Chapter 1
STREETS, SIDEWALKS AND PUBLIC WAYSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75261
7-1-1: STREET DEPARTMENT:
7-1-2: SIDEWALK REGULATIONS:
7-1-3: OBSTRUCTION OF PUBLIC STREETS BY RAILROADS:
7-1-4: OBSTRUCTIONS TO STREETS AND SIDEWALKS:

7-1-1: STREET DEPARTMENT:linklink


A. Created: There is hereby created a department of streets, which shall have general supervision of the streets, sidewalks, bridges and other public ways.


B. Public Works Director: The department shall be under the direction and control of the public works director. (1989 Code § 11-311)


C. Powers And Duties: The department shall:

1. Supervise the construction, maintenance and repair of streets, sidewalks, bridges, curbs, gutters, culverts, drains, waterways and other public ways;

2. Control all waters flowing on the streets, sidewalks and public ways, whether originating from storm, flood, drainage or irrigation waters;

3. Keep a record of and promptly investigate all complaints of defective streets, culverts, drains, ditches, sidewalks and other public ways and, when proper, repair, replace or take such action as deemed best, and shall record the action taken on each complaint;

4. Enforce the provisions of this title, and all other ordinances relating to the maintenance and use of streets, culverts, drains, ditches, waterways, curbs, gutters, sidewalks and other public ways; and

5. Repair, or cause to be repaired, all defects coming to the department's attention and take responsible precautions to protect the public from injuries due to such defects pending their repair. (1989 Code § 11-312; amd. 2012 Code)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75261#s1356528
7-1-2: SIDEWALK REGULATIONS:linklink


A. Snow Removal1:

1. It shall be unlawful for the owner, occupant, lessor or agent having charge or control of any property, building, lot, land or any real estate abutting against any street to fail, refuse or neglect to remove promptly and effectively every snowfall from the sidewalk in front of such property. In any event, all such snow, ice and hail shall be removed within twenty four (24) hours of the end of the storm.

2. Any area of a sidewalk where snow has not been removed as required in this subsection is hereby declared to be a public nuisance and may be abated by civil action.

3. It shall be unlawful to blow, shovel or plow snow from private property onto a public street or right of way.

4. It shall be unlawful for any person removing snow from the sidewalk to deposit dirt, leaves or other such material in the gutter, so as to clog or prevent the free flow of water therein. (Ord. 09-01, 1-20-2009)

5. A violation of subsection A1, A3 or A4 of this section shall be an infraction and shall be punishable as provided in section 1-4-1 of this code. (Ord. 09-01, 1-20-2009; amd. 2012 Code)


B. Placing Trash Or Other Obstructions Prohibited: It shall be unlawful for any person owning, occupying or having control of any premises to place, or permit to be placed (except on normal garbage collection days or within 7 days prior to a special city trash collection) upon or in the public street, parking area, gutter or sidewalk, or on the half of the street next to such premises, any of the following materials which could hamper pedestrian traffic or obstruct passage:

1. Any broken ware, glass, filth, rubbish, sweepings, refuse matter, ice, snow, water, garbage, ashes, tin cans or other like substances;

2. Any wagons, lumber, wood boxes, fencing, building materials, dead trees, tree stumps, merchandise or other thing, except as expressly authorized by ordinance, without the permission of the city council; and

3. Any permanent or temporary structure, mechanism, device, vehicle, or other thing of any kind or character, except trees planted pursuant to the provisions of applicable ordinances. (1989 Code § 11-362; amd. 2012 Code)


C. Doors Opening Into Streets: It shall be unlawful for any person, firm or corporation owning or having the control or management of any alley, road or passageway to construct or hang gates or doors to such alley, road or passageway so that the gates or doors thereto, when open, shall project outwardly more than two feet (2') over or upon the sidewalk or beyond the property line. (1989 Code § 11-364)


D. Discharge Of Water On Sidewalk: It shall be unlawful for any person owning, occupying or having control of any premises to fail, refuse or neglect to prevent water from these premises or from any other source under the control of such person to be discharged upon the surface of any sidewalk. (1989 Code § 11-365)


E. Crossing At Intersections: It shall be unlawful for any person to drive or park a self-propelled vehicle or lead, drive or ride any animal upon any sidewalk, except across a sidewalk at established crossings. (1989 Code § 11-366)


F. Business To Keep Sidewalk Clean: It shall be unlawful for any owners or occupants of any place of business to refuse, neglect or fail to cause the sidewalk abutting thereon to be swept or cleaned each morning before the hour of nine o'clock (9:00) A.M. (1989 Code § 11-367)


G. Placing Goods On Sidewalks For Sale Or Show: No goods, wares or merchandise shall be placed, maintained or permitted for sale or show in or on any parking area, street or sidewalk beyond two feet (2') from the front line of the lot, without first obtaining the written approval of the city council. Such approval shall be granted only when such sale or show shall be a promotional activity not exceeding forty eight (48) hours and when participated in by a majority of firms seeking approval in their business areas. The city council's written approval shall specifically provide that no goods, wares or merchandise shall be placed in such a manner as to leave less than a six foot (6') passageway for pedestrians. (1989 Code § 11-368)


H. Placing Goods On Sidewalks For Receipt Or Delivery: It shall be unlawful for any person to place or permit to be placed or kept upon any sidewalk, any goods, wares or merchandise which he may be receiving or delivering, without leaving a foot passageway upon such sidewalk. It shall be unlawful for any person receiving or delivering such goods, wares or merchandise to permit the same to be or remain on such sidewalk for a longer period than four (4) hours. (1989 Code § 11-369; amd. 2012 Code)


I. Residences To Keep Sidewalks Clean And Clear: It shall be unlawful for any owners or occupants of any residence, business or lot to refuse, neglect or fail to cause the sidewalk to be clean and clear of any shrubs, bushes, overhanging or protruding tree limbs and debris. (1989 Code § 11-370)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75261#s1356529
7-1-3: OBSTRUCTION OF PUBLIC STREETS BY RAILROADS:linklink


A. Regulations And Prohibitions:

1. No railroad company, railroad engineer, railroad conductor or any other person operating or in control of the movement of any railroad train or locomotive, shall cause or permit any locomotive, railroad car, train or railroad cars or any portion thereof to obstruct any intersection between a railroad and public street so as to prevent any person or vehicle from crossing the railroad tracks at such intersection for a period longer than five (5) minutes, except:

a. When necessary to comply with signals affecting the safety of the movement of trains (as required by state and federal regulations);

b. When necessary to avoid striking any object or person on the track;

c. When the train is disabled;

d. When the train is in motion or while engaged in switching operations (as required by State and Federal regulations);

e. When there is no vehicular traffic waiting to use the crossing; or

f. When necessary to comply with a governmental safety regulation.

2. In the event that a railroad train, locomotive, railroad car or railroad cars, or any portion thereof, obstruct any intersection between a railroad and public street so as to prevent any person or any vehicle from crossing the railroad tracks at such intersection for a period longer than five (5) minutes, notice shall be given at each such crossing by the engineer, conductor or other employee of said railroad company of such delay by means of a handheld sign clearly visible to the waiting motorists or pedestrians that said locomotive, railroad car, train or portion thereof will be delayed for more than five (5) minutes at such crossings. (Ord. 91-2, 2-5-1991)


B. Penalty: A violation of any provision of this section shall be a Class B misdemeanor, and shall carry a mandatory minimum fine of five hundred dollars ($500.00) and a maximum penalty as provided in section 1-4-1 of this Code. Each occurrence of delay for a period of more than five (5) minutes which is not excused by the provisions and exceptions set forth in subsection A1 of this section shall be a separate offense. No criminal conviction shall excuse a person from otherwise complying with the provisions of this section. (Ord. 91-2, 2-5-1991; amd. 2012 Code)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75261#s1356530
7-1-4: OBSTRUCTIONS TO STREETS AND SIDEWALKS:linklink


A. Prohibited: It is unlawful to place or permit, or cause to allow to be placed or permitted, or for a property owner adjacent to a public right-of-way to permit the continued existence of, anywhere upon a public street or sidewalk, anything which wholly or partially obstructs, impedes or blocks use by pedestrians or vehicles. This prohibition includes trees, bushes, sidewalks raised by trees or other means, un-level sidewalks, dirt, rocks, rubbish, construction materials, wood, trailers or vehicles. It shall be unlawful for any person to place a trash dumpster within public rights-of-way that impedes traffic or creates a driving hazard.


B. Temporary Dumpster Or Portable Storage Device:

1. A permit to place a dumpster, temporary dumpster, or portable storage device shall be for an initial term of not more than fourteen (14) days.

2. Provided the permit applicant is in compliance with the provisions of this title and any other applicable City regulations, a renewal permit may be approved and issued for an additional fourteen (14) day period upon application and payment of the permit renewal fee.

3. No more than one renewal permit shall be issued by the City for any dumpster, temporary dumpster, or portable storage device placed upon any City street.

4. The dumpster, temporary dumpster, or portable storage device shall be removed no later than the expiration date of the permit.

5. No dumpster, temporary dumpster, or portable storage device may be placed:

a. On any arterial or collector road in the City;

b. Within forty feet (40') of an intersection;

c. Within any prohibited or restricted area;

d. Nearer than fifteen feet (15') to any fire hydrant;

e. Within the designated travel lane of any street extending a distance of more than nine feet (9') from the curb line or edge of pavement;

f. To interfere with any required clear sight distance across any intersection;

g. To obstruct any pedestrian way or the travel lane of any public street; or

h. To interfere with the operation or maintenance of any public utility.

6. Any dumpster, temporary dumpster, or portable storage device shall have the following:

a. The name, address and telephone number of the dumpster, temporary dumpster, or portable storage device owner/operator displayed conspicuously on at least two (2) sides of the device;

b. Reflective tape shall be placed upon all four (4) sides of the dumpster, temporary dumpster, or portable storage device in such a manner as to make it visible at night;

c. Any dumpster, temporary dumpster, or portable storage device rollers or wheels shall be placed upon a wooden pad of at least six inches by six inches and at least three-fourths (3/4) of an inch in thickness, or on a similarly protective device in order to prevent damage to the road surface.

7. No dumpster, temporary dumpster, or portable storage device shall:

a. Be loaded in such a manner as to cause its contents to spill onto any street, sidewalk, or other area intended for pedestrian travel;

b. Contain any hazardous waste unless pursuant to a permit for such waste issued by the appropriate governmental entity;

c. Emit any noxious or offensive odor; or

d. Otherwise create any hazard or risk to public health.

8. In addition to the provisions of subsections B5, B6, and B7 of this section, the placement of any dumpster shall be in accordance with the requirements of the State of Utah Motor Vehicle Code.

9. If any damage or injury occurs to the asphalt, curb or sidewalk by a dumpster, temporary dumpster or portable storage device which is caused or the result of the use or occupancy of any street or road, the permittee shall be responsible and liable to restore the asphalt, curb or sidewalk to its original condition.

10. If the permittee refuses to properly restore the asphalt, curb and sidewalk to its original condition, the City may do so and collect the cost of the same from the permittee.


C. Encroachment: Trees, bushes or other growth, or the branches, fruit or leaves thereof, which encroach directly upon the street or sidewalk, or within eleven feet (11') above the street or seven feet (7') above the sidewalk, are prohibited.


D. Violation: Violations of this section may also be treated as a Class C misdemeanor, subject to penalty as provided in section 1-4-1 of this Code. (Ord. 2019-01, 6-4-2019)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75261#s1356531


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See also subsection 4-2-1C2u of this code.