A CFQ AiA Cii;?;~ y 

City of Peoria 

Engineering 

8401 West Monroe Street, Peoria, Arizona 85345 

Ph: 623-773-7210 Fax: 623-773-72 11 

April 28, 2008 

Arizona Department of Environmental Quality 

Ms. Diane Arnst, Planning Section Manager 

ADEQ Air Quality Division 

1 11 0 W. Washington Street 

Phoenix, AZ 85007 

Re: PM-10 Ordinance 

Dear Ms. Arnst: 

Per your request, enclosed for your reference is the PM-10 Ordinance, No. 07-41. 

If you have any questions, please contact Peter Christensen at 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 (1 992) 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 Council are faithfully observed. 

(2) Authority over Employees. To direct and supervise the deputy city 

manager, department directors and employees of the city under hisher 

jurisdiction through the deputy city managers andlor department directors. 
Ordinance No. 07-41 

Page 2 of 11 

(3) Power of Appointment 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 to the deputy city managers andlor department 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 predisciplinary hearing. 

(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 accordance with 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 of the 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 by the Mayor individually or the Council. 

(7) Expenditure Control. To see that no expenditures shall be made by the Crty 

unless such expenditures are in accordance with the provisions of this code, 

administrative regulations and adopted policies. 

(8) Investigations and Complaints. To make investigations into the affairs of the 

City and any department or division thereof; to investigate all complaints in relation 

to matters concerning the administration of the City government and in regard to 

the service maintained by public utilities in the City. 

(9) Public Buildings. To exercise general authorii over all public buildings, 

parks and other public property under the control and jurisdiction 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 order to 
Ordinance No. 07-41 

Page 3 of 11 

-veeger shall use his best efforts tm 

withaabut the final determination shall 

be solelv that of the Citv Manaaer. 

(11) Overtime Pay. To a~~thoriie the payment of overtime pay for such 

employees as may work 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 manager from time to time by ordinance or resolution or other 

official action of the 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 in writing and filed with the city clerk. Upon 

the change of a City Manager or a delegated employee, the authority granted 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; 

violations and which shall read as follows: 

Sec. 13-24. Criminal Nuisances; placing injurious material; violations. 

(a) It is unlawful to willfully, maliciously, carelessly or negligently drop, throw, 

place or scatter upon any street, alley, sidewalk or 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 00.001 dollars. 

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 

property and which shall read as follows: 

Sec. 13-25. Criminal Nuisances; use of vehicles on vacant 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 

p 

the DroDerty has been im~roved or treated in such a manner as to prevent 

cv 

pdune buaav. jeep all terrain 

vehicle, Rhino or other form of transportation. ~ropelled by an internal combustion enaine, 

jv 

violation of this se-ptioa 

w 

(b) A Derson shall have a written license issued bv the owner of the property or 

(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 

peace officer. 

(d) Each license shall: 

(1) Specrfy the period of time for which permission is granted. 

(2) Set forth the name of the licensee. 

(3) Be signed by the licensor 

(4) State the licensor's interest in the property. 

(5) If the licensor is not the owner of the property, state the owner's name. 

-0- punishable bv Criminal or Civil Penalties. 

1 

fi) 

Wquent offense within three (31 years of the date of the first offense 

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 

p 

(2) In the alternative. the Citv mav elect to punish a violation of this section bv a 

than One Hundred an 

Of Fi 15 .OO D llar . the date of the first offense shall be punished bv minimum sanction of not less than 
Ordinance No. 07-41 

Page 5 

1: 

of 1 1 

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im~osed bv the Citv or State. The Court mav for a first offense and shall for a 

Cf 

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

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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 13-72 and which shall read as follows: 

Sec. 13-72. Emergency Telephone Service; misuse of; violations. 

(a) It shall be unlawful for any person to misuse the Emergency Telephone 

Service. 

(b) Definitions: 

(1) Emergency means a situation in which property andlor human health or 

life are in jeopardy and the prompt summoning of aid is essential. 

(2) Emergency Telephone Service means a telephone system utilizing a 

single threedigit number "91 1" for reporting police, fire, medical or other 

emergencies. 

(3) Misuse of the Emergency Telephone Service means repeatedly calling 

"91 1" for non emergency situations or falsely reporting an emergency to "91 1. 

(4) Repeatedly means four or more times within a thirty (30) day period. 

(c) Violation of this section shall be a class one-misdemeanor. The Court shall 

impose as restitution the amount incurred of any unnecessary response resulting from the 

misuse of the Emergency Telephone System by any Political Subdivision of this State or 

the City. 

SECTION 5. Chapter 13 of 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; use of leaf blowers. 

(a--&& Iti nl wf I or n ma e ht 
Ordinance No. 0741 

Page 6 of 11 

rn 

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

stabilized with Asphaltic Concrete. Cement Concrete. Hardsca~e. penetration treatment of 

bitumlnousrninerabinder aaareaate, 

sraniteate cover. aravel cover. or aras 

provided in the permit issued by the Mariwpa County or Arizona De~artment of 

Environmental Quality Control OfFicer. 

evws 

than One Hundre and F' 

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not less ,than Three 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 declared to be unlawful: 

(a) It shall be unlawful for any person to cause or allow any abandoned or 

inoperable vehicle to be stored or placed on, or allowed to remain on, any property except 

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 provisions of 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 

rear yard of a single or multi-familv fawly residence use unless such parking or 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 inches thick. 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 

pp 
Ordinance No. 07-41 

Page 7 of 1 1 

tc 

Parking within the front yard of a single residence use shall be on or contiguous to 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 

meetina the dust~roof reauirements of this subsection. 

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lc) Anv existina s)g 

ppe in such a manner as to 

prevent the release of fugitive dust. The ~ro~erty owner and/or leaal occuDant of the 

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pmregate 

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(d) It shall be unlawful to erect or maintain any electric fence or to attach to any 

fence any glass, nails, metal objects or other materials in such a manner that is likely to 

injure any person who comes in contact with such object, or to erect or maintain any 

barbed wire or razor wire except that 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 permitted at 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 

premises permitted to be enclosed. 

(e) It shall be unlawful for an owner or occupant to fail to properly repair, 

replace, or remove any fence, screen wall, or retaining wall visible from the adjacent rightof-way that is collapsed or otherwise constitutes 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 disposal or 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 authorized for collection under chapter 22 of this 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 is detrimental to 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 readily flammable or combustible on such land that it 

may constitute a fire hazard. 

(j) No owner or occupant of a parcel of land shall allow thereon weeds 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 insects or 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, no owner or operator responsible for weed abatement on vacant lots shall remove 

vegetation from any vacant lot by blading, disking, plowing under, or any other means 

without doing all of the following: 

(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 points adjoining paved surfaces. 

(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 gravel or dust suppressant. 

(1) The following are exempt from Subsection (j) of this Section: 

(1) Weed abatement operations on any vacant lot with less than 0.50 acre 

(21,780 square feet) of disturbed surface area. 

(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 mulberry tree (morus alba) or olive 
Ordinance No. 07-41 

Page 9 of 11 

tree (olea europea) 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 horticultural and scientific research and data, review and evaluation by qualified 

experts, and other appropriate information. 

(n) It shall be unlawful for any owner or person having legal occupancy of a 

residence or business to allow any swimming pool or similar body of water to stagnate 

and thereby become unsafe for its intended use through eutrophication or 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 private property. 

(p) No owner or occupant of a vacant or abandoned building or structure within 

the City shall fail to secure the building or structure against unauthorized entry. 

(q) It is unlawful for any person to cause or permit the handling, transporting or 

disposition of any substance or materials that are likely to 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 material or 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 

section which may include but are not limited to the following: 

(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 

chemicals on dirt roads, driveways and parking lots, material stockpiles 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 

measures to suppress the dust emission during 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 physical features on private property or buildings thereon in celebration of a 

holiday or occasion. Decorations shall meet the 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 

create an obstruction to pedestrian or vehicular 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 

electrical wiring deemed to be in a state of disrepair or hazardous by the city shall 

be removed immediately. 

(s) All property shall be maintained from any conditions that contribute to blight, 

including but not limited to uses or activities customarily conducted or maintained out of 

public view, such as clothes lines, animal boarding facilities or other similar conditions. All 

dirt front yards visible from a private roadway or right of way shall be landscaped with rock 

or grass within sixty days following issuance of a final utility clearance by the City and be 

maintained continuously in such condition. 

(t) It shall be unlawful for any owner or occupant of any real property to 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 in violation of this section. For purposes of 

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 the following: 

(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 

identifying the proposed sale. 

(2) Held more than 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 

regardless of a change in owners or occupants during the one year period. 

SECTION 7. If any section, subsection, sentence, clause or phrase of this 

Ordinance 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 of this Ordinance. 

SECTION 8. This Ordinance shall become effective in the manner provided by 

law. 
Ordinance No. 07-41 

Page 11 of 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 Peoria Times Publication Dates: December 21 and 28,2007