AN ORDfNANCE OF THE MAYOR AND COUNCIL OF THE 

CITY OF SURPRISE, ARIZONA, CREATING SECTION 54-4, 

OFF-ROAD VEHICLES PROHIBITED WITHOUT 

PERMISSION; AMENDING SECTION 125-1, DEFINITIONS, 

ADDmG A DEFINITION FOR DUST CONTROL; AMENDLNG 

SECTION 125-249, OFF-STREET P-G FWQUIREMENTS, 

REQUIRING DUST CONTROL FOR PARKING; CREATING 

SECTION 34-3, CRtF+tKNAL NUISANCE, USE OF LEAF 

BLOWERS; CREATING SECTION 34-1 11, BARRIERS 

REQULRED FOR VACANT LAND; AND AMENDING 

SECTION 125-247, FENCES, OF THE SURPRISE MUNICIPAL 

CODE TO IMPLEMENT REGULATIONS PERTAINING TO 

AIR QUALITY; PROVIDING PENALTIES; AND DECLARING 

AN EMERGENCY. 

WHEREAS, the purpose of this ordinance is to achieve and maintain safe 

levels of air quality and; 

WHEREAS, the proposed amendment will enhance the health, safety and 

general welfare; 

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the 

City of Surprise that: 

Section 1. Section 54-4,Off-road vehicles prohibited without permission, of the City 

of Surprise Municipal Code is hereby created to read as follows: 

Sec. 54-4. Off-road vehicles prohibited without permission. 

a) It is unlawful for any person to operate or drive ' any motor vehicle, 

motorcvcle, minibike. dune buggy, all-terrain vehicle IATV), off-hibwav 

vehicle COHV), motor scooter, an off-road recreational motor vehicle, or other 

form of transportation propelled by internal combustion engine on private 

andlor public property that is not held open to the public for vehicle use 

without the prowr written permission of the owner of the Drover@. the person 

entitled to the immediate possession of the propertv, or the authorized agent of 

either. The propertv owner, person entitled to immediate possession of the 

propem. or invitee who has written permission may operate such vehicles if 

such use does not violate any other applicable laws. 

Ordinance #OS- 19 
b) The proper written permission required under this section shall: 

a. Contain the name, address, and telephone number of the person 

granting permission for the use of the property; 

b. Describe the interest the person granting ~ermission has in the 

properly ( i.e., property owner, lessee, agent, etc.L 

c. Contain the name. address, and telephone number of the property 

owner if the person nrantinn permission is not the owner of the 

pro~ertv; 

d. Specifv the period of time for which permission for the use of the 

property is being granted: and 

e. Contain the sipnature of the person granting permission for the use of 

the property. 

Whenever a person is stopped by a Police Officer of the Citv for a violation of 

subsection (a) of this section, helshe shall upon the resuest of the Police Officer 

display the written permission required in this section. 

c) A person who violates this ordinance is guiltv of a class 3 misdemeanor. 

d) This Ordinance shall not apply to operations directed by utilities for operation, 

distribution and transmission systems provided that both of the following 

conditions are met: 

a. Operations are performed in a marked company vehicle; and 

b. If operations are performed in dusinrx a personal vehicle. then 

identifications of the company shall be visible and readable by the 

public, included/posted in a sim that is visible on the vehicle or 

included/posted in a sign that is visible in the window of the.vehicle). 

State law references: Off-road vehicle ordinance, A.R.S. 5 9-500.27. 

Section 2. Section 125-1, Definitions, of the City of Surprise Municipal Code is 

hereby amended as follows: 

Section 125-1 Definitions 

. The following words, terms and phrases, when used in this chapter, shall have the 

meanings ascribed to them in this section, except where the context clearly indicates a 

different meaning. The word "lot" includes the words "plot" or "parcel"; the word 

"building" includes the word "structure"; the words "used" or "occupied," as applied 

to any land or building, shall be construed to include the words "intended, arranged, 

or designed to be used or occupied"; the words "map" or "zoning map" mean the 

zoning map of the city that delineates the area to be governed by these regulations. 

.. . Dust Control. or Dust Confrolled or Dust-Fee means a lot or area is maintained by 

paving with one of the followinn methods: asphaltic concrete. cement concrete, 

penetration treatment of bituminous material and seal coat of bituminous binder and a 

Ordinance #08- 19 -2- 
mineral agmegate. a layer of %" to %" screened crushed rock or gravel maintained to 

a minimum depth of two inches and contained within a wrmanent border or bv an 

alternative surface treatment as avproved bv the City Manager or designee. 

State law references: Air Quality Control, A.R.S. 5 9-500.04. 

Section 3. Section 125.249, Off-street parking requirements, of the City of Surprise 

Municipal Code is hereby amended as follows: 

Sec. 125-249.Off-street parking requirements. 

Sec. 125-249.Off-street parking requirements. 

(a) General provisions. 

(I) Floor area. Floor area, for the purpose of calculating the number of offstreet parking spaces required, shall be determined on the basis of the exterior 

area dimensions of the building, structure or use multiplied by the number of 

floors, minus ten percent, except as may hereinafter be provided or modified. 

(2) Change of use or occupancy of buildings. Any change of use or occupancy 

of any building, including additions thereto, requiring more parking shall not be 

permitted until such additional parking spaces as required by this article are 

hished. 

(3) Parking accessory to a residenlial use. Off-street parking facilities accessory 

to residential use shalt be utilized solely for the parking of licensed and operable 

passenger automobiles; no more than one truck not to exceed pss capacity of 

12,000 pounds; and recreational vehicles and equipment. Under no circumstances 

shall required parking facilities accessory to a residential structure be used for 

storage of commercial vehicles or equipment or for the parking of automobiles 

belonging to the employees, owners, tenants or customers of business or 

manufacturing establishments. 

(4) Allowed Parking Area.- No vehicle, me bee^ 

(b) 

recreational vehicle 

(I) 

except 

TABLE 

Stall, 

Stall dimensions. 

aisle and driveway design. 

on 

INSET: 

a 

or trailer shall be parked 

Dust Controlled surface. 

a 

Table not included 

1 As measured by a line perpendicular to the stall line at a point on the outside 

end of the stall, except when the stall is on the inside edge of a curve, in which 

case the point of measurement shall be on the inside end of the stall. 

2 For 90-degree parking, aisles are two-way; for 60-degree and 45-degree 

parking they are one-way only. 

3 Except where needed as a fire lane in which case a 20-foot minimuin is 

required. 

Ordinance #O8- I 9 
4 Unless otherwise approved all parking spaces shall be of standard width, but in 

no case shall compact spaces exceed 30 percent of the total required spaces. 

(2) Witkin sfruclures. The off-street parking requirements may be hished by 

providing spaces so designed within the principal building or structure attached 

thereto; however, unless provisions are made, no building permit shall be used to 

convert said parking structures into a dwelling unit or living area or other activity 

until other adequate provisions are made to comply with the required off-street 

parking provisions of this chapter. 

(3) Circulation between bays. Except in the case of single-family, two-family, 

townhouse, three-family and four-family dwellings, parking areas shall be 

designed so that circulation between parking bays occurs within the designated 

parking lot and does not depend upon a public street or alley. Except in the case 

of single-family, two-family, townhouse, three-family and four-family dwellings, 

parking area design that requires backing into the public street is prohibited. 

(4) Preserving off-site parking. When required accessory off-street parking 

facilities are provided elsewhere than on the lot with the same ownership or 

control, either by deed or long term lease, as the property occupied by such 

principal use, the owner of the principal use shall file a recordable document with 

the city and county clerk requiring the owner and his heirs and assigns to maintain 

the required number of off-street spaces during the existence of said principal 

use. 

(5) Drive access. All drive accesses shall be approved by the city engineer for 

width and location. 

(6) Drive access required. A1 I off-street parking spaces shall have access fiom a 

drive access and not directly from the public street. 

(7) Disfancefi.orn intersection. No drive access shall be located nearer than 40 

feet (in a residential district), 150 feet (in a commercial district), or 150 feet (in an 

industrial district) fiom the intersection of two public street rights-of-way. 

(8) Parallel parking spaces. Parallel parking spaces shall be a minimum of 22 

feet in length. 

(9) Distance between drive accesses. Drive accesses to a public street except for 

single-family, two-family and townhouse dwellings shall not be located less than 

40 feet from one another as measured' from inside of drive to inside of drive. 

(10) Number of drive accesses. Each property shall be allowed one drive access 

for each 100 feet of street frontage. Single-family uses shall be limited to one 

drive access per property. These conditions shall apply unless otherwise granted 

by the planning and zoning commission. 

(1 1) Grade. The grade elevation of any parking area shall not exceed three 

percent. 

(12) Surfacing. All areas intended to be utilized for parking space and 

driveways shall be paved with materials suitable to control dust and drainage. 

Plans for paving and drainage of driveways and stalls for five or more vehicles 

shall be submitted to the city engineer for his review, and the final drainage plan 

shall be subject to his written approval. 

Ordinance #08- 19 
a. Parking. maneuvering. and ingress and egress areas at any development, 

oiher than residential buildings with four or fewer units, must be Dust 

Controlled. 

b. 

f 

Parking and access areas that are 3,000 sauare feet or more in size at 

(I 3) Striping. Except for townhouses and single-family, two-family, threefamily and four-family dwellings, all parking stalls shall be marked with painted 

lines not less than four inches wide. 

(14) Lighting. Any lighting used to illuminate an off-street parking area shall be 

so arranged as to reflect the light away from adjoining property, abutting 

residential uses and public rights-of-way and be in compliance with this chapter. 

(15) Signs. No sign shalI be so located as lo restrict the sight lines and orderly 

operation and traffic movement within any parking.lot. All signs shall conform to 

city sign requirements. 

(1 6) Curbing. Except for townhouses and single-family, two-family, threefamily and four-family dwellings, all open off-street parking areas and driveways 

shall have a perimeter concrete curb and gutter around the entire parking lot built 

according to standards provided by the city engineer. 

(17) Protruding vehicles. All on-site parking stalls that abut property lines shall 

be designed and constructed such that parked vehicles shall not protrude over 

property lines. Every driveway that is appurtenant to a residential structure shall 

provide a vehicle parking area not less than 18 feet in Length. The length of the 

parking area shall be measured fiom the front of the garage door, or fiom the end 

of the parking area if there is no garage, to the back of the adjoining sidewalk, or 

to the back of the adjoining curb if there is no sidewalk. If the gatage door opens 

vertically without protruding into the parking area, the minimum length of 18 feet 

shall apply. If the garage door does not open vertically, the length of the parking 

area shall be increased to not less than 20 feet. 

(18) Overhang parking. Overhang parking may be included as part of the 

parking stall' dimensions on standard parking spaces fronting on a sidewalk a 

minimum of seven feet in width or landscaped areas as determined by the 

community development director. Overhang parking shall not be allowed for 

compact spaces. 

State law references: Air quality control, A.R.S. 5 9-500.04. 

Section 4. Section 34-43, Criminal Nuisance, Use of leaf blowers, of the City of 

Surprise Municipal Code is hereby created to read: 

Sec. 34-43. Criminal Nuisance, use of leaf blowers. 

It is unlawfitl for anv person to operate a leaf blower in such a manner that 

blows landscape debris. dirt or other debris into a aublic roadway. 

State law references: Air quality control, A.R.S. $ 9-500.04. 

Ordinance #O8- 1 9 
Section 5. Section 34-1 1 I, Barriers Required for Vacant Land, of the Surprise 

Municipal Code is hereby created to read as follows: 

Sec, 34-11 1, Barrier Required for vacant land. 

Vacant lots or lands which have been subiect to dumping. trespass, or operation of 

vehicles on non-dust controlled property on more than one occasion shall be secured 

to prevent fbture occurrences and 'No trespassing" signs shall be erected in 

accordance with applicable laws. 

For the Pumses of this section. non-dust controlled ~rovertv means a lot or area not 

paved with: asphaltic concrete. cement concrete, penetration treatment of bituminous 

material and seal coat of bituminous binder and a mineral amregate. a layer of %" to 

%" screened crushed rock or gravel maintained to a minimum depth of two inches 

and contained within a permanent border or by an alternative surface treatment as 

approved by the City Manager or designee. 

Methods of securing vacant lots or lands may include the followinn: fencing: ditch 

and berm; placing four-foot-high vosts at four-foot intervals; and other esuallv 

effective methods as determined by City Manager or designee. 

Section 6. Section 125-247, Fences, of the Surprise Municipal Code is hereby 

amended as follows: 

Sec. 125-247. Fences. 

(a) Permit required. No person, except on a farm and related to farming, shall 

hereafter construct, or cause to be constructed or erected within the city any fence 

without first making an application for and securing a building permit. 

(b) Locations. All fences shall be located entirely upon the private property of the 

person constructing, or causing the construction of, such fence unless the owner of 

the property adjoining agrees, in writing, that such fence may be erected on the 

division line of the restrictive properties. 

(c) Construction, maintenance and height measurement. 

(1) Construction and maintenance requirements. 

e) Business and industrial district fences. Fences in all commercial and industrial 

districts shall not exceed ten feet in height except that boundary line fences abutting 

residential districts shall not be greater than six feet in height. 

f) Special purpose fences. Fences for special purposes and fences differing in 

construction, height or length may be permitted in any district by issuance of 

conditional use permit approved by the planning and zoning commission. Findings 

Ordinance #08- 19 
shall be made that the fence is necessary to protect, buffer or improve the premises 

for which the fence is intended and will not detrimentally affect adjacent property. 

(g) Fences in all districts. Any fence constructed so as to have only one elevation 

finished, which shall be defined as not having its supporting members significantly 

visible, shall be erected such that he finished elevation of the fence is exposed to the 

adjacent property. 

fi) Fences/Security for Certain Vacant Lots or Lands. Vacant lots or lands which 

have been subject to dumping. trespass. or operation of vehicles on land without Dust 

Control on more than one occasion shall be secured. Methods of securinr vacant lots 

or lands may include the following: fencing: ditch and berm; placing, four-foot-high I 

posts at four-foot intervals; and other euually effective methods as determined bv City 

Manager or designee. 

BE IT FURTHER FCESOLVED, that the immediate operation of the provisions of 

this Ordinance are for compliance with Arizona State Statutes and for the 

preservation of the peace, health, and safety in enforcing provisions for air quality, 

therefore, an emergency is declared to exist, and this ordinance shall become 

immediately operative and in force from the date of adoption. 

PASSED AND ADOPTED this 24' day of A~nl ,2008. 

Ar1TEST: APPROVED AS TO FORM: 

!J!h"tz a .fL 

she& A. ~&lar, City Clerk 

Yeas: Mavor Truitt, Vice Mavor Villanueva, Council Members; Alton Hall 

Johnson, Longabaugh and Williams. 

Ordinance #08- 1 9 
Public Works Department 

Administrative Off~ces 

SURPRISE 

.\RIZONA 

To: City of Surprise Mayor and Council 

CC: Prisilia Ferreira, City Manager 

Kathy ~i&, Assistant City Manager 

Doug Sandstrom, ~s'sistant City Manager 

From: Robert Beckley, PubIic Works Director 

Date: 3-25-2008 

Re: PM-10 Dust Control Ordinance 

SUBJECT: 

PM-10 Dust Control ordinance 

REQUEST: 

Request to initiate text amendments to the Surprise Municipa! Code for the purpose of 

implementing air quality regulations affecting leaf blowers, ofl-road vehicles, parking and vehicle 

maneuvering areas as mandated by Arizona Revised Statutes. 

Key Items for Consideration: . 

This text amendment will require areas used for parking, rnaneuveririg. ingress and 

egress to be improved with a dust free surface. 

This proposal will apply to all industrial, commercial and non-commercial'uses and 

residential uses with five or more units. 

This proposal will also apply to residential uses with a total area of three thousand 

(3,000) square feet or greater devoted to parking, maneuvering, ingress and egress. 

Dust free surfaces include concrete, brick, and asphatt, crushed granite and dust 

palliatives. Other'types of dust treatments may be acceptable, subject to city 

approval. 
w Companion amendments to the city code will be required to align with the new State 

Statutes for leaf blower debris on roads and off-highway vehicles. 

Related Policies, References: 

Amendments to the Surprise Municipal Code, Section 54-4. Off -road vehicles prohibited 

without permission; Section 125-1, Definitions, adding a definition for dust control; 

Section 125-249, Off-street parking requirements, requiring dust control for parking; 

-Section 34-3, Criminal nuisance, use of leaf blowers; Section 34-1 11, Barriers required 

for vacant land; and Section 125-247, Fences. 

BACKGROUND: 

Alr Quality and Dust Control 

The Federal Clean Air Act (CAA) establishes minimum standards for air pollutants, indude 

particulates. Portions of Maricopa County, including the City of Surprise, were designated as 

non-attainment for PM 10 (Particulate Matter of 10 microns) on November 15. 1990 per the 

CAA. The primary sources of particulate pollution in the Phoenix area are fugitive dust from 

paved roads, construction sites, and unpaved roads and windblown dust from agricultural fields, 

disturbed areas on construction sites and vacani lots. The CAA required state and local 

authorities to implement stricter particulate matter pollution controls in PM 10 non-attainment 

areas. To that end. Arizona Department of Environmental Quality (ADEQ) and the Maricopa 

Association of Governments (MAG) developed a state implementation plan for the area. 

On June 6, 2007, the Environmental Protection Agency made a finding thal the Phoenix urban 

area had not attained the National Ambient Air Quality Standard (NAAQS) for PM 10 as 

required in the implementation plan by December 31, 2006 a deadline mandated by the CAA. 

Accordingly, stricter standards are now mandated. The Maricopa Association of Governments 

(MAG) is the agency responsible for the development of the plan outlining the new standards, 

the 'Five Percent Plan, for PM-1W. The plan contains a variety of air pollution contrd measures 

such as Pave or Stabilize Dirt Roads and Alleys; Sweep with PM-10 Certified Street Sweepers; 

Pave or Stabilize Dirt Shoulders; Pave or Stabilize Unpaved Parking Lots and Restrict Vehicle 

Use on Vacant Lots. This plan will demonstrate three years of 5% annual reductions, which is 

expected to be sufficient for atlainment. On July 12" 2007 the Surprise City Council passed 

Resolution 07-95 agreeing to proceed with a good faith effort to implement the measures 

identified by MAG. . 

Senate Bill 1552. passed in June of 2007, mandates municipalities adopt codes and ordinances 

by March 31, 2008 to regulate certain aspects of the Five Percent Plan for PM 10. The 

proposed texi amendment will address the aspects of the plan related to the surface material of 

parking and vehicle maneuvering areas in industrial, commercial, non-commercial and 

residential districts. 

APPLICANT'S PROPOSAL: 

Communlty Impact 

The Ordinance will enhance the regional efforts to meet air quality standards and complies with 

state statutes. There are implications on federal funding and potential flnes for non-attainment 

and for violations of Ihe standards. The new provisions will require unpaved parking lots and 

other unpaved areas used,for vehicle maneuvering over a certain size to be sealed with a 

permanent material or treated on a routine basis, prohibitions against off-road vehicles and leaf 

blower use, and requires barriers and Trespass signs erected on vacant land after one 

occurrence of fi 
GaaVPurpose of Request 

This proposal will meet the recently adopted State Statutes, as mandated by Senate Bill 1552 to 

improve air quality. 

STAFF RECOMMENDATION: 

Staff recommends the initiation. 

CONCLUSION: 

It is recommended that council adopt the attached Ordinance. 
CITY OF SURPRISE 

Main Agenda 

April 24, 2008 @ 6:00:00 PM 

+ Back Print 

Council Meeting April 24,2008 Contact Robert Beckley, Public 

Date: Person: Works 

Submitting District: Citywide 

Department: 

Staff Approve 

Recommendations: 

Consent x Regular Public Hearing ~eport/~iscussion 

Aaenda Wording; 

Consideration and action on the final reading of Ordinance No. 08-19, creating Sections 

54-4, 125-1, 125-249,34-3, 34- 11 1, and' 125-247 of.the City of Surprise Municipal code 

for the purpose of implementing PM-10 air quality regulations affecting parking and 

vehicle maneuvering areas as mandated by the Arizona Revised Statutes. (~inal Reading) 

Motion: 

I move to approve the final reading of Ordinance #08- 19. 

Backaround: 

On July 12th 2007 the Surprise City Council passed Resolution #07-95 agreeing to 

proceed with a good faith effort to implement the PM-10 measures identified by the 

Maricopa Association of Governments (MAG). 

Arizona State Senate Bill 1552 passed in June of 2007 and mandates municipalities adopt 

codes and ordinances by March 31,2008 to regurare certain aspects of the Five Percent . 

Plan for PM 10. The proposed text amendment will address the aspects of the plan related 

to the surface material of parking and vehicle maneuvering areas in industrial. 

commercial, non-cbmmercial and residential districts. 

Financial Impactstatement; 

~inirnal financial impact is anticipated with the approval of this item. . 
Click to download 

[7 Drdinance #08- 19 

Memo of PM-10 Chanaes 

D PM-10 Power~oinl - slides 

External Attachment Links: 

Meetina Requirements: 

Powerpoint x Video White Board Other x 

pleessenta.tipnSReaker Narne.s(spellina amititks for TV ci3p.t- 

__________-________-------------------------------___________-_C__I__---------_----------------------_-- 

City Clerk's Office only 

Council Action 

MotionlSecond: Results: 

Tru itt For 

Longabaugh M Against 

Alton Passed 

Williams Failed 

Villanueva S Continue 

Johnson Tabled 

Hall Absent 

7 

0 

XX FINAL READING