(A) No person shall cause, allow or permit the use, repair, construction or reconstruction of a roadway, alley or driveway without taking reasonable precautions to prevent excessive amounts of particulate matter from becoming airborne. Dust and other particulates shall be kept to a minimum by employing temporary paving, dust suppressants, wetting down, detouring or by other reasonable means.
(B) No person shall cause, suffer, allow or permit transportation of materials likely to give rise to airborne dust without taking reasonable precautions, such as wetting, applying dust suppressants, or covering the load, to prevent particulate matter from becoming airborne. Earth or other material that is deposited by trucking or earth moving equipment shall be removed from paved streets by the person responsible for such deposits.
(C) Excluding implements of husbandry, no person shall operate or move a motor vehicle or trailer carrying a load of scrap, debris, landscape trimmings, dirt, gravel, rocks, recyclable material, or any other type of waste products or trash within the city limits unless the vehicle load is secured and covered to prevent the load from falling, dropping, sifting, leaking, or otherwise escaping. Implement of husbandry, motor vehicle and trailer shall have the same meanings as defined in A.R.S. 28-101 or its successor.
(D) Notwithstanding the penalty provisions of § 211-99, any person or corporation who violates division (C) of this section shall pay a civil penalty of $100 plus any other penalty assessment authorized by law for a first violation in a 12-month period. Any person or corporation convicted of violating division (C) of this section, who has previously been convicted of a violation of division (C) of this section within the 12-months immediately preceding, shall pay a civil penalty of $250 plus any other penalty assessment authorized by law. Violations of division (C) of this section shall be administered pursuant to the procedures for civil traffic violations as set out in A.R.S. Title 28, Chapter 5, Article 4.
('80 Code, § 30-10) (Ord. 2638, passed 11-30-93; Ord. O2018-048, passed 11-21-18; Ord. O2021-023, passed 8-4-21) Penalty, see § 211-99