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HomeMy WebLinkAboutOrdinance 2002.06 Amending chapter 10 of the town code relating to transporting aggregate material F. ~ RODRIGUEZ, RECORDER DOCKET: 11757 RECORDED BY: VLJ ~ PAGE: 912 DEPUTY RECORDER ~ NO. OF PAGES: 4 7995 PE4 SEQUENCE: 20020510301 SMA~A 03/15/2002 TOWI~ OF MAR~-NA ORDIN 13:49 ATTN: TOWN CLERK 13251 N LON ADAMS RD MAIL F~ARANA AZ 85653 AMOUI~T PAID $ 8.00 MARANA ORDINANCE NO. 2002.06 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, AMENDING THAT CERTAIN DOCUMENT ENTITLED "MARANA TOWN CODE, CHAPTER 10 HEALTH AND SANITATION", TO REQUIRE THAT ALL AGGREGATE MATERIAL TRANSPORTED WITHIN THE TOWN LIMITS BE CONTAINED WITHIN AN ENCLOSED CARGO AREA. WHEREAS, that document herein referred to as "MARANA TOWN CODE, CHAPTER 10 HEALTH AND SANITATION", has been made a public record by the adoption of Resolution No. 95-71, which outlined health and sanitation regulations for the Town of Marana; and WHEREAS, the Mayor and Council of the Town of Marana have determined that it is in the best interest of the Town and its residents to amend existing regulations requiring .the contaimnent of refuse transported through the Town to include the containment of aggregate being transported through the Town; and WHEREAS, the Mayor and Council have determined that the adoption of amendments to the public record referred to as "MARANA TOWN CODE, CHAPTER 10 HEALTH AND SANITATION" is necessary to effectuate the intent of this Ordinance. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Town of Marana, as £ollows: Section 1. The various town officers and employees are authorized and directed to perform all acts necessary and desirable to give effect to this Ordinance and portion of the Town Code. Section 2. If any sect/on, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. Section 3. Section 10-1-1, "Definitions," shall be amended by deleting the existing text and replacing it with the following language: A. "Aggregate material" means any rock fi'a~mnents, pebbles, sand, gravel, cobbles, crashed base, asphalt, dirt or similar material. B. "Closed container" means a container designed for transporting loose material Page l of 4 4 such as garbage, refuse or aggregate material, with sides, top and bottom made of solid and durable material, such as metal or plastic, which will resist normal wear and tear, and without any holes, cracks or openings through which materials contained therein may escape, regardless of the degree to which the container is filled. C. "Enclosed cargo area" means a part of a vehicle designed for carrying objects or materials, with all of the following characteristics: 1. Bottom and vertical sides made of solid and durable material, such as metal or plastic, which will resist normal wear and tear, and without any holes, cracks or openings through which materials contained therein may escape, regardless of the degree to which the cargo area is filled; 2. A tailgate or equivalent device; 3. Seals on any opening used to empty a load from the cargo area, including bottom dump gates and tailgates, sufficient to prevent material from escaping; and 4. A cover or tarpaulin covering the top of the cargo area, securely fastened so as to prevent the covering or load fi.om becoming loose, detached or in any manner a hazard to other users of the roadway, public thoroughfare or right-of-way. "Enclosed cargo area" shall not include any part of a vehicle's cab or passenger compartment, nor shall it include frame rails, fenders or decks of low beds or flat beds. D. "Garbage or refuse" means any rubbish, trash, weeds, filth or debris which constitutes a hazard to public health and safety. "Garbage or refuse" includes, but is not limited to, all putrescible and nonputrescible solid wastes including garbage, trash, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial waste, any clippings of brush, grass, or weeds, and any ~-- debris, rubbish or other unsightly or unsanitary matter of any kind whatsoever. Section 4. Section 10-1-2, "Transportation of garbage or aggregate material," shall be amended by deleting the existing text and replacing it with the following language: .--, A. It shall be illegal to transport garbage, refuse, and aggregate material or like material within the town limits in an open vehicle unless the material is in a Page 2 of 4 closed container or in an enclosed cargo area. 13. Vehicles transporting the folIowing materials are not required to be equipped with a cover or tarpaulin: 1. Loads composed solely of asphalt. 2. Loads composed solely of petroleum coke, if loaded with a chemical surfactant (surface active agent) designed to prevent blowing, spilling or escaping. 3. Aggregate materials that will not blow out of the cargo area and are loaded so that no portion of the load contacts the sides of the cargo area closer than six inches fi.om the top of the sides and no portion of the load crowns or peaks above the top of the sides of the cargo area. C. No vehicle shall be driven or moved on any road within the town limits unless the vehicle is so constmcted or loaded as to prevent any of its load from dropping, shifting, leaking, or othem, ise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining the roadway. D. Vehicles transporting aggregate material within the town limits shall be equipped with the following equipment: 1. Splash flaps behind every tire or set of tires. 2. Fenders that cover the tops and treads of tires beginning at the top of the splash flap and extending at least six inches forward of the top center of the axle. No gap is permitted between the fender and splash flap. Tandem axles may be covered by a single fender and splash flap. Vehicles transporting aggregate material within the town limits and equipped with a bottom dump gate shall be equipped with the following equipment: 1. Shed boards designed to prevent mater/al deposit on the vehicle body during top loading. ~..~ 2. A center flap behind the bottom dump gate, which may be located either directly behind the gate, or to the rear of the rear'axle and in line with the splash flaps. The outside edge of the center flap shall not extend more than one inch fi.om the sidewall of the adjacent tire. The center flap shall Page 3 of 4 be a minimum of 24 inches in height and shall be within 5 inches of the roadway surface. F. Vehicles with cargo areas comprised of full rigid enclosures are exempt from the requirements of subsection E of this section. Section 5. Implementation of this ordinance will commence on August 1, 2002. Section 6. It shall be a civil infraction for any person, finn or corporation to violate any of the provisions of this Ordinance. Civil infractions shall be enforced through the hear/rig officer procedure provided for by A.R.S. § 9-462.08. Penalties for civil infractions shall not exceed the maximum penalty set forth in A.R.S. {} 9- 240(B)(28). Each day a violation continues shall be considered a separate offense. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona this 5th day of March, 2002. ATTEST: own Cle .APPROVED AS TO FORM: As Town Attorney -"'~ And not personally Page 4 of 4