Town of Youngtown I 

12030 Clubhouse Square Phone: 6231933-8286 

(1 1 2th Avenue 8 Alabama Avenue) Fa: 6231933-5951 

Youngtown, AZ 85363 www:youngtown@youngtownaz.org 

April 21, 2008 

Ms. Nancy Wrona, Director 

Air Quality Division 

Arizona Department of Environmental Quality 

1 1 10 West Washington Street 

Phoenix, AZ 85007 

Dear Ms. Wrona: 

Enclosed is a copy of Youngtown Ordinance 08-04 Air Quality implementing SB 1552 

passed by the Common Council of the Town of Youngtown on February 21,2008. 

If you have additional questions, please call at 6231933-8286 XI 03. 

Sincerely, -7 n 

Letty oldb berg 

Town ClerkITreasurer 

Cc: Town Manager Lloyce Robinson (wlo enclosure) 

Acting Public Works Director Mark Hannah (wlo enclosure) 

Enclosure (1 ) 

"8 CL;r;)E' -#I, (1' ," 

ORDINANCE NO. 08-04 O8 4~ " .'. /,tl!/ 

? 48 /Q: 

AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL, 

OF THE TOWN OF YOUNGTOWN, ARIZONA, AMENDING THE 

CODE OF YOUNGTOWN, ARIZONA, TITLE 8 HEALTH AND 

SAFETY, CHAPTER 8.28 DUST CONTROL, BY AMENDING 

SECTION 8.28.0 10 DEFINITIONS, SECTION 8.28.020 DUST 

CONTROL MEASURES GENERALLY, AND ADDING NEW 

SECTIONS 8.28.030 PARKING RESTRICTIONS ON VACANT 

LOTS, 8.28.040 OPERATION OF VEHICLES ON UNPAVED 

PUBLIC AND PRJVATE PROPERT,Y, 8.28.060 LEAF BLOWER 

RESTRICTIONS, 8.28.070 COMPLIANCE MONITORING, AND 

8.28.080 VIOLATION DEEMED A PUBLIC NUISANCE; 

RENUMBERING SECTION 8.28.030 DUST CONTROL DURING 

WEED ABATEMENT ACTMTIES AS SECTION 8.28.050, ALL 

RELATING TO IMPROVING THE AIR QUALITY THROUGH 

MITIGATING DUST ON PRTVATE AND PUBLIC LAND AND 

PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR 

REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR 

SEVERABILITY; AND DECLARING AN EMERGENCY. 

WHEREAS, Chapter 292 adopted by the 2007 Arizona Legislature requires the 

Town to adopt certain air quality measures related to Fugitive Dust and PM-I0 particles: and 

WHEREAS, the Town desires to promote the health, safety, and general welfare 

of Town citizens and visitors by improving air quality through the regulation of Fugitive Dust and 

PM-10 particles; and 

WHEREAS, the Town wishes to control the introduction of Fugitive Dust and 

PM-10 into the air by any Town resident or visitor, 

NOW THEREFORE, BE IT ORDAINED by the Mayor and Common Council of 

the Town of Youngtown, Arizona, as follows: 

Section I. In General. 

The Code of Youngtown, Arizona, Title 8 Health Chapter 8.28 

Control. by amending Section 8.28.010 Definitions and Section 8.28.020 Dust Control Measures 

Generally, and adding new Sections 8.28.030 Parking Restrictions On Vacant Lots, 8.28.040 

Overation Of Vehicles On Unpaved Public And Private Property, 8.28.060 LdBlower 

Restrictions, 8.28.070 Compm and 8.28.080 Violation Deemed A Public 

Nuisance, and renumbering Section 8.28.030 Dust Control During Weed Abatement Activities to 

read as follows (deletions in stdecmt; additions in ALL CAPS): 
Ordinance No. 08-04 

Page 2 of 12 

8.28.010 Definitions. 

As used in this chapter: 

"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 QWITY 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. 

"DUST FREE MEANS THAT THE PARKING SURFACE HAS 

BEEN PAVED WITH CONCRETE OR ASPHALT PAVING 

MATERIAL APPROVED BY THE TOWN BUILDING 

INSPECTOR. 

"FUGITIVE DUST" MEANS THE PARTICULATE MATTER 

NOT COLLECTED BY A CAPTURE SYSTEM, THAT IS 

ENTRAINED IN THE AMBIENT AIR AND IS CAUSED FROM 

HUMAN AND/OR NATURAL ACTIVITTES, 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 

FROM 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 OFF-ROAD 
Ordinance No. 08-04 

Page 3 of 12 

USE, INCLUDING, BUT NOT LIMITED TO, OFF-ROAD OR 

ALL TERRAIN EQUIPMENT, TRUCKS, CARS, 

MOTORCYCLES, MOTORBIKES, OR MOTOR BUGGIES. 

"PERSON" MEANS ANY INDIVIDUAL, ASSOCIATION, 

ORGANIZATION, PARTNERSHIP, FIRM, CORPORATION OR 

OTHER ENTITY RECOGNIZED BY LAW. 

"PERSON IN CONTROL" MEANS A PERSON WHO HAS POSSESSION OR 

THE USE AND ENJOYMENT OF PROPERTY, WHETHER OR NOT SAID 

PERSON IS THE OWNER OF THE PROPERTY. \ 

"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 ONESEVENTH THE WIDTH OF A HUMAN HAIR). 

"PREMISES' MEANS ANY BUILDING, LOT PARCEL OF 

LAND, OR PORTION OF LAND WHETHER IMPROVED OR 

UNIMPROVED INCLUDING ADJACENT SIDEWALKS AND 

PARKING STRIPS. 

"ROAD OR MGHWAY" MEANS THE ENTIRE WlDTH 

BETWEEN THE BOUNDARY LmS OF EVERY WAY 

PUBLICLY MAINTAINED BY THE TOWN 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 

MGHWAY" INCLUDES DESIGNATED OR OPENED TRAIL 

SYSTEMS AND SERVICE ROADS REGARDLESS OF 

SURFACE COMPOSITION. 

"TOWN" MEANS THE TOWN OF YOUNGTOWN, ARIZONA. 

"UNPAVED PARKING LOT" MEANS ANY AREA LARGER 

THAN 3,000 SQUARE FEET THAT IS NOT PAVED AND 

THAT IS USED FOR PARKING, MANEUVERING, OR 

STORING VEHICLES, INCLUDING OFF-ROAD VEHICLES. 
Ordinance No. 08-04 

Page 4 of 12 

"VACANT LOT" MEANS ANY OF THE FOLLOWING: (1) AN 

UNSUBDIVIDED OR UNDEVELOPED TRACT OF LAND; (2) 

A SUBDIVIDED RESIDENTIAL, INDUSTRIAL, 

INSTITUTIONAL, GOWBNMENTAL, 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, INCLUDING, BUT NOT 

LIMITED TO, OFF-ROAD VEHICLES. 

8.28.020 0 DUST CONTROL 

RELATING TO PARKING RESTRICTIONS ON VACANT 

LOTS AND PARKING LOTS. 

A. All improved parking LOTS AND structures for new 

construction shall be dust free and shall be completed before the 

town will issue an occupancy permit. 

EXISTING COMMERCIAL UNPAVED 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 

OBTANNG APPROVAL OF THE TOWN ENGINEER OR 

DESIGNEE: (1) PAVE WITH CONCRETE OR ASPHALT 

PAVING MATERIAL; (2) APPLY CHEMICALIORGANIC 

STABILIZERS IN SUFFICIENT CONCENTRATION AND 

FREQUENCY TO MAINTAIN A STABILIZED SURFACE; OR 

(3) APPLY AND MAINTAIN SURFACE GRAVEL 

UNIFORMLY TO STABILIZE THE SURFACE. 
Ordinance No. 08-04 

Page 5 of 12 

ALL PERSONS IN CONTROL SHALL 

MAINTAIN PARKING, MANEUVERING, INGRESS AND 

EGRESS AREAS AT NON-RESIDENTIAL DEVELOPMENTS 

WITH THREE OR FEWER UNITS WITH' ONE OR MORE OF 

THE FOLLOWING DUSTPROOF PAVING METHODS: 

1. ASPHALTIC CONCRETE 

2. CEMENT CONCRETE 

1 

3. PENETRATION TREATMENT OF BITUMINOUS 

MATERIAL AND SEAL COAT OF BITUMINOUS BINDER 

AND A MZNERAL AGGREGATE 

4. A STABILIZATION METHOD APPROVED BY THE 

TOWN 

D. ALL PERSONS IN CONTROI, SHALL MAINTAIN 

PARKING, MANEUVERING, INGRESS AND EGRESS AREAS 

THAT ARE THREE THOUSAND SQUARE FEET OR MORE 

IN SIZE AT RESIDENTIAL BUILDINGS WITH THREE OR 

FEWER UNITS WITH A PAVING OR STABILIZATION 

METHOD AUTHORIZED BY THIS CHAPTER. 

ED. The r\,,mntn PERSON IN CONTROL of any lot 

on which vehicles will be parked for the purposes of any special 

event shall dust proof the lot prior to, and during and subsequent to 

the special event. No special use permit shall be issued until such 

dust proofing is in place. 

SECTION 8.28.030 PARKING RESTRICTION ON VACANT LOTS. 

IT SHALL BE UNLAWFUL TO PARK OR USE A VEHICLE, 

INCLUDING AN OFF-ROAD VEHICLE, ON A VACANT LOT 

WITHIN THE TOWN. IF A VACANT LOT IS IN EXCESS OF FIVE 

ACRES, THE PERSON IN CONTROL OF THE VACANT LOT SHALL 

EITHER ERECT A SPLIT RAIL-TYPE FENCE OR DITCH AND 

BERM THE PERIMETER OF THE VACANT LOT TO PREVENT 

VEHtCULAR ACCESS. PERSONS IN CONTROL OF VACANT LOTS 

LESS THAN 5 ACRES MAY BE REQUIRED TO ERECT A SPLIT 

RAIL-TYPE FENCE OR TAKE OTHER ACTIONS TO PROHIBIT 

VEHtCULAR 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 
Ordinance No. 08-04 

Page G of 12 

CONTROL PERMIT 

SECTION 8.28.040 OPERATION OF VEHICLES ON PUBLIC 

AND PRIVATE PROPERTY. 

A. A PERSON SHALL NOT OPERATE ANY VEHICLE, INCLUDING 

BUT NOT LIMITED TO AN OFF-ROAD 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 IS OPEN TO SUCH 

USE. 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 Oi; 

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 DEPARTMEIVT, 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, 

INCLUDING BUT NOT LIMITED TO AN OFF-ROAD 

VEHICLE, ON UNPAVED PRIVATE PROPERTY WITHIN 

THE TOWN WITHOUT THE WRITTEN CONSENT OF THE 

PERSON IN CONTROL CONSENT OF THE PERSON IN 

CONTROL SHALL INCLUDE THE FOLLOWING: 

1. THE NAME, ADDRESS, AND TELEPHONE 

NUMBER OF THE PERSON GRANTING PERMISSION FOR 

THE USE OF THE PROPERTY; 
Ordinance No. 08-04 

Page 7 of 12 

2. DESCRIBE THE INTEREST THE PERSON 

GRANTING PERMISSION HAS IN THE PROPERTY (I.E., 

PROPERTY OWNER, LESSEE, OR AGENT); 

3. SPECIFY THE PERIOD OF TIME FOR WHICH 

PERMISSION FOR THE USE OF THE PROPERTY IS BEING 

GRANTED; AND 

4. THE SIGNATLIRE OF THE PERSON GRANTING 

PERMISSION FOR THE USE OF THE PROPERTY. 

C. NO PERSON SHALL OPERATE AN OFF-ROAD 

VEHICLE ON PAVED OR UNPAVED PRIVATE OR PUBLIC 

PROPERTY THAT IS NOT HELD OPEN TO THE PUBLIC 

FOR SUCH VEHICLE USE WITHIN THE TOWN WITHOUT 

THE WRITTEN CONSENT OF THE PERSON IN CONTROL. 

CONSENT OF THE PERSON IN CONTROL SHALL INCLUDE 

THE FOLLOWING: 

1. THE NAME, ADDRESS, AND TELEPHONE 

NUMBER OF THE PERSON GRANTING PERMISSION FOR 

THE USE OF THE PROPERTY; 

2. DESCRIBE THE INTEREST THEPERSON 

GRANTING PERMISSION HAS IN THE PROPERTY (SUCH 

AS A PROPERTY OWNER, LESSEE, OR AGENT); 

3. SPECIFY THE PERIOD OF TIME FOR WHICH 

PERMISSION FOR THE USE OF THE PROPERTY IS BEING 

GRANTED; AND 

4. THE SIGNATURE OF THE PERSON GRANTING 

PERMISSION FOR THE USE OF THE PROPERTY. 

D. WHENEVER ANY PERSON IS STOPPED BY AN 

ENFORCEMENT OFFICER FOR A SUSPECTED VIOLATION 

OF THIS CHAPTER, HEISHE SHALL, UPON THE REQUEST 

OF THE ENFORCEMENT OFFICER, IDENTIFY OR PRESENT 

THE LAWnTL AUTHORITY OR CONSENT OF THE PERSON 

IN CONTROL REQUIRED IN THIS SECTION. 

E. THE PERSON IN CONTROL OF PROPERTY OR A 

PERSON AUTHORIZED BY THE PERSON IN CONTROL 

MAY OPERATE SUCH VEHICLES ON THE PROPERTY IF 
Ordnance No. 08-04 

Page 8 of 12 

SUCH USE DOES NOT VIOLATE ANY OTHER APPLICABLE 

LAWS. 

F. THIS SECTION SHALL NOT APPLY TO OPERATIONS 

DIRECTED BY UTILITIES FOR OPERATION, 

DISTRIBUTION, AND TRANSMISSION SYSTEMS 

PROVIDED THAT BOTH OF THE FOLLOWING 

CONDITIONS ARE MET: 

1. OPERATIONS ARE PBRFORMED IN, OR USING, A 

MARKED COMPANY VEHICLE; AND 

2. IF OPERATIONS ARE PERFORMED IN, OR 

USING, A PERSONAL VEHICLE, THEN IDENTIFICATION 

OF THE COMPANY SHALL BE VISIBLE AND READABLE 

BY THE PUBLIC WITHOUT HAVING TO BE ASKED BY 

THE PUBLIC (SUCH AS INCLUDING OR POSTING A SIGN 

ON THE VEHICLE OR IN THE VEXCLE IWNDOMT THAT IS 

VISIBLE TO THE PUBLIC). 

G. THIS SECTION SHALL NOT PROHIBIT THE USE OF A 

VEHICLE THAT IS EITHER DESIGNED PRIMARILY FOR 

TRAVEL ON, OVER, OR IN THE WATER, OR IS USED IN 

INSTALLATION, INSPECTION, hMUWENANCE, REPAIR 

OR REPEATED ACTMTIES INVOLVING FACILITIES FOR 

THE PROVISION OF RAILROAD SERVICE. 

H. FOR THE PURPOSES OF THIS SECTION, UNPAVED 

PUBLIC OR UNPAVED PRIVATE PROPERTY DOES NOT 

INCLUDE ROADS OR HIGHWAYS. 

Section 8.28.0350 Dust control during weed abatement activities. 

The following dust control measures SHAU be applied when weed 

abatement activities are occurring. The evaw PERSON IN CONTROL of 

such vacant lot shall: 

A First apply dust suppressants to the total surface area subject to 

disturbance prior to or during weed abatement; 

B. Prevent or eliminate material tracked out onto paved surfaces; 

C. Immediately apply dust suppressants, gravel compaction or alternative 

control measures following weed abatement to the entire disturbed surface 

area such that the surface is stabilized. 
Ordinance No. 08-04 

Page 9 of 12 

Any PERSON IN CONTROL of a disturbed vacant lot 

that remains vacant for more than fifteen (1 5) days must either establish a 

ground cover vegetation on all disturbed surface areas, apply a dust 

supplement to all disturbed surface areas, restore to a natural state, or 

apply and maintain surface gravel to stabilize all disturbed surfaces. 

SECTION 8.28.060 LEAF BLOWER RESTRICTIONS. 

IT SHALL BE UNLAWFUL FOR ANY PERSON TO USE LEAF 

BLOWERS TO BLOW LANDSCAPE DEBRIS INTO ROADS. \ 

SECTION 8.28.070 COMPLIANCE MONITORING. 

A. RIGHT OF ENTRY: INSPECTION 

THE TOWN SHALL BE PERMITTED TO ENTER AND 

INSPECT PROPERTY SUBJECT TO REGULATION UNDER 

THIS CHAPTER WHEN NECESSARY TO DETElWllBE 

COMPLIANCE WITH THIS CHAPTER. 

1. IF A PERSON IN CONTROL HAS SECURITY 

MEASURES IN FORCE WHICH REQUIRE PROPER 

IDENTIFICATION AND CLEARANCE BEFORE ENTRY INTO 

ITS PROPERTY, THE PERSON IN CONTROL SHALL MAKE 

THE NECESSARY ARRANGEMENTS TO ALLOW ACCESS 

TO REPRESENTATIVES OF THE TOWN. 

2. ANY TEMPORARY OR PERMAJWNT 

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 PERSON IN CONTROL. 

B. SEARCH WARRANTS: IF THE TOWN HAS BEEN 

REFUSED ACCESS TO ANY PART OF THE PREMISES AND 

THE TOWN IS ABLE TO DEMONSTRATE PROBABLE 

CAUSE TO BELIEVE THAT THERE MAY BE A VIOLATION 

OF THIS ORDINANCE ON THE PREMISES, OR THAT 

THERE IS A NEED TO VERIEY COMPLIANCE WITH THIS 

CHAPTER OR ANY ORDER ISSUED HEREUNDER, OR TO 

PROTECT THE OVERALL PUBLIC HEALTH, SAFETY, AND 

WELFARE OF THE COMMUNITY, THE TOWN MAY SEEK 
Ordinance No. 08-04 

Page 10 of 12 

ISSUANCE OF A SEARCH WARRANT FROM ANY COURT 

OF COMPETENT JURISDICTION. 

C. IF ANY OTHER ORDINANCE, RULE, REGULATION, 

OR OTHER PROVISION OF LAW IMPOSES MORE 

RESTRICTIVE OR HIGHER PROTECTIVE STANDARDS FOR 

HUMAN HEALTH OR THE ENVIRONMENT, SUCH MORE 

RESTRICTIVE OR HIGHER PROTECTIVE PROVISIONS 

SHALL CONTROL. 1 

D. EXEMPTION: THIS CHAPTER SHALL NOT APPLY 

DURING A PERIOD OF EMERGENCY OR IF THE 

OPERATION IS DIRECTED BY A PEACE OFFICER OR 

OTHER PUBLIC AUTHORITY. 

SECTION 8.28.080 PENALTIES: VIOLATION A PUBLIC 

NUISANCE. 

IN ADDITION TO THE ENFORCEMENT PROCESS AND 

PENALTIES PROVIDED IN ARTICLE 1, CHAPTER 1.12 OF 

THIS CODE, ANY CONDITION CAUSED OR PERMITTED 

TO EXIST IN VIOLATION OF ANY OF THE PROVISION OF 

THIS CHAPTER IS A THREAT TO PUBLIC HEALTH, 

SAFETY AND WELFARE AND IS DEEMED A NUISANCE, 

SUBJECT TO THE ABATEMENT PROCEDURES SET FORTH 

IN CHAPTER 8.32 OF THIS TITLE. 

Section 11. Providing for Reveal of Conflicting Ordinances. 

All ordinances and parts of ordinances in conflict with the provisions of this 

Ordinance or any part of the Code adopted herein by reference are hereby repealed. 
Ordinance No. 08-04 

Page 11 of 12 

Section III. Providing for Severabilitv. 

If any section, subsection, sentence, clause, phrase or portion of this Ordinance or 

any part of the Code adopted herein by reference is for any reason held to be invalid or 

unconstitutional by the decision of any court of competent jurisdiction, such decision shall not 

affect the validity of the remaining portions thereof. 

Section JY. Declaring an Emergency. 

The immediate operation of the p~ovisions of this Ordinance is necessary for the 

preservation of the public peace, health and safety of the Town, and an emergency is hereby 

declared to exist. This Ordinance shall be in full force and effect fiom and after its passage, 

adoption and approval by the Common Council of the Town. 

PASSED AND ADOPTED by the Common Council of the Town of Youngtown, 

Arizona, this 21" day of February, 2008, by the following vote: 

AYES: 5 

NAYES: Q ABSENT: - 

EXCUSED: 1 ABSTAINED: - 

APPROVED this 21 st day of February, 2008. .\ 

ATTEST: 

APPROVEJI AS TO FORM: 

Udall & Schwab, P.L.C. 

Town Attorneys 
Ordinance No. 08-04 

Page 12 of 12 

I, LETTY GOLDBERG, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND 

CORRECT COPY OF THE ORDINANCE NO. 08-04 ADOPTED BY THE COMMON 

COUNCIL OF THE TOWN OF YOUNGTOWN ON THE 21st DAY OF FEBRUARY, 2008, 

WAS POSTED IN THREE PLACES ON THE 22nd DAY OF FEBRUARY, 2008. 

F:\1753\Chdii\Air Quality MAG chdhance 2-1348.doc \