City of Phoenix 

OFFICE OF ENVIRONMENTAL PROGRAMS 

May 8,2008 

Ms. Diane Arnst 

Planning Section Manager 

Arizona Department of Environmental Quality 

1 1 10 West Washington Street 

Phoenix, Arizona 85007 

Dear Ms. Arnst: 

The attached document is provided in respolise to the ADEQ recent request for copies 

of Codes and Ordinances which demonstrate compliance with the requirement of 

Senate Bill 1552 (Arizona Laws 2007, Chapter 292). 

Our assistant City Attorney has carefully reviewed the City of Phoenix Codes and 

Phoenix Zoning Code and found that existing codes fully meet the requirements of the 

law. The attached document provides the applicable language as well as the specific 

ordinances that have amended the Code over the past several decades. Because all of 

the applicable sections have been adopted, they have all been codified in the existing 

City Code and Zoning Code. The references to the ordinances are provided to reflect 

the history documented in the footnotes of the existing codes. 

Please contact me if you have any questions. 

Sincerelv 

Gaye ~nbht, MPA; MT 

Air Quality Specialist 

Attachment 

R:Mir\SIP PM Plan Documents 2007\Code References Submittal Letter May 2008.doc 

200 West Washington Street, 14th Floor Phoenix, Arizona 85003 602-256-5669 TTY: 602-534-5500 

www.phoenix.gov 
City of Phoenix 

Dust Control Codes and Ordinances 

The City of Phoenix Code and Zoning Code sections provided below are submitted as documentation that the City of Phoenix meets 

the requirements of AZ Revised Statute (A.R.S.) 9-500.04.A.5 though 9-500.04.A.8 and 9-500.27. All of the applicable sections have 

been adopted by City Council and have been codified in the existing City Code and Zoning Code. The references to the ordinances 

are provided only to reflect the history of amendments as documented in the footnotes of the existing codes. The individual 

ordinances have not been included in any City of Phoenix Resolution adopted for submittal as a commitment in the AZ State 

Implementation Plan (SIP). 

A.R.S. Reference 

A.R.S. $9-500.A.5 

Ban Leaf blower debris 

in public Roads 

City Code Citation 

Definitions. Section 32C-101 

As used in this chapter, the following terms shall have the designated meanings. 

(d) Pollutant means solid, liquid, gaseous, or other substances that can alter the chemical or 

physical properties of water, including but not limited to: fluids, solid wastes, pesticides, 

herbicides, fertilizers, solvents, sludge, petroleum and petroleum products, biological materials, 

radioactive materials, sand, dirt, animal wastes, acids, and bases. 

(e) Pollution means the presence of pollutants on land or in stormwater. 

(f) Public storm drain system means all or any part of the publicly owned storm drains, 

basins, ditches, pipes, graded areas, and gutters located within easements, rights-of-way, parks, 

streets, roads, or highways, or in common areas of real property leased fiom the City of 

Phoenix, that are used for collecting, retaining, or conveying stormwater. 

(g) Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, 

injecting, placing, leaching, dumping, or disposing into or on any land in a manner that 

significant materials, pollutants, or stormwater may come to be located in a public storm drain 

system. 

Prohibited Practices. Sec. 32C-103. 

(b) It shall be unlawhl for any person to release to a publicly owned right-of-way or public 

storm drain system any substance that is not composed entirely of stormwater except (i) 

releases pursuant to a NPDES permit, (ii) releases resulting fiom firefighting and street 

maintenance activities, and (iii) releases of materials as provided in paragraph (d) or (e) of this 

section. 

City Code 

Reference 

Phoenix City Code 

Chapter 32C 

Stormwater 

Protection 

Ord No. G-3589 

November 4, 1992 

Topic 

Leaf Blower 

Restrictions 

Ban blowing into 

streets 
Text Control Measure Citation Topic 

- 

Authorized 

City of Phoenix Codes and Ordinances in Compliance with Senate Bill 1552 

City Code Topic City Code Citation A.R.S. Reference Reference 

Phoenix Zoning Parking Lot Section 202 Definitions: A.R.S. 89-500.04.A.6 

Code Standards Dustproof Paving: parking, maneuvering, ingress and egress areas maintained by paving with And 

Ord. No. G-3377 one of the following methods: (1) asphaltic concrete, (2) cement concrete, (3) penetration A.R.S. 99-500.04.A.7 

November 28, 1990 treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate, or 

Zoning Code (4) the equivalent of the above as approved by the Zoning Administrator. Require dustproof paving 

(3 1 0 pages) or stabilization at 

Dustproof Surface: For single-family and duplex residential uses, the following alternative parking maneuvering 

Page 2 

Section 202 

Ord. No. G-3663, $1 

June 30,1993 

Ord. No. G-4156, !j 1 

February 3, 1999 

Ord. No. G-4498, $1 

February 19,2003 

Ord No G 4532, $1 

July 2,2003 

Ord. No. G-4566, $ 1 

December 17,2003 

Ord. No. G-46 1 1, $ 1 

June 2,2004 

Section 702 

Ord. No. G-4156, $1 

February 3, 1999 

(See Section 202 

above) 

methods of dustproofing parlung and maneuvering areas are permitted: (1) a smooth layer of 

crushed rock or gravel no smaller than one-quarter inch and no larger than three-quarters of an 

inch maintained to a minimum depth of two inches, contained within a permanent border or (2) 

an alternative surface treatment as approved by the Zoning Administrator that will equal or 

exceed the dust free characteristics of the above listed alternatives. 

Section 702(A)(2)(d): 

Dustproofing and paving 

(1) All parking and maneuvering areas within the front yard and side yards adjoining a 

primary residential structure shall be maintained in a dustproofed condition. If more than the 

above prescribed area of the front yard is surfaced with a similar dustproof material, the parking 

and maneuvering area within the front yard and side yards adjoining the primary structure shall 

be delineated with a permanent border. 

(2) All parking and maneuvering areas on a residential lot, except single-family or duplex 

residential, shall have dustproof paving. 

(3) All parlung and maneuvering areas on a non-residential lot shall have dustproof paving. 

This includes areas of a lot used to store pneumatically tired vehicles and lots for used cars. 

(4) Dustproof paving or surfacing shall be provided on any such lots by April 20, 1999 or the 

effective date of the original City zoning. The Zoning Administrator may approve an alternate 

schedule for single-family or duplex residential uses if there are extenuating circumstances. 

ingress areas 

(Commercial multifamily 

and residential units) 
City of Phoenix Codes and Ordinances in Compliance with Senate Bill 1552 Page 3 

Control Measure 

Authorized Citation Text 

A.R.S. Reference 

A.R.S. 69-500.04.kS 

Restrict vehicle use and 

parking on unpaved and 

unstabilized lots. 

City Code 

Reference 

Phoenix City Code 

Chapter 39: 

Neighborhood 

Preservation 

Ord. No. G-3859, $3 

May 31, 1995 

Ord. No. G-4037, $1 

July 2, 1997 

Ord. No. G-4079, $5* 

March 18, 1998 

Ord. No. G-4266, $5 

May 3,2000 

Ord. No. G-4370, $2 

June 27,2001 

Ord. No. G-4446, $4* 

June 26,2002 

Ord. No. G-46 16, $1 

June 9,2004 

Ord. No. G-4715, $2 

June 22,2005 

* Ordinance referenced in 

City Code but amendment 

does not change section 

39-7.G 

Topic 

Topic 

Vehicle Use 

on 

Vacant Lots 

and 

Vehicle Parking 

on 

on Vacant Lots 

City Code Citation 

Section 39-7 Exterior premises and vacant land 

39-7.G Parking areas: Motor vehicles or trailers shall not be parked, maneuvered or stored 

upon a lot or area within the City which is not dustproof. 

1. "Dustproof' shall mean that a lot or area is maintained by paving with one of the following 

methods: asphaltic concrete, cement concrete, penetratibn treatment of bituminous material and 

seal coat of bituminous binder and a mineral aggregate, or the equivalent as approved by the 

Zoning Administrator. 

2. An area which encompasses all or part of a residential lot which contains one single family 

or duplex residential unit is also dustproof if covered by a smooth layer of crushed rock or 

gravel no smaller than one-quarter-inch and no longer than three-quarters-inch maintained to a 

minimum depth of two inches and contained within a permanent border or by an alternative 

surface treatment as approved by the Zoning Administrator that will equal or exceed the 

dustproof characteristic of the above listed alternatives. 

Also see City Code Section 36-62: Operation of Vehicles on Vacant Land (below). 
City of Phoenix Codes and Ordinances in Compliance with Senate Bill 1552 Page 4 

Control Measure 

Authorized Citation 

City Code 

Reference 

Phoenix City Code 

Chapter 36: Vehicles 

and Traffic 

Ord. No. G 476 

August 7, 1962 

Ord. No. G 888 

October 22, 1968 

Ord. No. G 900 

December 17, 1968 

Phoenix City Code 

Chapter 23: 

Morals and Conduct 

Ord. No. G 1776 

February 7, 1978 

Ord. No. G 1868 

October 10, 1978 

Topic 

City Code Citation 

Chapter 36 

Section 36-62: Vehicle use: No person shall operate a vehicle on or across any portion of a 

vacant lot other than an established dustproof driveway. 

Chapter 23 

Section 23-85.01(A) Criminal Trespass 

Definitions 

1. Enter or remain unlawhlly means an act of a person who enters or remains on premises 

when such person's purpose for so entering or remaining is not licensed, authorized or 

otherwise privileged. 

A. (Not applicable) 

B. The following acts shall constitute criminal trespass and any person who commits any of 

these acts shall be guilty of a misdemeanor. 

1. Entering or remaining unlawfblly on any real property after a reasonable request to leave by 

the owner or any other person having lawfUl control over such property, or reasonable notice 

prohibiting entry. 

Also see City Code Section 36-62: Operation of Vehicles on Vacant Land (above). 

Topic 

Vehicle Use 

on 

Vacant Lots 

Vehicle Use 

on 

Closed Unpaved 

Roads 

Text 

A.R.S. Reference 

A.R.S. 59-500.04.A.8 

Restrict vehicle use and 

parking on unpaved and 

unstabilized lots. 

And 

A.R.S. 59-500.27 

Ban vehicle use on 

unpaved roads that are 

posted and closed by the 

owner. 

A.R.S. 59-500.27 

Ban vehicle use on 

unpaved roads that are 

posted and closed by the 

owner