The purpose of this chapter is to protect and maintain the natural environment and to reduce the negative health effects caused by the creation of fugitive dust, as a significant health risk in high concentrations in the air. This chapter shall accomplish the requirements by preventing, limiting, or mitigating the effects of activities which create fugitive dust or have a tendency to make land more vulnerable to natural erosion forces that create fugitive dust. The objective of this chapter is to ensure that all surface disturbance activities use dust control measures to mitigate visible fugitive dust on an ongoing basis for the protection of health and safety of the residents of Artesia, New Mexico. This chapter also attempts to ensure that when natural events do occur, such as fugitive dust creation through high winds, the contribution of human generated dust is limited in its negative health and safety impacts. (Ord. 797, 7-8-2008)

Under the conditions outlined herein, the provisions of this chapter shall apply to any human activity, operation and/or practices, or any condition caused by human activity, which generates dust, or makes the land more vulnerable to erosion by natural erosion forces. In the development of city land for public purposes, city policies shall be consistent with the purposes of this chapter, and shall be conducted so as to minimize the creation or aggravation of erosive forces. (Ord. 797, 7-8-2008)

Any development that requires a permit under any city ordinance shall require dust control measures on site which shall be in compliance with this chapter. The permit holder shall additionally be the responsible party for purpose of compliance with this section. Grading for all construction shall be limited to the building pad site and driveway plus an additional five feet (5') in all directions from these areas. Dust suppression is required to be achieved through watering. (Ord. 797, 7-8-2008)

The owner of any property that is determined to be in a condition vulnerable to dust caused by human development of the property shall be required to employ watering dust control measures on site. The building inspector or code enforcement officer shall make such determination.

No person shall disturb the topsoil, remove ground cover, including, but not limited to, blading, digging or tilling gardens, lawns and/or yards of more than fifty percent (50%) of available ground/yard space on any real property within the city unless reasonable actions are taken for suppression of dust caused by the disturbed condition.

Weed eradication is limited to removal of weeds and blading of the entire lot is prohibited. Once weeds are removed or mowed, dust suppression shall be implemented by the owner through watering. (Ord. 797, 7-8-2008)

Upon the failure or other noncompliance with any section of this chapter, upon conviction, the offender shall be punished in the manner provided by title 1, chapter 4 of this code.

Each day of noncompliance with any provision of this chapter shall be treated for all purposes as a separate offense. (Ord. 797, 7-8-2008)