### tires and undercarriage of motor vehicles and haul trucks prior to leaving the work site. 

### (3465)



## . HAZARD:

### A conditionthat may cause personalphysical harm. 

### (3465) IMMINENT 

### HAZARD:

### A condition that presents 

### an immediate likelihood for causingpersonal physical

### harm (3465) HAUL ROAD: Any on-site unpaved road used by commercial, industrial, institutional, or governmental traffic. 

### (3465) HAUL TRUCK. Any fully or partially open-bodied, self-propelled vehicle including 

### any nonmotorized attachments, such as trailers or other conveyanceswhich are connected to or propelled by the actual motorized portion of the vehicle. 

### (3465) LANDSCAPE DEBRIS: DEBRIS GENERATED OR ACCUMULATED AS A RESULT OF OR MOVED IN THE COURSE OFLANDSCAPE OPERATIONS. MOTOR VEHICLE: Every device by which any person or property is or may be transported or drawn upon a street or highway, excepting devices moved by human power or used exclusivelyupon stationary rails or tracks. 

### (3465) OFF-ROAD VEHICLE: Any self-propelled conveyance which includes off-road or all-terrain equipment, trucks, cars, motorcycles, motorbikes, or motor buggies. 

### (3465) OPACITY: Entrained particulate pollutionthat results in 

### an increased optical density. 

### (3465)PARTICULATE MATTER: 

### Any solid material which has a nominal aerodynamic diameter smaller than one hundred (100) 

### microns (micrometers), and which exists in a finely divided form (3465) PERSON: 

### Any individual, partnership, copartnership, 

### firm, company, corporation, association, joint stock company, trust, state, municipality, Indian tribe, political subdivisionof the state, federal government agency, or any other legal entity,including their legal representatives, agents, or assigns. (3465) PMID: 

### Particulate matter with 

### an aerodynamic diameter smaller than or equal to ten 

### (10) microns (micrometers) as measured by the applicable state and federal reference test methods. (3465) PUBLIC STREET: A ROAD, HIGHWAY OR THOROUGHFARE THAT IS USED BY TLIE PUBLIC OR THAT IS OPEN TO 

### THE USE OF

### THE PUBLIC AS A MATTER OF RIGHT, FOR THE PURPOSE OF VEHICLE TRAVEL. STABILIZED SURFACE:A 

### porfion of the earth's surface or material placed thereupon with a visible crusted surfacethat has been made resistant to the fonnation of windblown dust pursuant to this Article. (3465) TRACK-OUT: 

### Any and all bulk materials that adhere to and agglomerate on the exterior surfaces of motor vehicles, haul trucks, or equipment (including tires) and that has fallen onto a public access roadway. (3465) TRACK-OUT CONTROL DEVICE: A 

### gravel pad, grizzly, wheel wash system, or a paved or otherwise stabilized area located atthe point of intersection of

### anunpaved area and apaved roadway. (3465) UNPAVED ROAD: 

### Any road, equipment path, or driveway that is not covered by asphalt, asphaltic concrete, concretepavement. (3465) 

### URBAN OR SUBURBAN OPEN 

### AREA. An 

### unsubdivided or undeveloped tract of land adjoining a residential, industrial,or commercial area. (3465) VACANT PARCEL: A 

### subdivided residential, industrial, institutional, governmental, or commercial lot which contains no approved or permitted buildings or structures of a temporaryor permanent nature. (3465) WINDBLOWN DUST: 

### Visible emissions from any disturbed surface area which are generatedby wind action alone. (3465) WORK SITE: 

### The realpropertyupon which dust-generating operations occur. (3465) 

### 8-2-3: PERMITS

### AND DUST CONTROL PLAN REQUIRED FOR EARTH-MOVING OPERATION: 

### (A) No person shall commence any earth-moving operation or dust-generating operation that will disturb 0.1 

### contiguous acre or greater without meeting the requirements of, obtaining, and submitting to the Building Safety Director any 

### and all earth-moving equipment permits and permits to operate required by Rule 200 

### of the Maricopa County Air 

### Pollution Control Regulations.A 

### properly executed Maricopa County earth-moving permit including the dust control plan shall be submitted to the City of Mesa Building SafetyDirector. The City ofMesa willnot issue a construction permit nor will verbal authorizationbe given to proceed with initial grading and drainage operations *ti1 an approved earth-moving permit with dust control plan have been submittedto the City. (3465,4254) 

### (B) Provisions of Subsection(A) ofthis Section shall not apply to the folIowing: (3465) 1. During emergency, life-threatening situations or in conjunction with any officially declared disaster or state of emergency. (3465) 2. 

### To operations conducted by essential service utilities to provide electricity, natural gas, oil and gas transmission, cable television, telephone, water, and sewerage during senice outages and 

### emergency disruptions. (3465)

### 3. To nonroutine or emergency maintenance of flood control channels and water retention basins. (3465) 4. To vehicle test and developmentfacilities and operationsifboth ofthe following conditionsapply: (3465) 

### (a) Dust 

### is required to test and validate design integrity, product quality, or commercial acceptance; and (3465) (b) Such testing is not feasible within enclosed facilities. (3465) 8-24 COMPLIANCE

### LLWTS: (A) No person shall cause, suffer, allow, or engage 

### in any dust-generating operation which causes fugitive dust emissions to exceed twenty percent 

### (20%)opacity. (3465) 1. Opacity shall be determined by observations for visible emissions of stationary sources of fugitive dust and shall be conducted in accordance 

### with techniques specified 

### in Reference Method 

### 9 adopted by the United StatesEnvironmentalProtection Agency or by 

### an equivalentmethod approvedby'the City of Mesa. (3465) 

### 2. Opacity observations for intermittent sources of fugitive dust shall be conducted 

### in accordance with this Section and shall not exceed twenty percent (20%) opacity for three (3) minutes within 

### a thuty- (30-)minute period. (3465) 

### (B) No person shall allow any machinery or vehicles to exit from a construction or development site or from a special event site disturbed surface area and thereby cause to be deposited upon a skeet any accumulation of soil. (3465) 1. 

### In addition, all work sites five (5) acres or larger must have a suitable track-out control device installed at all entrancesto apublic access roadway. (3465)

2. When spillage or track-out occurs onto any public access roadway, such deposits shall be cleaned up implementing control measures so as to prevent or minimize fugitive dust. Cleanup shall occur at the following frequency: (3465) (a) When deposits extend a cumulative distance of 

### fifty (50) linear feet or greater onto any public access roadway, such depositsshallbe cleaned up immediately. (3465) @)All other deposits onto a public access roadway shall be cleaned up within two (2) hours of their occurrence. (3465) (c) Deposition onto roadways temporarily restricted from public access shall be cleaned up prior to resuming public access. (3465) 

### (C) No person shall cause, suffer, or allow the deposition of bulk materials onto any paved roadway, paved parking, or paved staging area from adjacent real property, whether by natural or man-caused forces of erosion. 

### In the event that such deposits originatingfrom the real property occur,the property owner, operator, or designated agentthereof shall undertake all ofthe followingactions: (3465) 1. Remove 

### any and all deposits utilizing the appropriate control measures within twenty-four (24) hours of the deposit's occurrence or prior to the resumption of traffic on pavement where the pavement area has been closed to traffic. City operations to clean streets after storm events when no party responsible for the deposits canbe located are exempt &omthisrequirement. (3465) 2. Dispose ofthe bulk materials resultingfromthe removal of these deposits

### in such a manner so as not to cause or become another source of fugitive dust (3465)(D) 

### No person shall cause, suffer, or allow AN 

### UNPAVED OR UNSTABILIZED vacant parcel or an urban or suburban open area to be driven over or used by motor vehicles or off-road vehicles without fust implementingcontrol measuresto effectivelyprevent or minimize fugitive dust. (3465) 

### (E) No person shall operate, maintain, use, or allow the use of any unpaved area for the 

### INGRESS AND EGRESS, parking, storage, sewicing, or dispatching of motor vehicles 

### ATANY DEVELOPMENTS, OTHER THAN RESIDENTIAL BUILDINGS WITH 4 

### OR FEWER UNITS. WITHOUT FIRST IMPLEMENTING ONE ORMORE OF THE FOLLOWING DUSTPROOFPAVING METHODS: 1. 

### ASPHALTIC CONCRETE 2. 

### CEMENT CONCRETE 

### 3. PENETRATION TREATMENT OFBITUMINOUS MATERL4L

### AND SEAL COAT OFBITUMINOUS BINDER AND 

### A MINERAL AGGREGATE 4. 

### A STABILIZATION METHOD APPROVED BY THE CITY MANAGER OR DESIGNEE. 13465) (F) 

### NO PERSON SHALL OPERATE. MAINTAIN, USE, OR ALLOW 

### THE USE OF ANY UNPAVED AREA GREATER THEN 3000 

### SQUAW FEET, AT RESIDENTIAL BUILDINGS WITH 4 

### OR FEWER UNITS. FOR THE INGRESS AND EGRESS. PARKLYG. STORAGE. SERVICING, OR DISPATCHING OF MOTOR VEHICLES AT DEVELOPMENTS. WITHOUT FIRST IMPLELMENTINC ONE OR MORE OFTHE FOLLOWING DUSTPROOF PAVING .METHODS: 1. 

### ASPHALTIC CONCRETE 2. 

### CEMENT CONCRETE 3. 

### PENETRATION TREATMENT OF BITUMINOUS MATERIAL AND SEAL COAT OFBITUMINOUSBINDER AND AMmRAL AGGREGATE 4. 

### A STABILIZATION METHOD APPROVED BY TEE 

### CITY MANAGER OR DESIGNEE.

(FG) No person shall cause or allow any vacant parcel to remain unoccupied, unused, vacant, or undeveloped for mare 

### than fifteen (15) days without first implementing control measures to effectivelyprevent or minimize fugitive dust. (3465) 

### (6H)No person shall remove vegetation fiom any vacant parcel by blading, disking, plowing under, or any other means that disturbs 0.10 

### acres or more of soil surface without fust obtaining an earth-moving permit with 

### its applicable dust control plan from Maricopa County. Any person engaged in weed abatement activity shall implement control measures to effectively prevent or minimize fugitive dust. This 

### Subsection shall not apply to City operations to create firebreaksby order ofthe Fire Depmnt.(3465) 

### (HI) No person shall disturb or remove soil, natural ground cover, or vegetation from any real property area without first implementing control measures to effectively prevent or minimize fugitive dust for the entire duration ofthe project including after-workhours, weekends, and holidays. (3465) 

### (IJ) Within four (4) 

### months of the termination of activities on the propem described in Subsection 

### (A) of this Section, the owner or operator of such property shall implement permanent control measures to achieve a stabilized surface. (3465) 

### (JK) No person shall cause, suffer, or allow the operation,use, or maintenance of anypermanenthaul road of more than 

### fifty feet (50') 

### in length at any work site unless the person implements cont~ol measures whcheffectivelyprevent or minimize fugitive dust. (3465) (KL) No person shall operate, maintain, use, or allow the use of any commercial feedlot or commercial livestock area for purposes of farming, feeding, or displaying animals, or engage in other activity such as racing and exercising, without first implementing conk01 measures to effectively prevent or minimize-fugitive dust as specified 

### in Sections 8-2-4-(A), 

### (B),and (C) of this Article. (3465) 

### (LM) No person shall cause, suffer, allow, or engage 

### in the handling of bulk materials including stacking, loading, unloading, conveying, and reclaiming, without first implementing control measures to effectivelyprevent or minimize fugitive dust. (3465) (ICQN) No person shall cause, suffer, allow, or engage in the transportation of bulk materials unless 

### in compliance with applicable requirements of this Section and without first implementing control measures to effectively prevent or minimize fugitive dust. (3465) CPJO) No person shall cause, suffer, allow, or engage in the use or operation of any 

### haul truck within the boundaries of a work site or on a public access roadway 

### in such a manner as to cause the emission of fugitive dust from its cargo space. The following requirements shall applyto the use and operationof any haul truck: (3465) 

### 1. The cargo compartment of a haul truck shallbe constructed and maintained so that no spillageor loss ofbulk materials can occur from holes or other openings

### in the cargo compartment's floor, sides, or tailgate. (3465) 

### 2. Any haul truck shall be cleaned or kept covered once emptied or between cargoes when the residual particulate matter remaining

### in the cargo space is capable ofbecoming fugitivedust. (3465) 3. All haul trucks shall be properly loaded so that the freeboard is not less than three inches (3") and shall be effectively coveredwith a tarp or other suitable enclosure; and (3465) 4. All haul trucks and motor vehicles shall pass over or through a track-out control device so as to effectively remove particulatematter from the exterior surfaces. (3465) (QP) No person shall cause, suffer, allow, or engage inthe use, repair, construction,recons&uction,or improvement of any road, roadway, street, highway, or alley without first implementing control measures to effectively prevent or minimize fugitivedust. (3465) 

### (Q) NO PERSON SHALL AT 

### ANY TIME BLOW LANDSCAPE DEBRIS INTO 

### ANY PUBLIC ROADWAY. 

### (PR) The provisions of this Section shall not apply to the following: (3465) 1. When the average wind speed is greater than twenty-five (25) miles per hour, provided that all dust- control measures including contingency measures contained in the approved dust control plan are implemented. The average wind speed determination shall be based on a sixty- (60-) minute average from the nearest Maricopa County Division of 

### Air Pollution Control monitoring station or as approved by the City of Mesa by a wind instrument located atthe site being checked. (3465) 

### 2. Nomoutine or emergency maintenance of flood control channels and water retention basins. (3465) 3. Vehicle test and development facilities and operations ifboth ofthe following conditions apply: (3465) (a) Dust is required to test and validate design integrity, product quality, or commercial acceptance; and (3465) (b) Such testing is not feasible within enclosed facilities. (3465) 

### REQUIRED

### CONTROL MEASURES:(A) No person shall conduct any dust-generating operations without implementingcontrol measures to effectively control or minimize fugitive dust. (3465) 

### (B) Persons subject to Subsection A of this Section shall select and effectively and appropriately implement controlmeasures either individuallyor in combinationin a manner that 

### will controlfugitive dust emissionsto a level that shall not exceed the compliance limits prescribed in Section 

### 8-2-4. 

### If selected measures are not effective 

### in preventing unacceptable emissions of fugitive dust, additional measures shall be implemented until compliance with Subsection A ofthis Sectionis achieved. (3465) 

### 8-2-6 : 

### POSTING, RECORD KEEPING, AND RECORDS RETENTION: (A) A copy of the Maricopa County earth moving permit andlor permit to operate as well as the approved dust controlplan required by Section 8-2-3 must be keptreadily available on site at all times. (3465) 

### (B) Any person subject to the requirements of Section8-2-3 shall keep a daily written log recording the actual application or implementationofthe controlmeasures delineated 

### in the approved dust controlplan This log and supportingdocumentation shallbe kept on site and made available for review onrequest. (3465) 

### 8-2-7: COMMENCEMENT OFAN 

### ACTION: (A) The Director of Environmental Programs and the inspectors 

### within the Environmental Programs Department or

or other such persons as the City Manager may designate are authorized to commence an enforcement action under this Articleby undertaking any one (1) or any combinationof the following: (3465) 

### 1. Issuing a notice of abatement under this Article;(3465) 

### 2. Issuing a citation for a civil actionunder this Article; (3465) 3. Seekingthe issuanceof a complaintby the Mesa City Prosecutor for criminalmisdemeanorprosecutionunder this Article. (3465) 

### (B) Nothing in this Section shall preclude City employeesfrom seeking voluntary compliance with the provisions of this Article or fiom enforcing this Article through notices of violation, warnings, or other informal devices designed to achieve compliancein the most efficientand effective manner under the circumstances. (3465) 

### 8-2-8: 

### REMEDIESNOTEXCLUSIVE: Violations of this Article are in addition to any other violation established by law, and this Article shall not be interpreted

### as limitingthe penalties, actions, or abatement procedures which may be takenby the City or other persons under other laws, ordinances, or rules. (3465) 

### 8-2-9: DEFENDANTSAND 

### RESPONSIBLE PARTIES: Any personwho causes,

### permits, facilitates,aids, or abets any violation of this Article or who failsto perform any act or duty requiredpursuant to this Article is subject to the enforcementprovisions ofthis Article. The owner and operator of equipment, vehicles, or property 

### in violation of this Article may be individually and jointly responsible for the violation, the prescribed civilor criminal sanctions, and for abating the violation. (3465,4074) 8-2-10: 

### NOTICE OF ABATEMENT: (A) The notice to abate shall set forththe followinginformation:(3465) 1. The ownerloperator or responsible party shall abate the violation within the time specified 

### in the notice. (3465) 2. Identificationofthe ownerloperatoror responsible party and the site location. (3465)3. Statement of the violation in sufficient detail to allow a reasonable person to identify and correct the violation(s). 3465) 4. Reinspectiondate and time. (3465) 5. Name, business address, and business phone number of the City inspector who sent the notice to abate. (3465) 6. 

### A warning stating that if the violations are not corrected within the specified time, the City may abate the problem itself or by private contractor, assess the owner/operatoror responsible party for the cost of such abatement,andrecord a lien onthe property for 

### the assessment. (3465) 

### 7.Heating procedures. (3465) 8.If the City determines that 

### an imminent hazard exists, the City may proceed with abatement pursuant to Section 8-2-13 ofthis Article. (3465) 

### (B) If the owner/operatoror responsible party served a notice to abate by the City pursuant to 

### this Article fails to comply with suchnotice, the City may correct or abate the conditions subject to the notice ifthose conditions constitute a hazard. If the City corrects or abates those conditions, the City Manager or designee may prepare a verified statement as to the actual cost of correcting or abating the violation, including costs of inspection and other City-incurred costs associated with abating the violation. The statement shall be delivered or mailed, certified mail, return receipt requested, to the owner(s) or other person(s) upon which the notice to abate or orderwas served. That statement shall further set forth the following: (3465) 

### 1. That the statementof costs is 

### an assessment upon the lots and tracts of land fiom which the City corrected or abated the violation. (3465) 

### 2. That the party has fifteen (15) days fiomthe date of delivery or mailing of the statement topay. (3465) 3. In the event payment is not received in fifteen (15) days, the City will place a lien on the property in the amount ofthe assessment. (3465) 4. Appeal procedures. (3465) (C) The notice to abate and the statement of abatement costs shall be served by either delivering them to the owner/operator or responsible party or their agent or by mailing them by certified mail, return receipt requested. Service is deemed effective and complete on the date it is received by the ownerloperator, responsibleparty, or their agent. (3465) 

### 8-2-11: 

### REQUEST FOR ABATEMENT 

### HEARLTG: The ownerloperator or responsible party receiving a notice to abate under this kcleor a statement of costs incurred by the City 

### in abating a violation may appeal by requesting in writing a hearing and by serving such a request onthe Director of Environmental Programs within fifteen 

### (15) calendar days of service of the notice to abate or the statement of costs. 

### The hearing shall be held before the Hearing Officer or his designee as soon as practicable after the filingofthe request. The decision of the Hearing Officer is final and binding. If no written and timely request for hearing is made under 

### this Section to the Director of Environmental Programs, then the notice of abatementor statementofcosts is final and binding. (3465) 

### 8-2-12 : 

### RECORDINGAN ABATEMENT VIOLATION: The notice to abate and statement of costs shall

### run with the land. The City, at its sole option, may record a notice to abate or statement of costs with the Maricopa County Recorder and thereby cause compliance by 

### an entity thereafter acquiring such property. When the propertyis brought into compliance, a satisfaction ofnotice to abate shallbe filed with the Maricopa County Recorder. (3465) 8-2-13: IMMINENT

### HAZARD:(A) If a situation presents an imminent hazard the City may issue a notice to abate directing the owner, occupant, operator,responsible party, or agent to immediately take such action as 

### is appropriate to correct or abate the emergency described in the notice. In addition, the City may act immediately to correct or abate the emergency. The City may commence an action in Superior Court to enjoin the owner or occupant to abate the imminent hazard. The Development Services Manager may require that particulate pollution actions causing the imminent hazard be stopped immediately. The City may undertake all appropriate means to stop the actions of the owner, operator, responsibleparty, or agent that are causing the imminent hazard. 

### In the event the City is unable to contact the owner, occupant, agent, or responsible party despite reasonable efforts to do so, it 

### in no way affects the City's right under this Section to correct or abate the hazard itself. (3465,3766) 

### (B) The City may recover its costs incurred in abating an imminent hazard under this Section in the same manner as provided for in Sections8-2-10(C)and 8-2-12. Theproperty owner may appeal the City's imminent hazard action under this Section or the City's statement of costs for 

### an emergency abatement in the same manner as provided for 

### in Section 8-2-1 1. (3465) (C) A person who causes an imminent hazard may be guilty of a criminal misdemeanor and upon conviction thereof shall be punished by a fine not to exceed two thousand five hundred dollars ($2,500.00) or by imprisonment 

### in the City jail for a period not to exceed six (6) months, or by both such fine and imprisonment. (3465) 

### 8-2-14: CIVIL VIOLATIONS 

### AND CITATION: (A) A civil action for violationsof this Article may be commenced by issuance of a citation. (3465) 

### (B) The citation will be substantiallyin the form established by the Director of Environmental Programs. The citation shall advise the responsible party of the violation(s) committed, either by written description of the violations or by designationof the City Code Sectionthat was violated. The CivilHearing Officer may permit amendments to the citation if substantial rights of the responsible party are not thereby prejudiced. The citation shall direct the responsibleparty to pay a specified fine within the period specified on the citation or to appear before the CivilHearing Officer within the time period specified onthe citation. The amount of the fine shall be determined by the City based on the circumstances of the violation(s) and shall be no less 

### than twenty-five dollars ($25.00) and no greater 

### than five hundred dollars ($500.00) per violation. The citation shallbe servedby personal serviceorby servingthe citation pursuant to A.R.S. $9-500.21or by attaching the citation to the vehicle ofthe responsibleparty. (3465,4074) (C) The responsible party shall, within the time period specified on the citation, either pay the fine or appear 

### in person or through an attorney before the Civil Hearing Officer and admit or deny the allegations contained in the citation. If the responsible party pays the fine, either in person or by mailing payment to the City, the allegations in the citation shall be deemed admitted and such person shallbe deemed responsible for having committed the offense(s)described in the citation. If the responsible party appears and admits the allegations, the Civil Hearing Officer shall enter judgment against the responsible party in the amount of the fine designated in the citation.If the responsible party appears and denies the allegationscontained in the citation, the CivilHearing Officer shall set the matter for hearing. (3465,4074) (D) Ifaperson servedwith a citationfails to pay the fine and to appear on or before the time directed to appearor at the time set for hearing by the Civil Hearing Officer, the allegations in the complaint shall be deemed admitted, and the Civil Hearing Officer shall enter a finding of responsible and ajudgment for the City and impose a civilpenalty sanction. (3465) 

### (E) A11 proceedings before the Civil Hearing Officer shall be informal and without a

### jury, except that testimony shall be given under oath or affirmation. The technical rules of evidence do not apply, except for statutory provisions relating to privileged communications. If the allegations 

### in the citation are denied, the City is requiredto prove violations of this Articleby a preponderanceof the evidence. No preheating discovery shall be permitted, except under extraordinary circumstances as determined by the Civil Hearing Officer.The Civil Hearing Officer is authorized to make such orders as may be necessary or appropriateto fairly and efficiently determine the truth and decide the case at hand. An appeal from final judgments of the Civil Hearing Officer may be takenpursuant to the Rules of Procedure for Special Actions of the Arizona Supreme Courf Volume

### 17B ofthe ArizonaRevised Statutes. 

### (3465) (F) Any civil fine or judgment imposing a civil penalty sanction issued pursuant to this Article shall constitute a lien against the realproperty of the responsible party that may be perfected by recording a copy of the fine or judgment with the Maricopa County Recorder. Any judgment for civil fines or penalties pursuant to this Article may be collectedas any other civiljudgment. 

### (3465) 8-2-15: CIVILPENALTIES: EXCEPT AS 

### PROVIDED ELSEWHERE IN THIS CODE, &upon a finding that a person is responsible for 

### a civil violation of this Article, the Civil Hearing Officer shall impose a civil penalty sanction of not less than twentyfive dollars 

### ($25.00) nor more 

### thanone thousand dollars 

### ($1,000.00) per violation. 

### (3465) 8-2-16: SEPARATEVIOLATIONS: Each violationofthis Article or the failure to perform any act or duty required by this Article or by the Civil Hearing Officer shall constitute a separate civil offense. Multiple violations may be cited on the same day. 

### (3465) 8-2-17: HABITUAL 

### OFFENDER: (A) A person who commits a violation of this Article after previously having been found responsible for committing three 

### (3) ormore civil violations of this Article within a twenty-four- 

### (24-) monthperiod, whether by admission, by payment of the fine, by default, or byjudgment after hearing, shall be guilty of a criminal misdemeanor. The Mesa City Prosecutor is authorized to file a criminal misdemeanor complaint 

### in the Mesa City 

### Court against habitual offenders who violate this Section. For purposes of calculating the twenty-four- 

### (24-) month period under this paragraph, the dates of the commission of the offenses are the determining factor. 

### (3465) (B) Upon conviction of a violation of this Section, the court may impose a sentence ofincarcerationnot to exceed six 

### (6)months in jail or a he not to exceed two thousand five hundred dollars 

### ($2,500.00), exclusive of penalty assessments prescribed by law, or both. The court shall order a person who has been convicted of a violation of this Section to pay a fine of not less than five hundred dollars 

### ($500.00) for each count upon which a conviction has been obtained. Ajudge shall not grant probation to or suspend any part or all of the imposition or execution of any sentence required by this Subsection except on the condition that the person pay the mandatory 

### minimumfines as provided inthis Subsection. 

### (3465) 

### (C) Every action or proceeding under 

### this Section shall be commenced and prosecuted in accordance with the laws of the State ofArizona relating to criminal misdemeanorsand the Arizona Rules ofCriminal Procedure. 

### (3465) 8-2-18: FAILURETO PROVIDEEVIDENCE OF IDENTITY: A person who fails or refuses to provide evidence of his identity to a duly authorizedagent of 

### the City upon request, when such agent has reasonable cause to believe the person has committed a violation of this Article, is guilty of a criminalmisdemeanor. Evidence of identity under this Section shall consist of a person's full name, residence address, and date ofbirth. 

### (3465) 8-2-19: SUSPENSIONOF CONSTRUCTION PERMIT OR LICENSE: Any construction permit or license issued by the City which authorizes work resulting in an alleged violation of this Article may be suspended pending abatement of said violation or final resolution of a civil hearing ofthe matter. 

### (3465) 

### END OF CHAPTER

### 2 END OFDOCUMENT