ORDINANCENO. 2627 NEW SERIES AN ORDNANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, 

### BY DELETING GLENDALE CITY CODE, CHAPTER 

### 24, ARTICLE XIII, SEC. 

### 24-173 ENTITLED, "OPERATION OF VEHICLES ON VACANT LOTS"; ADDING A 

### NEW ARTICLE IX 

### IN GLENDALE CITY CODE CHAPTER 25 ENTITLED, "FUGITIVE DUST"; PROVIDING FOR PENALTIES FOR VIOLATIONS; SETTING FORTH EFFECTIVE 

### DATES; AND 

### DECLARING AN EMERGENCY. WHEREAS, Arizona Revised Statutes 

## 9 9-500.04 and 9-500.27 require municipalities to adopt regulations reducing particulate matter generated by fugitive dust particulates that contribute to air polIution to promote public health, general welfare and safiety. 

### NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows:

SECTION 1: That GIendale City Code, Chapter 24, Article XIII, Sec. 24-173 entitled, "Operation ofvehicles on vacant lots" is hereby deleted in itsentirety.

SECTION 

### 2. That Glendale City Code, Chapter 

### 25 is hereby amended by adding a new Article 

### IX, to read as fallows:



### ARTICLE IX. FUGITIVEDUST

The purpose of

### this article is to promote public health, general welfare and safety by reducing particulate matter generatedby hgitive dust particulatesthat contribute to air pollution and to comply with state legislation directing certain local actions pursuant 

### to Arizona Revised Statutes §§ 9-500.04 and 

### 9-500.27, as may be amended. Sec.25-101. Definitions. The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearing indicates 

### a differentmeaning:Dustproof method: Asphalt concrete, cement concrete, penetration treatment of bituminous material and seal coat of bituminous binder and mineral aggregate, pavers designed for vehicular travel, crushedrock or gravel no smallerthan one-quarter inch and no larger than three-quarters of 

### an inch permanently maintained to a depth of two inches and contained within 

### a permanent border. Exceptedproperty: An unpaved surface that is a public or private road, street or lawful easement. Landscape materials: As defined under Glendale City Code, Chapter 19,Article 

### I, Sec. 19-2 and any dust, debris or trash connected with the processing or maintenanceof landscape materials. Leaf

### blower: Any device that generates a stream of air that is designed or used to move landscape materials, 

### Parking area: A public or private lot or other property provided for parking of vehicles. Vacant lot: Includes open area or lot, un-subdivided or an undeveloped tract of land or a subdivided lot, developed or partially developed, that contains no approved or permitted buildingsor structures. Vehicle: A motorized device on or by which a person or property is or may 

### be transported on either 

### a public highway or on off highway all-terrain surfaces, excluding devicesmoved by human power orused exclusively on stationaryrails or tracks.

(a) No person shall utilize a leafblower to move landscapematerials into a public roadway, 

### (b) Noproperty owner shall allowparking,maneuvering, ingressand egress areas that serve commercial, industrial or more than four 

### (4) residential-unitsunless the surface ispermanently maintained with a dustproof method. (c) No property owner shall allowparking, maneuvering,ingress and egress areas that are three-thousand square feet (3,000 sq, ft.) or greater in size and that serve residential buildings with four (4) or less units unless the surface is permanently maintained with a dustproof method. (d) No 

### person shall park or use a vehicle on an unpaved vacant lot unless the surface actually utilized is excepted property or is permanently maintained with 

### a dustproofmethod.(e) No person shall operate a vehicle on any unpaved surfacethat is closed by the landowner by rule or regulation of a federal agency, the State 

### of Arizona, Maricopa County, 

### the City or by proper posting of

### a private 

### land owner. Sec. 25-103. Penalties. (a) Any person who knowingly violates any provision 

### ofthis article is guilty of a class 3 misdemeanor, or 

### as an alternative law enforcement penalty, the person may be issued a civil violation and be subject to enforcement under GlendaleCity Code, Chapter 1



### 3, Article 11. (b) 

### In additionto or in lieu of a finepursuant to this article, ajudge may order the person to perform at least eight but not more than twenty-four hours of community restitution or to complete 

### an approved safety course related to the off-highway operation ofvehicles, orboth. Sec. 25-104. Exemptions. (a) Glendale City Code 

### Sec. 25-102(e) does not apply to vehicles used 

### in the normal courseofbusiness or normal course of governmental operations. (b) This article shall not apply during a period of emergencyor if the operationis directedby a peace officer or otherpublic authority. Sec. 25-105. Effective dates. (a) GlendaieCity Code Sec. 25-102(b) shall be effective October 1,2008. (b) GlendaleCity Code Sec. 25-102(c) shall be effective October 1,2009. (c) All remaining provisions of this article shallbe effectiveMarch 

### 31,2008. 

### SECTION 3. Whereas the immediate operation of the provisions of this Ordinance is necessary for the preservation of the public peace, health, and safety of the City of Glendale, an emergencyis hereby declared to exist, and this Ordinance shall 

### be 

### in full force and effect from and after its passage, adoption, and approval by the Mayor 

### and Council of the City of Glendale, and it is hereby exempt from the referendum provisions ofthe Constitution 

### and lawsofthe State ofArizona.PASSED, ADOPTEDAND APPROVED by the Mayor and Council ofthe City of Glendale, MaricopaCounty,Arizona, this 25th day ofMarch, 2008.



### ATTEST: 

# n

APPROVED 

### AS 

### TOFORM:

REVIEWED 

### BY 

# Yd+ City Manager