### ORDINANCENO. 2008.14

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, AMENDING CHAPTER 13A OF THE TEMPE CITY CODE, RELATING TO ENVIRONMENTAL PROGRAMS AND STANDARDS BY ADDING NEW SECTION 13A-7 RELATING TO FIREPLACE USE RESTRICTIONS; ADDING NEW ARTICLE I1 RELATING TO OUTDOOR FIRES; ADDING NEW ARTICLE 111RELATING TODUST CONTROL; AND ESTABLISHING THEEXISTENCE OFAN EMERGENCY.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, as follows: 

### Section 

### 1. That Chapter 13A ofthe Tempe City Code is hereby amended by adding new Section 13A-7to read as follows: 

### Sec. 13A-7. Use restrictions. Fireplaces and woodstoves shall not be used during any high pollution advisory day forecast for particulate matter orrestricted bumperiod declared by the county. 

### Section 2. That Chapter 13Aofthe Tempe City Code is hereby amended by addingnew Article I1to read as follows: 

### ARTICLE 11. OtJTDOOR FIRES Sec. 13A-25. Purpose. The purpose of this article is to regulate outdoor fires to reduce the amount of air pollution caused by particulate matter and to improve air quality. 

### Sec. 13A-26. Applicability. This article applies to fire pits and other outdoor fires. 

### Sec. 13A-27. Outdoor firerestrictions. (a) From May 1 through September 30 each year it is unlawful for any person to ignite, cause to be ignited, permit or allow tobe ignited, any outdoor fire. (b) No outdoor fire may be ignited or maintained during any high pollution advisory day forecast for particulate matter or restricted bum period declaredby the county.(c) The restrictions in subsections (a) and (b) may be varied only by the exceptional circumstances listed in A.R.S. 

## 9 49-501 or through a permit issued by the state or its delegated authority under A.R.S. tj 49-501. (d) Wood-burning in outdoor fires is prohibited at all times on city property, including city parks, unless permitted under Section 5-2, Chapter 23, or other authority of the Tempe City Code. Section 3. That Chapter 13Aofthe Tempe City Codeis hereby amended by adding new Article I11 toread as follows: ARTICLE 111. DUST CONTROL. Sec. 33/1-58. Purpose. The purpose ofthis article is to improve air qualityby regulating practices that contribute to the airpollution caused byparticulatematter. Sec. 13A-51. Definitions. For purposes of this article, the following words and terms shall have the meaning ascribed thereto: Leafblowermeans a device that generates a stream of airto move landscape debris. Motor vehicle means a self-propelled conveyance, including vehicles designed for use on roadways and those designed foroff-road use. Particulate matter means fine dust particles that contribute to air pollution and can harm human health. PM-10 means particulate matter less than ten microns in diameter, a component of fugitive dust emissions from unpaved andunstabilized surfaces. Public roadway means a street, alley, road, highway or thoroughfare that is used by the public or is opentopublic use forvehicular travel, including roadways in gated communities. Stabilized surface means a surface that has been treated with asphaltic concrete, cement concrete, hardscape, brick, decomposed granite cover, crushed granite cover, vehicular duty pavers, penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate, gravel cover, grass or other continuous vegetative cover, or other means of stablization approvedby the city.

### Sec. 13A-52. Leaf blower use restrictions. (a) No person may use a leaf blower to blow leaves, grass cuttings, other landscape debris, trash, soil or dust into a public roadway. (b) No person may operate a leaf blower except on surfaces that have been stabilized. (c) No person may operate a leaf blower during any high pollution advisory day forecast for particulate matter. 

### Sec. 13A-53. Motor vehicle use restrictions on unstabilized surfaces. (a) A person shall not operate a motor vehicle on an unpaved surface that is not a road, sircet,orlawhleasznent. (b) A person shall not park a motor vehicle on an unstabilized surface. (c) The followinguses areexempted from the restrictions of subsections (a)and (b): (1) Performing city.operationsusing 

### a marked city vehicle; 

### (2) Utility service providers performing service functions using a marked company vehicle; and 

### (3) Emergency operations directed by a public authority using official marked vehicles. 

### Sec. 13A-54. Requirements to stabilize vehicle use areas. (a) Motor vehicle parking, maneuvering, ingress and egress areas shall be stabilized at all developments otherthan residential buildings with four or fewer units. (b) Motor vehicle parking, maneuvering, ingress and egress areas at residential buildings with four (4) or fewer units shall be stabilized if the vehicle use areas total three thousand (3,000) square feet or more in size. (c) Owners of vacant land shall control dust emissions by stabilizing any unpaved area or by installing and maintaining physical barriers approved by the city to prevent vehicle access. 

### Sec. 13A-55. Requirements for street sweepers. Street sweepersoperating in the city shall be certified asPM-10 efficient street sweepers.Sec. 

### 13A-56. Violations. 

### (a) Violations of this article are subject to enforcement as provided in A.R.S. fj

### 49- 513,A.R.S. fj 

### 9-500.27, and Maricopa County Air Pollution Control Regulations 

### $ 300. (b) Violations of this article are subject to enforcement as provided in chapters 19 and 2 1of the Tempe City Code. (c) The city may enter and inspect property subject to regulation under this article as necessary to determine compliance with this article. (d) 

### Any conditioncaused or permitted to exist in violation of any ofthe provisions of this article constitutes athreat to the public health, safety, and welfare, and is deemed anuisance that may 

### be summarily abated at the owner's expense, and is s~bject o 

### a civil action to abate, enjoin, or otherwisecompel the cessation ofthenuisance. (e) The remedies listed herein arenot exclusive ofany other remedies available under applicable federal, state, and local laws, and the city may, in its discretion, seek cumulative remedies. the citymay recover its attorney's fees, court costs, and other expenses associated with enforcement ofthis article. (f) This article is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. Section 

### 6. Emergency. 

### Theimmediateoperationofthe provisions of this Ordinance is necessary for the preservation of the public peace, health, safety and general welfare of the community, an emergency is hereby declaredto exist and this Ordinance shall be in full force and effectfromand afteritsadoptionby the CityCouncil of the City of Tempe. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, this 3rd 

### day of April



### 7 ATTEST:

City Attorney 

# h'