§ 92.22 ENFORCEMENT, VIOLATIONS AND PENALTIES.

   (A)   Responsibility for administration.

      (1)   The Enforcement Officer, acting through and designated by the Town Manager, shall administer the provisions of this subchapter involving air quality and fugitive dust. The Enforcement Officer is authorized with the responsibility to administer this subchapter by filing an enforcement action as a civil code infraction pursuant to § 31.28 of the Town Code.

      (2)   The term ENFORCEMENT OFFICER means a person who is authorized by the Town Manager to administer the provisions of this subchapter and who has authority to enforce the Town of Cave Creek rules, regulations, resolutions and ordinances.

   (B)   Violations, penalties of general applicability for subchapter. Unless an alternative process or penalty is expressly indicated within this subchapter or the Town Code, any violation of this subchapter shall constitute a civil code infraction subject to the provisions of §§ 10.99 and 31.28 of the Town Code.

   (C)   This subchapter shall not apply during a period of public emergency as declared by the town, state authorities or federal authorities or if the operation is directed by a peace officer or other public authority.

   (D)   Pursuant to A.R.S. § 9-500.04(H), the requirements of §§ 92.23, 92.25 and 92.26 do not apply to any site that has a permit issued by a control officer as defined in A.R.S. § 49-471 for the control of fugitive dust from dust generating operations.

(Ord. O2008-01, passed 5-5-08)