TITLE 12. Chapters: USE OF SIDEWALKS GENERAL USE OF STREETS MEETINGS, ASSEMBLIES AND PARADES EXCAVATIONS 12.

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1 TITLE 12 Chapters: USE OF SIDEWALKS GENERAL USE OF STREETS MEETINGS, ASSEMBLIES AND PARADES EXCAVATIONS CITY PARKS Page 1 of 12

2 Chapter Sections: USE OF SIDEWALKS Obstructions Discharges of water Receiving goods Driving or riding upon Sweeping in front of businesses Obstructions. It is unlawful for any person owning, occupying or having control of any premises, to place, or permit to be placed upon the sidewalk of the half of the street next to such premises: 1. Any broken ware, glass, filth, rubbish, refuse matters, ice, water, mud, garbage, ashes, tin cans or other like substances; 2. Any vehicles, lumber, wood, boxes, fencing, building materials, dead trees, tree stumps, merchandise or other thing which shall obstruct such public street or sidewalk or any part thereof, or the free use and enjoyment thereof, or the free passage over and upon the same, or any part thereof, without the permission of the city council. (Prior code 15-1.) Discharges of water. It is unlawful for any person owning, occupying or having control of any premises to suffer or permit irrigation or well water or water from the roof or eaves of any house, building or other structure, or from any other source under the control of such person, to be discharged and spread upon the surface of any sidewalk or street. (Prior code 15-2.) Receiving goods. It is unlawful for any person to place or keep, or suffer to be placed or kept upon any sidewalk, any goods, wares or merchandise which he may be receiving or delivering, without leaving a 10 foot passageway clear upon such sidewalk; and it is unlawful for any person receiving or delivering such goods, wares or merchandise to suffer the same or remain on such sidewalk for a longer period than one hour. (Prior code 15-3.) Driving or riding upon. It is unlawful for any person to drive a self- propelled vehicle or team, or lead, drive or ride any animal upon any sidewalk, except across a sidewalk at established crossings. (Prior code 15-4.) Sweeping in front of businesses. It is unlawful for the owners or occupants of places of business within this city to fail to cause the sidewalk abutting thereon to be swept or cleaned each morning before the hour of nine a.m. (Prior code 15-5.) Sections: Depositing material prohibited Streamers, banners and signs Depositing material prohibited. Chapter GENERAL USE OF STREETS Page 2 of 12

3 Depositing material prohibited. 1. It is unlawful for any person intentionally or carelessly to throw, cast, put into, drop or leave in any street, gutter, sidewalk or public place any stones, gravel, sand, coal, dirt, manure, garbage, leaves, lawn or hedge clippings or rubbish of any kind or any other substance which shall render such highway unsafe or unsightly or shall interfere with travel thereon, or to direct or instruct another person to do the same. The liability for the removal of such material shall rest with: a) the owner of the material, if the material is placed at the owner's direction or through the actions of the owner, or if the material is deposited adjacent to the owner's property; or b) the person or persons who placed the material, whether intentional or not, in violation of this section; or c) both the owner of the material and the person or persons who placed the material in violation of this section 2. Any person cited for violating this section shall remove the material within forty eight hours of the citation or be guilty of a Class B misdemeanor. Each day a violation of this Chapter continues after the notice, shall constitute a separate offense. The city may proscribe a shorter time for removal in cases where the city determines that the material poses an extreme hazard to the public. If the person or persons cited under this section fail to remove the material within the required time, the city may remove the material to another location or dispose of the material at the expense of the person or persons cited. Persons cited in violation of this section may also be liable for any cost incurred by the city for the erection of barricades or warning signs when the city deems it necessary to protect the safety of the public. (Prior code 15-9.)(Ord. 97-1, Amended, 08/16/2000) Streamers, banners and signs. It is unlawful for any person to construct, erect or maintain any streamers, banners, or signs, or suspend the same over any public street or alley of this city without obtaining a permit so to do from the city council, applications for which shall specify the width and length of such streamers, banners or signs, the height the same shall be suspended from the pavements, and the length of time the same is desired to remain. (Prior code ) Sections: Definitions Permit-Required Exceptions Permit--Application Permit--Required findings Authority to impose conditions Prior application Issuance or denial--notice Appeal procedure Permit--Issuance conditions Permittee duties Permit--Revocation Public conduct--obstruction prohibited Public conduct--vehicle parking Violations -- penalties Chapter MEETINGS, ASSEMBLIES AND PARADES Definitions. As used in this chapter: 1. "Activity" means a parade, public meeting or assembly. 2. "Funeral procession" means a single direct movement from a mortuary or church to the place of Page 3 of 12

4 burial of a human body, under direction of an authorized funeral director. 3. "Parade" means a march or procession of any kind. 4. Public meeting or assembly" means a planned or organized gathering of a group of persons or any ceremony, show, exhibition or pageant which may reasonably be expected to result in the gathering of a group of persons, upon any public streets park or other public grounds. (Ord. No (part), 1985; prior code (1).) Permit-Required. It is unlawful for any person to hold, manage, conduct, aid, participate in, form, start or carry on any parade or public meeting or assembly, as defined herein in or upon any public street, park or other public grounds in the city unless and until a permit to conduct such meeting, assembly or parade has been obtained in compliance with the provisions of this chapter, except as herein provided. (Ord. no (part), 1985; prior code 15-10(2).) Exceptions. This chapter shall not apply to any of the following: 1. Funeral processions; 2. A governmental agency acting within the scope of its functions; and 3. Students going to and from school classes or participating in educational activities, providing such activity is authorized by the school district and is under the immediate direction and supervision of the school authorities authorized by the school district to approve and supervise such activity. (Ord. no. 130 l (part), 1985; prior code 15-10(3).) Permit--Application. 1. Application for permits under this chapter must be filed with the chief of police not less than five days in advance of the proposed activity. Late application may be accepted if filed sufficiently in advance of the date of the proposed activity to enable the chief of police to determine that such activity will meet the requirements set forth in Section The application shall be in writing and shall give the following information: a. The name, address and telephone number of the person requesting the permit. If the activity is proposed to be conducted for, on behalf of, or by any organization, the name, address and telephone number of the headquarters of the organization and the authorized head of such organization shall be stated; b. The name address and telephone number of the person who will be directly in charge of and responsible for the activity; c. The purpose of the activity; d. The date, time and location or route of the proposed activity; e. The approximate number of persons who will participate in the activity and the number and kind of vehicles, equipment and animals which will be used; f. Plans for the assembly and dispersal of the parade, including times and locations thereof; g. A statement as to whether the parade will occupy all or only a portion of the streets proposed to be traversed; h. A statement as to whether a permit has been requested or obtained from any other city within which such activity shall commence, terminate or occur in part; and i. Any additional information which the chief of police shall find reasonably necessary to a determination of the findings required by Section (Ord. no.130 1(part), 1985; prior code (4).) Permit--Required findings. The chief of police or his designated representative shall issue a permit as provided for hereunder when from a consideration of the application and from such other information as may otherwise be obtained he Page 4 of 12

5 finds that: 1. The conduct of such activity will not substantially interrupt the safe and orderly movement of other traffic; 2. The concentration of persons, animals and vehicles will not unduly interfere with proper fire and police protection of, or ambulance service to, areas where the activity will take place or areas contiguous to such area; 3. The conduct of such activity will not unduly interfere with the movement of firefighting equipment en route to a fire, or the movement of other emergency equipment; 4. The conduct of such activity is not reasonably likely to cause injury to persons or property; and 5. Such activity is not to be held for the sole purpose of advertising the goods, wares, or merchandise of a particular business establishment or vendor. (Ord. no (part), 1985; prior code 15-10(5).) Authority to impose conditions. The chief of police shall have authority to impose such conditions as are necessary to ensure that all of the findings mentioned in Section shall exist during the continuation of the activity. (Ord. no. 130 l (part), 1985; prior code 15-10(6).) Prior application. If a prior permit application shall have been made for an activity proposed to be held at the same time or place, the chief of police may refuse approval of the later application. In case of such refusal, he shall forthwith send the applicant a written notice that he may apply for an alternate time and place. (Ord. no (part), 1985; prior code (7).) Issuance or denial--notice. The chief of police shall act upon the permit application within three days of the filing thereof. If he disapproves of the application, he shall mail to the applicant within that three-day period notice of the denial and the reason for it. (Ord. no. 130 l (part), 1985; prior code (8).) Appeal procedure. The applicant shall have the right to appeal the denial of a permit to the city council. A notice of appeal shall be filed with the city recorder within two days after receipt of notice of the denial. The city council shall act upon the appeal at its next meeting following receipt of the notice of appeal. (Ord. no (part), 1985; prior code (9).) Permit--Issuance conditions. Conditions to the issuance of any permit shall be set forth in the permit. (Ord. no (part),1985; prior code (101).) Permittee duties. 1. A permittee hereunder shall comply with all terms and conditions of such permit and with all applicable laws and ordinances. 2. The written permit obtained pursuant to this chapter shall be carried by the person heading or leading the activity for which the permit was issued. (Ord. no (part), 1985; prior code 15-10(11).) Permit Revocation. The chief of police may revoke any permit issued hereunder upon the failure of the permitter to comply with the terms and conditions of such permit or if the activity, because of the manner in which it is being conducted, or for any other reason, is jeopardizing those elements of the public safety or welfare set Page 5 of 12

6 forth in Section (Ord. no. 130 l (part), 1985; prior code (12).) Public Conduct--Obstruction prohibited. It is unlawful for any person to unreasonably obstruct, impede or interfere with any parade or public meeting or assembly or with any person, vehicle or animal participating in such parade, meeting or assembly for which a permit has been granted in accordance with the provisions of this chapter. (Ord. no (part), 1985; prior code (13)(a).) Public conduct--vehicle parking. The chief or police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting part of the route of a parade, the chief of police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. (Ord. no (part), 1985; prior code 15-10(13)(h).) Violations and Penalties Any person violating, causing, or permitting a violation of any provision of this Chapter shall be guilty of a Class B misdemeanor. Each day a violation of this Chapter continues shall constitute a separate offense. Sections: Permit required Bond required Commencement and completion Inspection Work guarantee Barricades and lights Violation--Penalty. Chapter EXCAVATIONS Permit--Required. It is unlawful for any person to make any excavation in any public street or road or to remove any asphalt, pavement or other materials forming any street or road without first obtaining a permit from the city building inspector. Such permit shall be issued in accordance with the provisions of this chapter and only if said excavation can be accomplished in such a manner as to protect the safety of the general public. (Ord. no. 66 1, 1979.) Bond-Required. The person applying for an excavation permit shall be required to deposit with the city treasurer the sum of $300 cash or such person may obtain a bond in said amount in form and content acceptable to the city attorney. Such deposit or bond must be provided before the permit may be issued. (Ord. no. 66 2, 1979.) Commencement and completion. The person issued an excavation permit shall be required to commence and complete the excavation work covered by the permit within 10 days. If the last day of the time period falls on a weekend or holiday the time for performance shall automatically be extended to the next regular working day. In the event such excavation work is not completed, in full, within the said 10 day time period, the permit holder shall forfeit the cash deposit or bond proceeds to the city. If any person, firm, or corporation installs, places, constructs, alters, repairs, or maintains any approach road, driveway, pole, pipeline, conduit, sewer, ditch, culvert, outdoor advertising sign, or any other structure or object of any kind or character within the right-of-way of any highway without complying with this chapter, the city may remove the installation from the right-of-way, Page 6 of 12

7 require the person, firm, or corporation to remove the installation, or give written notice to the person, firm, or corporation to remove the installation from the right-of-way. Such written notice shall comply with section of the Utah Code Annotated. If the installation is not removed within ten days after the notice is complete, the city may remove the installation at the expense of the person, firm, or corporation. The city may recover the costs and expenses incurred in removing the installation, serving notice, and the costs of a lawsuit, if any, and $10 for each day the installation remained within the right-of-way after notice was complete. (Ord. no.66 3, 1979.)(Ord. 97-1, Amended, 08/16/2000) Inspection. The permit holder shall comply with the specifications of the city with respect to repair of the street or road excavated and shall be responsible to call for an inspection of the work by the city building inspector when it is completed. The fact that the permit holder has obtained an excavation permit does not relieve such permit holder from the responsibility to maintain appropriate barricades, lights and other necessary equipment in order to protect the general public from harm. (Ord. no. 66 4, 1979.) Work guarantee. The permit holder shall warrant and guarantee that any street and road repair shall remain in good condition for a period of one year after inspection by the city building inspector. The city may, in its discretion, cause the permit holder to furnish the city with a bond in an amount sufficient to correct any defective repairs during said guarantee period. (Ord. 66 5, 1979.) Barricades and lights. It is unlawful for any person, by or for whom any excavation is made in a public street for any purpose, to fail to cause a barricade, rail or other sufficient fence to be placed so as to enclose such excavation, together with the dirt, gravel or other material thrown therefrom, and to maintain such barricade during the whole time for which such excavation continues; and it is unlawful for any person to fail to have lighted lanterns or some other proper and sufficient lights fixed to parts of such barricade, or in some other proper manner over or near the excavation, and over and near the dirt, gravel or other material taken therefrom and so kept from the beginning of twilight through the whole of every night during all the time such excavation exists. It is unlawful for any person willfully and unlawfully to extinguish, remove, diminish, deface or interfere with such light or any highway sign, signal, notice, or warning or to tear down, remove, or interfere with any rail, fence or barricade fixed in accordance with the provisions of this section. (Prior code 15-8.) (Ord. 97-1, Amended, 08/16/2000) Violation--Penalty. Any person violating any of the provisions of Sections through shall be guilty of a Class B misdemeanor. Each day a violation of this Chapter continues shall constitute a separate offense. (Ord. no. 66 8, 1979.) Sections: Chapter CITY PARKS Purpose Definitions Hours of use Motor Vehicles Commercial vehicles Bicycles Paths, trails or roads. Page 7 of 12

8 Animals Tethering animal to tree or structure prohibited Interference with animals or fowl prohibited Hunting and fishing Restroom facilities Concession stands Distribution of advertising material Camping Fires Littering prohibited Firearms Defacing or destruction of property Alcohol Archery Smoking and Vaping Golf Games restricted to designated areas Prohibited activities Noise restrictions Commercial use Violation--Penalty Purpose. This chapter shall be for the purpose of establishing regulations for the use of city parks, to provide for the maximum enjoyment of the city parks by the citizens of Lindon City. (Ord. no.171, enacted 10-89, effective date ) Definitions. As used in this chapter, the term "park" includes any piece of ground located either within the city limits, or that is under control of the city, that is operated and maintained by the city and set apart for the use of the general public, whether developed or undeveloped, and that is usually, or may be, planted with trees, lawns and other shrubbery. The term "park" also includes those facilities located within a park which are established for recreational, sporting, and entertainment activities. (Ord. no. 171, enacted 10-89, effective date ) Hours of use. The hours of use for city parks shall be between the hours of 6:00 a.m. and 11:00 p.m. unless otherwise established by resolution of the Lindon City Council. No person shall be permitted in city parks, either on foot or in any type of vehicle or conveyance during the hours of prohibited use, unless it shall be for the express purpose of traveling directly through the park on a public street. (Ord , Amended 9/16/2008, Ord. no. 171, enacted 10-89, effective date ) Motor Vehicles 1. No motor vehicle may be operated or driven within any park at a speed in excess of that speed posted on the particular road, trail or pathway within the park, which speed shall not, in any event, exceed the speed of 15 miles per hour. 2. No motor vehicle may be driven within a city park, other than in those areas specifically designated and posted for that particular purpose. This restriction shall not apply to motorized or self - propelled equipment used within the park by city employees for transportation, maintenance, and service of city parks and park facilities, or to emergency vehicles. 3. No person shall operate or drive any motor vehicle upon any street or path within a public park in the city which is designated, by appropriate signage, to be used only for city maintenance vehicles. 4. Motor vehicles shall include, but shall not be limited to, automobiles, trucks, tote goats, motorcycles, Page 8 of 12

9 three wheelers, four wheelers, motor bikes, snow mobiles, and any and all other self-propelled mechanical vehicles. No motor vehicle, even though operated within the speed permitted and in or on the places provided for such vehicles, shall be operated in a careless or reckless manner within the park area. (Ord. no. 171, enacted 10-89, effective date ) Commercial vehicles. No person shall drive or operate any commercial vehicle upon any road or driveway in any city park, except as may be specifically provided or designated for such use, by appropriate signage. (Ord. no. 171, enacted 10-89, effective date ) Bicycles. No person shall operate or ride a bicycle in any area in any city park which is designated, by appropriate signage, as not allowing bicycle use, or in any area where such use may damage park facilities, plants, or other vegetation. Bicycles shall not be operated in a careless or reckless manner. (Ord. no. 171, enacted 10-89, effective date ) Paths, trails or roads. When a trail, path or road within a park is designated, by appropriate signage, to be used for a specific purpose or purposes, then such trail, path or road may only be used for the purpose designated. (Ord. no. 171, enacted 10-89, effective date ) Animals. 1. Except as specifically provided in this chapter, no person shall lead, ride or permit any animal to be within a city park, except in the Lindon City Arena and related facilities, and other areas specifically designated for such use, and except that dogs properly licensed with Lindon City, and in compliance with all city regulations are allowed in city parks. 2. Obedience class instructors and animal show promoters shall not use city parks unless a permit has been obtained from the city. A permit for an obedience class or animal show may be granted by the city upon compliance with the following conditions: a. The permit must be obtained prior to the use of the city park. b. The applicant must pay the fee as established by resolution of the city Council. c. A clean-up bond, in such amount as determined by the city Council, must be deposited by the applicant with the city to assure the proper clean-up of the city park. d. A written plan must be provided by the permit applicant demonstrating the physical means for restraining and confining the permitted animals to the designated area. e. The applicant, immediately following the activity or event, must clean the park area of all refuse, trash and animal waste. f. Animals officially registered for obedience classes or animal shows for which a permit has been obtained, may be permitted within the city parks during the obedience class or animal show. (Ord. no. 171, enacted 10-89, effective date ) Tethering animal to tree or structure prohibited. No person shall hitch or fasten any horse or other animal to any tree or other place or structure within a city park not specifically designated and provided for such purpose. (Ord. no. 171, enacted , effective date ) Interference with animals or fowl prohibited. No person shall annoy, injure, release from confinement, or in any manner interfere with any swan, duck, goose, bird or other animal in a city park. Page 9 of 12

10 Hunting and fishing. No person shall hunt or fish in any park unless there are specific facilities set aside for that purpose and then only in accordance with such use, as designated by appropriate signage. (Ord. no. 171, enacted 10-89, effective date ) Restroom facilities. No person over six years of age shall enter or utilize any restroom facility designated for members of the opposite sex, at a facility located within the city park. (Ord. no. 171, enacted 10-89, effective date ) Concession stands. The city shall have control over all concession stands or dispensaries that sell any items to the public in any city park, and before any concession shall be permitted in any park, an approval and license must first be obtained from the city. (Ord. no. 171, enacted 10-89, effective date ) Distribution of advertising material. No person shall distribute any commercial advertisement, or post, place or erect any commercial advertisement, of any nature, within any city park or on any recreational facility located within the city parks, except as may be authorized by the city. (Ord. no. 171, enacted 10-89, effective date ) Camping. No person shall camp or erect any tent or shelter within any city park without first obtaining a written permit to do so from the city. (Ord. no.171, enacted 10-89, effective date ) Fires. No person shall build or ignite any fire within any city park, except in receptacles provided for that purpose, without first obtaining a written permit to do so from the city. (Ord. no. 171, enacted 10-89, effective date ) Littering prohibited. 1) No person shall leave or deposit rubbish or refuse anywhere within the city parks, or related facilities, except in containers provided for that purpose. 2) No person shall bring rubbish or refuse onto any public park, or leave or deposit rubbish or refuse generated from off-park activities, in any park refuse container. 3) No person shall pollute any stream of water located within any city park (Ord. no. 171, enacted , effective date ) Discharge and Possess of Fireworks, Explosives or Firearms. 1. Discharge: No person shall discharge any firearm, firecrackers, rockets, torpedoes, powder, or any other fireworks or explosives, within any city park, except persons who have obtained a permit from the City. 2. Possession: No person shall have possession of any of the items identified in subpart (1) within any city park, except persons who have obtained a permit from the City, or possess an item over which the state legislature has retained jurisdiction to regulate and control under 53-5a0192, and 78B of the Utah Code. (Ord. no. 171, enacted 10-89, effective date Ord , Amended 12/20/11) Defacing or destruction of property. No person shall cut, break, remove, injure, deface, destroy, damage, or pick any flower, vine, shrub, plant Page 10 of 12

11 life, or other park improvement or park facilities. (Ord. no. 171, enacted 10-89, effective date ) Alcohol. No person shall consume or have possession of any beer or other alcoholic beverage within a city park. (Ord. no. 171, enacted 10-89, effective date ) Archery. No person shall engage or be involved in any archery activity, or the discharge of any arrow or similar device, within any city park. (Ord. no.171, enacted 10-19, effective date ) Smoking and Vaping. 1. In all City parks, smoking and vaping is prohibited within twenty five feet (25 ) of children s play areas, pavilions, restrooms, or sports fields as designated by No Smoking signs. 2. During any sporting or recreation event(s), smoking and vaping is prohibited within twenty five feet (25 ) of the athletic fields, sports courts, trails and play areas where the sporting or recreation event(s) are taking place, and is only permitted in associated parking areas. 3. In all City parks, the City shall post No Smoking signs which shall read No Smoking or Vaping in Lindon City Parks Pursuant to City Code 12:20: This Ordinance shall be enforced by the Police Department of Lindon City and any person may initiate enforcement by registering a complaint with the Police Department. Any person found in violation of this section shall be guilty of a Class B Misdemeanor and fined, upon conviction, an amount not to exceed $ For purposes of this Section, the following Definitions will apply: a. Smoking: The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe, or any other matter or substance which contains tobacco or any other substance that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device. b. Vaping: Inhaling vapor or liquid through a personal vaporizer, e-cigarette, or other electronic smoking device. (Ord. no O, amended ) Golf. No person shall engage or be involved in any golf activity, or the playing or practice of the sport of golf, within any city park. (Ord. no. 171, enacted , effective date ) Games restricted to designated areas. No person shall engage or be involved in any sport or recreational activity which normally requires the use of a specific physical facility, except within the physical confines of park facilities which are provided for such use, including but not limited to softball and baseball. (Ord. no. 171, enacted 10-89, effective date ) Prohibited activities. No person shall engage or be involved in any activity, sport, or recreational activity which is stated, by appropriate signage, as a prohibited activity, sport or recreational activity. (Ord. no.171, enacted 10-89, effective date ) Noise restrictions. Page 11 of 12

12 No person shall play or cause to be played amplified sound without obtaining a permit from the city to do so. Such permit may be denied by the city where it is the reasonable belief of the city that such sound or music would have the propensity to disturb the peaceful enjoyment of the park facilities by the members of the public or annoy residents adjoining park facilities. (Ord. no. 171, enacted 10-89, effective date ) Commercial use. No person shall use a city park for any commercial purpose without first obtaining a written permit to do so from the city. (Ord. no.171, enacted 10-89, effective date ) Violation--Penalty. Any person violating any of the provisions of this chapter shall be guilty of a Class B Misdemeanor. Each day a violation of this Chapter continues shall constitute a separate offense. (Ord. no. 171, enacted 10-89, effective date ) Page 12 of 12