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### CFQ 

### AiA 

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# City ofPeoria Engineering 8401West Monroe Street, Peoria, Arizona 85345 Ph: 623-773-7210 Fax: 623-773-7211

April 28, 2008

Arizona Departmentof Environmental Quality Ms. Diane Arnst, Planning Section Manager ADEQ Air Quality Division 111 0W. WashingtonStreet Phoenix,AZ 85007 Re: PM-10 Ordinance Dear Ms.Arnst: Peryour request, enclosed for your reference isthe PM-10 Ordinance, No. 07-41. Ifyou haveany questions, please contact Peter Christensenat 623-773-7681 or via email at Peter.christensen@~eoriaaz.qov. Sincerely,

Enclosure

### ORDINANCE NO. 07-41 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA AMENDING CHAPTER 2 OF THE PEORIA ClTY CODE (1992) BY AMENDING SECTION 2-65 PERTAINING TO THE ClTY MANAGER; POWERS AND DUTIES AND AMENDING CHAPTER 13 OF THE PEORIA ClTY CODE BY AMENDING SECTION 13-24 PERTAINING TO CRIMINAL NUISANCES; PLACING INJURIOUS MATERIALS; VIOLATIONS AND BY AMENDING SECTION 13-25 PERTAINING TO CRIMINAL NUISANCES; USE OF VEHICLES ON VACANT PROPERTY AND BY RENUMBERING EXISTING SECTION 13-26 PERTAINING TO EMERGENCY TELEPHONE SERVICE; MISUSE OF; VlOLArlONS TO SECTION 13-72 AND BY ENACTING SECTION 13-26 PERTAINING TO CRIMINAL NUISANCES; USE OF 

### LEAF BLOWERS AND AMENDING CHAPTER 17 OF THE PEORIA ClTY CODE (1992) BY AMENDING SECTION 17-3 PERTAINING TO PUBLIC NUISANCES; PROHIBITIONS AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THEREFORE, it is ordained by the Mayor and Council of the City of Peoria as follows: SECTION 1. Chapter 2 of the Peoria City Code (1992) is amended by amending Section 

### 2-65 pertaining to City Manager; powers and duties and which shall read as follows: Sec. 2-65. City Manager; powers and duties. (a) The City Manager is the administrative head of city government under the direction and control of the Council, except as otherwise provided in this &tkk.Cha~ter. The City Manager shall be responsible for the efficient administration of all the affairs of the City which are under histher control. In addition to hidher general powers an administrative head, and not as a limitation thereon, the City Manager shall exercise the following powers and duties: (1) Law Enforcement. To see that all franchises, contracts, permits and privileges granted by the Councilarefaithfullyobserved. (2) Authority over Employees. To direct and supervise the deputy city manager, department directors and employees of the city under hisher jurisdiction through the deputycity managers andlor department directors.Ordinance No. 07-41 Page 2 of 11



### (3) PowerofAppointment and Removal. (a) To appoint deputy city managers, department directors and division managers, subject to the approval of the City Council of the deputy city managers and department directors. The city manager may delegate the appointment and promotions of employees in departments under hislher supervision tothe deputy city managersandlordepartment director. (b) To remove and discipline department directors at his will and division managers, subject to the right of division managers to appeal. The city manager may delegate the removal and discipline of employees in departments under his supervision to the deputy city manager andlor department director, except the final approval of removal and discipline after a predisciplinaryhearing. (c) The City Manager shall submit requests for retitle of positions, rerange of positions, reclassification of employees and salary adjustments to the personnel review committee in accordancewith this chapter. (4) Administrative Reorganization of Offices. To conduct studies and recommend to the Council such administrative reorganization of officers, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct ofthe City's business. 

### (5) Ordinances. To recommend to the Council for adoption such measures and ordinances as he deems necessary. 

### (6) Attendance at Council Meetings. To attend all meetings of the Council unless they are excused from attending bythe Mayor individuallyorthe Council. (7) ExpenditureControl. To see that no expendituresshall be made bythe Crty unless such expenditures are in accordance with the provisions of this code, administrative regulations and adopted policies. (8) Investigationsand Complaints. To make investigations into the affairs of the City and any department or divisionthereof; to investigateall complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities inthe City. 

### (9) Public Buildings. To exercise general authorii over all public buildings, parksand other public property underthe controlandjurisdiction of the Council. (10 Wdjust W rk Hou the work hours and duty assianments of anv and upfog October 1. and endina A~ril 1. in ordertoOrdinance No. 07-41 Page 3 of 11

-veeger shall use his best efforts tm withaabut the final determination shall besolelvthat ofthe Citv Manaaer. (11) Overtime Pay. To a~~thoriie the payment of overtime pay for such employees as maywork in excess of a normal work period. Such rates of pay and periods of work shall be in conformity .with wages and salaries enacted by the Council. (12) Additional Duties. To perform such other duties and exercise such other powers not inconsistent with the laws of the State of Arizona and as may be delegated to the city managerfrom time to time by ordinance or resolution or other official action ofthe council. (b) The 

### Crty Manager is authorized and empowered to delegate any of the powers granted under this section or under the city charter to a deputy city manager or department director. Such delegation shall be inwriting and filed with the city clerk. Upon the change of a City Manager or a delegated employee, the authoritygranted shall cease until it has been redelegated by the City Manager. SECTION 

### 2. Chapter 13 of the Peoria City Code (1992) is amended by amending Section 13-24 pertaining to Criminal Nuisances; placing injurious materials; violationsandwhich shall readas follows: Sec. 13-24. Criminal Nuisances; placing injurious material;violations. (a) It is unlawful to willfully, maliciously, carelessly or negligently drop, throw, placeor scatter upon any street, alley, sidewalkor public place in the city any nails, tacks, broken glass, glass bottles, or any instrument or thing whatsoever of such nature as to be capable of injuring persons or property. 

# * Courtiim~osemm ($1

### 00.001dollars. SECTION 3. Chapter 13 of the Peoria City Code (1992) 

### is amended by amending Section 13-25 pertaining to Criminal Nuisances; use of vehicles on private propertyand which shall read as follows: Sec. 13-25. Criminal Nuisances; useof vehicles onvacant property. (a) It is unlawful for any person to operate a motor vehicle, motorcycle, motor scooter, mini-bike, trail bike, dune buggy, jeep, all terrain vehicle, Rhino or other form of transportation, propelled by an internal combustion engine, upon the vacant unimproved private property of another ,?Ordinance No. 07-41 Page 4 of 11

ei#w.unless the DroDerty has been im~roved or treated in such a manner as to prevent 

### p cv pdune buaav. jeep all terrain vehicle, Rhino or other form of transportation. ~ropelled by an internalcombustion enaine,



### jv violation ofthis se-ptioa (b) A Derson shall have a written license issued bv the owner of the property or 

# w (c) A person who operates a vehicle in the manner for which a license is required shall immediately display such license to any peace officer upon request of such peaceofficer. (d) Each licenseshall: (1) Specrfythe period of time forwhich permission isgranted. 

### (2) Setforth the name of the licensee. (3) Besigned bythe licensor (4) Statethe licensor's interest inthe property. (5) Ifthe licensor is notthe owner of the property, state the owner's name.

-0- punishablebv Criminalor Civil Penalties. 1 Wquent offense within three (31years of the date of the first offense 

### fi) Doll Sraes 

### rs. S im~osed bv the City or State The Court mav for a first offense and shall for a second or subseauent offensen eight hours of community service and com~letion of an 

### a 

## 3 r v d saf c urse lat 

### (2) Inthe alternative. the Citv mavelect to punish a violation of this section bv a 

## p than One Hundred an Fi 15 .OO D llar



### . Of the date of the first offense shall be punishedbv minimum sanction of not less than

### Ordinance No. 07-41 Page 5 of 11


# 1: im~osed bv 

### the Citv or State. The Court mav for a first offense and shall for a 

# c Cf

(e) The City mav exeend such funds as ap~ro~l-iate to ~ost signage adjacentto gq 

# q. SECTION 4. 

### Chapter 13 of the Peoria City 

### Code (1992) is amended by renumbering existing Section 13-26 pertaining to Emergency Telephone Service; misuse of; violations to Section 13-72and which shall read as follows: Sec. 13-72. EmergencyTelephone Service; misuse of; violations. (a) Itshall be unlawfulfor any personto misusethe Emergency Telephone Service. (b) 

### Definitions: (1) Emergency meansa situation inwhich propertyandlor human healthor life are injeopardy and the promptsummoning of aid isessential. (2) EmergencyTelephone Service means a telephone system utilizing a single threedigit number "911"for reportingpolice, fire, medicalor other emergencies. (3) Misuseof the EmergencyTelephone Service means repeatedly calling "911"for non emergency situationsorfalsely reporting an 

### emergencyto "911. (4) 

### Repeatedly meansfour or more times within athirty (30) day period. (c) Violation of this section shall bea classone-misdemeanor. The Court shall impose as restitutionthe amount incurredof any unnecessary response resulting from the misuseofthe EmergencyTelephone System by any Political Subdivisionofthis State or the City. SECTION5. Chapter 

### 13of the Peoria City Code (1992) is amended by enacting Section 13-26 pertaining to Criminal Nuisances; use of leaf blowers and which shall read as follows: Sec. 1 3-26. Criminal Nuisances; useof leaf blowers. Iti nl wf I 

### or n (a--&& ma e htOrdinance No. 0741 Page 6 of 11

blows landsca~e debris, dirt or other debris into a ~ublic roadwav. 

# rn stabilizedwith Asphaltic Concrete. Cement Concrete. Hardsca~e. penetration treatment of bitumlnousrninerabinder aaareaate, sraniteate cover. aravelcover. or 

### aras provided in the permit issued by the Mariwpa County or Arizona De~artment of Environmental Quality ControlOfFicer.



### evws than One Hundre and 

### F' -f not less ,thanThree Hundred ($300.00) Dollars. SECTION 6. Chapter 17 of the Peoria City Code (1992) is amended by amending Section 17-3 pertaining to Public Nuisances; prohibitions and which shall read as follows: Sec. 17-3. Public nuisances; prohibition. The following acts, omissions, conditions, and things in or upon any land or structure in the City constitute public nuisances, the existence of which are hereby prohibited and declaredto be unlawful: (a) It shall be unlawful for any person to cause or allow any abandoned or inoperable vehicleto be stored or placed on, or allowedto remain on, any propertyexcept in complete conformance with the terms of this Subsection. All abandoned or inoperable vehicles or vehicles in residential areas being restored or repaired for longer than 48 consecutive hours within a fourteen (14) consecutive day period, starting the first day the vehicle is located unscreened shall be stored safely within a lawful, permitted enclosed building or structure having a perimeter composed of rigid walls and a roof or screened by a lawful six foot fence, or shall be stored on the premises of a business enterprise operated in a lawful place and manner in accordance with 

### the provisionsof the Peoria City Code where the storage of the vehicle is necessary to the operation of the business enterprise (b) It shall be unlawful to park or store any vehicle within the front, e~ side 

### g 

## rearyard of a single or multi-familv

### fawly residence use unless such parkingor storage is on an improved, dustproof-parking surFace such as concrete asphalt, "chip seal", or crushed rock or aggregate that is a minimum of three inchesthick. All crushed rock or aggregate shall be contained by a permanent border and must be treated with a dust 

### pp. The property owner andlo /e



### ppOrdinance No. 07-41 Page 7 of 1 1

tc Parking within the front yard of a single residence use shall be on or contiguousto a legal driveway provided such parking does not exceed a maximum of 

### 35% of the front yard area, except on lots less than 7,000 square feet in which case the excess vehicle and visitor parking may be located on up to 50% of the front yard. Parkina within the side or hy meetinathe dust~roof reauirementsof this subsection. lc) Anv existina s)g 

# g 

# g g ppe in such 

### a manner as to prevent the release of fugitive dust. The ~ro~erty owner and/or leaal occuDant of the pp pmregate 

## nn (d) It shall be unlawfulto erect or maintainany electric fence or to attachto any fence any glass, nails, metal objects or other materials in such a manner that is likelyto injure any person who comes in contact with such object, or to erect or maintain any barbedwire or razorwire exceptthat no more than three strands of barbed wire or one coil of razor wire not less than six feet and two inches above the ground are permittedat the top of an otherwise lawful fence enclosing a municipal, institutional, or commercial use. Barbed wire fencing is not prohibited on premises larger than one acre used for agricultural or livestock purposes. Barbed wire or razor wire shall not extend beyond the premisespermittedto beenclosed. (e) It shall be unlawful for an owner or occupant to fail to properly repair, replace, or removeany fence, screen wall, or retaining wall visible from the adjacent rightof-way that is collapsed or otherwiseconstitutes a hazard. (f) No person shall place any rubbish, trash, filth, debris, or abandoned construction materials upon any private or public property not owned or operated by said person unless it is

### a solid waste disposalor other facility authorized by law. (g) No person shall deposit, store, or maintain any garbage, junk or an accumulation of materials such as vehicle parts, appliances, indoor furniture, boxes, crates, packing cases, mattresses, bedding, lumber, scrap iron, tin and other metals unless stored safely within a lawful, enclosed building, structure, or screened by a lawful fence or within a trash receptacle in such a manner as to not be visible from public view, except as authorizedfor collection under chapter

### 22 ofthis code. (h) No person shall deposit in, sweep upon, or permit to drain into any public right-of-way, public place, or private right of way open to the public within the City any

### . . Ordinance No. 07-41 Page 8 of 1 1

garbage, junk, obstruction, or similar matter or any hazardous material that impedes passage or isdetrimentalto public health. (i) No owner or occupant of land within the City shall allow plant growth that is dead, dormant, or so dry as to be readilyflammable or combustible on such land that it may constitute afire hazard. (j) No owner or occupant of a parcelof land shall allow thereonweeds or grass either to attain a height in excess of six inches or to create a danger to public health through the breeding or harborage of harmful insectsor other pests. For lots in excess of one acre a firebreak may be used between the adjacent properties and the subject property. (k) Except for weed abatement operations described in Subsection (k) of this Section, noowneror operator responsible forweed abatement on vacant lots shall remove vegetation from any vacant lot by blading, disking, plowing under, or any other means without doingallof thefollowing: (1) Applying a minimum standard three-inch dust suppressant(s)stabilizing the total surface area subject to disturbance immediately before or during the weed abatement. (2) Preventing or eliminating the tracking of dust onto paved surfaces and access pointsadjoining pavedsurfaces. (3) Applying a minimum standard three-inch dust suppressant(s)stabilizing the entire disturbed surface area immediately after the weed removal by compacting the ground or applying gravelor dustsuppressant. (1) Thefollowing are exemptfrom Subsection 

### (j) ofthis Section: (1) Weed abatement operations on any vacant lot with less than 0.50 acre (21,780 square feet) of disturbed surfacearea. 

### (2) Weed abatement operations that received an approved Earth Moving permit under Maricopa County Rule 200, Section 305 (adopted 11/15/93 and as amended). (3) Weed abatement operations performed on any vacant lot or property under the order of a governing agency for the control of a potential fire hazard or otherwise unhealthy condition provided that mowing, cutting, or another similar process is used to maintain weed stubble at least three inches above the soil surface. (m) No person shall offer to sell or plant any mulberrytree (morus alba) or oliveOrdinance No. 07-41 Page 9 of 11

tree (oleaeuropea) in the City unless it is one of the non-pollinating varieties of such trees. The CRy shall maintain a current list of non-pollinating varieties, which shall be available for public review and shall be based on industry standard for non-pollinating varieties, applicable horticulturaland scientific research and data, reviewand evaluation by qualified experts,and other appropriate information. (n) It shall be unlawful for any owner or person having legal occupancy of a residenceor businessto allow any swimming pool or similar body of water to stagnate and thereby become unsafefor its intended usethrougheutrophicationor pollution. For purposes of this Subsection, "pollution" means a condition that exists in water and is characterized by bacterial growth, algae, insect infestation, the remains of litter, debris, garbage, or other foreign matter that, because of its nature or location, constitutes an unhealthy or unsafe. (0) No owner or occupant of a building, structure or land within the City shall permit or fail to eradicate graffiti, as defined in section 13-68 of this code, on any building, structure,wall, sidewalk,fence, sign or other surface visible from any street or other public or privateproperty. (p) No owner or occupant of a vacant or abandoned building or structure within the City shallfail to securethe building or structure against unauthorizedentry. (q) It is unlawful for any person to cause or permit the handling, transporting or disposition of any substance or materials that are likelyto be scattered by the air or wind, or is susceptible to being airborne or wind-borne, or operate or maintain or cause to be operated or maintained, any premise, open area, right of way, storage pile of materials, vehicle or construction, atteration, demolition or wrecking operation, or any other enterprise that involves any materialor substance likely to be scattered by the wind or air or susceptible to being wind-borne or airborne that would be classified as air pollution or unreasonably interferes with the comfortable enjoyment of life or adjacent property. The City may require reasonable precautions to prevent dust emissions prohibited under this sectionwhich may include but are not limitedto thefollowing: (1) ' Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, grading of roads, driveways, and parking lots or the clearing of land. (2) Application and maintenance of asphalt, road oil, water or suitable chemicalson dirt roads, driveways and parking lots, materialstockpiles and other surfaces that can be a source of airborne dust. 

### (3) Installation of hoods, fans and dust collectors to enclose and vent the handling of dusty materials or the use of water, sprays or other acceptable measuresto suppress the dust emissionduring handling. Adequate containment methods shall be employed during sand blasting or other similar operations.Ordinance No. 07-41 Page 10of 11

(r) Decorations shall mean items or objects used to embellish, ornament or enhance any physicalfeatures on private property or buildings thereon in celebration of a holidayor occasion. Decorationsshall meetthe following requirements. (1) Decorations shall not be displayed in such a manner that creates a traffic hazard on city streets, sidewalks, rights of way and other public accesses or to createan obstructionto pedestrian orvehicular traffic. (2) Decorations containing electrical wiring shall be presumed to be hazardous if displayed for more than 120 consecutive days and shall be subject to inspection by the City to determine the condition of the wiring. Decorations containing electricalwiring deemed to be in a state of disrepair or hazardous by the city shall be removed immediately. (s) All property shall be maintainedfrom any conditionsthat contributeto blight, including but not limited to uses or activities customarily conducted or maintained out of publicview, such as clothes lines, animal boarding facilities or other similar conditions. All dirtfrontyards visible from a private roadwayor right ofway shall be landscapedwith rock or grass within sixty days following issuance of a final utility clearance by the City and be maintainedcontinuously insuch condition. (t) Itshall be unlawfulfor any owner or occupant of any real propertyto conduct any sale of new or used merchandise on their property, including but not limited to yard sales, craft sales, garage sales or similar sales inviolationof this section. For purposesof this section, "garage", "yard", "craft", or similar sale is defined as a sale of new or used personal property located on the property prior to the sale. Such sales shall not violate any of thefollowing: (1) Held for a period of more than socty (60) consecutive hours. It shall be presumed that the sale started at the time set forth on any advertisement located identifyingthe proposedsale. (2) Held morethan four times in a calendar or consecutive year. For purposes of measurement, a consecutive year begins on the earliest date on any advertisement located identifying the proposed dale and runs for a period of 365 days following that date. This four time limitation shall apply to the location regardlessof a change inowners or occupantsduring the oneyear period. SECTION 7. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason heldto be invalid or unconstitutionalbythe decision of any Court of competent jurisdiction, such decision shall not affect the validity of the remaining portionsof this Ordinance. SECTION 8. This Ordinance shall become effective in the manner provided by law.

### Ordinance No. 07-41 Page 11of 11

PASSED AND ADOPTED by 

### the Mayor and Council of the City of Peoria, Arizona, this 1 8th 

### day of December,2007. 

# ?&-3& Bob Barrett, Mayor Date Signed: /&kd/~d~

### 7

APPROVED AS TO FORM: 

# s(T&!d/@ Stephen 

### M. Kemp, City~ttorney.

Published 

### in PeoriaTimes PublicationDates: December 21 

### and 28,2007