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 

1 1 10 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 of the 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not been rescinded or modified and is now in effect.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 598 
OFFICIAL RECORDS OF 

When recorded, MARE 2 h A'f '0: 3 6 MARICOPA COUNTY RECORDER 

Paradise Valley Town Attorney HELEN PURCELL 

6401 East Lincoln Drive 

Paradise Valley, Arizona 85253 20071 33431 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 PENALTIES FOR 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 8-1 1-7 

Section 8-11-8 

Section 8-11-9 

Section 8-1 1-10 

Section 8-1 1-1 1 

Section 8-11-12 

Section 8-11-13 

AIR QUALITY AND FUGITIVE DUST 

PURPOSEmVTENT 

DEFINITIONS 

RESPONSIBILITY FOR ADMINISTRATION 

PARKING RESTRICTION ON VACANT LOTS 

OPERATION OF VEHICLES ON PUBLIC AND PRIVATE 

PROPERTY 

UNPAVED PARKING LOTS 

LEAF BLOWER RESTRICTIONS 

COMPLIANCE MONITORING 

VIOLATIONS, ENFORCEMENT, AND PENALTIES 

VIOLATIONS DEEMED A PUBLIC NUISANCE 

REMEDIES NOT EXCLUSIVE 

COMPATIBILITY WITH OTHER REGULATIONS 

SEVERABILITY 
Section 8-11-1. PURPOSEANTENT 

The purpose of this 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-I 0 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 of this ordinance are: 

A. To regulate the contribution of Fugitive Dust and PM-10 from any Town 

resident, developer or visitor. 

B. To establish legal authority to carry out all inspection, surveillance, 

monitoring, and enforcement procedures necessary to ensure compliance 

with this ordinance. 

Section 8-1 1-2. DEFINITIONS 

For the purposes of this 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 agency by 

order, sign, and/or map approved by such agency. 

"Fugitive Dust" - means the particulate matter not collected by 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 of their ability to reach the lower regions of the respiratory tract. The PM10 standard includes particles with a diameter of 10 micrometers 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 of the 

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 of the 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 

PROPERTY 
A. 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 

available to the public by any one of the following: 

1. A sign to 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 minimum be 

conspicuously placed at all points of vehicular access and contain the 

following information: "Travel Must Remain On Designated Routes." 

Copies of the standard travel management sign protocol are available for 

review at the Maricopa County Air Quality Department, 1001 North Central 

Avenue, Phoenix, AZ, 85004. 

2. Orders of a government land management agency. 

3. Most current maps approved by such government land management agency. 

4. Virtual posting from a government land management agency. 

B. A person shall not operate any vehicle on unpaved private property within the 

Town without the consent of the lawful owner. Consent of the lawful owner 

consists of either or both of the following: 

1. A sign to 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 minimum be conspicuously placed at 

all points of vehicular access and contain the following information: 

"Travel Must Remain On Designated Routes." Copies of the standard travel 

management sign protocol are available for review at the Maricopa County 

Air Quality Department, 1001 North 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 of the property; 

(b) A description of the interest the person granting permission has in the 

property (i.e., property owner, lessee, or agent); 

(c) If the person granting permission is not the owner of the property, the 

written permission shall also contain the name, address, and telephone number of the 

property owner; 

(d) Specify the period of time for which permission for the use of the 

property is being granted; and 
(e) The signature of the person granting permission for the use of the 

property. 

C. Whenever any person is stopped by an Enforcement Officer for a violation of 

Section 8-1 1-5 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 entitled to immediate possession of the property, or 

invitee who has lawful authority may 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 include roads or highways. 

Section 8-11-6. UNPAVED PARKING LOTS 

A. All owners/operators of an existing unpaved commercial parking lot shall 

stabilize the surface area(s) of the lot on which vehicles enter and park by 

implementing one of the following measures after first obtaining approval of the 

Town Engineer or designee: (1) pave; (2) apply chemical/organic stabilizers in 

sufficient concentration and frequency to maintain a stabilized surface; or (3) 

apply and maintain surface gravel uniformly to stabilize the surface. 

B. All owners/operators shall maintain parking, maneuvering, ingress and egress 

areas at developments other than residential buildings with four or fewer units 

with one or more of the following dustproof paving methods: 

1. asphaltic concrete 

2. cement concrete 

3. penetration treatment of bituminous material and seal coat of bituminous 

binder and a mineral aggregate 

4. a stabilization method approved by the Town 

C. All owners/operators shall maintain parking, 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 stabilization method authorized by 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 of the 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 

If the 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 of this 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 of the 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 of this Ordinance, the Enforcement Officer shall use a 

uniform traffic ticket and complaint prescribed by the rules of procedure 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. VIOLATIONS DEEMED A PUBLIC NUISANCE 

In addition to the enforcement process and penalties provided, any condition caused or 

permitted to exist in violation of any of the provisions of this 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 action to abate, enjoin, or 

otherwise compel the cessation of such nuisance may be taken. 

Section 8-11-11. REMEDIES NOT EXCLUSIVE 

The remedies 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 of the Town to 

seek cumulative remedies. 

The Town may recover all attorney's fees, court costs and other expenses associated with 

enforcement of this ordinance, including monitoring expenses. 

Section 8-11-12. COMPATIBILITY WITH OTHER REGULATIONS 

This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, o: 

other provision of law. The requirements of this ordinance are in addition to the 

requirements of any other ordinance, rule, regulation, or other provision of law, and where 

any provision of this 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 of this ordinance are hereby declared to be severable. If any provision, 

clause, sentence, or paragraph of this ordinance or the application thereof to any person, 

establishment, or circumstances shall be held invalid, such invalidity shall not affect the 

other provisions or application of this ordinance. 

PASSED AND ADOPTED by the Mayor and Council of the Town of Paradise Valley, 

Arizona, this 2oth day of December 2007. 

Ed Winkler, Mayor 

SIGNED AND ATTESTED TO THIS 20 DAY OF ~eceuur b cvr 2007. 

0'\Ordu1ances:2007!59X doc 
1 ATTEST: 

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9 APPROVED AS TO FORM: 

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19 CERTIFICATION 

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21 I, Duncan Miller, Town Clerk, certify that the foregoing is a true copy of Ordinance 

22 Number 598 duly passed and adopted by affirmative vote of the Town Council of Paradise 

23 Valley at a meeting held on the 2oth day 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 called for by the Ordinance. 

27