Great People, QuuIity Semennce! Environmental Programs 

May 13,2008 

Dianne Amst 

Arizona Department of Environmental Quality 

Planning Section Manager, Air Quality Division 

1 1 10 W. 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 of parking, 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 or unstabilized 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 of Mesa'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 

730 North Mesa Drive 

PO. Box 1466 

Mesa Arizona 85211-1466 

480.644.3599 Tel 

480.644.4774 Fax 

60 
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MESA, 

ARIZONA, RELATING TO NEW DUST MITIGATION REGULATIONS 

AMENDING SECTION TITLE 8, HEALTH, SANITATION, AND 

ENVIRONMENT, CHAPTER 2, ENVIRONMENTAL PROTECTION, 

ARTICLE 1, PARTICULATE POLLUTION SOURCES, SECTION 8-2-2, 

DEFINITIONS, BY ADDING DEFINITIONS FOR THE TERMS 

"LANDSCAPE DEBRISy7 AND "PUBLIC STREET"; AMENDING 

SECTION 8-2-4, COMPLIANCE LIMITS, BY AMENDING SUBSECTION 

E AM3 ADDING NEW SUBSECTION F REGARDING OPERATION OF A 

MOTOR VEHICLE ON UNPAVED SURFACES; AMENDING SECTION 

8-2-4, CORIPLLANCE LIMITS, BY ADDING NEW SUBSECTION Q, 

PROHIBITING THE BLOWING OF LANDSCAPE DEBRIS INTO ANY 

PUBLIC ROADWAY; AMENDING SECTION 8-2-15, CIVIL PENALTIES, 

BY ALLOWING FOR EXCEPTIONS TO THIS SECTION; AMENDING 

TITLE 1, ADMINISTRATIVE, CHAPTER 26, GENERAL PENALTY, 

SECTION 1-26-2, GENERAL PENALTY, BY PROVIDING FOR THE 

IMPOSITION OF CLASS 2 AND CLASS 3 MISDEMEANORS AND 

ASSOCIATED FINES AND JAIL TERMS, AND THE IMPOSITION OF 

FINES AND PROBATION FOR ENTERPRISES CONVICTED OF 

MISDEMEANORS; ADDING NEW CHAPTER 20 TO TITLE 6, POLICE 

REGULATIONS, ENTITLED OPERATING A MOTOR VEHICLE ON 

UNPAVED SURFACE, MAKING IT UNLAWFUL TO OPERATE A 

MOTOR VEHICLE ON UNPAVED SURFACE; DECLARING A PUBLIC 

RECORD; PROVIDING FOR PENALTIES; PROVIDING FOR 

SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING 

ORDINANCES; AND PROVIDING FOR DEALYED EFFECTIVE 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 of bituminous material 

and seal coat of bituminous binder and a mineral aggregate or (d) A stabilization method 

approved by the city or town; and 

WHEREAS, Chapter 292 requires the imposition of a class 3 penalty with the 

opportunity for specifk community service for violation of these new dust control 

measures; and 
WHEREAS, the general penalty provision of the Mesa City Code does not 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 of public record. 

A. That certain document known 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 copies of which shall remain on file in 

the office of the City Clerk, is hereby declared to be a public record. 

B. That the City Code of the City of Mesa, Arizona, shall be amended by 

adopting by reference that public record entitled the "2008 AIR QUALITY 

AMENDMENTS TO THE MESA ClTY CODE, TITLE 8, HEALTH, SANITATION, AND 

ENVIRONMENT, CHAPTER 2, ENVIRONMENTAL PROTECTION; ARTICLE 1, 

PARTICULATE POLLUTION SOURCES, DATED MARCH, 2008" showing repealed 

language as strikeouts and new language as bold, underlined and capitalized, which 

document is hereby adopted and incorporated by reference. In summary, this public 

record changes the code by: 

1. Amending section 8-2-2, Definitions by 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 a motor vehicle on unpaved 

surfaces and re-lettering the remainder of the 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 are imposed elsewhere in the Mesa City 

Code. 

SECTION 2: The Mesa 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 

CHAPTER 20 

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 RAES OR TRACKS. MOTOR VEHICLE 

INCLUDES ALL ON AND OFF-ROAD VEHICLES, ALL-TERRAIN VEHICLES AND OFF-ROAD 

RECREATIONAL VEHICLES. 

(B) "AVED ROAD" MEANS ANY ROAD, EQUIPMENT PATH, OR DRIVEWAY 

THAT IS NOT COVERED BY ASPHALT, ASPHALTIC CONCRETE, OR CONCRETE PAVEMENT. 

(C) 'TINSTABILIZED SURFACE MEANS ANY SURFACE that is not covered by 

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 CIW MANAGER 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 OR BY 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 VISIBLE AND READABLE BY THE PUBLIC. 

6-20-4 PENALTIES. 

(A) AS MANDATED BY A.R.S. 39-500.27, A PERSON WHO VIOLATES THIS 

CHAPTER 20 OF THE ORDINANCE IS GUILTY OF A 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, is amended by 

modifying Chapter 26, General Penalty, Section 1-26-2, General Penalty, to read as 

follows (capitalized words being 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 SHALL BE 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 of part 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 limits provided 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 SENTENCE AND 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 TO THE 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 TO EXCEED TWO THOUSAND DOLLARS 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, or portion 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 of the remaining 

portions thereof, so long as the intent of the 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 of the Code adopted herein by reference are hereby repealed upon 

this ordinance taking effect. 

SECTION 6: Delayed Effective Dates. 

A. Section(s) 8-2-4 (E) of this 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 CAPITAL LETTERS 

AND UNDERLINED: & 

[DELETIONS TO THE TEXT ARE SHOWN AS STRIKE-OUTS: ABe 

2008 AIR QUALITY AMENDMENTS TO THE MESA CITY CO. 

TITLE 8, HEALTH, SANITATION, AND ENVIRONMENT 

CHAPTER 2 (1 628), 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 

COMMENCEMENT OF AN ACTION 

REMEDIES NOT EXCLUSIVE 

DEFENDANTS AND RESPONSIBLE PARTIES 

NOTICE OF ABATEMENT 

REQUEST FOR ABATEMENT HEARING 

RECORDLNG AN ABATEMENT VIOLATION 

IMMINENT HAZARD 

CIVIL VIOLATIONS AND CITATIONS 

CIVIL PENALTIES 

SEPARATE VIOLATIONS 

HABITUAL OFFENDER 

FAILURE TO PROVIDE EVIDENCE OF IDENTITY 

SUSPENSION OF CONSTRUCTION PERMIT OR LICENSE 

8-2-1: PURPOSE AND 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 of the impact of human activities by 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 practice that is capable of generating fugitive dust. (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) 
DISTURBED SURFACE AREA: A portion of the earth's surface or material placed 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 surfaces join 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 in the exhaust of 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 10 that describes all control measures to be implemented at a work site or in transit to and from a 

work site for any dust-generating operation. (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-MOVING OPERATION: The use of any equipment in a dust-generating operation. (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 system and 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 access roadway and a work site entrance to dislodge mud, dirt, 

or debris from the tires of motor 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 condition that may cause personal physical harm. (3465) 

IMMINENT HAZARD: A condition that presents an immediate likelihood for causing personal physical harm 

(3465) 

HAUL ROAD: Any on-site unpaved road used by commercial, industrial, institutional, or governmental traffic. 

(3 4 65) 

HAUL TRUCK. Any fully or partially open-bodied, self-propelled vehicle including any nonmotorized 

attachments, such as trailers or other conveyances which 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 OF LANDSCAPE 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 exclusively upon 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 pollution that results in an increased optical density. (3465) 
PARTICULATE MATTER: Any solid material which has a nominal aerodynamic diameter smaller than one 

hundred (1 00) 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 subdivision of 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 

surface that 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 at the point of intersection of an unpaved area and a paved roadway. (3465) 

UNPAVED ROAD: Any road, equipment path, or driveway that is not covered by asphalt, asphaltic concrete, 

concrete pavement. (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 temporary or permanent nature. (3465) 

WINDBLOWN DUST: Visible emissions from any disturbed surface area which are generated by wind action 

alone. (3465) 

WORK SITE: The real property upon 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 Safety Director. The 

City of Mesa will not issue a construction permit nor will verbal authorization be given to proceed with initial 

grading and drainage operations *ti1 an approved earth-moving permit with dust control plan have been 

submitted to the City. (3465,4254) 

(B) Provisions of Subsection (A) of this 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 development facilities and operations ifboth of the 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) 

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 

States Environmental Protection Agency or by an equivalent method approved by'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 

entrances to a public 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 deposits shall be 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 originating from the real property occur, the property owner, operator, 

or designated agent thereof shall undertake all of the following actions: (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 can be located are exempt &om this requirement. (3465) 

2. Dispose of the bulk materials resulting from the 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 

implementing control measures to effectively prevent 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 AT ANY DEVELOPMENTS, OTHER THAN 

RESIDENTIAL BUILDINGS WITH 4 OR FEWER UNITS. WITHOUT FIRST IMPLEMENTING 

ONE OR MORE OF THE FOLLOWING DUSTPROOF PAVING METHODS: 

1. ASPHALTIC CONCRETE 

2. CEMENT CONCRETE 

3. PENETRATION TREATMENT OF BITUMINOUS MATERL4L AND SEAL COAT 

OF BITUMINOUS 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 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 MmRAL 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 effectively prevent 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 0.1 0 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 firebreaks by order of the 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 of the project including after-work hours, 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 any permanent haul road of more 

than fifty feet (50') in length at any work site unless the person implements cont~ol measures whch 
effectively prevent 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 effectively prevent 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 apply to the use and operation of any haul truck: (3465) 

1. The cargo compartment of a haul truck shall be constructed and maintained so that no spillage or loss of bulk 

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 of becoming fugitive dust. (3465) 

3. All haul trucks shall be properly loaded so that the freeboard is not less than three inches (3") and shall be 

effectively covered with 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 particulate matter from the exterior surfaces. (3465) 

(QP) No person shall cause, suffer, allow, or engage in the 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 fugitive dust. (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 at the 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 if both of the 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 implementing control 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 

control measures either individually or in combination in a manner that will control fugitive dust emissions to 

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 of this Section is 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 

control plan required by Section 8-2-3 must be kept readily 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 implementation of the control measures delineated in the approved dust control plan This log and 

supporting documentation shall be kept on site and made available for review on request. (3465) 

8-2-7: COMMENCEMENT OF AN 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 Article by undertaking any one (1) or any combination of the following: (3465) 

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

2. Issuing a citation for a civil action under this Article; (3465) 

3. Seeking the issuance of a complaint by the Mesa City Prosecutor for criminal misdemeanor prosecution under 

this Article. (3465) 

(B) Nothing in this Section shall preclude City employees from 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 compliance in the most efficient and effective manner under the circumstances. (3465) 

8-2-8: REMEDIES NOT EXCLUSIVE: 

Violations of this Article are in addition to any other violation established by law, and this Article 

shall not be interpreted as limiting the penalties, actions, or abatement procedures which may be taken by the City or 

other persons under other laws, ordinances, or rules. (3465) 

8-2-9: DEFENDANTS AND RESPONSIBLE PARTIES: 

Any person who causes, permits, facilitates, aids, or abets any violation of this Article or who fails to 

perform any act or duty required pursuant to this Article is subject to the enforcement provisions of this 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 civil or criminal sanctions, and for abating the violation. (3465,4074) 

8-2-10: NOTICE OF ABATEMENT: 

(A) The notice to abate shall set forth the following information: (3465) 

1. The ownerloperator or responsible party shall abate the violation within the time specified in the notice. 

(3465) 

2. Identification of the ownerloperator or 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. Reinspection date 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/operator or responsible party for the cost of such 

abatement, and record a lien on the 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 of this Article. (3465) 

(B) If the owner/operator or responsible party served a notice to abate by the City pursuant to this Article fails to 

comply with such notice, the City may correct or abate the conditions subject to the notice if those 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 order was served. That statement shall further set forth the following: (3465) 

1. That the statement of 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 fiom the date of delivery or mailing of the statement to pay. (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 of the 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, 

responsible party, or their agent. (3465) 

8-2-11: REQUEST FOR ABATEMENT HEARLTG: 

The ownerloperator or responsible party receiving a notice to abate under this kcle or 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 on the 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 filing of the 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 

abatement or statement of costs is final and binding. (3465) 

8-2-12 : RECORDING AN 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 property is brought into compliance, a satisfaction of notice to 

abate shall be 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, responsible party, 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 Sections 8-2-10(C) and 8-2-12. The property 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 violations of this Article may be commenced by issuance of a citation. (3465) 

(B) The citation will be substantially in 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 designation of the City Code Section that was violated. The Civil Hearing Officer may permit 

amendments to the citation if substantial rights of the responsible party are not thereby prejudiced. The 

citation shall direct the responsible party to pay a specified fine within the period specified on the citation or 

to appear before the Civil Hearing Officer within the time period specified on the 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 

shall be served by personal service or by serving the citation pursuant to A.R.S. $9-500.21 or by attaching the 

citation to the vehicle of the responsible party. (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 shall be 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 allegations contained in the citation, 

the Civil Hearing Officer shall set the matter for hearing. (3465,4074) 

(D) Ifa person served with a citation fails to pay the fine and to appear on or before the time directed to appear or 

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 a judgment for the City and 

impose a civil penalty 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 

required to prove violations of this Article by a preponderance of 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 appropriate to fairly and efficiently 

determine the truth and decide the case at hand. An appeal from final judgments of the Civil Hearing Officer 

may be taken pursuant to the Rules of Procedure for Special Actions of the Arizona Supreme Courf Volume 
17B of the Arizona Revised Statutes. (3465) 

(F) Any civil fine or judgment imposing a civil penalty sanction issued pursuant to this Article shall constitute a 

lien against the real property 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 collected as any other civil judgment. (3465) 

8-2-15: CIVIL PENALTIES: 

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 than one thousand dollars ($1,000.00) per violation. (3465) 

8-2-16: SEPARATE VIOLATIONS: 

Each violation of this 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) or more civil violations of this Article within a twenty-four- (24-) month period, whether 

by admission, by payment of the fine, by default, or by judgment 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 of incarceration not 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. A judge 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 minimum fines as provided in this Subsection. (3465) 

(C) Every action or proceeding under this Section shall be commenced and prosecuted in accordance with the 

laws of the State of Arizona relating to criminal misdemeanors and the Arizona Rules of Criminal Procedure. 

(3465) 

8-2-18: FAILURE TO PROVIDE EVIDENCE OF IDENTITY: 

A person who fails or refuses to provide evidence of his identity to a duly authorized agent 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 criminal misdemeanor. Evidence of identity under this Section shall consist of a person's full 

name, residence address, and date of birth. (3465) 

8-2-19: SUSPENSION OF 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 

of the matter. (3465) 

END OF CHAPTER 2 

END OF DOCUMENT