rl I.. ..n ,~lC.r' . :'I TOWN OF CAREFREE ?[!I T~?!~, 

00 br , vl. '3f0,~ 

100 EASY STREET 3's , ',S d?; //: ,J P.O. BOX 740 

CAREFREE, ARIZONA 85377 

(480) 488-3686 FAX (480) 488-3845 

Ms. Diane Arnst 

Planning Section Manager 

ADEQ Air Quality Division 

1 1 10 West Washington Street 

Phoenix, Arizona 85007 

April 29, 2008 

Re: Request for Adopted Municipal Ordinances 

Clean Air Plan 

Dear Ms. Arnst: 

As per your April 16, 2008 letter, please find enclosed the following: 

Section 1, amending A.R.S. fj 9-500.04.5 

= Ban leaf blower debris in public roadways. 

Ordinance No. 2008-02 was adopted in February of 2008. Ordinance No. 2008-02 bans the 

blowing of landscape debris into public roadways. (Attachment A) 

Section 1, amending A.R.S. fj 9-500.04.6 

Adopt codes requiring dustproof paving or stabilization 

at parking, maneuvering, ingress and egress areas at 

developments other than residential buildings with 4 

or fewer units. 

Town of Carefree Zoning Ordinance was adopted in 1984 and last amended in September of 

2007. Section 7.06 (3) requires all parking areas in commercial and multi-family 

developments to be paved. (Attachment B) 

Section 1, amending A.R.S. $ 9-500.04.7 

Adopt codes requiring paving or stabilization of parking, 

maneuvering, ingress and egress areas 3,000 square feet 

or larger at residential buildings with 4 or fewer units. 

The Town of Carefree Zoning Ordinance was adopted in 1984 and last amended in 

September of 2007. Section 9.11 (1) requires all driveways to be paved. (Attachment C) 
Adopt codes restricting vehicle parking and use on unpaved 

or unstabilized lots. 

The Town of Carefree Zoning Ordinance was adopted in 1984 and last amended in 

September of 2007. The Town of Carefree has no graded lots that are unpaved or 

unstabilized. Section 3.1 1 (5) requires a Zoning Clearance for construction of a principal 

use, and Section 9.10 (1) prohibits grading prior to the issuance of a Zoning Clearance. As 

defined by Section 2.02 (42), grading includes the disturbance of natural terrain and 

vegetation which would include vehicle parking. (Attachment D) 

Section 2, amending A.R. S. 5 9-500.27 

Adopt an ordinance banning operation of any vehicle 

including off-highway vehicles, all-terrain vehicles, and 

off-road recreational motor vehicles-from operation on 

unpaved public or private roads closed by the landowner 

by rule or regulation or by proper posting, excepting vehicles 

used in the normal course of business or government 

operations [This requirement does not preempt pre-existing 

similar ordinances adopted for dust abatement purposes 

before 313 1/08]. 

Section 6-2-5 of the Town of Carefree Code of Ordinances was adopted in 1986 and last 

amended in February of 2007. Section 6-2-5 bans the operation of any vehicle on public or 

private property without written permission from the property owner. (Attachment E) 

If you have any questions or need additional information, please contact me at 480-488-3686. 

Sincerely, 

q+y@- Jonathan H. Pearson 

Town Administrator 

CC: Mayor and Town Council 

JP: jd 
Attachment A Id i AIR 12;;ni -.-i.+ 

TOWN OF CAREFREE, ARIZONA 

ORDINANCE NO. 2008-02 O8 #A 

AN ORDINANCE OF THE TOWN OF CAREFREE, MARICOPA COLINTY, ARIZONA, 

ADOPTING AMENDMENTS TO CHAPTER 6, TO PROVIDE FOR A NEW ARTICLE 6-6, OF 

THE TOWN OF CAREFREE CODE AMENDED THROUGH JANUARY 8,2008; PROVIDING 

FOR REPEAL OF CERTAIN PROVISIONS OF THE TOWN CODE; PROVIDING FOR 

SEPARABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 

BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF 

CAREFREE, MARICOPA COUNTY, ARIZONA, AS FOLLOWS: 

Section 1. The Mayor and Common Council deem it necessary, in order to conserve, 

promote, and protect the public health, safety and welfare, to amend that certain document 

known as the Code of the Town of Carefree, Arizona. 

Section 2. The amended Code of the Town of Carefree, Arizona shall be known as the 

"Code of the Town of Carefree, Arizona, amended through February 5, 2008," and is hereby 

declared to be a public record. Three (3) copies of said amended Code are hereby placed and 

ordered to remain on file in the office of the Town Clerk. 

Section 3. All ordinances or portions of ordinances in conflict with the provisions of this 

Ordinance, or inconsistent with the regulations of this Ordinance, are hereby repealed to the 

extent necessary to give this Ordinance full force and effect. 

Section 4. The amendments are made to Chapter 6, Article 6-6 of The Town of Carefree 

Code Amended Through January 8, 2008, as follows (added language is shown in bold, 

deleted language is shown 6wmxhA): 

Chapter 6 OFFENSES 

Article 6-6 Landscaping Debris 

Section 6-6-1 Offenses 

No person shall blow any landscaping debris into public roadways at any time. 

Section 6-6-2 Violations and Penalties 

Any person who violates, disobeys or refuses to comply with, or who resists the 

enforcement of any provision of this Article shall upon admission or judicial 

determination thereof be responsible for a civil offense and shall be subject to imposition 

of a civil sanction of up to $750.00. 

Section 5. This Ordinance and stated amendments shall become effective and in full force 

and effect thirty (30) days from and after the date of its adoption. 

Section 6. The Town Clerk of the Town of Carefree shall incorporate the Amendment set 

forth herein into the Town Code of the Town of Carefree, Arizona. 

Ord. 2008-02 Landscape Debris 

---,-*--. - - 

TC Mtg. 2/6/08 
PASSED AND ADOPTED by the Iblayor and Common Council of the Town of Carefree, 

Maricopa County, Arizona, this 6th day of February, 2008. 

TOWN OF CAREFREE 

Wayne Fulcher, 

cATTEST: 

, , 

Elizabeth L. Wise, T6wn Clerk 1 Treasurer 

Thomas K. Chenal, Town Attorney 

Ord. 2008-02 Landscape Debris TC Mtg. 216108 
TOWN OF CAREFREE 

100 EASY STREET 

P.O. BOX 740 

CAREFREE, ARIZONA 85377 

(480) 488-3686 FAX (480) 488-3845 

STATE OF ARIZONA 1 

) 

COUNTY OF MARICOPA ) 

I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk of the Town of 

Carefree, County of Maricopa, State of Arizona, do hereby certify and attest the attached to 

be a true and correct copy of Ordinance 2006-02 all as appears of record in the office of 

the Town Clerk. 

IN WITNESS WHEREOF, 1 hereunto set my hand and caused the official seal of 

the Town of Carefree affixed hereunto this 29th day of April ,2008. 

Elizabeth Wise, Town Clerk 

cerification of copy of record 1 15-0 1-02 
Attachment B 
Section 7.06 Design Standards for Required Parking 

(1) For perpendicular parking, each space shall be at least nine (9) feet wide 

and twenty (20) feet deep with a minimum aisle width of twenty-two (22) 

feet. 

(2) For other than perpendicular parking, the design shall be approved by the 

Zoning Administrator. 

(3) Except for single family dwellings, all parking areas shall be paved with one 

of the following methods: 

(A) Asphaltic concrete. 

(B) Cement concrete. 

(C) Stabilized decomposed granite. 

(D) Paving blocks. 

(E) Other paved surface as approved by the Development Review 

Board. 

(4) Driveways shall be designed so that access to a street is by forward motion 

(5) For Commercial, Garden Office, and Multi-Family uses, except when a wall 

is required, a minimum six (6) inch high curb or bumper guard shall be 

utilized or employed so that no part of the vehicle shall extend over or 

beyond any property line. 

(6) For Commercial, Garden Office, and Multi-Family uses, required parking 

spaces shall be striped and the striping shall be maintained in good 

condition. 

(7) All Commercial, Garden Office, or Multi-Family uses shall screen off-street 

parking from view of any adjacent single family residential use by using 

landscaping and three (3) foot high earth berming andlor a three (3) foot 

high screen wall that blends into the building architecture as approved by 

the Development Review Board 

(8) All Commercial, Garden Office, or Multi-Family uses shall contain a 

minimum eight (8) foot wide landscape area between off-street parking 

areas and abutting rights-of-ways. A minimum fifteen (1 5) foot wide 

landscape area shall be provided between off-street parking and abutting 

residential uses. 

ARTICLE VII: Parking 
TOWN OF CAREFREE 

100 EASY STREET 

P.O. BOX 740 

CAREFREE, ARIZONA 85377 

(480) 488-3686 FAX (480) 488-3845 

STATE OF ARIZONA ) 

) 

COUNTY OF MARJCOPA ) 

I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk of the Town of 

Carefree, County of Maricopa, State of Arizona, do hereby certify and attest the attached to 

be a true and correct copy of Town Of Carefree Zoning Ordinance loth Publication 

Section 7.06 Design Standards for Required Parking (1) through (8) all as appears of 

record in the office of the Town Clerk. 

IN WITNESS WHEREOF, I hereunto set my hand and caused the official seal of 

the Town of Carefree affixed hereunto this 29th day of April, 2008. 

1 - 

Elizabeth Wise, Town Clerk 

(SEAL) 

cerification of copy of record 115-01-02 
Attachment C 

Town of Carefree 

Zoning Ordinance 

(The 2004 Amended Zoning Ordinance) 

10th Publication 

Amended Ordinance #2005- 03 

Adopted: June 7, 2005 - Effective: July 7, 2005 

Amended Ordinance #2005-05 

Adopted: July 5, 2005 - Effective: August 7, 2005 

Amended Ordinance #2006-05 

Adopted: June 6, 2006 - Effective: July 6, 2006 

Amended Ordinance #2007-05 

Adopted: August 7, 2007 - Effective: September 6, 2007 

. 
NAWRAL GRA 

YES 

Figure 9.5: Example of appropriate cut and fill ratio. 

(D) All cut and fill shall be constructed in a way to ensure they are nonerosive. 

(8) All retentionldetention basins shall consist of vertically and horizontally 

undulating banks with side slopes having less than a 4 to 1 ratio. 

(9) Floodplain(s) containing a 24 hour, 100-year storm event discharge of 50 

cubic feet per second or greater shall be delineated on all development plans 

and shall illustrate appropriate erosion setbacks. 

Section 9.1 I Driveways 

(1) The paved width of the driveway at the street shall be sixteen (16) feet then 

diminish to twelve (12) feet unless otherwise approved by the Zoning 

Administrator. 

(2) Driveways with a ten (10%) percent slope or greater shall have a paved 

width of fourteen (14) feet. Driveways with a fifteen (15) percent slope or 

greater shall have a minimum paved width as required by the Development 

Review Board andlor the Town's fire service provider. The maximum slope 

of any driveway shall not exceed fifteen (15) percent unless otherwise 

approved by the Development Review Board and the Town's fire service 

provider. 

(3) The width of the disturbed area for the development of a driveway shall not 

exceed twenty (20) feet unless otherwise approved by the Zoning 

Administrator. 

(4) A maximum one-third of the cross section width of a driveway at any point 

may be on fill material, and a minimum of two-thirds of the cross section 

width shall be on cut material or natural grade, unless otherwise approved by 

the Zoning Administrator. Spill slopes are prohibited. 

Article IX: General Provisions 84 
TOWN OF CAREFREE 

100 EASY STREET 

P.O. BOX 740 

CAREFREE, ARIZONA 85377 

(480) 488-3686 FAX (480) 488-3845 

STATE OF ARIZONA ) 

) 

COUNTY OF MARICOPA ) 

I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk of the Town of 

Carefree, County of Maricopa, State of Arizona, do hereby certify and attest the attached to 

be a true and correct copy of Town Of Carefree Zoning Ordinance loth Publication 

Article IX General Provisions 9.10 (7) @) through Section 9.11 Driveways (1) through 

(4) all as appears of record in the office of the Town Clerk. 

IN WITIVESS WHEREOF, I hereunto set my hand and caused the official seal of 

the Town of Carefree affixed hereunto this 29th day of April, 2008. 

Elizabeth Wise, Town Clerk 

cer~ficat~on of copy of record 11 5-01 -02 

"- - . ------ - 
Attachment D 

Town of Carefree 

Zoning Ordinance 

(The 2004 Amended Zoning Ordinance) 

10th Publication 

Amended Ordinance #2005- 03 

Adopted: June 7, 2005 - Effective: July 7, 2005 

Amended Ordinance #2005-05 

Adopted: July 5, 2005 - Effective: August 7, 2005 

Amended Ordinance #2006-05 

Adopted: June 6, 2006 - Effective: July 6, 2006 

Amended Ordinance #2007-05 

Adopted: August 7, 2007 - Effective: September 6, 2007 
Section 3.1 1 Zoning Clearance and Building Permit 

(5) A zoning clearance and building permit for a principal use are required prior 

to starting any construction including any change to existing buildings, roads, 

driveways, or native plants and including grading or grubbing. 

(6) A zoning clearance may not be required for the repair or replacement of a 

roof or exterior finish depending upon the extent of the work involved. 

However, approval by the Zoning Administrator is required. 

Article Ill: Administration 

-- . 
(5) Pool enclosures shall meet the following requirements: 

(A) No pool enclosure (fence or solid masonry wall) shall be located 

more than fifty (50) percent (halfway) into any side or rear required 

yard (building setback). Pool enclosures are prohibited in any 

required front yard (building setback). 

(B) Pool areas shall be secured from outside access by a masonry 

wall, ornamental iron fence, or combination thereof not less than 

five (5) feet in height above finished grade measured on the side of 

,the fence opposite the pool. 

(C) Access to the pool area, other than through the house, shall be 

through a self-closing, self-latching gate not less than five (5) feet in 

height as measured on the side of the fence opposite the pool. 

(D) Gate mounting and latching hardware shall be positioned on the 

pool side of the gate. 

(E) Accessory eql-~ipment such as pumps, heaters, and filters shall be 

enclosed by a solid wall at least four and one-half (4.5) feet in 

height to screen sound and sight from neighboring lots. 

(6) Private tennis court fences and walls are allowed only in the Rural-190, 

Rural-70, R-3 and Lodging zoning districts and shall meet the following 

requirements: 

(A) Private tennis court fences are not permitted in any required yard 

(building setback). 

(B) Private tennis court fences shall not exceed ten (10) feet in height. 

(C) Above the height of six (6) feet, the fencing shall consist of an open 

weave and not a complete barrier that inhibits flow of air and 

visibility. 

(D) Private tennis court fences shall consist of a color which blends 

with the natural surrounding area. 

(7) Public utility fences or walls are exempt from the height lin-litations and 

standards of this Ordinance if necessary to comply with national, state, or 

local safety and security standards. 

Section 9.10 Grading and Drainage 

(1) There shall be no grading on or to any site other than percolation and test 

borings (100 square feet maximum in size) prior to the issuance of a Zoning 

Clearance and a Building Permit. 

Article IX: General Provisions 
(32) DWELLING UNIT: A building or portion thereof containing cooking 

accommodations and designed or used exclusively for residential 

occupancy by a single housekeeping unit. 

(33) FACTORY-BUILT BUILDING: A residential or nonresidential building 

including a dwelling unit or habitable room thereof which is either wholly 

or in substantial manufactured at an off-site location to be assembled 

on-site, except for a manufactured home or recreation vehicle as defined 

by this Ordinance. A factory-built building shall be erected on a 

permanent foundation in accordance with the Uniform Building Code 

(UBC) as adopted by the Town. 

(34) FLOOD PLAIN: The portion of a watercourse, outside of the stream 

channel but adjacent to it, which is described by the perimeter of the 

probable limiting flood. It is the land which is not covered by the stream 

at low or average flow but which has been flooded in the past or is likely 

to be flooded. 

(35) FLOOD, REGLILATORY: The 100-year flood with a peak discharge of 50 

cubic feet per second (cfs) , or greater, and which has a one percent 

(1 %) chance of being equaled or exceeded in any given year. 

(36) FLOODING, SHEET: A condition which occurs within those areas which 

are subject to flooding of about one (1) foot in depth, more or less, during 

the regulatory flood, and where a clearly-defined channel does not exist, 

so that the path of the flooding is often unpredictable and indeterminate. 

(37) FLOW, SHEET: The shallow, diffuse runoff produced from rainfall on a 

large flat surface. It is characterized by approximately equal depth of 

runoff across a broad width of flow. 

(38) FLOODWAY: The area along a watercourse which will allow passage of 

the regulatory flood without increasing flood elevations by more than one 

(1) foot after a hypothetical encroachment has been made into the 

floodway fringe. 

(39) FLOODWAY FRINGE: The portion of the regulatory flood plain that lies 

outside the floodway. 

(40) GARAGE, PRIVATE: A covered and completely enclosed building 

designed for the parking of motor vehicles. A private garage is accessory 

to the principal structure. 

(41) GARAGE, PUBLIC: A building or portion thereof, other than a private 

garage, designed or used for servicing, repairing, equipping, hiring, 

selling, or storing motor vehicles. 

(42) GRADING: Any lalid excavation, land clearing, land filling, or disturbance 

of natural terrain and vegetation, or combination thereof. 

Article II: Rules And Definitions 9 
TOWN OF CAREFREE 

100 EASY STREET 

P.O. BOX 740 

CAREFREE, ARIZONA 85377 

(480) 488-3686 FAX (480) 488-3845 

STATE OF ARIZONA 1 

1 

COUNTY OF MAEUCOPA ) 

I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk of the Town of 

Carefree, County of Maricopa, State of Arizona, do hereby certify and attest the attached to 

be a true and correct copy of Town Of Carefree Zoning Ordinance loth Publication 

Article 111 Section 3.11 Zoning Clearance and Building Permit (5) through (6) , Article 

IX General Provisions 9.10 (5) through Section 9.10 Grading and Drainage (1) and 

Article I1 Rules and Definitions (32) through (42) all as appears of record in the office of 

the Town Clerk. 

IN WITNESS WHEREOF, I hereunto set my hand and caused the official seal of 

the Town of Carefree affixed hereunto tlus 29th day of April, 2008. 

w- 7 " 

Elizabeth Wise, Town Clerk 

(SEAL) 

ceiification of copy of record 1 15-01-02 
Attachment E 

CAREFREE, ARIZONA 

CODE OF ORDINANCES 

Contains 2008 S-2 Supplement, 

current through Ordinance 2008-01, passed 1-8-2008 

AMERICAN LEGAL PUBLISHING CORPORATION 

432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588 
OFFENSES 

G. In lieu of or in addition to pursuing criminal prosecution for any violation of any of the 

provisions of this Section 6-2-4, the town may issue a civil citation for any violation of any 

of the provisions of this Section 6-2-4 and may bring civil proceedings in a court of competent 

jurisdiction to seek imposition of civil sanctions and to enforce compliance with this Section 

6-2-4 including prevention, restraining and/or abatement of the violation(s). Use of the civil 

citation alternative is not mandatory and shall be at the discretion of the town official 

undertaking enforcement action. 

H. Any violation of any of the provisions ofthis Section 6-2-4 is declared to be a public nuisance 

and the town may enjoin or restrain said violation like any other nuisance under authority of 

any applicable town or State law. 

Section 6-2-5 All Terrain Vehicles* 

A. No person shall operate an all terrain vehicle in such a manner as to be injurious to health by 

reason of excessive dust or noise and so as to interfere with the comfortable enjoyment of life 

and property by persons in the vicinity of such vehicle's operations. 

B. It shall be unlawfbl for any person to operate or drive or leave any motor vehicle, motorcycle, 

mini-bike, trailbike, dune buggy, motor scooter, jeep or other form of transportation propelled 

by an internal combustion engine, upon the private property of another or upon public property 

which is not held open to the public for vehicle use, without the written permission of the 

owner thereof or the person entitled to immediate possession thereof, or the authorized agent 

of either. Whenever any person is stopped by a police officer of the town for violation of this 

subsection, helshe shall, upon request of the police officer, display written permission. 

Section 6-2-6 Violations and Penalties" 

A. Any person or owner and/or operator of a motor vehicle, including a motorcycle, found to be 

in violation of any section of this Article 6-2, shall be deemed responsible/guilty as follows: 

1. A first offense shall be deemed a civil infraction, punishable by a fine of not more than 

one hundred seventy-five dollars ($175.00). 

2. A second offense committed within twelve (12) months shall be deemed a civil 

infraction, punishable by a fine of not more than three hundred fifty dollars ($350.00). 

ALP 2/08 S-2 64 

'Ordinances 86-02, 86-04 and 02-07 

"Modified by Ordinances 01 -01 and 02-1 4 
TOWN OF CAREFREE 

100 EASY STREET 

P.O. BOX 740 

CAREFREE, ARIZONA 85377 

(480) 488-3686 FAX (480) 488-3845 

STATE OF ARLZONA 1 

1 

COUNTY OF MARICOPA ) 

I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk of the Town of 

Carefree, County of Maricopa, State of Arizona, do hereby certify and attest the attached to 

be a true and correct copy of Town Of Carefree Code Of Ordinances Offenses Section 

6-2-4 G. through Section 6-2-6 Violations and Penalties A.2. all as appears of record in 

the office of the Town Clerk. 

IN WITNESS WHEREOF, I hereunto set my hand and caused the official seal of 

the Town of Carefree affixed hereunto this 29th day of April, 2008. 

Elizabeth Wise, Town Clerk 

cerification of copy of record 115-01-02 

wp_l.___ --..,.,----.---....-.. " -.-. " . . --,-.- ----"-~--~ - -.----