Sec. 36-88.07. Hauling fill or excavation; permit; fee and cleanup bond; load leaks.
a. It shall be unlawful to haul or cause to be hauled fill or excavation by truck on streets and highways within the City of Phoenix when the quantity of fill or excavation to be hauled exceeds ten thousand cubic yards, or when the duration of the haul is for more than twenty working days, i.e., Monday through Friday inclusive, except upon written application for and the issuance of a haul permit by the Planning and Development Director. The Planning and Development Director shall be responsible for the issuance of the permit upon approval by the Street Transportation Department and payment of the haul permit fee set forth in appendix A.2 of the City Code. The permit shall include those conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to the public. Such conditions may include but not be limited to:
1. Designation of specific routes to be used;
2. Designation of specific locations and times of day access will be made to and from public right-of-way;
3. Provision for safety precautions, such as the use of barricades, warning or traffic signs, flagmen or police officers for traffic control;
4. Payment of a cash bond in the amount of five hundred dollars in order to secure the cost of the removal of any spillage of fill or excavation and the cleaning of the right-of-way by the City. Such bond shall be returned to the applicant if no spillage occurs or if any spillage is removed and the right-of-way cleaned by the applicant to the satisfaction of the Planning and Development Department;
5. Any violation of the terms or conditions of the permit, or written notification from the Street Transportation Department, shall be sufficient grounds for the Planning and Development Department to revoke the permit.
b. For projects inspected by other than the Planning and Development Department, the request for a haul permit shall be submitted directly to the Street Transportation Department. The Street Transportation Department shall review the request and may approve it, deny it, or approve it with conditions. The Street Transportation Department shall provide written notification to the Planning and Development Department of the approval of such haul permit requests together with any conditions of approval and identification of the inspection agency. Upon notification from the Street Transportation Department, the Planning and Development Department shall issue a permit as an administrative convenience to the permit applicant. The permit will identify the inspection agency.
c. Notwithstanding the provisions of section (a) above:
1. It shall be unlawful to cause or allow fill, excavation, construction debris, mud, dirt, rock, sand, gravel, concrete or asphalt to be spilled, dumped or tracked onto public streets, alleys or sidewalks. Any person who violates this section shall be subject to a civil sanction for which the court shall impose a sanction in the amount of two hundred fifty dollars.
2. Any person who owns, leases or occupies property in connection with which fill, excavation, construction debris, mud, dirt, rock, sand, gravel, concrete or asphalt is hauled and caused or allowed to be spilled, dumped or tracked onto public streets, alleys, or sidewalks is subject to a civil sanction for which the court shall impose a sanction in the amount of two hundred fifty dollars.
3. Any person who contracts to do work of any kind on property in connection with which fill, excavation, construction debris, mud, dirt, rock, fill, gravel, concrete or asphalt is hauled and caused or allowed to be spilled, dumped or tracked onto public streets, alleys or sidewalks is subject to a civil sanction for which the court shall impose a sanction in the amount of two hundred fifty dollars.
d. Any person who violates the provisions of section (a) is subject to a civil sanction for which the court shall impose a sanction in the amount of two hundred fifty dollars.
e. Any person doing work under inspection by an agency other than the Planning and Development Department shall be exempt only from the payment of a haul permit fee as provided in appendix A.2 of the City Code. (Ord. No. G-2130, § 2; Ord. No. G-2817, § 1; Ord. No. G-2978, § 1; Ord. No. G-3313, § 1; Ord. No. G-3346, § 6; Ord. No. G-4296, § 1, 2000; Ord. No. G-5590, § 1, 2011)
State law reference—Penalty for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28), 28-626.