ORDINANCE NO. 08-05 AN ORDINANCE OF THE MAYOR AND COUNCIL OF 

### THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 10, HEALTH AND SANITATION, BY ADDING A NEW ARTICLE 10-7, DUST AND AIRBORNE PARTICULATE CONTROL AND BY AMENDING CHAPTER 12, TRAFFIC, BY REVISING SECTION 12-2-11 RELATING TO THE OPERATION OF OFF-ROAD VEHICLES. 

### BE IT ORDAINED BY 

### THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Fountain Hills Town Code, Chapter 10, Health and Sanitation is hereby amended adding a new Article 10-7, Dust and Airborne Particulate Control, to read 

### as follows: Article 10-7 DUST AND AIRBORNE PARTICULATE CONTROL Sections: 10-7-1 Leafblowers 10-7-2 Unpaved Areas 

### 10-7-3 Exemptions 10-7-4 ComplianceMonitoring Section 10-7-1 Leafblowers A. It shall be unlawful for any person operating a leaf blower to blow landscape debrisordust into a public roadway. 

### B. Leaf or air blowers used for landscape maintenance having a 50 cubic centimeter engine or largerareprohibited. Section 10-7-2 Unpaved Areas A. Parking, maneuvering, ingress and egress areas at developments other than residential buildings with four or fewer units shall be maintained with one or more ofthe following dustproofpaving methods: 1. Asphaltic concrete. 2. Cement concrete.3. Penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate. 4. Astabilizationmethod approvedby the Town. 

### B. Parking, maneuvering, ingress and egress areas 

### 3,000square feet or more in size at residential buildings with four or fewer units shall be maintained with one or more of the followingdustproof paving methods: 1. Asphaltic concrete. 2. Cementconcrete. 

### 3. Penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate. 4. A stabilization method approvedby theTown. 

### Section 10-7-3 Exemptions Theprovisionsof Sections 

### 10-7- 1and 

### 10-7-2 do not apply to any sitethat has apennit issued by a control officer as defined in Arizona Revised Statutes Section 49-471, 

### as amended, for the control of fugitivedust from dust generating operations. 

# p' Section 10-7-4 ComplianceMonitoring A. Right ofEntry; Inspection TheTown Manager or authorized designee shallbe permitted to enter 

### andinspect property subject to subject to the provisions set forth in this Section 

### as often 

### as may be necessary to determinecompliance with this Article. 1. If a property owner or occupant has security measures in place on the

### property that require proper identification and clearance before entry into the property, the property owner or occupant shall make the necessary arrangements to allow access to representatives of theTown. 2. Any temporary or permanent obstruction to safe and convenient access to the property to be inspected shall be promptly removed by the property owner or occupant upon request of the Town Manager or authorized designee and shall not be replaced until the inspection is complete. The costs to provide such access shall be borneby the property owneroroccupant.

### B. SearchWarrants If the Town Manager or authorized designee has been refused access to any part of the property believed to be in violation of this Article, and hdshe is able to demonstrate probable cause that there may be a violation of any provision of this Article, or that there is a need to verify compliance with this Article or 

### any order issued hereunder,or to protect the overall public health, safety and welfare of the community, the Town Manager or authorized designee may seek issuance of a search warrant from anycourtofcompetent jurisdiction. SECTION 2. That the Fountain Hil,lsTown Code, Chapter 12,Traffic, Section 12-2-1 1, Operationof Vehicles on Vacant Lots, ishereby amended 

### as follows: 

### Section 12-211 Operationof

### Vehicles 

### onVacantLots A. No person shall operate a vehicle on or across my,OR PARK ON any portion of AN UNPAVED OR UNSTABILIZED vacant lot



## . .. OR AREA TOWN CODE OR THE TOWN ZONING ORDINANCE OR THE SITE HAS BEEN ISSUED A MARICOPA COUNTY PERMIT FOR THE CONTROL OF FUGITIVE DUSTFROM DUSTGENERATING OPERATIONS. B. NO PERSON SHALL OPERATE ANY VEHICLE, INCLUDING AN OFFHIGHWAY VEHICLE, AN ALL-TERRAIN VEHICLE, OR AN OFF-ROAD RECREATIONALMOTOR VEHICLE, ON AN UNPAVED SURFACETHAT IS NOT A PUBLICOR PRIVATE ROAD, STREETOR LAWFULEASEMENT AND THAT IS CLOSED BY (1) THE LANDOWNER BY RULE OR REGULATION OF A FEDERAL AGENCY, THIS STATE, A COUNTY OR MUNICIPALITY OR (2) PROPER POSTING IF THE LAND IS PRIVATE LAND. C. THIS SECTION DOES NOT APPLY TO THE OPERATION OF VEHICLES USED IN THE NORMAL COURSE OF BUSINESS OR THE NORMAL COURSEOFGOVERNMENTOPERATIONS. 

### D. A PERSON WHO VIOLATES THIS SECTION 12-2-1

### 1 IS GUILTY OF A CLASS 

### 3 MISDEMEANOR. IN ADDITION TO OR 

### IN LEU OF A FINE PURSUANT TO THIS SECTION 12-2-11, A JUDGE MAY ORDER A PERSON TO (I) PERFORM AT LEAST EIGHT BUT NOT MORE THAN TWENTY-FOUR HOURS OFA COMMUNITY RESTITUTION COURSE OR (2) COMPLETE AN APPROVED SAFETY 

### COURSE RELATED TO THE OFF-HIGHWAY OPERATIONOFMOTOR VEHICLES, OR BOTH.st+=-. SECTION 3. That, if any provision or any portion of any provision of this Ordinance is for any rcason held to be unconstilution:tl or otherwise uncnforcci~l~lc by a court of com~7etent jurisdiction, such provision or portion thcrcof shall bc dccmed separate, distinct and indcpcndcnt of the remaining provisions of this Ordinnncc and shall be sevcrcd therefrom without affecting the validity ofthe rcmitiningportions of this Ordinrtncc. I'ASSED 

### AND ADOIYSISDby the Mayor ancl C'ouncil ou the Town oiFountain Hills. Arizona,March 6,2008. 1;OR TI113 TOWN IIII,J,S: A'l"115S'SISI) 'I'O:

ItEVIEWED HY: AIBPROVEI) 

### ASTO FORM: n

J. McCluirc,Town Allorncy 

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