ORDINANCE NO. 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 of vehicles on vacant lots" is hereby deleted in its entirety. 

SECTION 2. That Glendale City Code, Chapter 25 is hereby amended by adding 

a new Article IX, to read as fallows: 

ARTICLE IX. FUGITIVE DUST 

The purpose of this article is to promote public health, general welfare and safety 

by reducing particulate matter generated by hgitive dust particulates that 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. 25-1 0 1. 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 

different meaning: 
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, crushed rock or gravel no smaller than 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 maintenance of 

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 buildings or 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 

devices moved by human power or used exclusively on stationary rails or tracks. 

(a) No person shall utilize a leaf blower to move landscape materials into a public 

roadway, 

(b) No property owner shall allow parking, maneuvering, ingress and egress areas 

that serve commercial, industrial or more than four (4) residential-units unless the surface 

is permanently maintained with a dustproof method. 

(c) No property owner shall allow parking, 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 

dustproof method. 
(e) No person shall operate a vehicle on any unpaved surface that 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. 25-1 03. Penalties. 

(a) Any person who knowingly violates any provision of this 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 Glendale City Code, Chapter 

1 3, Article 11. 

(b) In addition to or in lieu of a fine pursuant to this article, a judge 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 

of vehicles, or both. 

Sec. 25-1 04. Exemptions. 

(a) Glendale City Code Sec. 25-102(e) does not apply to vehicles used in the 

normal course of business or normal course of governmental operations. 

(b) This article shall not apply during a period of emergency or if the operation is 

directed by a peace officer or other public authority. 

Sec. 25-105. Effective dates. 

(a) Glendaie City Code Sec. 25-102(b) shall be effective October 1,2008. 

(b) Glendale City Code Sec. 25-102(c) shall be effective October 1,2009. 

(c) All remaining provisions of this article shall be effective March 3 1, 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 emergency is 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 

of the Constitution and laws of the State of Arizona. 
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City 

of Glendale, Maricopa County, Arizona, this 25th day of March, 2008. 

n 

ATTEST: 

APPROVED AS TO FORM: 

REVIEWED BY 

Yd+ 

City Manager