405 South Main, Milford, UT 84751 (435) 387-2711

Health & Sanitation

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Contact Info:

405 South Main Street

P.O. Box 69

Milford, Utah  84751

Telephone Number

Office:  435 387-2711

Fax: 435 387-2748

TITLE 7
HEALTH AND SANITATION
CHAPTERs:
7.01 Health
7.02 Nuisance Abatement
7.03 Litter - Handbills
7.04 Weed and Refuse Abatement
7.05 International Property Maintenance Code
7.06 Solid Waste Regulation
7.07 Miscellaneous Sanitary Provisions

CHAPTER 7.01
Health
SECTIONs:
7.01.010 Board of Health Established
7.01.020 Duties and Powers of Board of Health
7.01.030 Permits
7.01.040 Health Director - Position Created
7.01.050 Powers and Duties of the Health Director
7.01.060 Unwholesome Food
7.01.070 Vacating Premises
7.01.080 Discharge of Sewage Pollution
7.01.090 Inadequate Plumbing
7.01.100 Commencement of Offensive Business
7.01.110 Issuance of Permits
7.01.120 Existing Offensive Business and Facilties
7.01.130 Control of Animal and Fowl Facilities
7.01.140 Keeping Animals
SECTION 7.01.010 Board of Health Established
The Southwestern District Health Department is hereby designated as the board of health of this municipality.

SECTION 7.01.020 Duties and Powers of Board of Health
1. The municipality may contract with the Southwestern District Health Department on such terms and conditions as the parties may agree to enforce the provisions of this chapter and such other ordinances of this municipality which authorize or require action or impose any duty on the board of health.
2. The board of health shall adopt such rules and regulations as it shall deem necessary to govern its meetings and conduct.
3. The board of health shall review and approve all applications for permits to operate any business or engage in any construction for which a permit is required from the board of health pursuant to any ordinances or regulation of this municipality.
4. The board of health shall recommend to the Mayor for promulgation by the governing body such health rules, regulations, and ordinances as it deems necessary for the health of the persons of this municipality.

SECTION 7.01.030 Permits
It shall be unlawful for any person to engage in any of the following businesses or activities without first obtaining a permit from board of health:
1. Handling, selling, offering for sale, preparing or serving any food or food products or beverages or water intended for human consumption.
2. Operating or permitting public access to any public swimming pool.
3. Commercially operating any public dump, garbage or refuse collection or disposal facility or place, or slaughterhouse, animal disposal facility, or cleaning out or installing any privy, cesspool or septic tank.
4. Fumigating or eradicating pests, insects, vermin or any other infestation from any building occupied or to be occupied by humans.

SECTION 7.01.040 Health Director - Position Created
The Southwestern District Health Department is hereby designated as the health directors of this municipality.

SECTION 7.01.050 Powers and Duties of the Health Director
1. The health director or the Mayor when approved by the City Council may appoint any qualified person to act as his assistant for the purpose of enforcing the ordinances of this municipality.
2. Subject to the terms and conditions between the Southwestern District Health Department, the health director shall:
A. Be the executive officer of the board of health.
B. Enforce all ordinances of this municipality and the State of Utah which relate to the health and welfare of the residents of this municipality.
C. Enforce all rules, regulations and ordinances relating to:
1. Plumbing, sanitation, contagious or infectious diseases, quarantine and sewage disposal.
2. Producing, storing, keeping and selling meat, dairy or other foods of food products.
3. The quarantine and disposal of all animals affected with any contagious or infectious diseases.
4. Enforce the nuisance ordinance of this municipality.
3. Have the power to impose and maintain a strict quarantine of all infected persons and premises having contagious or infectious diseases, and to require such persons or premises by disinfected.
4. Have the right and authority, when he shall deem necessary to secure and preserve the public health, to enter into or upon any premises, building or other places during the daytime, to examine, analyze, or test any building, structure, premise, product or good manufactured, stored or kept with the municipality for the purposes of enforcing this chapter.

SECTION 7.01.060 Unwholesome Food
It is a class B misdemeanor for any person to sell or offer for sale any unwholesome food or beverage which has been condemned by any government food inspector.

SECTION 7.01.070 Vacating Premises
1. It shall be unlawful for any person, upon vacating or moving from any dwelling, storeroom, or other building to fail to remove all garbage, rubbish, or ashes from such building or premise and the grounds appurtenant thereto, or to fail to place the same in a thoroughly sanitary condition within 24 hours after the premises are vacated.
2. In situations where rental property is so vacated, the owner of the property shall be concurrently responsible with the tenant thereof for compliance with this section.

SECTION 7.01.080 Discharge of Sewage Pollution
1. It shall be unlawful for any person to discharge or permit the discharge of any sewage or filth from any premises into and upon any public highway, stream, water course, or public place, or into any drain, cesspool, or private wastewater disposal system which does no conform to standards established by the state division of health or by this municipality.
2. The health director may order a connection for sewage disposal to be made with the public sewer system provided by the municipality if such is available, provided that the public sewer system is within 300 feet of the premises.
3. The health director shall use all due measures to prevent the fouling of any streams, water courses, reservoirs, or any source furnishing water to any of the inhabitants of this municipality.

SECTION 7.01.090 Inadequate Plumbing
The health director shall have power to require the prompt repair of all leaks or other defects in plumbing throughout the municipality. He shall have power to condemn and abate all plumbing which is deficient under the plumbing ordinances. When, in the opinion of the health officer, a change in occupants, type of business or other cause requires changes in plumbing, he shall have the power to compel the installation of an increased number of plumbing fixtures and a change in their type or capacity, and to make such other alterations or increases as may be necessary for the health and safety of the occupants of the building and the public generally.

SECTION 7.01.100 Commencement of Offensive Business
1. No person shall commence or change the location of any offensive business or establishment in or within one mile of the limits of this municipality without first filing an application for a permit to do so with the Recorder/clerk.
2. Offensive businesses, within the meaning of this part, shall include but not be limited to, packing houses, dairies, tanneries, canneries, redries, junk or salvage yards, bone factories, slaughter house, butcher shops, soap factories, foundries, breweries, distilleries, livery stables, blacksmith shops, or any other enterprise or establishment which creates excessive odors, fumes, smoke, gases, or noises.
3. The application for a permit shall specify the location at which the business or establishment is to be operated and maintained or the new location to which it is to be moved, The application shall describe the type of activity which will be conducted and describe the manner in which the business or establishment shall eliminate, control or modify the emission by the business of the undesirable odors, fumes, noises, and other noisome features and the manner in which it shall be screened from public view, if it appearance is offensive.

SECTION 7.01.110 Issuance of Permits
The Recorder/clerk shall cause a study to be made of the proposed business or relocation of any offensive business or establishment by the board of health and by personnel engaged in the inspection of buildings and other facilities. A report and recommendation shall be made to the governing body. The governing body, after review, may grant to the applicant an opportunity to be heard and present additional facts. Thereafter the governing body may:
1. Deny the application.
2. Recommend a modification thereof.
3. Grant a limited permit to enter into the business or make the change of location subject to the requirement that the business facility conform to standards established by the governing body with reference to controlling the offensive features of the business.
4. In the event a permit is granted, it shall be subject to revocation either upon failure of the operator or owner to conduct his business in the manner specified by the governing body at the time of granting of the permit, or because a change of circumstances makes the continued operation or maintenance of the business or facility a public nuisance.
5. The governing body shall have power to revoke or modify the permission to operate and maintain the business in such a manner as it deems necessary for the public good.

SECTION 7.01.120 Existing Offensive Business and Facilties
1. The governing body may require an investigation of any existing offensive business or facility to determine whether or not it should be permitted to remain in existence in or within one mile of the municipal limits. If the governing body determines that the continuation of the business or facility has become a nuisance to persons situated within the municipal limit or that ample control is not being exercised to minimize the creation of excessive odors, fumes, smoke, gases, and noise, it shall notify the owner or operator thereof that the governing body is considering revoking or modifying the operator's license.
2. If the governing body decides to require a modification of the manner in which the business or facility is to be maintained, it shall specify the standards or specification to which the enterprise must conform or otherwise lose its license to engage thereafter in the business or activity.

SECTION 7.01.130 Control of Animal and Fowl Facilities
1. The governing body shall have the power to prohibit or control the location and management of any offensive, unwholesome business or establishment in or within one mile of the municipality and may compel the owner of any pigsty, privy, barn, corral, fur-bearing animal farm, feed yard, poultry farm or other unwholesome or nauseous house or place to cleanse, abate or remove the same.
2. The governing body may on its own initiative and shall, on complaint of a member of the public, examine the operation, control or location of any business or facility for the purpose of determining whether or not the operation of such business or facility should be improved so as to minimize the offensive and unwholesome characteristics or whether the business or activity should be moved or abated.
3. In the event that the governing body decides that the business or facility should be abated, removed, or controlled, it shall notify the owner or operator of the business or facility of such fact.
4. After a hearing, the governing body may issue a limited license wherein it may prescribe the specification and standard which must be followed by the business or facility in order to be permitted to continue in operation.
5. Upon a determination by the governing body that the business or facility is a nuisance, it shall have power to order the abatement or removal of the facility or establishment. If the owner fails to conform to such order, the governing body shall have power to bring all necessary legal proceeding to force removal, abatement or adherence to standards.

SECTION 7.01.140 Keeping Animals
It shall be unlawful for any person to keep within the limits of the municipality any horses, any cattle, any sheep, any goats, or any pigs, owned by or in the charge of any person and kept and fed in one feed yard or location.

CHAPTER 7.02
Nuisance Abatement
SECTIONs:
7.02.010 Purpose
7.02.020 Nuisance Defined
7.02.030 Administrative Actions
7.02.040 Civil Action
7.02.050 Criminal Actions
7.02.060 Repealed
7.02.070 Repealed
7.02.080 Repealed
7.02.090 Repealed
7.02.110 Repealed
7.02.120 Repealed
7.02.130 Repealed
7.02.140 Repealed
7.02.160 Repealed
7.02.170 Repealed
7.02.180 Repealed
7.02.190 Repealed
7.02.200 Repealed
7.02.210 Repealed
7.02.220 Repealed
7.02.230 Repealed
7.02.240 Repealed
7.02.300 Repealed
7.02.310 Repealed
7.02.320 Repealed
7.02.330 Repealed
7.02.340 Repealed
7.02.350 Repealed
7.02.360 Repealed
7.02.370 Repealed
7.02.380 Repealed
7.02.390 Repealed
7.02.400 Repealed
7.02.410 Repealed
7.02.420 Repealed
7.02.430 Repealed
7.02.440 Repealed

SECTION 7.02.010 Purpose
The purpose of this Chapter is to identify with particularity actions constituting a nuisance so that property within the City may be maintained in a manner that:
1. Protects public health and safety.
2. Fosters neighborhood stability.
3. Preserves the appearance, character, and beauty of neighborhoods.
4. Reflects community pride and caring.
5. Protects the general welfare of its citizens.
(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.020 Nuisance Defined
It shall be unlawful and declared a public nuisance for any person owning, renting, leasing, occupying, or having charge or possession of any property in the City to allow any of the following conditions to exist on such property:
1. A condition that causes visual blight, is offensive to the senses, creates a harborage for rodents or pests, or detrimentally affects property in the surrounding neighborhood or community.
2. A condition that impairs the reasonable and lawful use of property.
3. A condition that unreasonably or unlawfully affects the health or safety of one or more persons.
4. A fire hazard as defined in the Uniform Fire Code.
5. Emanation of noxious or unreasonable odors, fumes, gas, smoke, soot or cinders.
6. Noxious weeds located on vacant lots or other property, along public sidewalks or outer edge of any public street, or weeds in any other location which constitutes an unreasonable fire hazard or is contrary to the purpose of this Chapter.
7. Keeping or storing of any refuse and waste matter which interferes with the reasonable enjoyment of nearby property.
8. Polluted or stagnant water which constitutes an unhealthy or unsafe condition.
9. Accumulation of soil, litter, debris, plant trimmings, or trash, on sidewalks, in vestibules, doorways, passages, breezeways, parking areas or any public right-of-way or alley.
10. Accumulation of used or damaged lumber; junk; salvage materials; abandoned, discarded or unused furniture; stoves, sinks, toilets, cabinets, or other fixtures or equipment stored so as to be visible from a public street, alley, or adjoining property. However, nothing herein shall preclude the placement of stacked firewood for personal non-commercial use on the premises.
11. Any attractive nuisance dangerous to children and other persons including, but not limited to, abandoned, broken, or neglected household appliances, equipment and machinery, ponds, abandoned foundations or excavations, or improperly maintained pools in violation of Section 13.34.020, Milford City Code.
12. Dead, decayed, diseased, or hazardous trees, weeds, hedges, and overgrown or uncultivated vegetation which is in a hazardous condition, is an obstruction to pedestrian or vehicular traffic, or which is likely to harbor rats, vermin or other pests.
13. Any front yard or street side yard area which causes excessive dust due to non-maintenance or other cause, or which contains the accumulation of debris.
14. The keeping, storing, depositing or accumulating on the premises or in the public right-of-way for an unreasonable period of time dirt, sand, gravel, concrete, or other similar materials, or maintenance of such material on public rights-of-way.
15. The leaving of any garbage can or refuse container in the street, other than on collection day, for more than 24 hours after collection day.
16. Construction equipment or machinery of any type or description parked or stored on property when it is readily visible from a public street, alley or adjoining property, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property, or where the property is zoned for the storage of construction equipment and/or machinery.
17. Improper maintenance of a sign; or signs which advertise a business that is no longer operating on the property or advertising a product that is no longer sold on the property.
18. Improper storage of inoperative, unregistered, abandoned, wrecked or dismantled vehicles or vehicle parts, including recreational vehicles.
19. Any wall, sign, fence, gate, hedge, or structure maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property.
20. Graffiti which remains on the exterior of any building, fence, sign or other structure and is visible from public street.
21. Maintenance of buildings and/or structures in such condition as to be deemed defective or in a condition of deterioration or disrepair including, but not limited to:
A. Any building or structure which is unfit for human habitation, or which is an unreasonable hazard to the health of people residing in the vicinity thereof, or which presents an unreasonable fire hazard in the vicinity where it is located;
B. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained, or any use of land, buildings or premises in violation of the Milford City Code;
C. Buildings which are abandoned, partially destroyed, or left in an unreasonable state of partial construction for a period of six (6) months or longer. An “unreasonable state of partial construction” is defined as any unfinished building or structure where the appearance or other conditions violate conditions as listed in subsection (1) above;
D. Buildings having dry rot, warping, termite infestation, decay, excessive cracking, peeling, or chalking, as to render the building unsightly and/or in a state of disrepair.
E. Buildings with missing doors and/or windows containing broken glass and/or no glass at all where the window is of a type which normally contains glass;
F. Building exteriors, walls, fences, gates, driveways, sidewalks, walkways, signs or ornamentation, or alleys maintained in such condition as to violate subsection (1) above; and
G. Buildings or conditions that violate any building, electrical, plumbing, fire, housing, or other code adopted by Milford City.
H. Befouling water in any spring, stream, well, or water source supplying water for culinary purposes.
I. Allowing any privy, vault or cesspool or other individual waste water disposal system to become a menace to health or a source of odors to air or water.
J. Permitting any garbage container to remain on premises when it has become unclean and offensive.
K. Allowing vegetable waste, garbage, litter, filth or refuse of any nature to accumulate within or upon any private alley, yard or area except when it is temporarily deposited for immediate removal.
L. Permitting the accumulation of manure and/or offensive smell in any stable, stall, feed yard, yard, or in any other building or area in which any animals are kept.
M. Permitting any slaughter house, market, meat shop, stable, feed yard, or other place or building wherein any animals are slaughtered, kept, fed, or sold to remain unclean or in any state or condition detrimental to health or creating a nuisance because of odors, or in which flies or rodents breed.
N. Discharging or placing any offensive water, liquid waste, or refuse of any kind into any street, alley, sidewalk, gutter, stream, wash, natural water course, ditch, canal, or any vacant lot or which as the result of continued discharge will render the place of discharge offensive or likely to become so.
O. Keeping or collecting any stale or putrid grease or other offensive matter.
P. Having or permitting upon any premises any fly or mosquito-producing condition.
Q. Keeping any drinking vessel for public use without providing a method of decontamination between uses.
R. Permitting or performing any ablutions in or near any public drinking fountain.
S. Failing to furnish any dwelling house, boarding house, or factory or other place of employment with such privy vaults, water closets, sinks or other facilities as may be required to maintain the same in sanitary condition.
T. Neglecting or refusing to discontinue use of, clean out, disinfect, and fill up all privy vaults and cesspools or other individual waste disposal systems within 20 days after notice from any enforcement officer or official of the municipality.
U. Permitting any lot or excavation to become the repository of stagnant water or any decaying or offensive substances.
V. Obstructing or tending to obstruct or interfere with or render dangerous for passage any street or sidewalks, lake, stream, drainage, canal or basin, or any public park without first obtaining the written permission of the governing body.
W. A minimum of 20% of the front setback or yard area must be planted with live plant material. The remaineder may be rock, gravel, bark or other material non-living material. Required driveways and walkways within the setback must be paved, but are not consider in the calculation of landscaped area.
22. Any violation of the Milford City Code expressly declared to be a public nuisance.
(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.030 Administrative Actions
Administrative action may be taken to abate a nuisance pursuant to the provisions of Chapter 3.01, Milford City Code.
(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005; Ord. Ordinance 3-2003, Amended, 03/19/2003)

SECTION 7.02.040 Civil Action
A civil action to abate or enjoin a nuisance, or for damages forcausing or maintaining a nuisance (including the cost, if any, of leaning the subject property), may be brought by Milford City or by any private person directly affected.
(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.050 Criminal Actions
It shall be unlawful and a misdemeanor violation for any person to maintain or assist in maintaining a nuisance after receiving notice to abate the same. Notice to abate a nuisance shall be given as a prerequisite to prosecution by delivering a copy of the notice to abate to the offender by personal service in the manner described in the Utah Rules of Civil Procedure, or by mailing a copy of the notice to abate to the offending party by certified U.S. mail, return receipt requested. The notice to abate shall reasonably describe the subject nuisance and the steps necessary to abate the same and shall require abatement to be completed in not less than ten (10) nor more than thirty (30) days.
(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.060 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.070 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.080 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.090 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005; Ord. Ordinance 3-2003, Amended, 03/19/2003)

SECTION 7.02.110 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005; Ord. Ordinance 3-2003, Amended, 03/19/2003)

SECTION 7.02.120 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.130 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.140 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.160 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005; Ord. Ordinance 3-2003, Amended, 03/19/2003)

SECTION 7.02.170 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.180 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.190 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.200 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.210 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.220 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.230 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.240 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.300 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.310 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.320 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.330 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.340 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.350 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.360 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.370 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.380 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.390 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.400 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.410 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.420 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.430 Repealed

(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

SECTION 7.02.440 Repealed
.
(Ord. Ordinance 10-2005 Nuisance Abatement, Amended, 09/21/2005)

CHAPTER 7.03
Litter - Handbills
SECTIONs:
7.03.010 Definitions
7.03.020 Litter in Public Places
7.03.030 Placement of Litter in Receptacles So As to Prevent Scattering
7.03.040 Sweeping Litter Into Gutter Prohibited Except as Otherwise Authorized by the Governing Body
7.03.050 Merchant's Duty to Keep Sidewalks Free of Litter
7.03.060 Litter Thrown by Persons in Vehicles
7.03.070 Truck Loads Causing Litter
7.03.080 Litter in Parks
7.03.090 Litter in Lakes and Fountains
7.03.100 Throwing or Distributing Commercial Handbills in Public Places
7.03.110 Placing Commercial and Non-Commercial Handbills on Vehicles
7.03.120 Depositing Commercial and Non-Commercial Handbills on Uninhabited or Vacant Premises
7.03.130 Prohibited Distribution of Handbills Where Property Posted
7.03.140 Distributing Commercial and Non-Commercial Handbills at Inhabited Private Premises
7.03.150 Exemption for Mail and Newspapers
7.03.160 Posting Notice Prohibited
7.03.170 Litter on Occupied Private Property
7.03.180 Litter on Vacant Lots
7.03.190 Handbills and Posters
SECTION 7.03.010 Definitions
For the purposes of this part:
"Authorized receptacle" is a public or private litter storage and collection receptacle.

"Commercial handbill" is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature:
1. Which advertises for sale any merchandise, product, commodity, or thing:
2. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest in sales thereof;
3. Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit. However, the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order, provided that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any know without a license, where such license is or may be required by any law of this state, or under any ordinance of this municipality; or
4. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distribution.

"Garbage" means waste from preparation, cooking, or consumption of food, condemned food products and all refuse and waste from the handling, storage, preparation and sale of produce. Garbage originates primarily in kitchens, stores, markets, restaurants, hotels and other places where food is handled, stored, sold, cooked or consumed.

"Litter" is "garbage", "refuse" and "rubbish" as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety, welfare or appearance of the municipality.

"Newspaper" is any newspaper of general or local circulation or any periodical or current magazine regularly published with not less than four issued per year, and sold to the public.

"Non-commercial Handbill" is any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.

"Park" is a park, reservation, playground, beach, recreation center or any other public area in the municipality, owned or used by the municipality.

"Refuse" is all putrescible and noputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleaning, dead animals, and solid market and industrial wastes.

"Rubbish" is nonputrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

"Vehicle" is every device in, on, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively on stationary rails or tracks.

SECTION 7.03.020 Litter in Public Places
No person shall throw or deposit litter in or on any street, sidewalk or other public place except:
1. In authorized receptacles for collection or in official municipal garbage dumps, or
2. For collection as authorized by the governing body.

SECTION 7.03.030 Placement of Litter in Receptacles So As to Prevent Scattering
Persons placing litter in authorized receptacle shall do so in such a manner as to prevent it from being carried or deposited by the elements on any street, sidewalk or other public place or on private property.

SECTION 7.03.040 Sweeping Litter Into Gutter Prohibited Except as Otherwise Authorized by the Governing Body
No person shall sweep into or deposit in any gutter, street or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

SECTION 7.03.050 Merchant's Duty to Keep Sidewalks Free of Litter
No person owning or occupying any place of business shall sweep into or deposit in any gutter, street or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business shall keep the sidewalk in front of their business premises free of litter.

SECTION 7.03.060 Litter Thrown by Persons in Vehicles
No person, while a driver or passenger in a vehicle, shall throw or deposit litter on any street or other public place, or on private property.

SECTION 7.03.070 Truck Loads Causing Litter
No person shall drive or move any truck or other vehicle unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited on any street, alley or other public place. Nor shall any person drive or move any vehicle or truck, the wheels or tires of which carry onto or deposit on any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matters of any kind.

SECTION 7.03.080 Litter in Parks
No person shall throw or deposit litter in any park except in authorized receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements on any part of the park or on any street or other public place. Where authorized receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.

SECTION 7.03.090 Litter in Lakes and Fountains
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere.

SECTION 7.03.100 Throwing or Distributing Commercial Handbills in Public Places
No person shall throw or deposit any commercial or non-commercial handbill in or on any sidewalk, street, or other public place. Unless otherwise authorized by the governing body, it is an infraction for any person to hand out, distribute or sell any commercial handbill in any public place, provided, however, that it shall not be unlawful on any sidewalk, street, or other public place for any person to hand out or distribute, without charge to the receiver thereof, any non-commercial handbill to any person willing to accept it.

SECTION 7.03.110 Placing Commercial and Non-Commercial Handbills on Vehicles
Unless otherwise authorized by the governing body, no person shall throw or deposit any commercial or non-commercial handbill in or on any vehicle, provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a non-commercial handbill to any occupant of a vehicle who is willing to accept it.

SECTION 7.03.120 Depositing Commercial and Non-Commercial Handbills on Uninhabited or Vacant Premises
No person shall throw or deposit any commercial or non-commercial handbill in or on any private premises which are temporarily or continuously uninhabited or vacant.

SECTION 7.03.130 Prohibited Distribution of Handbills Where Property Posted
No person shall throw, deposit or distribute any commercial or non-commercial handbill on any private premises, if requested by anyone thereon not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words: "No Trespassing" "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left on such premises.

SECTION 7.03.140 Distributing Commercial and Non-Commercial Handbills at Inhabited Private Premises
No person shall throw, deposit or distribute any commercial or non-commercial handbill in or on private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or on such private premises. However, in case of inhabited private premises which are not posted, as provided in this part, such person, unless requested by anyone on such premises not to do so, may place or deposit any such handbill in or on such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when prohibited by federal postal law or regulations.

SECTION 7.03.150 Exemption for Mail and Newspapers
The provisions of this part shall not apply to the distribution of mail by the United States, nor to newspapers except that newspapers shall be placed on private property in such a manner so as to prevent their being carried or deposited by the elements on any street, sidewalk, or other public place or on private property.

SECTION 7.03.160 Posting Notice Prohibited
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree, or on any public structure or building, except as may be authorized or required by law.

SECTION 7.03.170 Litter on Occupied Private Property
No person shall throw or deposit litter on any occupied private property, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements on any street, sidewalk or other public place or on any private property.

SECTION 7.03.180 Litter on Vacant Lots
No person shall throw or deposit litter on any open or vacant private property whether or not owned by such person.

SECTION 7.03.190 Handbills and Posters
1. No person or business shall post, stick, paint or otherwise fix, or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device calculated to attract the attention of the public, upon any sidewalk, curb or any other portion or part of any public way or public place or any lamp post, electric light, telegraph, telephone or railway structure, hydrant, shade tree or tree-box, or upon the columns, trusses, girders, railings, gates or other parts of nay bridge or other public structure or building, or upon any pole, box or fixture of the fire alarm or police telegraph system, except such as may be authorized or required by the laws of the United States, or state, and the ordinances of this municipality.
2. It shall be unlawful to distribute indiscriminately to the public by leaving at houses or residences in the municipality any cards, circular, handbills, samples of merchandise or any advertising matter whatsoever without having first secured a permit therefore, This section shall not be construed to apply to the sale of articles by licensed peddlers.
3. Application for such permit shall be made to the Recorder/clerk and shall contain a statement of the nature of the article, cards or advertisement to be distributed, the name of the applicant and the name of the manufacturer or distributor of such article or service advertised.
4. Licenses shall be issued only to persons of good character. The chief of police shall make or cause to be made an investigation into the character of each applicant and shall report the results thereof to the Recorder/clerk before any such license is issued.

CHAPTER 7.04
Weed and Refuse Abatement
SECTIONs:
7.04.010 Purpose - Declaration of Nuisance
7.04.020 Inspection and Administration
7.04.030 Notice to Property Owners
7.04.040 Proof of Service and Election of Remedy
7.04.050 Failure to Comply - Removal of Nuisance
7.04.060 Violations - Remedies
7.04.070 Construction of Chapter
SECTION 7.04.010 Purpose - Declaration of Nuisance
It is the purpose of this chapter to establish a means whereby Milford City may designate and regulate the abatement of injurious and noxious weeds, garbage, refuse or any unsightly or deleterious objects or structures pursuant to the police power of the City and specific authorization of Chapter 11, Title 10 of the Utah Code.
(Ord. Ordinance 11-2005 Weed and Refuse, Add, 09/21/2005)

SECTION 7.04.020 Inspection and Administration
For purposes of administration of this chapter, the city fire department and the employees thereof as directed under the fire chief are hereby appointed as the city inspectors for the purpose of carrying out the provisions of this chapter.
(Ord. Ordinance 11-2005 Weed and Refuse, Add, 09/21/2005)

SECTION 7.04.030 Notice to Property Owners
It shall be the duty of the city inspectors to make careful examination and investigation as may be provided hereunder for the growth and spread of injurious and noxious weeds, and of garbage, refuse or unsightly or deleterious objects or structures; and it shall be the inspectors' duty to ascertain the names of the owners and the descriptions of the premises where such weeds, garbage, refuse, objects or structures exist and to serve notice in writing upon the owner and/or occupant of such land, either personally or by mailing notice, postage prepaid, addressed to the owner or occupant at the last known post office address as disclosed by the records of the county assessor, requiring such owner or occupant, as the case may be, to eradicate, or destroy and remove, the same within such time as the inspector may designate, which shall not be less than ten (10) days from the date of service of such notice. One notice shall be deemed sufficient on any lot or parcel of property for the entire season of weed growth during that calendar year. The inspectors shall make proof of service of such notice under oath, in the manner hereinafter set forth.
(Ord. Ordinance 11-2005 Weed and Refuse, Add, 09/21/2005)

SECTION 7.04.040 Proof of Service and Election of Remedy
1. In the event that the property owner is a resident or can be adequately served in Beaver County, both notice of abatement and subsequent legal action shall be through the appropriate court system.
2. In the event the owner of the property cannot be adequately served within Beaver County or in the event that he resides outside of Beaver County, the inspector shall refer the matter to the county treasurer for inclusion in the tax notice of the property owner, including all costs associated both with the abatement of the nuisance in the manner anticipated by this chapter together with administrative expenses in the manner hereafter described.
(Ord. Ordinance 11-2005 Weed and Refuse, Add, 09/21/2005)

SECTION 7.04.050 Failure to Comply - Removal of Nuisance
The accumulation of injurious or noxious weeds, garbage, excess pet food, refuse or unsightly or deleterious objects or structures when such constitute either a health hazard, a present danger to the citizens of the city, a potential source of contagious disease, a harborage for rats or other rodents, or other carriers of disease, a fire hazard or an attractive nuisance likely to cause damage to small children is hereby declared to be a nuisance, unlawful and shall be abated as herein provided, or under the general nuisance sections of the Milford City Code or other ordinances of the city or statutes of the state, or by a criminal prosecution initiated by the City Attorney.
(Ord. Ordinance 11-2005 Weed and Refuse, Add, 09/21/2005)

SECTION 7.04.060 Violations - Remedies
1. It shall be a misdemeanor violation for any owner or occupant of lands described in the notice herein above referred to fail or neglect to conform to the requirements hereof relating to the eradication or destruction or removal of accumulated weeds, garbage, refuse, objects or structures punishable both by the imposition of civil remedies as herein described and by criminal sanctions.
2. In the event of failure of the owner or occupant of lands to comply with the notice duly given, it shall be the duty of the inspector at the expense of the municipality to employ necessary assistance and cause such weeds, garbage, refuse, objects, or, in the case of a structure to be removed, destroyed, repaired or secured, so as to remedy the hazard or nuisance. He shall prepare an itemized statement of all expenses incurred in the removal and destruction of the same and shall mail a copy thereof to the owner demanding payment within twenty (20) days of the date of mailing. Said notice shall be deemed delivered when mailed by certified mail addressed to the property owner's last known address.
A. In the event the owner is a resident or can be served within the county and he fails to make payment of the amount set forth in the statement to the municipal treasurer within twenty (20) days, the inspector on behalf of the municipality may cause suit to be brought in an appropriate court of law.
B. In the event the owner is not servable or is not a resident within the county, the inspector shall refer the matter to the county treasurer for inclusion in the tax notice of the property owner. The inspector shall make, in triplicate, an itemized statement of all expenses incurred in the removal and destruction of the same and shall deliver the three (3) copies of said statement to the county treasurer within ten (10) days after completion of the work of removing such weeds, garbage, refuse, objects or structures in the manner set forth in sections 10-11-3 and 10-11-4, Utah Code, as amended.
3. In either event the amount to be collected with an administrative fee of one hundred dollars ($100.00), together with costs of court and reasonable attorney's fees and interest accrued shall constitute a civil debt owed by the defendant to the municipality.
(Ord. Ordinance 11-2005 Weed and Refuse, Add, 09/21/2005)

SECTION 7.04.070 Construction of Chapter
Nothing herein shall be construed to prohibit enforcement through the zoning code or any applicable nuisance or statute, nor shall the imposition of any criminal sanction inhibit or prevent the imposition of civil remedies provided for hereunder.
(Ord. Ordinance 11-2005 Weed and Refuse, Add, 09/21/2005)

CHAPTER 7.05
International Property Maintenance Code
SECTIONs:
7.05.010 International Property Maintenance Code
7.05.020 Addition, Insertions, Deletions and Changes to the Property Maintenance Code
7.05.030 Conflict With Other Ordinances
7.05.040 Validity of Ordinance
7.05.050 Suit or Proceeding Impending in any Court
7.05.060 Appointment of Code Official
7.05.070 Failure to Make Payment
7.05.080 Collection by Lawsuit
7.05.090 Collection Through Taxes
7.05.100 Failure to Comply
7.05.110 Penalty for Failure to Comply
7.05.120 Repealed
7.05.130 Repealed
7.05.140 Repealed
7.05.150 Repealed
7.05.160 Repealed

SECTION 7.05.010 International Property Maintenance Code
That a certain document which is on file in the office of the Milford City Recorder, being marked and designated as the "International Property Maintenance Code" 2006 edition, as published by the International Code Council, be and is hereby adopteded as the Property Maintenance Code of Milford City for regulating and governing the conditions and maintenance of all property, bulidings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure the structures are safe, sanitar and fit for occupation and use; and the condemnatino of buildings and structures unfit for human occupancy and use, and the demoliton of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provision, penalties, conditions and terms of said Property Maintenance Code on file of the Milford City Recorder are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance. with the addition, insertions, deletions and changes, if any, prescribed in 7.05.020 of this ordinance.
(Ord. Ordinance 12-2007 Property Maintenance code, Amended, 10/02/2007; Ord. Ordinance 12-2005 Abatement of Dang. Bldgs, Add, 09/20/2005)

SECTION 7.05.020 Addition, Insertions, Deletions and Changes to the Property Maintenance Code
Section 101.1 Milford City
Section 103.5 First owner request investigation fee $85.00
Other fees charged at building permit fees
Remodel 25% of new construction fees
Sectin 302.4 Six (6) inches
Section 304.14 May 1st to November 1st
Section 602.3 September 1st to May 30th
Section 602.4 September 1st to May 30th
(Ord. Ordinance 12-2007 Property Maintenance code, Amended, 10/02/2007; Ord. Ordinance 12-2005 Abatement of Dang. Bldgs, Add, 09/20/2005)

SECTION 7.05.030 Conflict With Other Ordinances
Any and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
(Ord. Ordinance 12-2007 Property Maintenance code, Amended, 10/02/2007; Ord. Ordinance 12-2005 Abatement of Dang. Bldgs, Add, 09/20/2005)

SECTION 7.05.040 Validity of Ordinance
That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstituional, such decision shall not affect the validity of the remaining portions of this ordinance. The Milford City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
(Ord. Ordinance 12-2007 Property Maintenance code, Amended, 10/02/2007; Ord. Ordinance 12-2005 Abatement of Dang. Bldgs, Add, 09/20/2005)

SECTION 7.05.050 Suit or Proceeding Impending in any Court
That nothing in this ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in 7.05.030 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affect by this ordinance.
(Ord. Ordinance 12-2007 Property Maintenance code, Amended, 10/02/2007; Ord. Ordinance 12-2005 Abatement of Dang. Bldgs, Add, 09/20/2005)

SECTION 7.05.060 Appointment of Code Official
There is hereby established the position of code official whose duties it shall be to enforce the provisions of this chapter. Until another person is designated, the Building Inspector shall enforce the provisions of this chapter.
(Ord. Ordinance 12-2007 Property Maintenance code, Amended, 10/02/2007; Ord. Ordinance 12-2005 Abatement of Dang. Bldgs, Add, 09/20/2005)

SECTION 7.05.070 Failure to Make Payment
In the event the owner, occupant or person having an interest in the property fails to make payment of any amount required under this chapter to the municipal treasurer within the 20 days of Notice, the City either may cause suit to be brought in an appropriate court of law or may refer the matter to the county treasurer as provided in this chapter.
(Ord. Ordinance 12-2007 Property Maintenance code, Amended, 10/02/2007; Ord. Ordinance 12-2005 Abatement of Dang. Bldgs, Add, 09/20/2005)

SECTION 7.05.080 Collection by Lawsuit
In the event collection of expenses of destruction and removal are pursued through the courts, the municipality shall sue for and receive judgment for all of said expenses of destruction and removal, together with reasonable attorney's fees, interest and court costs and shall execute upon such judgment in the manner provided by law.
(Ord. Ordinance 12-2007 Property Maintenance code, Amended, 10/02/2007; Ord. Ordinance 12-2005 Abatement of Dang. Bldgs, Add, 09/20/2005)

SECTION 7.05.090 Collection Through Taxes
In the event that the city elects to refer the expenses of destruction or removal to the county treasurer for inclusion in the tax notice of the property owner, he shall make in triplicate an itemized statement of all expenses incurred in the destruction and removal of the same, and shall deliver the three copies of the statement to the county treasurer within ten days after the completion of the work of destroying or removing such weeds, refuse, garbage, objects or structures. Thereupon, the cost of the work shall be pursued by the county treasurer in accordance with the provisions of section 10-11-4, Utah Code Annotated 1953, as amended, and the recalcitrant owner shall have such rights and shall be subject to such powers as are thereby granted.
(Ord. Ordinance 12-2007 Property Maintenance code, Amended, 10/02/2007; Ord. Ordinance 12-2005 Abatement of Dang. Bldgs, Add, 09/20/2005)

SECTION 7.05.100 Failure to Comply
The commencement of criminal proceedings for the purpose of imposing penalties for violations of this chapter shall not be conditioned upon prior issuance or the granting to the defendant of an opportunity to abate or remove the nuisance. The provisions of this chapter reliant to notice and abatement shall be deemed merely alternative and additional methods of securing conformity to the provisions of this chapter.
(Ord. Ordinance 12-2007 Property Maintenance code, Amended, 10/02/2007; Ord. Ordinance 12-2005 Abatement of Dang. Bldgs, Add, 09/20/2005)

SECTION 7.05.110 Penalty for Failure to Comply
1. Any owner, occupant or person having an interest in the property subject to this chapter who shall fail to comply with the notice or order given pursuant to this chapter shall be guilty of a class C misdemeanor for each offense and further sum of $499.00 for each and every day such failure to comply continues beyond the date fixed for compliance.

2. Compliance by any owner, occupant or person to whom a notice has been given as provided in this chapter shall not be admissible in any criminal proceeding brought pursuant to this section.
(Ord. Ordinance 12-2007 Property Maintenance code, Amended, 10/02/2007; Ord. Ordinance 12-2005 Abatement of Dang. Bldgs, Add, 09/20/2005)

SECTION 7.05.120 Repealed
.
(Ord. Ordinance 12-2007 Property Maintenance code, Amended, 10/02/2007; Ord. Ordinance 12-2005 Abatement of Dang. Bldgs, Add, 09/20/2005)

SECTION 7.05.130 Repealed

(Ord. Ordinance 12-2007 Property Maintenance code, Amended, 10/02/2007; Ord. Ordinance 12-2005 Abatement of Dang. Bldgs, Add, 09/20/2005)

SECTION 7.05.140 Repealed

(Ord. Ordinance 12-2007 Property Maintenance code, Amended, 10/02/2007; Ord. Ordinance 12-2005 Abatement of Dang. Bldgs, Add, 09/20/2005)

SECTION 7.05.150 Repealed

(Ord. Ordinance 12-2007 Property Maintenance code, Amended, 10/02/2007; Ord. Ordinance 12-2005 Abatement of Dang. Bldgs, Add, 09/20/2005)

SECTION 7.05.160 Repealed

(Ord. Ordinance 12-2007 Property Maintenance code, Add, 10/02/2007)

CHAPTER 7.06
Solid Waste Regulation
SECTIONs:
7.06.010 Short Title
7.06.020 Declaration Policy
7.06.030 Definitions
7.06.040 Administrative Department
7.06.050 Enforcement Agency
7.06.060 Adoption and Incorporation of Beaver County Ordinance No. 93-03
7.06.070 Rules and Regulations
7.06.080 Inspections
7.06.090 Notices
7.06.100 Citations
7.06.110 Injunction
7.06.120 Collection of Solid Waste
7.06.130 Service Charge
7.06.140 Method of Payment of Service Charges
7.06.150 Delinquent Accounts
7.06.160 No Accumulation of Waste
7.06.170 Containers
7.06.180 Time and Place of Pick-up
7.06.190 Disposal of Bulky Waste
7.06.200 Burning of Refuse Prohibited
7.06.210 Dumping Waste Prohibited
7.06.220 Limitations Upon Dumping
7.06.230 Prohibited Activities
7.06.240 Penalties
SECTION 7.06.010 Short Title
This ordinance shall be known and may be cited as the Solid Waste Management Ordinance of Milford.

SECTION 7.06.020 Declaration Policy
It is hereby declared to be the purpose of this ordinance to regulate the storage, collection, transport, processing, recovery, and disposal of solid waster in order to protect the public safety, health, and welfare and to enhance the environment of the people of Milford City.

SECTION 7.06.030 Definitions
For the purposes of this ordinance, the following words and phrases shall have meaning given herein unless their use in the text of the ordinance clearly demonstrates a different meaning:

“Abandoned Vehicle” means a vehicle that applicable state laws deem to have been abandoned.

“Administrative Agency” means the agency (or) public entity of this county charged with the administrative management of this ordinance.

“Agricultural Solid Waste” means the solid waste that results from the rearing and slaughtering of animals and the processing of animal products and orchard and field crops.

“Bulky Waste” means items whose large size precluded or complicates their handling by normal collection, processing, or disposal methods.

“Bulky Waste Collection Site” means a site designated by the District for collection for collection of bulky waste - hours of operation set by the District.

“Collection” means an act of removing solid waste from the central storage point or at the source of generation.

“Collection Station” means a site at which solid waste is concentrated after delivery by the person generating the solid waste and before processing or disposal.

“Commercial” means solid waste generated by stores, offices, and other activities that have a standard industrial code number greater than 5200, as determined by the Utah State Tax Commission and do not actually turn out a product.

“Dead Animals” means animals that have died from any cause except those slaughtered for human consumption.

“Director” means a person designated by the Beaver County Special Service District No.5 which is responsible for the administrative management of this ordinance.

“Disposal” means the orderly process of discarding useless or unwanted material.

“District” means Beaver County Special District No. 5.

“Dump” means a land site where solid waste is disposed of in a manner that does not protect the environment.

“Enforcement Agency” means the agency of this county charged with the enforcement of those aspects of this ordinance related to the protection of the public safety, health, welfare and environment.

“Generation” means the act or process of producing solid waste.

“Hazardous Waste” means a solid waste or combination of solid wastes which, because of it quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating, illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (See Section R450-2-1.2 of Utah Administrative Rules.)

“Incineration” means the controlled process by which solid, liquid, or gaseous combustible wastes are burned and changed into gases, and the residue produced contains no combustible materials.

“Industrial Solid Waste” means solid waste that results from industrial processes and manufacturing that have a standard industrial code between 0 and 5199 as determined by the Utah State Tax Commission.

“Institutional Solid Waste” means solid waste originating from educational, health care, and research facilities.

“Local Government” means a public corporation, created by Government for political purposes, and having subordinate and local powers of legislation: e.g., a county, town, city, etc., or combination thereof.

“Natural Resources” means materials which have useful physical or chemical properties which exist, unused, in nature.

“Incinerator” means an engineered apparatus used to burn waste substances and in which all the factors of combustion -- temperature retention time, turbulence, and combustion air -- can be controlled.

“Person” means any individual, partnership, co-partnership, firm, company, public or private corporation, municipal corporation, political subdivision, association, joint stock company, trust estate or any other legal representative, agent or assigns.

“Pollution” means the condition caused by the presence in the environment of substance of such character of such character and in such quantities that the quality of the environment is impaired or rendered offensive to live.

“Processing” means any method, system, or other treatment designed to change the physical form or chemical content of solid waste.

“Recovered Resources” means materials which still have useful physical or chemical properties after serving a specific purpose and can, therefore, be re-used or recycled for the same or other purposes.

“Recovery” means the process of obtaining material or energy resources from solid waste. Synonyms: Extraction, reclamation, salvage.

“Energy Recovery” means the obtaining of energy available from the heat generated when solid waste is incinerated.

“Recycling” means the process by which recovered resources are transformed into new products in such a manner that the original products lose their identity

“Rendering” means a process of recovering fatty substances from animal parts by heat treatment, extraction, and distillation.

“Residential Solid Waste” means all solid waste that normally originates in a residential environment. This definition is applicable to the solid waste from a building of four or less separate residential units.

“Residential User” means any person generating residential solid waste who is connected to any public utility including water, sewer, electrical or natural gas. The owner of property connected to the public utility shall be deemed to be the person generating residential solid waste, even though the property has been rented leased or otherwise allowed to be used by other tenants.

“Reprocessing” means the action of changing the condition of a secondary material.

“Reuse” means the reintroduction of a commodity into an economic stream without any change in its physical characteristics.

“Salvage” means the utilization of waste materials.

“Sanitary Landfill” means a site where solid waste is disposed of using sanitary land filling techniques.

“Sanitary Land Filling” means an engineered method of disposing of solid waste on land in a manner that protects the environment by spreading the waste in thin layers, compacting it to the smallest practical volume, and covering it with soil by the end of each working day.

“Scavenging” means the uncontrolled removal of materials at any point in solid waste management.

“Scrap” means discarded or rejected material or parts of material that result from manufacturing operations and are suitable for reprocessing or recycling.

“Home Scrap” means scrap that never leaves the manufacturing operation and is routinely reprocessed. (Also referred to as revert scrap, millbroke, or turn around scrap) and is not intended to infer the same as residential wastes or junk.

“Industrial Scrap” means scrap that is generated during the manufacture of a product.

“Secondary Material” means a material that is utilized in place of a primary or raw material in manufacturing a product.

“Separation” means the systematic division of solid waste into designated components.

“Solid Waste” means any garbage, refuse, sludge, including sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations and from community activities but does not include solid or dissolved material in domestic sewage or in irrigation return flows or discharges for which a permit is required under Chapter 11 of Title 26 of Utah Code Annotated 1953 (as amended) or under the Federal Water Pollution Control Act, 33 U.S.C., Section 1251, et seq.

“Solid Waste Management” means the purposeful, systematic control of the generation, storage, collection, transport, separation, processing, recovery and disposal of solid waste.

“Storage” means the interim containment of solid waste, in an approved manner, after generation and prior to ultimate disposal.

“Transport” means the movement of solid waste subsequent to collection.

SECTION 7.06.040 Administrative Department
Milford City, by Interlocal Agreement, shall authorize the Beaver County Service District to act as agent, and the District shall be responsible for the administrative management of this ordinance and the rules and regulations authorized in Section 6.03 of the Beaver County Ordinance incorporated herein.

SECTION 7.06.050 Enforcement Agency
Within the legal city boundaries of Milford City, the Milford City Police Department or Beaver County Sheriff’s Department shall be the enforcement agencies responsible for the enforcement of this ordinance and Beaver County ordinance 93-03, incorporated herein.

SECTION 7.06.060 Adoption and Incorporation of Beaver County Ordinance No. 93-03
Beaver County Ordinance No. 93-03 is hereby incorporated into this ordinance and adopted as an ordinance applicable within the boundaries of Milford City.

SECTION 7.06.070 Rules and Regulations
The enforcement agency shall enforce rules and regulations governing the health, safety, welfare and environmental aspects of solid waste management with this locality. These rules and regulations must be compatible with state law and applicable state rules and regulations, and with Beaver County Ordinance 93-03.

SECTION 7.06.080 Inspections
In order to insure compliance with the laws of this State, the ordinances of this locality and the rules and regulations authorized herein, the District and the Enforcement Agency is authorized to inspect at reasonable times, all phases of solid waste management within this locality.

SECTION 7.06.090 Notices
In all instances where such inspections reveal violations of this ordinance, the rules and regulations governing solid waster management, or the laws of this State, the Enforcement Agency shall issue written notice for each such violation, stating therein the violation or violations found, the date and time of such violation and the corrective measure to be taken, together with the time in which such corrections shall be made. All such notices shall be kept in a clearly marked file and shall be available for public inspection during regular business hours.

SECTION 7.06.100 Citations
In all instances where the inspections authorized in Section 7.06.080 reveal violations of the laws of this State, the ordinances of this locality, the rules and regulation in Section 7.06.070 or when the Enforcement Agency is aware of any such violation, the violator shall be cited and appear in Court at a day and time shown in the citation.

SECTION 7.06.110 Injunction
1. In all cases where the violation of this ordinance or the rules and regulations authorized herein, or the law of this State create an immediate threat to the safety, health, welfare or environment of the residents of this locality, the Enforcement Agency shall cite the violator, stating therein the necessary corrective measures are not taken forthwith, the Enforcement Agency shall notify the Beaver County Attorney who shall immediately apply to the Court for an injunction prohibiting further violation as shown in the notice authorized in Section 7.06.090.
2. The provision of this section shall be in addition to and not in substitution of any other section or sections.

SECTION 7.06.120 Collection of Solid Waste
1. Milford City shall authorize its Agent, the District, to provide residential collection and to issue permits to persons to provide commercial and industrial solid waste collection within the corporate limits of Milford City.
2. Nothing in this ordinance shall preclude persons from hauling their own solid waste over the streets and alleys of the City as the City Council may authorize, and the disposal of their waste at approved disposal sites as regulated by the District. However, the service charge in Section 7.06.130 shall be imposed even if a residential user elects to haul his own solid waste.

SECTION 7.06.130 Service Charge
1. All residents within the municipality shall pay to the City monthly waste collection service charges as established by the District. Such charges may include the monthly collection charges, haul charges, disposal fees, delinquencies and a billing fee as set by the City Council.
2. Charges shall apply to all residences whether or not they have elected to haul their own waste or employ the services of any other licensed waste haulers.

SECTION 7.06.140 Method of Payment of Service Charges
1. The waste collection service charges above imposed by this ordinance shall be added to the monthly utility billing, and shall be billed and collected in the same manner as other utilities are billed and collected.
2. If a dwelling has all utilities disconnected, or terminated, then no waste collection fees will be assessed for that period of time.

SECTION 7.06.150 Delinquent Accounts
1. If any residential user fails to pay his residential service charge within thirty (30) days of the date due, the water service to such premises may be disconnected to such premises, unless the customer pays the bill in full within a specified date of the date of notice.
2. If any residential user fails to pay his service charge within thirty (30) days of the due date, the District or the City is hereby authorized to take all action necessary to enforce collection, including but not limited to the commencement of legal proceedings in a court of proper jurisdiction seeking judgment for the amount of the delinquent fees and service charges, and all cost of collection including court costs and attorney fees.
3. All delinquent accounts delivered to the District may be assessed against the real property in accordance with Beaver County Ordinance 93-03.

SECTION 7.06.160 No Accumulation of Waste
It shall be unlawful for any person to accumulate solid waste or cause solid waste to be deposited upon any street or alley or upon any premises in the city.

SECTION 7.06.170 Containers
All residential solid waste, excepting bulky waste and or commercial and industrial waste, shall be placed in containers provided by the District. Residential solid waste shall not be placed out for collection in any bag, box or container.

SECTION 7.06.180 Time and Place of Pick-up
1. All residential solid waste subject to collection by the Agent of the City shall be placed at a pickup point at or near the premises designated from time to time by regulations adopted by the City Council or its agent, and at such time or times as shall be designated by the regulations of the collection agent.
2. Until otherwise provided by regulation, residential solid waste must not be set out upon the street for collection prior to the evening of the day before collection and must be set out on the day of collection before the hour of collection designated by the City’s agent.
3. All empty receptacles must be removed from the street as soon as practicable after being emptied, and in every case, must be removed from the street the same day they are emptied. Receptacles shall not be permitted to remain on the street longer than may be necessary for the removal of the contents.

SECTION 7.06.190 Disposal of Bulky Waste
1. Bulky waste may be disposed of by residents and commercial establishments in vehicles provided that provisions to avoid spillage upon public ways of the City, hazards to safety and the prevention of nuisances are provided for.
2. The City Council from time to time may provide for the collection and disposal of such types of bulky waste as it may decide to collect and haul in connection with such projects as community cleanup day. In the event bulky waste collection and disposal service should require a charge to be made by the city, the determination of the charge will be made by negotiation with the residents and the residents will be given an opportunity to choose collection services offered by persons other than the city or its agent.

SECTION 7.06.200 Burning of Refuse Prohibited
It shall be unlawful for any person to burn waste, manure or other refuse in the open air or in any furnace or stove within the municipality.

SECTION 7.06.210 Dumping Waste Prohibited
It shall be unlawful for any person to place, deposit, or dump waste, ashes, market waste, paper, boxes, cartons, manure or night soil, or any other refuse upon any lot within the city whether such lot is occupied or vacant and whether such person so placing, depositing or dumping such refuse is the owner, tenant, occupant or lessor thereof or has the same under his jurisdiction and control.

SECTION 7.06.220 Limitations Upon Dumping
Dumping solid waste shall be permitted only in such places as are designated as approved sites by the District, and is subject to all rules and regulations as may be formulated by the District.

SECTION 7.06.230 Prohibited Activities
1. Dead Animals. It shall be unlawful to place any dead animal or parts thereof, in a container for collection without the consent of the District, provided, however, this section shall not apply to animal parts from commercial food preparation for human consumption.
2. Littering. It shall be unlawful to place, or allow to be placed, any solid waste upon the roads, streets, public or private property within this city contrary to the provisions of this ordinance or state and federal laws.
3. Acts Contrary to Ordinance. It shall be unlawful to store, collect, transport, transfer, recover, incinerate, or dispose of any solid waste within the boundaries of this locality contrary to the provisions of this ordinance.
4. Vehicle Construction. It shall be unlawful to transport an solid waste in any vehicle which permits the contents to blow, sift, leak or fall therefrom.
5. No Interference with Authorized Solid Waste Management. It shall be unlawful for any person to interfere with any employee of Beaver County, the District, or any employee of a contractor while in the performance of their duties as authorized by this ordinance.
6. Scavenging Prohibited. It shall be unlawful for any person to scavenge any solid waste within the boundaries of this locality.
7. Dumps Prohibited. It shall be unlawful for any person to use or operate a dump.
8. Illegal Use of Permit Number. It shall be unlawful to display any permit number unless the person displaying such number or numbers holds a valid permit or permits therefore.
9. Hazardous Waste. No person shall place any hazardous waste in any container for collection, transport, processing or disposal until the District has approved the method of storage, transport processing, or disposal.

SECTION 7.06.240 Penalties
Any person convicted of a violation of this chapter, or the rules and regulations authorized herein, shall be guilty of a Class B misdemeanor. Each day of knowing violation of any provision of this ordinance shall be a separate offense.

CHAPTER 7.07
Miscellaneous Sanitary Provisions
SECTIONs:
7.07.010 Drinking Fountains
7.07.020 Toilet Facilities and Sinks
7.07.030 Stagnant Water and Other Substances or Materials
7.07.040 Clean Structures for Human Occupation
7.07.050 Clean Public Rights of Ways and Alleys
7.07.060 Human and Animal Discharges
7.07.070 Septic Tanks and Other Receptacles for Human Waste
7.07.080 Miscellaneous Sanitary Regulations
7.07.090 Distribution of Pills and Medicines
7.07.100 Recreational Vehicles and Travel Trailers
SECTION 7.07.010 Drinking Fountains
It shall be unlawful to expectorate or spit or to wash any part of a human body in any public drinking fountain, or to cause any animal to come into contact with or to drink from a public drinking fountain.
(Ord. Ordinance 13-2005 Misc Sanitary Provisions, Add, 09/20/2005)

SECTION 7.07.020 Toilet Facilities and Sinks
It shall be unlawful for the owner of any structure to not equip the same with toilet facilities and sinks as otherwise required by law, and to maintain the same in a sanitary condition.
(Ord. Ordinance 13-2005 Misc Sanitary Provisions, Add, 09/20/2005)

SECTION 7.07.030 Stagnant Water and Other Substances or Materials
It shall be unlawful for the owner, tenant or person in control of real property which has become the repository of stagnant water, or other fluids, substances or materials causing an unhealthy condition, to fail to remove the same after notice from the City department. The notice from the City shall state a reasonable time for compliance with the notice.
(Ord. Ordinance 13-2005 Misc Sanitary Provisions, Add, 09/20/2005)

SECTION 7.07.040 Clean Structures for Human Occupation
It shall be unlawful for any person owning, controlling or operating any structure used for human occupation, to cause or permit the same to be so used while infested with insects or rodents.
(Ord. Ordinance 13-2005 Misc Sanitary Provisions, Add, 09/20/2005)

SECTION 7.07.050 Clean Public Rights of Ways and Alleys
It shall be unlawful for any person to place, or cause to be placed, any debris, plant trimmings or trash upon any public right of way or alley.
(Ord. Ordinance 13-2005 Misc Sanitary Provisions, Add, 09/20/2005)

SECTION 7.07.060 Human and Animal Discharges
It shall be unlawful for any owner, tenant or person in charge of real property, to cause or allow the feces or urine from humans or any species of fowl or animal, to accumulate in any unhealthy, or unsanitary condition upon or under the surface of said property.
(Ord. Ordinance 13-2005 Misc Sanitary Provisions, Add, 09/20/2005)

SECTION 7.07.070 Septic Tanks and Other Receptacles for Human Waste
1. It shall be unlawful to construct or maintain a cesspool, septic tank or other receptacle or depository for human waste, except that a septic tank may be constructed and maintained if, for reasons demonstrated to the city engineer by the applicant, it is not reasonable or practical to connect to the city sewer system. It shall be presumed that it is both reasonable and practical to connect to a sewer line which is not more than 300 feet from a proposed residence.
2. The construction, maintenance, repair, emptying, cleaning or abatement of septic tanks shall conform to the regulations of the Southwest Health Department.
3. A septic tank may be constructed, maintained, repaired, emptied or cleaned only with a permit from the Southwest Health Department.
(Ord. Ordinance 13-2005 Misc Sanitary Provisions, Add, 09/20/2005)

SECTION 7.07.080 Miscellaneous Sanitary Regulations
It shall be unlawful and a nuisance to do any of the following:
1. to place, conduct or discharge into or on any street, alley, sidewalk, gutter, water ditch or canal, or any vacant lot, any rancid fat or grease waste material, any filthy or offensive water, liquid, waste refuse or discharge of any kind which is offensive or likely to become so, or any putrid or unsound meat, fish, hides or skin of any kind, or filth, offal, dead animals, vegetables or any unsound offensive matter whatsoever. Provided, however, that this section shall not apply to the spreading of manure upon land for the purpose of fertilizing of the soil.
2. to process dead animals for the manufacture of fertilizing material or other products, or any boiling of offal, fat or grease which shall be done or carried on in an offensive, unclean or defective manner.
3. to fail to abate any collection of waste, rags, damaged merchandise, wet, broken or leaking barrels, [casks or] boxes, or any materials which are offensive or tend to decay, to become putrid, or to pollute the air.
4. for the owner or occupant of real property to cause or permit upon said property any of the following unsanitary, fly producing, disease causing conditions:
A. Manure which is not securely protected from flies.
B. Any privy, vault, cesspool, sink, pit or like place which is not securely protected from flies.
C. Garbage which is not securely protected from flies.
D. Vegetable or animal waste, trash, litter, rags or refuse of any kind, nature or description in which flies may breed or multiply.
(Ord. Ordinance 13-2005 Misc Sanitary Provisions, Add, 09/20/2005)

SECTION 7.07.090 Distribution of Pills and Medicines
It shall be unlawful for any person to distribute any samples, packages, parcels, boxes, bottles or other quantity of any pills, medicines or any other material of medicinal or alleged medicinal character, or purporting to be a curative agent, or any article harmful to a human being, by handing, giving or furnishing the same to any person in parks, streets, alleys or the thoroughfares or by leaving, casting or depositing the same in yards or upon the premises of any residence or other private grounds or upon or about school buildings or grounds within the city limits.
(Ord. Ordinance 13-2005 Misc Sanitary Provisions, Add, 09/20/2005)

SECTION 7.07.100 Recreational Vehicles and Travel Trailers
It shall be unlawful to allow recreational vehicles or travel trailers to serve as permanent residence within the municipal boundries for any length of time with the following exceptions:

1. Recreational vehicles and travel trailers which are parked within an approved recreational vehicle and travel trailer park.

2. Individuals visiting premises of a permanent residence of which the allowable period will be 30 days. Visiting the premise as used in this part shall mean the following:
A. A premise that includes a fully constructed home with inhabitants during the period the home is visited.

(Ord. Recreational Vehicles and Travel Trailers, Add, 03/19/2008)