## City 

# of Phoenix OFFICE OF ENVIRONMENTAL PROGRAMS


### May 8,2008

Ms. Diane Arnst Planning Section Manager Arizona Departmentof EnvironmentalQuality 11

### 10West Washington Street Phoenix, Arizona 85007 Dear Ms. Arnst: The attached document is provided in respoliseto the ADEQ recent requestfor copies of Codes and Ordinanceswhich demonstrate compliance with the requirement of Senate Bill 1552 (Arizona Laws 2007, Chapter 292). Our assistant City Attorney has carefully reviewedthe 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 inthe 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 Documents2007\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 theCity of Phoenix meets the requirements ofAZRevised 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 areprovided only to reflect the history of amendments as documented 

### in the footnotes ofthe 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 andpetroleum 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 anypart ofthepublicly 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 torelease to a publicly owned right-of-way or public storm drain system any substance that isnot 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 asprovided in paragraph (d)or (e) ofthis section. 

### City Code Reference Phoenix City Code Chapter 32C Stormwater Protection

OrdNo. G-3589 November 

### 4, 1992 

### Topic

Leaf Blower Restrictions Banblowing into streets

### Text ControlMeasure Citation Topic Authorized

-

City ofPhoenix Codes and Ordinances in Compliancewith SenateBill 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 DustproofPaving: parking, maneuvering, ingress and egress areas maintained by paving with 

### And Ord. No. G-3377 one ofthe following methods: 

### (1) asphaltic concrete, (2) cement concrete, (3)penetration 

### A.R.S. 99-500.04.A.7 November 28, 1990 treatment ofbituminous material and seal coat ofbituminous binder and a mineral aggregate, or Zoning Code (4) the equivalent ofthe above as approved by the Zoning Administrator. 

### Require dustproof paving (31 0 pages) 

### or stabilizationat 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 11, $ 1 June 2,2004 

### Section 702 Ord. No. G-4156, $1 February 

### 3, 1999 (See Section 202 above) methods ofdustproofingparlung and maneuvering areas are permitted: (1) a smooth layer of crushed rock or gravelno smallerthan 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 ofthe 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 shallbe maintained in a dustproofed condition. Ifmore than the above prescribed area ofthe front yard is surfaced with a similar dustproof material, theparking and maneuvering area within the front yard and side yards adjoining theprimary structure shall be delineated with a permanent border. (2) Allparking and maneuvering areas on a residential lot, except single-family or duplex residential, shall have dustproofpaving. (3) All parlung and maneuvering areas on a non-residential lot shall have dustproofpaving. Thisincludes areas of a lot used to storepneumatically tired vehicles and lots for used cars. (4) Dustproof paving or surfacing shall be provided on any such lotsby April 20, 1999or the effective date ofthe original City zoning. The Zoning Administrator may approve an alternate schedule for single-family or duplex residential uses ifthere are extenuating circumstances. 

### ingress areas (Commercial multifamily and residential units)

### City ofPhoenix Codes and Ordinances in Compliance with Senate Bill 1552 Page 3 

### Control Measure Authorized Text Citation

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 ofthe following methods: asphaltic concrete, cement concrete,penetratibn treatment ofbituminous material and seal coat of bituminous binder and a mineral aggregate, orthe 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 dustproofifcovered by a smooth layer of crushed rock or gravelno smaller than one-quarter-inch and no longer than three-quarters-inch maintained to a minimum depth oftwo inches and contained within a permanent border or by an alternative surface treatment as approved by theZoning Administrator that will equal or exceed the dustproof characteristic ofthe above listed alternatives.



### Also see City Code Section 36-62: Operation of Vehicles on Vacant Land (below).City ofPhoenix Codes and Ordinances in Compliancewith SenateBill 1552 Page 

### 4 

### ControlMeasure 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 unlawhllymeans an act of a person who enters or remains 

### on premises when such person's purpose for soentering 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

VehicleUse 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