Chapter 10.15
MOTORIZED VEHICLES ON RESTRICTED PROPERTY
Sections:
10.15.030 Applications for permit.
10.15.040 Application fee and cash deposit.
10.15.070 Criteria for evaluation.
Prior legislation: Ord. 00-08.
10.15.010 Purpose.
The city owns properties with trails, rights-of-way and open spaces (restricted property) which are restricted with no access allowed by motor vehicles. Restricted properties are posted as restricted properties at each entry to the restricted property. On certain occasions, residents may need motor vehicle access to restricted property for certain purposes, such as: installing or repairing fences, installing backyard features such as patios or swimming pools, pouring foundations or footings, trimming trees or bushes, clearing debris, or special events at city parks or along city rights-of-way which require motor vehicles to drive on grass or trails. The purpose of this chapter is to provide a procedure for residents to apply for permits and to develop criteria for the city to evaluate applications for permits to operate a motor vehicle on city restricted property, to assure that any damage to city-owned property is paid for by the responsible party, to protect the public and to prosecute trespassers using motor vehicles on city-owned property without a permit to do so. [Ord. O-08-2007 § 1].
10.15.020 Permit required.
A. A person desiring to operate a motor vehicle on any restricted property owned or occupied by Eagle Mountain City which is not specifically designated for motor vehicle traffic must obtain a permit from the city prior to entry and use of the restricted property. A permit for areawide entry may be issued to a homeowners’ association or other responsible entity for operations using multiple city open spaces or trails. Areawide permits shall be supported by:
1. A schedule of anticipated activity dates;
2. A description of work at each site entry; and
3. A description of equipment intended to complete the work.
B. All cash deposits, monitoring and inspection requirements shall apply to the issuance of an areawide permit. A restricted property permit shall not be required of handicapped persons requiring motorized chairs for personal transport. [Ord. O-08-2007 § 2].
10.15.030 Applications for permit.
Eagle Mountain City shall provide a standard application form to any person desiring to obtain a permit to operate a motor vehicle on restricted property. Each application form shall require disclosure by the applicant of the following: (A) applicant’s contact information, (B) period of use, (C) location of access, (D) type of vehicle(s), (E) purpose of access, and (F) other information deemed appropriate by the city to process the application. [Ord. O-08-2007 § 3].
10.15.040 Application fee and cash deposit.
The applicant shall pay a $25.00 application fee, which is hereby determined as the reasonable cost of processing the application and issuing the permit.
A cash deposit of $2,000 shall be deposited with the city treasurer; however, the deposit may be increased or decreased on the judgment of the assistant public works director, depending on the nature and location of the proposed work. The deposit or a portion thereof is refundable if there is no damage to city properties. [Ord. O-08-2007 § 4].
10.15.050 Inspection fees.
After reviewing the application, city officials shall inspect the proposed site and area of entry to determine whether monitoring, marking sprinkling systems, or more than one inspection of the property is necessary prior to the issuance of a permit. The following factors shall be taken in to consideration in determining necessary monitoring and inspections: (A) whether the proposed use poses a risk of damage or loss to city property, (B) whether the proposed use poses a risk to persons or will block access to a trail or right-of-way, or (C) whether alternative access is available. If city officials determine that monitoring, marking sprinkling systems, or more than one inspection is necessary, the city shall inform the applicant of the necessity of the monitoring and inspection(s) and collect the appropriate fee from the applicant. The inspection fee shall be included in the application fee, but the fee may be increased by city officials if the inspection and monitoring require cost recovery for additional personnel time, materials, equipment or work. [Ord. O-08-2007 § 5].
10.15.060 Monitoring fees.
After reviewing the application and/or inspecting the proposed location, city officials shall determine whether it is necessary for city officials to be present to monitor the applicant. The following are factors to consider in determining if monitoring is necessary: (A) the access requires the applicant to move or remove city property, signage or gates, (B) the access poses a significant risk to city-owned property or the general public, (C) the access requires the applicant to block or close a trail or right-of-way, or (D) similar activities have damaged city property. If city officials determine that monitoring is necessary, the city shall inform the applicant of the necessity of monitoring and collect the monitoring fee from the applicant. The monitoring fee shall be not less than $50.00 per hour on site. [Ord. O-08-2007 § 6].
10.15.070 Criteria for evaluation.
City officials shall consider the following criteria when determining whether to approve or deny an application: (A) whether other reasonable access exists which would not require the applicant to use a city trail, right-of-way, or open space, (B) whether the purpose of the access benefits the public, (C) whether the applicant has provided sufficient information to the city, (D) whether the city has had any prior problems with the applicant, (E) whether the access poses a risk to persons or private property, and (F) whether the applicant has provided sufficient security in the event of damage to city property or private property. [Ord. O-08-2007 § 7].
10.15.080 Rules for access.
Unless otherwise agreed to in writing by the city, the following rules shall apply to all permits:
A. No motorized vehicle shall be operated in excess of five miles per hour.
B. Motor vehicles shall only be operated between the hours of 7:00 a.m. and 7:00 p.m.
C. Any damage to property (city-owned or private) shall be immediately reported to the city.
D. No vehicles shall be left unattended on any trail, right-of-way, or open space.
E. Access to any trail, right-of-way or open space shall be obtained only at the location(s) specifically designated by the city.
F. Applicant shall maintain the permit at all times during access to the restricted property. [Ord. O-08-2007 § 8].
10.15.090 Penalties.
Any person who violates any term or provision of this chapter shall be guilty of entering the restricted property without permission and trespassing, a Class B misdemeanor, and shall be punished by a fine of not to exceed $1,000 and/or a jail sentence of not to exceed six months. [Ord. O-08-2007 § 9].