Chapter 7.05
PARKS, TRAILS AND SPECIAL EVENTS
Sections:
7.05.040 Permits, regulations and use requirements.
7.05.050 Violation – Eviction.
7.05.010 Purpose.
This title shall be interpreted to protect and encourage recreational activity including informal and organized sports, outdoor activities sponsored by or permitted by the city, informal play and other suitable recreational activities. [Ord. O-17-2011 § 2 (Exh. A § 7.1.1)].
7.05.020 Applicability.
The regulations and use restrictions of this title apply to all publicly dedicated parks, trails and open spaces and single-purpose recreational facilities within Eagle Mountain City. [Ord. O-17-2011 § 2 (Exh. A § 7.1.2)].
7.05.030 Definitions.
Specific terms used in this chapter are defined as follows:
“City” means Eagle Mountain City, a municipal corporation of the state of Utah.
“Park” means a land parcel in the ownership or under the control of the city for the use of the general public, whether landscaped or otherwise improved. Parks include special recreation facilities such as the Silver Lake Amphitheater, skate park or bike park, field facilities for sports, group entertainment or other areas improved with informal play equipment or for individual recreation, water-based recreation or as trails. A park may consist solely of a single-purpose facility such as the Silver Lake Amphitheater, skate park or bike park.
“Recreation” means leisure activity for the purpose of relaxation, entertainment or physical or mental exercise.
“Recreational facilities” means all parks, open space and other specifically planned single-purpose facilities and areas and trails under the ownership or supervision of the city intended for recreation.
“Smoking” means:
1. The possession of any lighted or heated tobacco product in any form;
2. Inhaling, exhaling, burning, or heating a substance containing tobacco or nicotine intended for inhalation through a cigar, e-cigarette, cigarette, pipe, or hookah; or
3. Using an oral smoking device intended to circumvent the prohibition of smoking in this chapter.
“Special events” means group-sponsored activities requiring approval of an application for reservation of specific park areas, trails, roadways or single-purpose facilities.
“Supervisory authority” means the city manager or designee of Eagle Mountain City.
“Trail” means a developed path for walking, running or bicycling. [Ord. O-21-2024 § 2 (Exh. A); Ord. O-11-2016 § 2 (Exh. A); Ord. O-17-2011 § 2 (Exh. A § 7.1.3)].
7.05.040 Permits, regulations and use requirements.
A. The city may approve special event applications or use application reservation requests submitted by private parties for park facilities or events requiring specific park areas or other city-owned properties which will permit exclusive park facility or trail or property use for private individuals and groups sponsoring special events. An application for a reservation for a group-sponsored use or for group-sponsored special events shall be filed in writing with the city on forms approved by the city. Uses by the city for recreation programs or city-sponsored special events have priority over privately sponsored group uses or events in cases of conflicting requests for specific facilities or specific park areas. Approved reservation uses or special event applications for group-sponsored events must conform to the application special park use guidelines and the provisions of this title. Group-sponsored uses and activities include entertainment events, association and club activities, family reunions, privately sponsored ticketed events and political activities and other activities not sponsored by the city. Applicants for special events permits or reservations of facilities for exclusive use shall make an adequate security deposit with the city to secure payment to the city to reimburse the costs to the public for such events. Deposits shall be paid before approval of each application and shall be calculated based on the reasonable costs for emergency services, sheriff’s personnel, city supervision of uses and clean-up and repair of city facilities.
B. Hours of Use. Parks in the city are closed overnight each day from 10:00 p.m. to 6:00 a.m. Trails are closed overnight each day from 10:00 p.m. to 6:00 a.m.
No person shall be permitted in parks, either on foot or in any type of vehicle or conveyance, during the hours a park or trails are closed.
C. Motor Vehicle Restrictions.
1. It is unlawful to operate or drive any motor vehicle within any park or recreation area at an unsafe speed or otherwise in excess of a posted speed limit.
2. No motor vehicles may be driven within a park or on a trail, other than in those areas specifically designated and posted for that particular purpose. This prohibition shall not apply, however, to motorized or self-propelled equipment used within a park by park officers or employees for transportation or that is used for maintenance and service of park facilities. Public safety, wheelchairs for persons with disabilities and emergency vehicles are exempt from this prohibition.
3. “Motor vehicles” shall include, but shall not be limited to, such vehicles as automobiles, trucks, tote goats, motorcycles, motor bikes, snowmobiles, ATVs, 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 a park area.
D. Business Vehicles. No person shall drive or have any vehicle, truck, wagon, cart or motor vehicle, carrying or being regularly used or employed in carrying commercial supplies or goods, merchandise, lumber, machinery, oil, manure, dirt, sand, soil or any offensive article or material in a park, except as may be specifically provided or designated for such use.
E. Bicycles Permitted. Bicycles may be operated and used anywhere within park areas across grass surfaces or any place where such use will not damage the facilities, landscaping or decoration of a park, except in areas where bicycles are specifically prohibited. Bicycles shall not be operated in a careless or reckless manner.
F. Snowmobiles Permitted in Certain Areas. Snowmobiles may be permitted to drive within park areas, but only at places which have been specifically designated for such use, when the weather conditions permit operation without damage to improvements, landscaping or other facilities.
G. Paths, Trails and Roads. When a public trail, path or road within a park is designated for any single specific purpose or purposes, such as an equestrian trail, bicycle path or other use, the designated trail may only be used for the specific purposes designated or for incidental uses in connection therewith that are necessary to accomplish the use permitted.
H. Animals Prohibited – Exceptions.
1. Except as provided in this provision, no person shall lead or allow any of the bovine species, or any horse, mule, goat, sheep, swine, dog or cat, at any time within a park, unless it is regulated as in subsection (H)(4) of this section. This subsection shall not prohibit horses that may be led, driven or ridden on specifically designated equestrian trails or equestrian parks.
2. This subsection shall not prohibit the walking of dogs, licensed in accordance with state and city laws, in public parks if the dog is leashed or under the control of the owner, and the owner takes responsibility for cleanup of any waste or damage caused by the dog.
3. The city may designate on a case-by-case basis those times where the provisions of this subsection shall be suspended for a special event.
4. The following regulations and limitations shall apply in all dog park areas:
a. Dog park areas are open from dawn until dusk.
b. Use of any dog park area by a responsible person and their dog(s) shall constitute implied consent of the responsible person to all of the conditions set forth in this section, a waiver of liability benefiting the city, and an agreement and undertaking to protect, indemnify, defend and hold the city harmless for any and all injury or damage caused by a responsible person’s dog during any time that the dog is in the dog park area.
c. All responsible persons shall, at all times, take all reasonable precautions to prevent their dog(s) from biting, attacking, or attempting to bite or attack any person or dog. A responsible person shall immediately remove their dog from the dog park area if it bites, attacks, or attempts to bite or attack any person or dog. A responsible person whose dog is bitten or attacked shall immediately remove their dog from the dog park area.
d. It shall be unlawful for any responsible person in a dog park area to not immediately pick up and properly dispose of the feces of the dog(s) for which they are responsible. Proper disposal shall include the placement of such feces in a bag or other container and its disposal in a waste container.
e. All responsible persons using a dog park area shall have a leash in their possession or reasonably accessible at all times for each of their dog(s) in the dog park area. Leashes shall be worn by the dog(s) at all times the dog(s) is(are) not in the dog park area. All responsible persons shall maintain control over their dog(s) at all times whether leashed or unleashed.
f. Dog handlers shall be at least 16 years of age or older.
g. No person shall place an aggressive dog, of any breed, in a dog park area even if such dog is on a leash.
h. Dogs shall be under voice control while in dog park areas.
i. No person shall place or allow to be placed a dog that is sick or in heat in a dog park area. Dogs under the age of four months are prohibited in all dog park areas.
j. All dogs shall be vaccinated for rabies, parvovirus, distemper, and bordetella and be legally licensed prior to use of any dog park area.
k. Glass containers are prohibited in all dog park areas.
l. A responsible person shall stop their dog(s) from digging in a dog park area and shall repair all damage that occurs.
m. One gate shall be securely closed before the second gate is opened.
n. Dogs over 25 pounds are prohibited in the small dog area.
o. Agility components within dog park areas are for dog use only.
p. Children under 16 years of age shall be accompanied and supervised by an adult at least 18 years of age while in a dog park area.
q. Any violation of this section shall be subject to an administrative citation in accordance with Chapter 4.10 EMMC, Administrative Code Enforcement Procedures.
I. Animal Control. No person shall ride or drive any horse or animal, permitted within a park in accordance with subsection H of this section, which is not well broken or under the control of the driver or rider within a park area.
J. Tethering Animal to Tree or Structure Prohibited. No person shall hitch or fasten any horse or other animal to any tree or any other place or structure within a park not especially designated and provided for such purpose.
K. 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 any other animal in a park.
L. Hunting and Fishing. No person shall engage in hunting or fishing in any park or open space.
M. Swimming or Wading. No person within a park shall swim, bathe or wade in the water of any fountain, pond, lake or stream not set aside for the purpose of recreation. No person shall pollute the water of any fountain, pond, lake or stream.
N. Separate Restroom Facilities. No person over six years of age shall enter or use any water closet designed for members of the opposite sex at a recreational or park facility.
O. Concession Stands. Before any concessions shall be permitted, a license or permit shall be approved and purchased from the city.
P. Distribution of Advertising Material. No person shall distribute any handbills or circulars, or post, place or erect any bills, notice, paper or advertising device or matter of any kind on or at a recreational or park facility, except such advertising as may be authorized in writing by the city.
Q. Games Restricted to Designated Areas. No person shall engage in any group play or game within a park except in such place as shall be specifically designated or designed for group play or games.
R. Camping. No person shall camp or lodge in any park or playground, except in places specifically designated and set apart for that purpose.
S. Littering Prohibited. No person shall discard, throw or deposit any bottles, tin, tin cans, broken glass, nails, tacks, crockery, wire, paper, clothes, scrap or sheet iron, boxes, lumber, stone, grass clippings, rubbish or garbage on the property of a recreational or park facility, except in designated garbage cans or receptacles. No person shall carry garbage or refuse to a park for purposes of disposal.
T. Fires – Permit Required – Designated Area. No person shall make or kindle a fire within a park for any purpose unless such person receives a prior permit or authorization to use a designated area that has a fireplace or other facility specifically designed for that purpose.
U. Firearms and Explosives Prohibited – Exceptions. No person within a park shall discharge any firearms, or carry or discharge any firecrackers, rockets, torpedoes, powder, or any other fireworks or explosives, except as authorized by the city or persons who have obtained a special permit from the city manager:
1. To put on a fireworks show, in which event the person conducting the display shall be trained in fireworks pyrotechnics; or
2. To operate a special event involving firearms. This prohibition is inapplicable to law enforcement personnel while they are engaged in the execution of their official duties.
V. Noise Restrictions. No person may play or cause to be played amplified sound or music in a park without prior written approval by the city manager or person exercising supervisory authority over a park area. Such permission may be denied where it is the reasonable belief of the city manager or supervisory authority that such sound or music would disturb the peaceful enjoyment of park facilities by other members of the public or annoy residents neighboring park facilities.
W. Boisterous Conduct Prohibited. No person shall engage in fighting or indulge in riotous, boisterous, threatening or indecent conduct or use any abusive, threatening, profane or indecent language while on or at a recreational or park facility.
X. Illegal Drugs Prohibited. No person shall possess or use any illegal drugs within a park.
Y. Alcohol Prohibited. No person shall possess or use any alcoholic beverages within a park.
Z. Smoking Prohibited. No smoking shall be allowed within the confines of a park area except in specially designated areas.
AA. Unauthorized Assembly. City parks, trails and recreation facilities are classified as a limited public forum. No person shall conduct or carry on any group event, celebration, parade, service or speech-making in a park without first obtaining permission from the supervisory authority.
BB. Defacing or Destruction of Property. No person shall cut, break, remove, injure, deface, destroy or disturb any improvement, wood, turf, grass, soil, sand, gravel, tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property, or cut, take or remove any shrub, bush, plant, flower, or mark or write upon any building, monument, fence, bench or other structure located in or on a trail or park. [Ord. O-21-2024 § 2 (Exh. A); Ord. O-10-2022 § 2 (Exh. A); Ord. O-18-2021 § 2 (Exh. A); Ord. O-03-2016 Exh. A; Ord. O-17-2011 § 2 (Exh. A §§ 7.2.1 – 7.3.36)].
7.05.050 Violation – Eviction.
Any person violating any of the ordinances, guidelines for use approved by the mayor, instructions for use of facilities, signs posted by the city or rules may be forthwith evicted from a park by a deputy or officers of the Utah County sheriff’s office or other city employee authorized lawfully to order such eviction. [Ord. O-17-2011 § 2 (Exh. A § 7.4)].
7.05.060 Violation – Penalty.
Any person that violates a restriction, rule or prohibition as in this chapter shall be guilty of a Class B misdemeanor and may be punished as provided by Utah law. [Ord. O-17-2011 § 2 (Exh. A § 7.5)].