HomeMy WebLinkAboutOrd 2008-05 ORDINANCE NO. 08-05
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 10, HEALTH AND SANITATION, BY
ADDING A NEW ARTICLE 10-7, DUST AND AIRBORNE PARTICULATE
CONTROL AND BY AMENDING CHAPTER 12, TRAFFIC, BY REVISING
SECTION 12-2-11 RELATING TO THE OPERATION OF OFF-ROAD
VEHICLES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That the Fountain Hills Town Code, Chapter 10, Health and Sanitation is
hereby amended adding a new Article 10-7, Dust and Airborne Particulate Control, to read as
follows:
Article 10-7
DUST AND AIRBORNE PARTICULATE CONTROL
Sections:
10-7-1 Leaf blowers
10-7-2 Unpaved Areas
10-7-3 Exemptions
10-7-4 Compliance Monitoring
Section 10-7-1 Leaf blowers
A. It shall be unlawful for any person operating a leaf blower to blow landscape
debris or dust into a public roadway.
B. Leaf or air blowers used for landscape maintenance having a 50 cubic centimeter
engine or larger are prohibited.
Section 10-7-2 Unpaved Areas
A. Parking, maneuvering, ingress and egress areas at developments other than
residential buildings with four or fewer units shall be maintained with one or
more of the following dustproof paving methods:
1. Asphaltic concrete.
2. Cement concrete.
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3. Penetration treatment of bituminous material and seal coat of bituminous
binder and a mineral aggregate.
4. A stabilization method approved by the Town.
B. Parking, maneuvering, ingress and egress areas 3,000 square feet or more in size
at residential buildings with four or fewer units shall be maintained with one or
more of the following dustproof paving methods:
1. Asphaltic concrete.
2. Cement concrete.
3. Penetration treatment of bituminous material and seal coat of bituminous
binder and a mineral aggregate.
4. A stabilization method approved by the Town.
Section 10-7-3 Exemptions
The provisions of Sections 10-7-1 and 10-7-2 do not apply to any site that has a permit issued by
a control officer as defined in Arizona Revised Statutes Section 49-471, as amended, for the
control of fugitive dust from dust generating operations.
Section 10-7-4 Compliance Monitoring
A. Right of Entry; Inspection
The Town Manager or authorized designee shall be permitted to enter and inspect
property subject to subject to the provisions set forth in this Section as often as
may be necessary to determine compliance with this Article.
1. If a property owner or occupant has security measures in place on
the property that require proper identification and clearance before
entry into the property, the property owner or occupant shall make
the necessary arrangements to allow access to representatives of
the Town.
2. Any temporary or permanent obstruction to safe and convenient
access to the property to be inspected shall be promptly removed
by the property owner or occupant upon request of the Town
Manager or authorized designee and shall not be replaced until the
inspection is complete. The costs to provide such access shall be
borne by the property owner or occupant.
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B. Search Warrants
If the Town Manager or authorized designee has been refused access to any part
of the property believed to be in violation of this Article, and he/she is able to
demonstrate probable cause that there may be a violation of any provision of this
Article, or that there is a need to verify compliance with this Article or any order
issued hereunder, or to protect the overall public health, safety and welfare of the
community, the Town Manager or authorized designee may seek issuance of a
search warrant from any court of competent jurisdiction.
SECTION 2. That the Fountain Hills Town Code, Chapter 12, Traffic, Section 12-2-11,
Operation of Vehicles on Vacant Lots, is hereby amended as follows:
Section 12-2-11 Operation of Vehicles on Vacant Lots
A. No person shall operate a vehicle on or across any, OR PARK ON any portion of
AN UNPAVED OR UNSTABILIZED vacant lot other than on an established
OR AREA
UNLESS THE PROPERTY IS DUST-PROOFED PURSUANT TO THE TOWN
CODE OR THE TOWN ZONING ORDINANCE OR THE SITE HAS BEEN
ISSUED A MARICOPA COUNTY PERMIT FOR THE CONTROL OF
FUGITIVE DUST FROM DUST GENERATING OPERATIONS.
B. NO PERSON SHALL OPERATE ANY VEHICLE, INCLUDING AN OFF-
HIGHWAY VEHICLE, AN ALL-TERRAIN VEHICLE, OR AN OFF-ROAD
RECREATIONAL MOTOR VEHICLE, ON AN UNPAVED SURFACE THAT
IS NOT A PUBLIC OR PRIVATE ROAD, STREET OR LAWFUL EASEMENT
AND THAT IS CLOSED BY (1) THE LANDOWNER BY RULE OR
REGULATION OF A FEDERAL AGENCY, THIS STATE, A COUNTY OR
MUNICIPALITY OR (2) PROPER POSTING IF THE LAND IS PRIVATE
LAND.
C. THIS SECTION DOES NOT APPLY TO THE OPERATION OF VEHICLES
USED IN THE NORMAL COURSE OF BUSINESS OR THE NORMAL
COURSE OF GOVERNMENT OPERATIONS.
D. A PERSON WHO VIOLATES THIS SECTION 12-2-11 IS GUILTY OF A
CLASS 3 MISDEMEANOR. IN ADDITION TO OR IN LIEU OF A FINE
PURSUANT TO THIS SECTION 12-2-11, A JUDGE MAY ORDER A
PERSON TO (1) PERFORM AT LEAST EIGHT BUT NOT MORE THAN
TWENTY-FOUR HOURS OF A COMMUNITY RESTITUTION COURSE OR
(2) COMPLETE AN APPROVED SAFETY COURSE RELATED TO THE
OFF-HIGHWAY OPERATION OF MOTOR VEHICLES, OR BOTH.
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SECTION 3. That, if any provision or any portion of any provision of this Ordinance is
for any reason held to be unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent
of the remaining provisions of this Ordinance and shall be severed therefrom without affecting
the validity of the remaining portions of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, March 6, 2008.
FOR THE TOWN OF, OUNTAIN HILLS: ATTESTED TO:
4/AJ
W. J. Nichol., ayor evelyn J. Be er own Clerk
REVIEWED BY: APPROVED AS TO FORM:
a
Kathl n M. Zanon, Interim Town Manager An J. McGuire, Town Attorney
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