### OFFICE OF: Town Clerk 6401 EAST LINCOLN DRIVE TOWN OF PARADISE VALLEY. ARIZONA 85253-4399

April 23,2008 Diane Amst, Planning Section Manager ADEQ Air Quality Division 1110 W. Washington Street Phoenix, AZ 85007 

### Re: Ordinance Number 

### 598: Air Quality and Fugitive Dust Dear Ms Arnst: As requested, enclosed is a certified copy of Town of Paradise Valley Ordinance Number 598 which was duly passed and adopted by a unanimous vote ofthe Town Council at a properly noticed meeting held on December 20,2007. 

### I certify that the Ordinance has not been rescinded or modified and is now in effect. Should you require additional information, please feel free to contact me at 480-348- 3610. Sincerely,

Duncan ~ille; Town Clerk Enclosure: Ordinance Number 598OFFICIAL RECORDS OF When recorded, 

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## 6 MARICOPA COUNTY RECORDER Paradise Valley Town Attorney HELEN PURCELL 6401 East Lincoln Drive Paradise Valley, Arizona 85253 2007133431 1,I 2/21/2007 11 :09 ORDINANCE598-8-1-1--,N ELECTRONIC RECORDING

AN ORDINANCE OF THE TOWN OF PARADISE VALLEY, ARIZONA, AMENDING CHAPTER 8, SAFETY, HEALTH, SANITATION AND NUISANCE BY ADDING ARTICLE 8-11, AIR QUALITY AND FUGITIVE DUST, TO THE PARADISE VALLEY TOWN CODE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING PENALTIESFOR VIOLATION.

BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF PARADISE VALLEY, ARIZONA: Chapter 8 is hereby amended by adding Article 8-1 1,Air Quality and Fugitive Dust, as follows:

Section 8-11-1 Section 8-11-2 Section 8-11-3 Section 8-11-4 Section 8-11-5 Section 8-11-6 Section 8-11-7 Section 8-11-8 Section 8-11-9 Section 8-11-10 Section 8-11-1 1 Section 8-11-12 Section 8-11-13 AIR QUALITYAND FUGITIVE DUST

PURPOSEmVTENT DEFINITIONS RESPONSIBILITYFOR ADMINISTRATION PARKING RESTRICTION ON VACANT LOTS OPERATION OFVEHICLES ON PUBLIC AND PRIVATE PROPERTY UNPAVED PARKING LOTS LEAF BLOWER RESTRICTIONS COMPLIANCEMONITORING VIOLATIONS, ENFORCEMENT, AND PENALTIES VIOLATIONSDEEMED A PUBLIC NUISANCE REMEDIES NOT EXCLUSIVE COMPATIBILITY WITH OTHER REGULATIONS SEVERABILITYSection 8-11-1. 

### PURPOSEANTENT The purpose ofthis ordinance is to provide for the health, safety, and general welfare of the citizens of the Town of Paradise Valley by improving air quality through the regulation of Fugitive Dust and PM-I0 particles to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of Fugitive Dust and PM-10 into the air. The objectives ofthis ordinance are: A. To regulate the contributionofFugitive Dust and PM-10 from any Town resident, developer or visitor. 

### B. To establish legal authorityto carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this ordinance.

Section 8-11-2. 

### DEFINITIONS For the purposes ofthis ordinance, the following shall mean: "County Dust Control Permit" -means a permit issued by Maricopa County evidencing that a dust generating operation has a satisfactory dust control plan in place approved by the Maricopa County Air Quality Department. "Designated Or Opened Trail System" -means roads or routes that are part of a system of trails and that are designated or opened by a government land management agencyby order, sign, and/or map approved by such agency. "Fugitive Dust" 

### - means the particulate matter not collectedby a capture system, that is entrained in the ambient air and is caused fiom human and/or natural activities, such as, but not limited to, movement of soil, vehicles, equipment, blasting, and wind. For the purpose of this ordinance, fugitive dust does not include particulate matter emitted directly fiom the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment, or from piledrivers. "Leaf Blower" - means any air blowing machine which uses a concentrated stream of air to blow leaves, grass cuttings, trash, or other debris. "Off-Road Vehicle" -means any self-propelled conveyance specifically designed for offroad use, including, but not limited to, off-road or all-terrain equipment, trucks, cars,

. motorcycles, motorbikes, or motorbuggies. "PM- 10" 

### - means the standard adopted by the Environmental Protection Agency that focuses on smaller particulates in the air that are likely responsible for adverse health effects because oftheir abilityto reach the lower regions of the respiratory tract. The PM10 standard includes particles 

### with a diameter of 10micrometers or less (0.0004 inches or one-seventh the width of a human hair)."Person" 

### - means any individual, association, organization, partnership, 

### firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. "Premises" 

### - means any building, lot parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. "Road or Highway" -means the entire width between the boundary lines of every way publicly maintained by the federal government, a city, a town or a county if any part ofthe way is generally open to the use of the public for purposes of vehicular travel. For purposes of this ordinance, the term "road or highway" includes designated or opened trail systems and service roads regardless of surface composition. "Town" - means the Town of Paradise Valley, Arizona. "Unpaved Parking Lot" 

### - Any area larger than 3,000 square feet that is not paved and that is used for parking, maneuvering, or storing motor vehicles. "Vacant Loty'-means any of the following: (1) an unsubdivided or undeveloped tract of land; (2) a subdivided residential, industrial, institutional, governmental, or commercial lot that contains no approved or permitted buildings, structures, or uses of a temporary or permanent nature; or (3) a partially developed residential, industrial, institutional, governmental, or commercial lot. For the purposes of this ordinance, a vacant lot is not a road or highway. "Vehicle" -means a self propelled device and its appurtenances, excluding devices moved by human power or used exclusively on stationary rails or tracks. 

### Section 8-1

### 1-3. 

### RESPONSIBILITY FOR ADMINISTRATION The Town shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the Town may be delegated in writing by the Town Manager to persons or entities acting in the beneficial interest of or in the employ of the Town. 

### Section 8-11-4. 

### PARKING RESTRICTION ON VACANT LOTS It shall be unlawful to park or use a vehicle on a vacant lot within the Town. If a vacant lot is in excess of five acres, the owner ofthe vacant lot shall either erect a split rail-type fence or ditch and berm the perimeter of the lot to prevent vehicular access, including, but not limited to, preventing access to off-road vehicles. Owners of vacant lots less than 

### 5 acres may be required to erect a split rail-type fence or take other actions to prohibit vehicular access to the vacant lot if more than one complaint is received about unauthorized vehicular access on the property. This section does not apply to sites that have been issued a County Dust Control Permit. 

### Section 8-11-5. 

### OPERATION OF VEHICLES ON PUBLIC AND 

### PRIVATE PROPERTYA. A person shall not operate any vehicle on unpaved public property within the Town without lawful authority. LawfUl authority shall consist of rules, regulations, or orders of a federal agency, this state, a county or municipality,which shall be made availableto the public by any one ofthe following: 1. A sign to designate the property islas open. Such sign shall be in compliancewith the standard travel management sign protocol used by SouthwestLand ManagementAgencies and shall at a minimum be conspicuouslyplaced at all points of vehicular access and contain the following information: "Travel Must Remain On Designated Routes." Copies ofthe standard travel management sign protocol are available for review at the Maricopa County Air Quality Department, 1001North Central Avenue, Phoenix, 

### AZ, 85004. 

### 2. Orders of a government land management agency. 3. Most current maps approvedby such government land management agency. 4. Virtual posting from a governmentland management agency. 

### B. A person shall not operate any vehicle on unpaved private property within the Town without the consent ofthe lawful owner. Consent ofthe lawful owner consists of either or both ofthe following: 1. 

### A signto designate the property islas open. Such sign shall be in compliance with the standard travel management sign protocol used by Southwest Land Management Agencies and shall at a minimumbe conspicuously placed at all points ofvehicular access and contain the following information: "Travel Must Remain On Designated Routes." Copies of the standard travel management sign protocol are availablefor review at the Maricopa County Air Quality Department, 1001North Central Avenue, Phoenix, 

### AZ, 85004. 

### 2. Prior written permission which contains the following: (a) The name, address, and telephone number of the person granting permission for the use oftheproperty; (b) A description of the interestthe person granting permission has in the property (i.e., property owner, lessee, or agent); (c) If the person grantingpermission is not the owner ofthe property, the written permission shall also contain the name, address, and telephone number ofthe property owner; (d) Specifythe period oftime for which permission for the use of the property is being granted; and(e) The signature ofthe person granting permission for the use of the property. C. Whenever any person is stopped by an Enforcement Officer for a violation of Section 8-11-5 of this Ordinance,helshe shall, upon the request of the Enforcement Officer identify or present the lawful authority or consent of the lawful owner required in this section. 

### D. The property owner, person entitledto immediate possession of the property, or invitee who has lawful authoritymay operate such vehicles on the property if such use does not violate any other applicable laws. E. For the purposes of this section,unpaved public or unpaved private property does not includeroads or highways. 

### Section 8-11-6. UNPAVED PARKING LOTS A. All owners/operatorsof an existingunpaved commercialparking lot shall stabilize the surface area(s) of the lot on which vehicles enter and park by implementing one of the followingmeasures after first obtaining approval of the Town Engineer or designee: (1) pave; (2) apply chemical/organic stabilizers in sufficient concentrationand frequency to maintain a stabilized surface; or (3) apply and maintain surface gravel uniformly to stabilize the surface. 

### B. All owners/operators shall maintainparking, maneuvering, ingress and egress areas at developmentsother than residential buildings with four or fewer units with one or more of the followingdustproofpaving methods: 

### 1. asphaltic concrete 2. cement concrete 3. penetration treatment ofbituminous material and seal coat ofbituminous binder and a mineral aggregate 

### 4. a stabilizationmethod approved by the Town 

### C. All owners/operatorsshall maintainparking, maneuvering, ingress and egress areas that are three thousand square feet or more in size at residential buildings with four or fewer units with a paving or stabilizationmethod authorizedby the Town Code or permit. 

### Section 8-11-7. LEAF BLOWER RESTRICTIONS It shall be unlawful to blow landscape debris into public roadways at any time by any person.Section 8-11-8. 

### COMPLIANCE MONITORING A. Right of Entry: Inspection The Town shall be permitted to enter and inspect property subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. 1. If a property owner has security measures in force, which require proper identification and clearance before entry into its premises, the property owner shall make the necessary arrangements to allow access to representatives ofthe Town. 2. Any temporary or permanent obstruction to safe and easy access to the property to be inspected shall be promptly removed by the property owner at the written or oral request of the Town and shall not be replaced. The costs of such access shall be borne by the property owner. 

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

### C. Exemption This Ordinance shall not apply during a period of emergency or if the operation is directed by a peace officer or other public authority. Section 8-11-9. 

### VIOLATIONS, ENFORCEMENT, AND PENALTIES A. A person who violates this Ordinance is guilty of a class 

### 3 misdemeanor. 

### B. In addition to or in lieu of a fine pursuant to this section, a judge may order the person to perform at least eight but not more than twenty-four hours of community restitution or to complete an approved safety course related to the off-highway operation of motor vehicles, or both. 

### B. For violations ofthis Ordinance,the Enforcement Officer shall use a uniform traffic ticket and complaint prescribed by the rules ofprocedure in civil traffic cases adopted by the Supreme Court. The Enforcement Officer may issue a citation to persons in violation of this Ordinance.

### Section 8-1 1-10. VIOLATIONSDEEMED A PUBLIC NUISANCE In addition to the enforcement process and penalties provided, any condition caused or permitted to exist in violation of any ofthe provisions ofthis ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, andor a 

### civil actionto abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. Section 8-11-11. REMEDIES NOT EXCLUSIVE Theremedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion ofthe Town to seek cumulative remedies. The Town may recover all attorney's fees, court costs and other expenses associated with enforcement ofthis ordinance, including monitoring expenses. Section 8-11-12. COMPATIBILITYWITH OTHER REGULATIONS This ordinanceis not intended to modify or repeal any other ordinance, rule, regulation, 

### o: other provision of law. The requirementsofthis ordinance are in addition to the requirementsof any other ordinance,rule, regulation, or other provision of law, and where any provision ofthis ordinance imposes restrictions different from those imposed by any other ordinance,rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. Section 8-11-13. SEVERABILITY The provisions ofthis ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph ofthis ordinanceor the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application ofthis ordinance.

PASSED AND ADOPTED by the Mayor and Council of the Town of Paradise Valley, Arizona, this 2othday of December 2007.

Ed Winkler, Mayor

SIGNEDAND ATTESTED TO THIS 

### 20 DAY OF ~eceuur 

## b cvr 2007.

0'\Ordu1ances:2007!59X doc1 ATTEST: 2

6 7 8 9 APPROVED 

### AS TO FORM: 10 

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### CERTIFICATION 20 21 

### I, Duncan Miller, Town Clerk, certify that the foregoing is a true copy of Ordinance 22 Number 598 duly passed and adopted by affirmativevote of the Town Council of Paradise 23 Valley at a meeting held on the 2othday of December, 2007. Passage of this Ordinance 24 appears in the minutes of the meeting. The Ordinance has not been rescinded or modified 25 and is now in effect. 

### I further certify that the municipal corporation is duly organized and 26 existing, and has the power to take the action calledfor by the Ordinance. 27