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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. 833334.1 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. 833334.1 2 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. 833334.1 3 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 L 833334.1 4