ORDINANCE NO. 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 111 RELATING TO DUST CONTROL; AND 

ESTABLISHING THE EXISTENCE OF AN EMERGENCY. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, 

as follows: 

Section 1. That Chapter 13A of the Tempe City Code is hereby amended by adding new 

Section 13A-7 to 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 or restricted bum period declared by the county. 

Section 2. That Chapter 13A of the Tempe City Code is hereby amended by adding new 

Article I1 to 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 fire restrictions. 

(a) From May 1 through September 30 each year it is unlawful for any person to 

ignite, cause to be ignited, permit or allow to be 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 declared by 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 13A of the Tempe City Code is hereby amended by adding new 

Article I11 to read as follows: 

ARTICLE 111. DUST CONTROL. 

Sec. 33/1-58. Purpose. 

The purpose of this article is to improve air quality by regulating practices that contribute 

to the air pollution caused by particulate matter. 

Sec. 13A-51. Definitions. 

For purposes of this article, the following words and terms shall have the meaning 

ascribed thereto: 

Leaf blower means a device that generates a stream of air to move landscape debris. 

Motor vehicle means a self-propelled conveyance, including vehicles designed for use on 

roadways and those designed for off-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 and unstabilized surfaces. 

Public roadway means a street, alley, road, highway or thoroughfare that is used by the 

public or is open to public use for vehicular 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 approved by 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, or lawhl easznent. 

(b) A person shall not park a motor vehicle on an unstabilized surface. 

(c) The following uses are exempted from the restrictions of subsections (a) and (b): 

(1) Performing city.operations using 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 other than 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 sweepers operating in the city shall be certified as PM-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 1 of 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 condition caused or permitted to exist in violation of any of the provisions of 

this article constitutes a threat to the public health, safety, and welfare, and is deemed a nuisance 

that may be summarily abated at the owner's expense, and is s~bjecto a civil action to abate, 

enjoin, or otherwise compel the cessation of the nuisance. 

(e) The remedies listed herein are not exclusive of any other remedies available under 

applicable federal, state, and local laws, and the city may, in its discretion, seek cumulative 

remedies. the city may recover its attorney's fees, court costs, and other expenses associated with 

enforcement of this 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. The immediate operation of the 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 declared to exist and this Ordinance shall be in full force and 

effect from and after its adoption by the City Council 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'