Ord 623 N.S. Requiring Maintenance of Parking Lots 06 24 25

ORDINANCE NO. 623 N.S. 
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF TOLLESON, 
ARIZONA, AMENDING THE TOLLESON CITY CODE, CHAPTER 8 HEALTH AND 
SANITATION, ARTICLE 8-2 LITTER, SECTION 8-2-3 OWNER TO MAINTAIN 
PREMISES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING 
FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. 
WHEREAS, the City of Tolleson, Arizona (the “City”) desires to amend the City’s Town 
Code to require owners and responsible parties in control of parking lots to maintain the 
premises. 
 
WHEREAS, the City Council of the City of Tolleson has determined that the proposed 
amendments are necessary to protect public health, safety, and welfare of City residents; 
 
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF 
TOLLESON ARIZONA, as follows: 
 
Section 1.  The recitals above are hereby incorporated as if fully set forth herein. 
 
Section 2. The Tolleson City Code, Chapter 8, Health and Sanitation, is hereby amended 
by amending Article 8-2 Litter, Section 8-2-3 Owner To Maintain Premises, to read as follows 
(additions in ALL CAPS; deletions in strikeout): 
 
CHAPTER 8:  – HEALTH AND SANITATION 
 
ARTICLE 8-2:  – LITTER 
 
§ 8-2-3 – Owner To Maintain Premises 
* 
* 
* 
(B) Sidewalks, streets, and alleys, AND PARKING LOTS. The owner and any responsible 
party in control of any land abutting a sidewalk, alley, PARKING LOT, or street shall 
maintain the sidewalk, alley, PARKING LOT, or street; in the same manner as provided 
in division (A). The areas required to be maintained pursuant to this section are as 
follows: 
 
(1) Any portion of a street, which has been opened for public use, between the 
curb line and the abutting property line including sidewalks and landscaped 
areas;  
(2) One half of the width of abutting alleys, from the property line to the center 
line of the alley; and 
(3) Any portion of a street abutting the boundaries of a parcel of land, which 
street has not been dedicated to the City or Maricopa County or otherwise

CITY OF TOLLESON ORDINANCE NO. 623 N.S. 
JUNE 24, 2025 
PAGE 2 
 
 
 
opened for public use, shall be maintained by those persons who created or 
are served by the street or their successors in interest, including lessees and 
other persons in control of the land abutting the street AND PRIVATE PARKING 
LOTS; provided, that if the abutting land on either side of the street is owned 
by different persons and each person has an obligation to maintain the street 
hereunder, then the owner, lessee or other person in control of the land shall 
only be required to maintain one-half of the width of the street abutting their 
land. 
* 
* 
* 
(E)(F) Excavations. 
(1) Excavations and other like or similar conditions must be filled with clean fill. 
On a temporary basis, excavations shall be maintained in a secure manner so 
as to prevent a hazard to public health and safety. 
(2) An excavation is considered secure when: 
(a) The excavation is protected by a free-standing, stable and complete 
six-foot minimum height enclosure that surrounds the excavation or 
property; and 
(b) A well, pit, abandoned swimming pool, or similar excavation is 
completely and permanently covered, fenced securely, or protected in 
an equivalent manner. 
 
Section 3.  Providing for Repeal of Conflicting Ordinances. 
All ordinances, parts of ordinances and resolutions in conflict with the provisions of this 
Ordinance, or any part of the City Code adopted here by reference, are repealed. 
Section 4.  Providing for Severability. 
If any provision of this Ordinance is for any reason held by any court of competent 
jurisdiction to be unenforceable, such provision or portion hereof shall be deemed separate, 
distinct, and independent of all other provisions and such holding shall not affect the validity of 
the remaining portions of this Ordinance.  
 
Section 5.  Providing for Penalties. 
Pursuant to Section 1-1-8 of the Tolleson City Code, any person found guilty of violating 
any provisions of this ordinance shall be guilty of a class one misdemeanor and, upon conviction, 
shall be punished pursuant to the terms set forth in the A.R.S. § 13-707, § 13-802, and § 13-902, 
as amended. Each day that a violation continues shall be a separate offense punishable as 
hereinabove described.

CITY OF TOLLESON ORDINANCE NO. 623 N.S. 
JUNE 24, 2025 
PAGE 3 
 
 
 
Section 6.  The Mayor, City Manager, City Clerk and City Attorney are hereby authorized 
and directed to take all steps necessary to carry out the purpose and intent of this Ordinance. 
PASSED AND ADOPTED by the Mayor and Council of the City of Tolleson, Arizona, on this 
24th day of June, 2025. 
 
 
 
 
 
 
 
 
 
Juan F. Rodriguez, Mayor 
 
 
ATTEST:  
 
 
 
 
 
 
 
Crystal Zamora, City Clerk 
 
 
APPROVED AS TO FORM:  
 
 
 
 
 
 
 
Justin Pierce, City Attorney