Chapter 12.10
TRACKOUT

Sections:

12.10.010    Purpose.

12.10.020    Application.

12.10.030    Activities prohibited.

12.10.040    Violation.

12.10.050    City of Phoenix process.

12.10.060    Guidance.

12.10.010 Purpose.

The purpose of this chapter is to lessen the amount of particulate pollution which originates from roads and roadways. Dirt and other debris which may become deposited upon paved roads can be ground and pulverized by traffic into minute particles. These particles can then become airborne, adding to the particulate pollution problem. The same dirt and other debris left on roads and roadways can be washed into storm drains and end up in a receiving stream to create detrimental effects on water quality.

(Ord. 792 § 1, 1998)

12.10.020 Application.

This chapter applies to construction sites, development sites, agricultural activities and commercial and industrial operations.

(Ord. 792 § 2, 1998)

12.10.030 Activities prohibited.

No person shall trackout mud, dirt or other debris from private or public lands onto paved public roads without taking reasonable precautions to prevent such particulate matter from becoming airborne or from entering storm drainage systems. Reasonable precautions shall include, where appropriate, the prompt removal of such material from the paved road surface. This chapter does not apply to noncommercial uses of public roads. Additional reasonable precautions include, but are not limited to the following:

A.    NPDES regulations for construction projects (see exhibit A);

B.    Paving of the entryway to the paved road system for a minimum distance of fifty feet;

C.    Application and maintenance of approved dust suppressants;

D.    Graveling of the access roads for a minimum distance of fifteen feet;

E.    The installation of wheel washers at exits;

F.    Street sweeping, vacuuming or other means of removing trackout material from public roadways.

(Ord. 792 § 3, 1998)

12.10.040 Violation.

Any person, firm or corporation who violates any provision of this chapter shall be guilty of committing an infraction. The penalty for committing an infraction shall be a fine, not to exceed five hundred dollars. Refer to Chapter 1.20, General Penalty of this Municipal Code.

(Ord. 792 § 4, 1998)

(Ord. No. 920, § 4, 11-2-2009)

12.10.050 City of Phoenix process.

The city of Phoenix may require a plan to be submitted by potential violators of this trackout ordinance prior to the approval to proceed with their project. The city of Phoenix may require the imposition of conditions for the prevention of trackout. Conditions imposed may include, but are not limited to the following:

A.    Posting of a bond by a contractor in an amount sufficient to ensure that funds are available for roadway cleanup by the city, if the contractor is negligent in the cleanup of an adjacent public roadway;

B.    Streetsweeping, vacuuming or other means of removing trackout material from public roadways;

C.    The installation of wheel washers at exits of major construction sites;

D.    The use of temporary or permanent barricades to keep traffic off unpaved areas;

E.    Graveling of access roads on site;

F.    Limiting the use of public roadways by vehicles; and

G.    Issuance of a Stop-Work Order. No person shall violate the provisions of a stop-work order pursuant to Section 12.10.030 hereof.

H.    A stop-work order issued pursuant to this section shall be posted at the work site and delivered by certified mail to an alleged violator. Appeals from any such order shall be conducted pursuant to the applicable provisions of the adopted code (see exhibit C of the ordinance codified in this chapter).

(Ord. 792 § 5, 1998)

12.10.060 Guidance.

It is the intent of the city of Phoenix to eliminate as much as practicable the causes of trackout and water quality degradation when the where it could or does exist. To this extent it is the intention of the city of Phoenix to depend on the DEQ for enforcement of the NPDES Storm Water Regulations for Construction Projects that this chapter has made reference to. The city of Phoenix police department shall notify violators of a trackout violation. The violators shall have until the close of business that day to remove the trackout to the satisfaction of the police department. If the violation still exists at the beginning of business the following day, a citation will be issued pursuant to the ORS referenced in this chapter. It shall be at the discretion of the police department whether a violation is of a sufficient magnitude to request that the building inspector issue a stop-work order.

(Ord. 792 § 6, 1998)