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- 1 1 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 Leaf blowers 

10-7-2 Unpaved Areas 

10-7-3 Exemptions 

10-7-4 Compliance Monitoring 

Section 10-7-1 Leaf blowers 

A. It shall be unlawful for any person operating a leaf blower to blow landscape 

debris or dust into a public roadway. 

B. Leaf or air blowers used for landscape maintenance having a 50 cubic centimeter 

engine or larger are prohibited. 

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 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. 

B. Parking, maneuvering, ingress and egress areas 3,000 square feet or more in size 

at residential buildings with four or fewer units shall be maintained 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. 

Section 10-7-3 Exemptions 

The provisions of Sections 10-7- 1 and 10-7-2 do not apply to any site that has a pennit issued by 

a control officer as defined in Arizona Revised Statutes Section 49-471, as amended, for the 

control of fugitive dust from dust generating operations. 

p' Section 10-7-4 Compliance Monitoring 

A. Right of Entry; Inspection 

The Town Manager or authorized designee shall be permitted to enter and inspect 

property subject to subject to the provisions set forth in this Section as often as 

may be necessary to determine compliance 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 

the Town. 

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 

borne by the property owner or occupant. 
B. Search Warrants 

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 any court of competent jurisdiction. 

SECTION 2. That the Fountain Hil,ls Town Code, Chapter 12, Traffic, Section 12-2-1 1, 

Operation of Vehicles on Vacant Lots, is hereby amended as follows: 

Section 12-211 Operation of Vehicles on Vacant Lots 

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 DUST FROM DUST GENERATING OPERATIONS. 

B. NO PERSON SHALL OPERATE ANY VEHICLE, INCLUDING AN OFFHIGHWAY VEHICLE, AN ALL-TERRAIN VEHICLE, OR AN OFF-ROAD 

RECREATIONAL MOTOR VEHICLE, ON AN UNPAVED SURFACE THAT 

IS NOT A PUBLIC OR PRIVATE ROAD, STREET OR LAWFUL EASEMENT 

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 

COURSE OF GOVERNMENT OPERATIONS. 

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 OF A COMMUNITY RESTITUTION COURSE OR 

(2) COMPLETE AN APPROVED SAFETY COURSE RELATED TO THE 

OFF-HIGHWAY OPERATION OF MOTOR 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 of the rcmitining portions of this Ordinrtncc. 

I'ASSED AND ADOIYSISD by the Mayor ancl C'ouncil ou the Town oi Fountain Hills. 

Arizona, March 6,2008. 

1;OR TI113 TOWN IIII,J,S: A'l"115S'SISI) 'I'O: 

ItEVIEWED HY: AIBPROVEI) n 

AS TO FORM: 

c J. McCluirc, Town Allorncy