## Town of Youngtown I

12030 Clubhouse Square Phone: 6231933-8286 (1 1 2th Avenue 8Alabama 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 110West Washington Street Phoenix, AZ 85007 Dear Ms. Wrona: Enclosed is a copy of Youngtown Ordinance08-04 Air Quality implementing SB 1552 passed by the Common Council of the Town of Youngtown on February21,2008. If you have additional questions, please call at 6231933-8286 XI03. 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'

(1' -#I, ," 

### 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 8.28DUST CONTROL, BY AMENDING SECTION 8.28.0 10DEFINITIONS, SECTION 8.28.020DUST CONTROL MEASURES GENERALLY, 

### AND ADDING

### NEW SECTIONS 8.28.030PARKINGRESTRICTIONS ON VACANT LOTS, 8.28.040 OPERATIONOF VEHICLES ON UNPAVED PUBLIC 

### AND PRJVATE PROPERT,Y, 8.28.060 LEAF BLOWER RESTRICTIONS, 8.28.070COMPLIANCE MONITORING,

### AND 8.28.080 VIOLATIONDEEMED A PUBLIC NUISANCE; RENUMBERING SECTION 8.28.030 DUST CONTROLDURING WEED ABATEMENT ACTMTIES AS SECTION 8.28.050, ALL RELATING TO IMPROVING THE 

### AIR QUALITY THROUGH MITIGATING DUST ON PRTVATE 

### AND PUBLICLAND 

### AND PROVIDING PENALTIES FOR VIOLATIONS;PROVIDING FOR REPEAL OF CONFLICTINGORDINANCES; PROVIDING FOR SEVERABILITY;

### AND DECLARING

### AN EMERGENCY. WHEREAS, Chapter 292 adopted by the 2007 Arizona Legislature requiresthe Town to adopt certain 

### air quality measures related to FugitiveDust and PM-I0 particles: and WHEREAS, the Town desires to promote the health, safety, and general welfare ofTown citizens and visitors by improving 

### air quality through the regulation ofFugitive Dust and PM-10 particles; and WHEREAS, the Town wishes to control the introductionofFugitive Dust and PM-10 into the 

### airby any Town resident or visitor, NOW THEREFORE,BE IT ORDAINED by theMayor and Common Council of the Town ofYoungtown, Arizona, as follows: SectionI. 

### In General. The Code ofYoungtown, Arizona, Title 8

## Health Chapter 8.28 

### Control. by amending Section 8.28.010Definitions and Section 8.28.020Dust ControlMeasures Generally, and adding new Sections 8.28.030Parking Restrictions On Vacant Lots, 8.28.040 Overation OfVehicles On Unpaved Public And PrivateProperty, 8.28.060LdBlower Restrictions, 8.28.070 Compm and 8.28.080 Violation Deemed A Public Nuisance, and renumbering Section 8.28.030Dust ControlDuring Weed Abatement Activitiesto read as follows (deletionsin 

### stdecmt;additions in 

### ALL CAPS):OrdinanceNo. 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 EVIDENCINGTHAT 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 GOVERNMENTLAND MANAGEMENT AGENCY BY ORDER, SIGN, AND/OR MAP APPROVED BY SUCH AGENCY. "DUST FREEMEANS THAT THE PARKING SURFACE HAS BEEN PAVED WITH CONCRETE OR ASPHALT PAVING MATERIAL APPROVED BY THE TOWN BUILDING INSPECTOR. "FUGITIVE DUST" MEANS THE PARTICULATEMATTER NOT COLLECTED BY A CAPTURE SYSTEM, THAT IS ENTRAINED IN THE AMBIENT AIR 

### AND IS CAUSEDFROM 

### 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 VEHICLEMEANS 

### ANY SELF-PROPELLED CONVEYANCE SPECIFICALLYDESIGNED FOR OFF-ROADOrdinance 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 RESPONSIBLEFOR ADVERSE HEALTH EFFECTSBECAUSE OF THEIR ABILITY TO REACH THE LOWER REGIONS OF THE RESPIRATORY TRACT. THE PM10 STANDARD INCLUDESPARTICLES WITH A DIAMETER OF 10MICROMETERS OR LESS (0.0004INCHES OR ONESEVENTHTHE WIDTH OF AHUMANHAIR). "PREMISES' MEANS 

### ANY BUILDING, LOT PARCEL OF LAND, OR PORTION OF LAND WHETHER IMPROVED OR UNIMPROVED INCLUDINGADJACENT SIDEWALKSAND PARKING STRIPS. "ROAD OR MGHWAY" MEANS THEENTIRE WlDTH BETWEEN THE BOUNDARYLmS OF EVERY WAY PUBLICLY MAINTAINED BY THE TOWN IF ANY PART OF THE WAY IS GENERALLY OPEN TO THEUSE 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 PARKINGLOT" MEANS ANY AREA LARGER THAN 3,000 SQUARE FEET THAT ISNOT PAVED 

### AND THAT IS USED FOR PARKING, MANEUVERING, OR STORINGVEHICLES, INCLUDING OFF-ROAD VEHICLES.OrdinanceNo. 08-04 Page 4 of 12 "VACANT LOT" MEANS 

### ANY OF THE FOLLOWING: (1) AN UNSUBDIVIDED OR UNDEVELOPED TRACT OF LAND; (2) A SUBDIVIDEDRESIDENTIAL, 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 ISNOT A ROAD OR HIGHWAY. \ "VEHICLE MEANS A SELFPROPELLED 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 shallbe dust 

### free and shallbe completed before the town will issue an occupancy permit.

EXISTINGCOMMERCIALUNPAVED PARKINGLOT SHALL STABILIZE THE SURFACEAREA(S) OF THE LOT ON WHICH VEHICLES ENTER 

### AND PARK BY IMPLEMENTING ONE OF THE FOLLOWINGMEASURES AFTERFIRST OBTANNGAPPROVAL OF 

### THE TOWN ENGINEER OR DESIGNEE: (1) PAVE WITH CONCRETE OR ASPHALT PAVINGMATERIAL; (2) APPLY CHEMICALIORGANIC STABILIZERS IN SUFFICIENT CONCENTRATION AND FREQUENCY TO MAINTAINA STABILIZED SURFACE; OR (3) APPLY AND MAINTAIN SURFACE GRAVEL UNIFORMLY TO STABILIZETHE SURFACE.OrdinanceNo. 08-04 Page 5 of 12 ALL PERSONS IN CONTROL SHALL MAINTAINPARKING, MANEUVERING, INGRESS AND EGRESS AREAS AT NON-RESIDENTIAL DEVELOPMENTS WITH THREE OR FEWER UNITS WITH'ONE OR MORE OF THE FOLLOWINGDUSTPROOF PAVING METHODS: 1. ASPHALTIC CONCRETE 2. CEMENT CONCRETE

1 3. PENETRATIONTREATMENT OF BITUMINOUS MATERIAL

### AND SEAL COAT OF BITUMINOUS BINDER AND A MZNERAL AGGREGATE 4. A STABILIZATIONMETHOD 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 proofthe lot prior to, and during and subsequent to the special event. No specialuse permit shall be issued until such dust proofing is 

### in place. SECTION 8.28.030 PARKING RESTRICTION ON VACANT LOTS. IT SHALLBE 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 EITHERERECT 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 VEHtCULARACCESS TO THE VACANT LOT IF MORE THAN ONE COMPLAINTIS RECEIVED ABOUT UNAUTHORIZEDVEHICULAR ACCESS ON THE PROPERTY. THIS SECTION DOES NOT APPLY TO SITES THAT HAVE BEEN ISSUED A COUNTY DUSTOrdinance 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 FEDERALAGENCY, THIS STATE, A COUNTY OR MUNICIPALITY, WHICH SHALLBE MADE AVAILABLE TO THE PUBLIC BY ANY ONE OF THE FOLLOWING: 1. A SIGN TO DESIGNATE THE PROPERTYIS OPEN TO SUCH USE. SUCH SIGN SHALLBE IN COMPLIANCE WITH THE STANDARD TRAVEL MANAGEMENT SIGNPROTOCOL 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 STANDARDTRAVEL MANAGEMENT SIGNPROTOCOLARE AVAILABLE FOR REVIEW AT THE MARICOPA COUNTYAIR QUALITY DEPARTMEIVT, 1001NORTH 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 POSTINGFROM A GOVERNMENTLAND MANAGEMENT AGENCY. B. A PERSON SHALLNOT OPERATE

### ANY VEHICLE, INCLUDINGBUT NOT LIMITED TO AN OFF-ROAD VEHICLE, ON UNPAVED PRIVATEPROPERTYWITHIN 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 GRANTINGPERMISSION 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 SUCHVEHICLE USE 

### WITHIN THE TOWNWITHOUT THE WRITTEN CONSENT OF THE PERSON IN CONTROL. CONSENT OF THE PERSON IN CONTROL SHALLINCLUDE THE FOLLOWING: 1. THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE PERSON GRANTINGPERMISSION FOR THE USE OF THE PROPERTY; 2. DESCRIBE THE INTEREST THEPERSON GRANTINGPERMISSIONHAS IN THEPROPERTY (SUCH AS A PROPERTY OWNER, LESSEE, OR AGENT); 3. SPECIFY THE PERIOD OF TIME FOR WHICH PERMISSION FOR THE USE OF THE PROPERTYIS BEING GRANTED; AND 4. THE SIGNATURE OF THE PERSON GRANTING PERMISSION FOR THE USE OF THE PROPERTY. D. WHENEVER ANY PERSON IS STOPPEDBY 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 IFOrdnanceNo.08-04 Page 8 of 12 SUCH USE DOES NOT VIOLATE ANY OTHER APPLICABLE LAWS. F. THIS SECTION SHALLNOT 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 SHALLBE VISIBLE AND READABLE BY THE PUBLICWITHOUT HAVING TO BE ASKED BY THE PUBLIC (SUCH AS INCLUDING OR POSTINGA SIGN ON THE VEHICLE OR IN THE VEXCLE IWNDOMT THAT 

### IS VISIBLE TO THE PUBLIC). G. THIS SECTION SHALLNOT 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 FACILITIESFOR THE PROVISION OF RAILROAD SERVICE. H. FOR THE PURPOSES OF THIS SECTION, UNPAVED PUBLIC OR UNPAVED PRIVATE PROPERTY DOES NOT INCLUDE ROADS ORHIGHWAYS. Section 8.28.0350 Dust control duringweed abatement activities. The following dust control measures SHAUbe applied when weed abatement activities are occurring. The evaw PERSON IN CONTROL of suchvacant lot shall: 

### A First apply dust suppressants to the total surface area subject to disturbance prior to or duringweed 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.OrdinanceNo. 08-04 Page 9 of 12
Any PERSON IN CONTROL of a disturbed vacant lot that remains vacant for morethan fifteen (15) 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 BLOWLANDSCAPE DEBRIS INTO ROADS. \ SECTION 8.28.070 COMPLIANCEMONITORING. 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 WHICHREQUIRE 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 TEMPORARYOR PERMAJWNT OBSTRUCTION TO SAFE AND EASY ACCESS TO THE PROPERTYTO BE INSPECTED SHALL BE PROMPTLY REMOVED BY THE PROPERTY OWNER AT THE WRITTEN OR ORALREQUEST OF THE TOWN 

### AND SHALLNOT BE REPLACED. THE COSTS OF SUCH ACCESS SHALL BE BORNE BY THE PERSON 

### IN CONTROL. B. SEARCHWARRANTS: 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 OVERALLPUBLIC HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY, THE TOWN MAY SEEKOrdinance 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, SUCHMORE RESTRICTIVE OR HIGHER PROTECTIVE PROVISIONS SHALL CONTROL.

1 D. EXEMPTION: THIS CHAPTER SHALL NOT APPLY DURING A PERIOD OF EMERGENCY OR 

### IF 

### THE OPERATIONISDIRECTED 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 CHAPTERIS A THREAT TO PUBLIC HEALTH, SAFETY 

### AND WELFARE 

### AND IS DEEMED A NUISANCE, SUBJECT TO 

### THE ABATEMENT PROCEDURES SETFORTH IN CHAPTER 8.32OF THIS TITLE.

Section 11. Providingfor Reveal of Conflicting Ordinances. All ordinances 

### and parts of ordinances

### in conflictwith the provisions ofthis Ordinance or any part ofthe Code adopted herein by reference are hereby repealed.OrdinanceNo. 08-04 Page 11of 12 Section 

### III. Providing for Severabilitv. If any section, subsection, sentence, clause, phrase or portion ofthis Ordinance or any part ofthe 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 affectthe validity of the remaining portions thereof. Section

### JY. Declaring an Emergency. The immediate operation ofthe p~ovisions ofthis Ordinance is necessary for the preservation of the public peace, health and safety ofthe Town, and an emergency is hereby declared to exist. This Ordinance shallbe in full force and effect fiom and after its passage, adoption and approval by the Common Council ofthe Town.

PASSED AND ADOPTED by the Common Council ofthe Town ofYoungtown, Arizona, this 21" day ofFebruary, 2008, by the following vote: AYES: 5 NAYES: 

### Q ABSENT: - EXCUSED: 1 ABSTAINED: 

### - APPROVED this 21st day ofFebruary, 2008. .\

ATTEST:

APPROVEJI AS TO FORM:

Udall & Schwab, P.L.C. Town AttorneysOrdinanceNo. 08-04 Page 12 of 12

I, LETTY GOLDBERG, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ORDINANCENO. 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.

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