CHAPTER 4
OFFENSES RELATING TO PUBLIC PROPERTY
Sections:
8-4-101 Fences Abutting Sidewalks.
8-4-103 Camping or Lodging on Property without Consent.
8-4-105 Obstruction of Streets and Sidewalks.
8-4-106 Sidewalks to Be Kept Clean.
8-4-107 Discharging Water on Streets or Sidewalks.
8-4-108 Congregating on Streets or Sidewalks.
8-4-109 Injury to New Pavement.
8-4-110 Barricades and Lights to Guard Excavations.
8-4-111 Moving Buildings on Streets.
8-4-112 Offenses in Public Parks, Recreational Areas, and Cemeteries, and Near Mass Gatherings.
8-4-113 Games on Streets and Sidewalks.
8-4-114 Conducting Business on Street or Sidewalk.
8-4-115 Driving Livestock Upon Public Street.
8-4-101 Fences Abutting Sidewalks.
It shall be unlawful for the owner or occupant of any land abutting on any street of the City to erect or maintain any fence or other structure that extends beyond the property line or is located in or upon any part of said street; and in no event shall any fence or other structure be extended to a distance closer than one foot (1') from the edge of the sidewalk or in any manner be located closer than one foot (1') from the edge of the sidewalk.
(1968 Code 4-1-12; 1979 Code 8-3-1; renumbered by Ord. No. 25-92; Ord. No. 03-2009, 03/17/2009)
8-4-102 Posting Bills.
It shall be unlawful for any person, acting for himself or through an agent, to print, paint, write, mark, paste, or in any other way attach or post up any notice, card, advertisement, or other similar object upon any tree, post, pole, device or standard, upon any street or sidewalk at any time without first having obtained written permission to do so from the Chief of Police. Any person convicted of violating this Section shall be liable to punishment by a fine in an amount not to exceed $100.00.
(Statutory Authority UCA 10-8-27; 1968 Code 6-1-32; amended in codification 1979; 1979 Code 8-3-2; renumbered by Ord. No. 25-92; Ord. No. 03-2009, 03/17/2009)
8-4-103 Camping or Lodging on Property without Consent.
(1) The following definitions are applicable in this chapter:
(a) “Camp” means any place that has been used or occupied as a temporary place to live, for any length of time, as evidenced by a camp facility being pitched, erected or otherwise constructed, used, or occupied for the purposes of human habitation, and/or by the use of camp paraphernalia, litter, trash, waste, and garbage, as well as any other factors that support the location being used as a camp. This definition is not intended to apply to individuals using a day use recreational area for the limited time such day use recreational area is open to the public.
(b) “Camp facilities” include, but are not limited to, tents, huts, cardboard boxes, temporary shelters, or vehicles, including, but not limited to, recreational vehicles, if said vehicle is being used as temporary living quarters.
(c) “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, bedding, sleeping bags, blankets, mattresses, mats, hammocks or non-City-designated cooking facilities or fire and/or similar equipment.
(2) No person shall camp within any park, parkway, recreation area, open space or other City property within Springville City limits without written permission of the Building and Grounds Director. The finding of camp facilities or camp paraphernalia shall be evidence of camping under this section whether or not persons are present.
(3) No person shall camp within any public property other than City property or any private property without first having obtained:
(a) Permission of the authorized officer of such public property; or
(b) Permission of the owner of private property.
(4) Testimony by an agent of the persons specified in subsection (3)(a) or (b) of this section that such agent is the person who grants permission to camp or lodge upon such property, or that in the course of such agent’s duties such agent would be aware of permission and that no such permission was given, is prima facie evidence of that fact.
(Ord. No. 10-2013 § 1, 09/03/2013)
8-4-105 Obstruction of Streets and Sidewalks.
(1) It shall be unlawful for any person to place or permit to be placed upon any street or sidewalk any broken wire, glass, rubbish, refuse matter, ice, water, mud, garbage, ashes, tin cans, or other like substances; any vehicles, lumber, wood, boxes, fences or fencing, building materials, dead trees, tree stumps, merchandise or any article or thing which shall obstruct such sidewalk or street or any part thereof, or the free use and enjoyment thereof, or the free passage over or upon the same, or any part thereof, without the express permission of the City Council, and then only in accordance with the strict terms of such permission.
(2) It shall be unlawful for any person to remove any snow or ice from any private property and place the same on any public street, sidewalk, driveway, or right-of-way, or any part thereof.
(3) (a) Except as provided in subsections (b) and (c) of this section, it shall be unlawful for any person, except employees of the City or other highway maintenance authority in their official capacity, to move or pile any snow or ice on any public street, sidewalk, or driveway, or any part thereof.
(b) The Superintendent of the Street Department may issue a written permit to any person to move or pile snow or ice on a public street or right-of-way if the Superintendent determines it to be in the best interest of the City and residents of the area to do so. In issuing any such permit, the Superintendent shall require a bond and insurance certificate to be furnished as provided in Section 4-3-105(4)(b) and (c). It shall be unlawful for any person holding such a permit to move or pile any snow or ice on any public street, sidewalk, driveway, or right-of-way except in strict compliance with the terms of the permit.
(c) This subsection (3) shall not apply to removal of snow from sidewalks fronting private property which the owner or occupant has the duty to clean as provided in Section 8-4-106 nor to cleaning of access driveways from a public street to private property.
(4) It shall be unlawful for any person to place or pile any snow or ice on any public or private property in such a manner as to constitute a hazard to users of any public street or sidewalk and to fail to remove the same within twenty-four (24) hours after written notice of the hazard delivered by any employee of the City.
(Statutory Authority UCA 10-8-24; 1968 Code 4-1-1 and 6-1-7; 1979 Code 8-3-5; renumbered by Ord. No. 25-92; amended by Ordinance No. 2-93; Ord. No. 03-2009, 03/17/2009)
8-4-106 Sidewalks to Be Kept Clean.
It shall be unlawful for any occupant or the owner of any property abutting on any street within the City to neglect or fail to clean and keep clean the sidewalks in front of his premises of all weeds, ice or snow and rubbish. It shall be unlawful for the owners or occupants of places of business within the City to fail to cause the sidewalks abutting thereon to be swept or cleaned each morning. Any person convicted of violating this Section shall be liable to punishment by a fine in an amount not to exceed $100.00.
(1968 Code 4-1-5; amended in codification 1979; 1979 Code 8-3-6; renumbered by Ord. No. 25-92; Ord. No. 03-2009, 03/17/2009)
8-4-107 Discharging Water on Streets or Sidewalks.
(1) It shall be unlawful for any person owning, occupying, or having control of any premises to suffer or permit 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 street or sidewalk. It shall be unlawful for any person to convey water across any street or sidewalk within the limits of the City, except in a covered culvert or box extending the whole width of the street or sidewalk; it shall likewise be unlawful for any person to use or maintain any such culvert or box without keeping the same in good repair.
(2) Every person who willfully, carelessly or negligently obstructs, injures or floods any street or sidewalk by the flow or seepage of water, or who willfully, carelessly or negligently permits water under his control to escape in any manner so as to obstruct, injure or flood any street or sidewalk within the limits of the City is guilty of a misdemeanor.
(1968 Code 4-1-6; amended in codification 1979; 1979 Code 8-3-7; renumbered by Ord. No. 25-92; Ord. No. 03-2009, 03/17/2009)
8-4-108 Congregating on Streets or Sidewalks.
It shall be unlawful for any person or persons to congregate about or upon any street, sidewalk, stairway, doorway, window or in front of any business or dwelling house, theater, lecture room, church, or elsewhere and by so doing obstruct or interfere with the free passage of persons traveling upon such street or sidewalk or entering, leaving or occupying any such building or premises; or by their language, conversation, or conduct, to annoy, insult, or disturb persons passing along any street or alley or occupying, residing, or doing business in any house or place within the City.
(1968 Code 4-1-7; amended in codification 1979; 1979 Code 8-3-8; renumbered by Ord. No. 25-92; Ord. No. 03-2009, 03/17/2009; Ord. No. 12-2010, 07/20/2010)
8-4-109 Injury to New Pavement.
It shall be unlawful to walk upon or drive any vehicle or animal upon, or in any manner whatsoever injure, any newly laid street or sidewalk pavement or surface, or to knowingly injure any soft or newly laid pavement, asphalt, or other surface.
(1968 Code 4-1-10; 1979 Code 8-3-9; renumbered by Ord. No. 25-92; Ord. No. 03-2009, 03/17/2009)
8-4-110 Barricades and Lights to Guard Excavations.
It shall be 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 removed therefrom, and to maintain such barricade during the whole time for which such excavation continues; and it shall be 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 or 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 shall be unlawful for any person maliciously or wantonly, and without legal cause, to extinguish, remove or diminish said lights or to tear down or remove any rail, fence or barricade fixed in accordance with the provisions of this Section.
(1968 Code 4-1-6; 1979 Code 8-3-10; renumbered by Ord. No. 25-92; Ord. No. 03-2009, 03/17/2009)
8-4-111 Moving Buildings on Streets.
It shall be unlawful for any person to move any building through the streets of the City without permission of the City Recorder. The City Recorder shall issue a permit upon receipt of the applicable fee therefor computed from a schedule of charges approved by the City Council and posted for public inspection in the office of the City Recorder. It shall be unlawful for any person to move through the streets any building that extends to a height of sixteen feet (16') or more from the surface of the street unless such building shall have guard strips attached to the highest points thereof to deflect wires and other suspended obstructions.
(1968 Code 4-1-14; amended in codification 1979; 1979 Code 8-3-11; renumbered by Ord. No. 25-92; Ord. No. 03-2009, 03/17/2009)
8-4-112 Offenses in Public Parks, Recreational Areas, and Cemeteries, and Near Mass Gatherings.
(1) Definitions:
(a) “E-cigarette”:
(i) Means any electronic oral device that provides vapor of nicotine or other substance and simulates smoking through its use or through inhalation of the device; and
(ii) Includes an oral device that is composed of a heating element, battery, or electronic circuit and is marketed, manufactured, distributed, or sold as an e-cigarette, e-cigar, e-pipe, or any other product name or descriptor, if the function of the product meets the definition of subsection (1)(a)(i) of this section.
(b) “Public park” means and includes City-owned parks, children’s playgrounds, public squares, ball diamonds, golf courses, soccer fields and other recreation areas, City-owned cemeteries and trails, but not designated smoking areas specified by the City.
(c) “Mass gathering” means an outdoor assembly of one hundred (100) or more people on City-owned property that reasonably can be expected to continue for two (2) or more hours.
(d) “Smoke” or “smoking” means:
(i) Possession of any lighted or heated tobacco product in any form;
(ii) Inhaling, exhaling, burning, or heating a substance containing tobacco or nicotine intended for inhalation through a cigar, cigarette, pipe, or hookah;
(iii) Using an e-cigarette; or
(iv) Using an oral smoking device intended to circumvent the prohibition of smoking.
(2) It shall be unlawful for any person to do any of the following acts within a public park:
(a) To camp or erect any tent or shelter without first obtaining a written permit to do so from the Buildings and Grounds Director.
(b) To build or ignite any fire, except in receptacles provided for that purpose, without first obtaining written permission to do so from the Buildings and Grounds Director.
(c) To leave or deposit rubbish or refuse anywhere, except in containers provided for that purpose.
(d) To pick, cut, damage or destroy any tree, flower, vine, shrub or plant life of any kind.
(e) To have in his or her possession any firearm, except as permitted by State law.
(f) To pollute any creek or stream of water.
(g) To have in his possession or consume any beer or other alcoholic beverage.
(h) To bring animals of any kind into a park, except a dog on a leash, unless otherwise posted.
(i) To engage in any activity which is specifically prohibited by rules or regulations posted at the park.
(3) It shall be unlawful for any person to bring any animal, including dogs on a leash, into Spring Acres Park during any public performance except when such animals are an approved part of a performance.
(4) Smoking is hereby prohibited in public parks, within twenty-five feet (25') of bus stops, and within fifty feet (50') of mass gatherings, except where the prohibited area falls on private property. A violation of this subsection is an infraction punishable by a fine not to exceed $25.00 but not by imprisonment. Police officers shall have the discretion to issue a warning if they deem it is in the best interests of the City for the first offense.
(1968 Code 4-4-1; amended in codification 1979; 1979 Code 8-3-12; renumbered by Ord. No. 25-92, amended by Ord. No. 7-03; Ord. No. 17-2008, 07/01/2008; Ord. No. 03-2009, 03/17/2009; Ord. No. 10-2013 § 2, 09/03/2013; Ord. No. 01-2016 § 1, 01/19/2016)
8-4-113 Games on Streets and Sidewalks.
It shall be unlawful to play any games upon any street, alley, or sidewalk or other public place where such games cause unnecessary noise or interfere with traffic or pedestrians. Any person convicted of violating this Section shall be liable to punishment by a fine in an amount not to exceed $100.00.
(Statutory Authority UCA 10-8-69; 1968 Code 4-1-8; amended in codification 1979; 1979 Code 8-3-13; renumbered by Ord. No. 25-92; Ord. No. 03-2009, 03/17/2009)
8-4-114 Conducting Business on Street or Sidewalk.
It shall be unlawful for any person to engage in or carry on any business, profession, trade, vocation, or avocation on any street or sidewalk or in or from any automobile, vehicle, stand or structure located in or upon the streets or sidewalks of the City; provided, however, this Section shall not prohibit any business or occupation licensed by the City or permitted by the City Council. Merchandise or other articles may be deposited on sidewalks preparatory to delivery, provided that the usable width of the sidewalk is not thereby reduced to less than four feet (4') and provided that no such article shall remain on such sidewalk for more than one (1) hour.
(Statutory Authority UCA 10-8-69; 1968 Code 4-1-9; 1979 Code 8-3-14; renumbered by Ord. No. 25-92; Ord. No. 03-2009, 03/17/2009)
8-4-115 Driving Livestock Upon Public Street.
No person shall drive any livestock upon the streets of this City unless he shall have first obtained a permit therefor from the Superintendent of the Street Department. Such permit shall state thereon the street or streets upon which the livestock will be driven, the time that the livestock will be driven upon said streets, and the number of head of animals being driven. No permit shall be issued until a bond of good and sufficient surety has been filed with the City in an amount determined by the Street Department Superintendent, which bond amount shall be based on the protection of property owners against possible damage by the livestock and for the protection of the City against the cost of cleaning up droppings and other debris or mess upon and any damage to the public streets that may not be cleaned up or repaired by the driver of the livestock.
(1968 Code 4-1-13; 1979 Code 8-3-15; renumbered by Ord. No. 25-92; Ord. No. 03-2009, 03/17/2009)