### Certification

I hereby certify that the foregoing ordinance is a true and correct co y of Ordinance 

# P 08-137 of the City of Litcl~field 

### Park passed and adopted on the 19" day of March, 2008.

I fui.ther certify that the meeting was duly called and held and that a 

### quorum was present.

Dated this 20"' day ofMarch, 2008.

Mary Rose Evans, MMC, City Clerk

### CITY OF LITCHFIELD 

### PARK ORDINANCE NO. 08-137

AN 

### ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF LITCHFELD PARK, ARIZONA, AMENDING LITCHFIELD PARK CITY CODE, BY AMENDING 

### CHAPTER 9 

### HEALTH AND SANITATION BY ADDING A NEW ARTICLE 9-6 

### FUGITIVE DUST CONTROL TO IMPROVE THE 

### AIR QUALITY THROUGH MITIGATING DUST ON PRIVATE 

### AND PUBLIC LAND, SETTING FORTH DEFINITIONS, PROVIDING FOR PARKING RESTRICTIONS ON VACANT LOTS, SETTING FORTH RESTRICTIONS ON OPERATION OF VEHICLES ON PUBLIC 

### AND PRIVATE PROPERTY, SETTING FORTH REQUIREMENTS FOR PAVING OR STABILIZATION FOR AREAS OF PARKING, INGRESS AND EGRESS FOR RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENTS, RESTRICTING 

### THE USE OF LEAF BLOWERS, AND ESTABLISHING PROCEDURES FOR MONITORING COMPLIANCE; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;

### AND DECLARING 

### AN EMERGENCY.

WHEREAS, Chapter 292 

### adopted by the Arizona Legislature requires the City to adopt certain air 

### qualitymeasures related to Fugitive Dust and PM-10 particles; and



### WHEREAS, the City desiresto promote the health, safety and general welfareof City citizens and visitors by improving 

### air quality through the regulation ofFugitive Dust and PM- 10particles; and



### WHEREAS, the City wishes to control the introduction ofFugitive Dust and PM10into the air by any City resident or visitor;



### NOW THEREFORE,BE 

### IT ORDAINEDby the Common Council ofthe City ofLitchfieldPark, Arizona, asfollows:

Section

### I. In General.

The City Code of the City ofLitchfield Park, Arizona is hereby amended by amending Chapter 9 

### Health and Sanitation,by 

### adding a new Article 

### 9-6 Fueitive Dust Control to read as 

### follows (deleted text appears 

### in new text in ALL CAPS):ARTICLE 9-6 FUGITIVE DUST CONTROL

SEC. 9-6-1. DEFINITIONS.

AS USED 

### INTHIS ARTICLE:

"COUNTY DUST CONTROLPERMIT" MEANS A PERMIT ISSUED BY MARICOPA COUNTY EVIDENCINGTHAT A DUST GENERATING OPERATION HAS A SATISFACTORYDUST CONTROLPLAN 

### IN PLACE APPROVED BY 

### THE MARICOPA 

## comm AIR QUALITYDEPARTMENT.

"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 ACTMTIES, SUCH AS, BUT NOT LIMITED TO, MOVEMENT OF SOTL, VEHICLES,EQUIPMENT, BLASTING, 

### AND WIND. FOR 

### THEPURPOSE OF THIS ORDINANCE,FUGITIVE DUST DOES NOT INCLUDEPARTICULATEMATTER EMITTED DlRECTLY FROM THE EXHAUST OF MOTOR VEHlCLES AND OTHER INTERNAL COMBUSTIONENGINES, FROM PORTABLE BRAZING, SOLDERING, OR WELDING EQUIPMENT, OR FROM PILEDRIVERS.



### "LEAF BLOWER MEANS 

### ANY DEVICE THAT GENERATESA STREAM OF 

### AIR THAT IS DESIGNED, OR USED, TO BLOW LEAVES, GRASS CUTTINGS, TRASH, OR OTHER DEBRIS.

"OFF-ROAD VEHICLE" MEANS 

### ANY SELF-PROPELLED CONVEYANCE SPECIFICALLY DESIGNED FOR OFF-ROAD USE, INCLUDING, BUT NOT LlMITED TO, OFF-ROAD OR ALL 

### TERRAIN EQUIPMENT, TRUCKS, CARS, MOTORCYCLES, MOTORBIKES, OR MOTOR BUGGIES, 

### AND EXCLUDING DEVICES MOVED BY HUMAN POWER OR USED EXCLUSIVELY ON STATIONARY 

### RAILS OR TRACKS 

### AND EXCLUDING MOTOFUZED WHEELCHAlRS.

"PM-1 0" MEANS THE STANDARDADOPTED BY 

### THE ENVIRONMENTAL PROTECTIONAGENCY THAT FOCUSES ON SMALLER PARTICULATES IN THE

### AIR THAT 

### ARE LIKELY RESPONSIBLE FOR ADVERSE HEALTHEFFECTS BECAUSE OF

6 

### THEIRABILITY TO REACH THE LOWER REGIONS OF 

### THE RESPIRATORY TRACT. THE PM-10 STANDARDINCLUDES PARTICLES 

### WITH A DIAMETER OF 10MICROMETERS OR LESS (0.0004 INCHES OR ONE-SEVENTH THE 

### ~TH OFA 

### HUMAN HAIR)

+"PREMISES" MEANS 

### ANY BULLDING, LOT PARCEL OF LAND, OR PORTION OFLAND WHETHER IMPROVED OR UNIMPROVED INCLUDING ADJACENT SIDEWALKSAND PARKJNG STRIPS.

"PUBLIC ROADWAY" 

### MEANS ANY STREET, ALLEY, ROAD, HIGHWAY OR THOROUGHFARE OR 

### ANY KIND THAT IS USED BY 

### THE PUBLIC OR THAT IS OPEN TO THE PUBLIC AS A MATTER OR RIGHT, FOR THE PURPOSE OF VEHICULAR TRAVEL.

"UNSTABILIZED" MEANS A SURFACETHAT HAS NOT BEEN PAVED OR STABILIZED 

### WITH ASPHALTIC CONCRETE, CEMENT CONCRETE, HARDSCAPE, PENETRATION TREATMENT OF BITUMINOUS MATERL4L

### AND SEAL COAT OF BITUMINOUS BINDER 

### AND A 

### MINERAL AGGREGATE, DECOMPOSED GRANITE COVER, OR GRASS OR OTHER CONTINUOUS VEGETATIVE COVER, OR ANY COMBINATION OF SUCH PAVING OR STABILIZING.

"VACANT LOT" MEANS: (I) AN UNSUBDNIDED OR UNDEVELOPEDTRACT OFLAND ADJOINING A RESIDENTIAL, INDUSTRIAL, INSTITUTIONAL, GOVERNMENTAL, OR COMMERCIALLOT THAT CONTAINS NO APPROVED OR PERMITTED BUILDINGS, STRUCTURES, OR USES OFA TEMPORARY OR PERMANENTNATURE; OR (2) A PARTLALLY DEVELOPED RESIDENTIAL, INDUSTRIAL, INSTITUTIONAL, GOVERNMENTAL, OR COMMERCIALLOT.



### "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.



### SEC. 9-6-2 PARKTNG 

### RESTRICTIONS ON VACANT 

### LOTS

A. EXCEPTAS PERMITTED 

### IN PARAGRAPHS B 

### AND C, 

### IT SHALL BE UNLAWFUL TO PARK OR USE A VEHICLE, INCLUDING 

### AN OFF-ROADVEHICLE, ON 

### AN UNSTABILIZED VACANT LOT 

### WITHIN THE CITY.

B. 

### THIS SECTION DOES NOT PROMBIT A LANDOWNER FROM ALLOWING VEHICLES TO PARK ON VACANT LOTSFOR THE PURPOSES OF A SPECIALEVENT JF: (1) THE CITY COUNCIL APPROVES A SPECIALEVENT PERMITFOR SUCHPURPOSES; AND (2) THE LOT UPON WHICH SUCH VEHICLES 

### ARE PARKEDHAS BEEN DUST 

### PROOFED (CHEMICALLYSTABILIZED AND/OR COVERED WITH GRAVEL AS APPROVED BY THE CITY ENGINEER) PRTOR TO, DURING 

### AND, IF NECESSARY, SUBSEQUENTTO THE SPECIAL EVENT.

C. THIS SECTION DOES NOT APPLY TO VACANT LOTS THAT HAVE BEEN ISSUED A COUNTY DUST CONTROLPERMIT.

SEC. 9-6-3 OPERATION OP VEHICLES ON PUBLIC AND PRIVATEPROPERTY

A. A PERSON SHALL NOT OPERATE 

### ANY VEHICLE, INCLUDING BUT NOT LIMITED TO 

### AN OFF-ROAD VEHICLE, ON AN UNPAVED SURFACE THATIS NOT A PUBLIC OR PRNATE ROADWAY, STREET OR LAWFUL EASEMENT, WlTHOtrr LAWFULAUTHORITY. LAWFUL AUTHORITY SHALL CONSIST OF RULES, REGULATIONS, OR ORDERS OFA FEDERAL AGENCY, THE STATE, A COUNTY OR MUNICIPALITY,WHICH SHALLBE MADE AVAILABLETO 

### THE PUBLIC BY 

### ANY ONE OF 

### THE FOLLOWING:



### 1. A SIGN TODESIGNATE THE PROPERTY IS OPEN TO SUCH USE. SUCH SIGN SHALLBE IN COMPLIANCE

### WITH THE STANDARD TRAVEL MANAGEMENT SIGN PROTOCOL USED BY SOUTHWESTLAND MANAGEMENTAGENCIES 

### AND SHALL AT A 

### MINlMUM BE CONSPICUOUSLY PLACED AT ALL POINTS OF VEHICULAR ACCESS 

### AND CONTAIN THE FOLLOWING INFORMATION: "TRAVEL MUST 

### REMAIN ON DESIGNATED ROUTES." COPIES 

### OF THE STANDARD TRAVEL MANAGEMENT SIGN PROTOCOLARE AVAILABLEFOR REVIEW AT 

### THE MARICOPA COUNTY 

### AIR QUALITY DEPARTMENT, ZOO1 NORTH CENTRALAVENUE, PHOENTX, AZ, 85004;



### 2. ORDERS OFA GOVERNMENT LAND MANAGEMENT AGENCY;

3. MOST CURRENT MAPS APPROVED BY SUCH GOVERNMENT LAND MANAGEmNT AGENCY; OR



### 4. VIRTUAL POSTING FROM A GOVERNMENT LAND MANAGEMENTAGENCY.

B. A PERSON SHALLNOT OPERATE 

### ANY VEHICLE, I].\ICLUDING

### BUT NOT LITVfITEDTO AN OFF-ROAD VEHICLE, ON UNPAVED PRIVATEPROPERTY THAT IS NOT A PRIVATE ROADWAY, 

### STREET 

### OR LAWFUL 

## EASEMENTAND THAT 

### IS CLOSED BY THE LANDOWNERBY RULE OR REGULATION OF A

### FEDERAL AGEN~Y, 

### THIS STATE, A 

### COUNTY OR 

### MUNICIPALITY OR BY PROPER POSTING, WITHOUT THE WRITTEN CONSENT OF THF,PERSON IN CONTROL. CONSENT OFTHE LAWFUL OWNER CONSISTS OFEITHER OR BOTH OFTHE FOLLOWING:

1. A SIGN TO DESIGNATE THE PROPERTY IS OPEN TO SUCH USE. SUCH SIGN SHALL BE IN COMPLIANCEWITH TIlE STANDARD TRAVEL MANAGEMENT SIGN PROTOCOL USED BY SOUTHWEST LAND MANAGEMENT AGENCIES 

### AND SHALL AT A MINIMUMBE CONSPICUOUSLY PLACED AT ALL POINTS OF VEHICULAR ACCESS 

### AND CONTAIN

### THE FOLLOWING INFORMATION: "TRAVEL MUST 

### REMAIN ON DESIGNATED ROUTES." COPIES OF 

### THE STANDARD TRAVEL MANAGEMENT SIGN PROTOCOL 

### ARE AVAILABLEFOR REVIEW AT THE MARICOPA COUNTY AIR QUALITY DEPARTMENT, 1001NORTH CENTRAL AVENUE, PHOENIX, AZ, 85004;

2. PRIOR WRITTEN PERMISSION 

### WKICH CONTAINS THE FOLLOWING:

(a) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE PERSON GRANTING PERMISSIONFOR THE USE OF

### THE PROPERTY;

(b) A DESCRIPTION OF 

### THE INTEREST THE PERSON GRANTING PERMISSION HAS 

### IN THE PROPERTY (I.E., PROPERTY OWNER, LESSEE, OR AGENT);

(c) IF THE PERSON GRANTINGPERMISSION IS NOT THE OWNER OF

### THE PROPERTY, THE 

### WRITTEN PERMISSION SHALL ALSO CONTAIN THE NAME, ADDRESS 

### AND TELEPHONE NUMBER 

### OF THE PROPERTY OWNER;

(d) SPECIFY 

### THE PENOD OF TIME 

### FOR WHICH PERMISSION FOR THE USE OF 

### THE PROPERTY IS BEING GRANTED;

### AND

(e) THE SIGNATURE OF THE PERSON GRANTING PERMISSION FOR 

### THE USE OFTHE PROPERTY.

C. WHENEVER 

### ANY PERSON IS STOPPED BY 

### AN ENFORCEMENT OFFICERFOR A SUSPECTED VIOLATION 

### OF THIS ARTICLE, 

### HE SHALL, UPON 

### THE REQUEST OF 

### THE ENFORCEMENT OFFICER, IDENTIFY OR PRESENT THE LAWFUL AUTHORJTY OR CONSENT OF THE LAWFUL OWNER REQUIRED 

### IN THIS SECTION.D. THE 

### PROPERTY OWNER, PERSON ENTITLED TO POSSESSION OF THE PROPERTY, OR INVITEE WHO HAS LAWFUL AUTHORITY MAY OPERATE SUCH VEHICLES ON THE PROPERTY IF SUCHUSE DOES NOT VIOLATE 

### ANY OTHER APPLICABLE LAWS.

E. THIS SECTION SHALLNOT APPLY TO THE OPERATION OF VEHICLES USED 

### INTHE NOW COURSE OF GOVERNMENT OPERATIONS.

F. THlS SECTION SHALLNOT APPLY TO OPERATION DIRECTED

### BY UTILITIES FOR OPERATION, DISTRIBUTION, 

### AND TRANSMISSION SYSTEMS PROVIDED THAT BOTH OF THE FOLLOWING CONDITIONSARE MET:

I. OPERATIONS ARE PERFORMED 

### IN, OR USING, A MARKED COMPANY VEHICLE;

### AND

2. 

### IF OPERATIONS 

### ARE PERFORMED 

### IN, OR USING, A PERSONAL VEHICLE, THEN IDENTIFICATION OF THE COMPANY SHALL BE VISIBLE

### AND READABLE BY 

### THE PUBLIC WITHOUT HAVING TO 

### BE ASKED 

### BY 

### THE PUBLIC (SUCH AS INCLUDING 

# . OR POSTING A SIGN ON THE VEHICLE OR 

### INTHE VEHICLE WINDOW THAT IS VJSlBLE TO 

### THE PUBLIC).

G. THIS SECTION SHALLNOT PROHIBIT TKE USE OFA VEHICLE THAT 

### IS EITHER DESIGNED PRIMARILY FOR TRAVEL ON, OVER, OR 

### IN THE WATER, OR IS USED 

### ININSTALLATION, INSPECTION,hdAINTENANCE, REPAIR OR REPEATED ACTIVITIES INVOLVINGFACILITIES FOR 

### THE PROVISION OF RAILROAD SERVICE.

H. AS REQUIRED BY A.R.S. 

## 5 9-500.27, 

### A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 

### 3 MISDEMEANOR.

I. AS REQUIRED BY A.R.S. 

## 5 9-500.27, 

### IF A PERSON VIOLATES THIS SECTION, 

### IN ADDITION TO OR 

### IN LIEU OFA FINE, A JUDGE MAY ORDER THE PERSON TO PERFORM AT LEAST EIGHT (8) BUT NOT MORE THAN TWENTY-FOUR (24) HOURS OF COMMUNITYRESTITUTION OR TO COMPLETE

### AN APPROVED SAFETY COURSE RELATED TO THE OFF-HIGHWAY OPERATION OFMOTOR VEHICLES, OR BOTH.

SEC. 9-6-4 PARKING, MANEUVERING, INGRESS AND EGRESS

### A. OTHER 

### THAN RESIDENTIAL: ALL PERSONS WHO 

### ARE OWNERS, TENANTS OR OPERATORS SHALLMAINTAIN PARKING, MANEUVERING,INGRESS 

### AND EGRESS AREAS AT DEVELOPMENTS OTHER THAN RESIDENTIAL BUILDINGS WITH FOUR (4) 

### OR FEWER UNITS WITH ONE OR MORE OF THE FOLLOWING DUSTPROOFING PAVING METHODS:

1.

### ASPHALTIC CONCRETE;

2. 

### CEMENT CONCRETE;

3.

### PENETRATIONTREATMENT OF BITUMINOUS MATERZAL 

### AND SEALCOAT OF BITUMINOUS BINDER 

### AND A 

### MINERAL AGGREGATE; AND/OR

4. 

### A STABILIZATION METHOD APPROVED BY THE 

### CITY.

C. RESIDENTIAL: ALL PERSONS WHO 

### ARE OWNERS, TENANTS OR OPERATORS SHALL MAINTAIN

### PARKING, MANEUVERING, INGRESS AblD 

### EGRESS AREAS THAT ARE THREE THOUSAND (3,000) SQUAREFEET OR MORE 

### IN SIZE AT RESIDENTIAL BUILDINGS WITH FOUR (4) ORFEWER UNITS 

### WITH A PAVING OR STABILIZATIONMETHOD AUTHORIZED BY A PERMIT ISSUED BY THE CITY ENGINEER.

SEC. 9-6-5 

### LEAF BLOWER 

### RESTRICTIONS

A. A PERSON SHALL NOT OPERATE A LEAF BLOWER 

### INA MANNER THAT CAUSES LANDSCAPE DEBRIS TO BE BLOWN INTO A PUBLIC ROADWAY.



### B. NO PERSON WHO 

### IS AN EMPLOYEE OR CONTRACTOR OF THE CITY SHALL OPERATE A LEAF BLOWER ONANY HIGH POLLUTION ADVISORY DAY FORECAST BY 

### THE DEPARTMENT OF ENVIRONMENTAL QUALITY, EXCEPT 

### WHILE IN VACUUM MODE.SEC. 

### 9-6-6 COMPLIANCEMONITORING


### A. THE CITY SWL BE PERMITTED TO ENTER 

### AND INSPECT PROPERTY SUBJECTTO REGULATION UNDER THIS CHAPTER WHEN NECESSARY TO DETERMTIVE COMPLIANCE WITH THIS CHAPTER.

B. ANY 

### TEMPORARY OR PERMANENT OBSTRUCTION TO SAFE 

### AND EASY ACCESS TO THE PROPERTY TO BE INSPECTED SHALL BE PROMPTLY REMOVED BY THE PROPERTY OWNER AT THE WRITTEN OR ORAL REQUEST OFTHE CITY.

C. 

### IF THE CITY HAS BEEN REFUSED ACCESS TO 

### ANY PART OF THE PREMISES 

### AND THE CITYIS 

### ABLE TO DEMONSTRATE PROBAJ3LE CAUSE TO BELIEVE THAT THERE MAY BE A VIOLATION OFTHIS ARTICLE ON THE PREMTSES, OR THAT THERE IS A NEED TO VERIFY COMPLWCE WITH THIS ARTICLE OR 

### ANY ORDER ISSUED HEREUNDER, OR TO PROTECT 

### THE OVERPLLLPUBLIC HEALTH, SAFETY,

### AND WELFARE 

### OF THE COMMUNITY, THE CITY MAY SEEK ISSUANCE OF A SEARCH

### WARRANT 

### FROMANY COURT OF COMPETENT JURISDICTION.

D. UNLESS AN 

### ALTERNATIVE PROCESS OR PENALTY IS EXPRESSLY INDICATEDWITHIN THIS ARTICLE OR THE CITY CODE, ANY 

### VIOLATION OF THIS ARTICLE SHALL CONSTITUTE A CIVILINFRACTION SUBJECTTO ARTICLE 1-8 OF THIS CODE.



### E. PURSUANT TO A.R.S. 

## 5 9-500.04(H), 

### TKEREQUIREMENTS OF SECTIONS 9-6-2,9-6-4, 

### AND 9-6-5 OF THIS ARTICLE DO NOT APPLY TO 

### ANY SITETHAT HAS A PERMIT ISSUED BY A CONTROL OFF'ICER AS DEFINED IN A.R.S. 

## 5 49-471 FOR THE 

### CONTROL OF FUGITIVE DUST FROM DUST GENERATING OPERATIONS.

E. THIS ARTICLE SHALLNOT APPLY DURING A PERIOD OF EMERGENCY OR IF THE 

### OPERATION IS DIRECTED BY A PEACE OFFICER OR OTHER PUBLIC AUTHORITY.

SEC. 

### 9-6-7 VIOLATION DEEMED 

### A PUBLIC NUISANCE

IN

### ADDITION TO THE ENFORCEMENT PROCESS AND PENALTIES PROVIDED HEREIN,

### ANY CONDITION CAUSED OR PERMITTED TO EXIST 

### IN VIOLATION OF

### ANY OF

### THE PROVISION OF THIS CHAPTER IS A 

### THREAT TOPUBLIC HEALTH, SAFETYAND WELFARE

### AND IS DEEMED A

### NUISANCE, SUB,ECT TO THE ABATEMENT PROCEDURES SET FORTH IN 

### ARTICLE 9-5 

### OF THIS CHAPTER.

SEC. 9-6-8 REMEDIES NOT EXCLUSIVE



### THE REMEDIES LISTED 

### IN THIS ARTICLE 

### ARE NOT EXCLUSIVE OR 

### ANY OTHER REMEDIES AVAILABLE UNDER APPLICABLE FEDERAL, STATE OR LOCAL LAW AND IT 

### IS WITHIN THE DISCRETION OF THE CITY TO SEEK CUMULATIVE REMEDIES. THE CITY MAY RECOVER ALL ATTORNEYS' FEES, COURT COSTS AND 

### OTHER EXPENSES ASSOCIATED WITH ENFORCEMENTOFTHlS ARTICLE, INCLUDING MONITORING EXPENSES.

SEC. 9-6-9 COMPATIBILITY

### WITH OTHER REGULATIONS



### THIS ARTICLE IS NOT INTENDEDTO MODIFY OR REPEAL ANY 

### OTHER ORDINANCE,RULE, REGULATION, OR OTHER PROVISION OF 

### LAW. 

### THE REQUIREMENTS OF THIS ARTICLE ARE IN 

### ADDITION TO THE REQUlREMENTS OF 

### ANY OTHER ORDNA.NCE, RULE, REGULATION, OR OTHER PROVISION 0

### FLAW, 

### AND WHERE 

### ANY PROVISION OF THlS ARTICLE IMPOSES RESTRICTIONS DIFFERENT FROM THOSE IMPOSED 

### BY ANY OTHER ORDJNANCE,RULE,REGULATION OR OTHER PROVISION OF LAW, WHICHEVER PROVISION IS MORE RESTRTCTNE OR IMPOSES HIGHER PROTECTIVE STANDARDS OF 

### HLW HEALTH OR THE ENVIRONMENT SHALL CONTROL.

Section 

### II. Providing for Repeal of Conflicting Ordinances.

All ordillances and parts of ordinances

### in conflict with 

### the provisions 

### ofthis Ordinanceor any part 

### ofthe Code adopted herein by reference, are hereby repealed.

Section 

### 1II. Providing for Severability.



### Ifany 

### section, subsection, sentence, clause, phrase or portion ofthis Ordinanceor anypart of the Code adopted herein by reference, is for anyreason held to be invalid or unconstitutional by the decision of any court ofcompetent jurisdiction, such decision shall not affect the validity oftheremaining portions thereof.Section 

### IV. DecIarina an Emergency.
The immediate operation of the provisions of this Ordinance is necessary for the preservation of the public peace, health and safety of the City ofLitchfield 

### Park, and an emergency is hereby declared to exist. This Ordinance shall be in full force and effect horn and after its passage, adoption and approvalby the Common Council of the City of Litchfield Park.



### PASSED AND ADOPTEDby the Common Council of the City of Litchfield Park, Arizona, this 19fh day of 

### /M ,q R c # 

### ,

### 2008.

ATTEST: 

# d/wLYM

~a;~ dosehvans, City Clerk 

# yf-&

- - 

# -
Curtis, Goodwin, SuIIival, 

### Ucjallh Schwab, P.L.C. City Attorneys W By Susan

### D. Goodwin

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