PUBLIC PEACE AND SAFETY
9.01 Police Department
9.02 Fire Department - Code
9.05 False Advertising
9.06 Public Disturbances
9.07 Offenses Regarding Minors
9.09 Poolrooms, Billiard Halls and Bowling Alleys
9.11 Lewdness, Profanity, Nudity, Obscenity and Pornography
9.12 Unlawful Sex Acts
9.15 Transportation, Streets and Public Ways
9.16 Sidewalks - Removal of Debris, Snow or Ice
9.17 Animals on Streets
9.19 Parking Regulations
9.35 Construction, Maintenance and Repair of Streets and Sidewalk
9.40 State Criminal Code
9.41 Alcoholic Beverage Control Act
9.42 Motor Vehicle Status
9.43 State Fireworks Acts
9.51 International Fire Code
9.52 Technical Codes
9.01.010 Police Department Established
9.01.020 Marshal - Chief of Police
9.01.030 Additional Powers and Duties of Policemen
9.01.040 Register of Arrest
9.01.050 Property Taken From the Person Arrested - Triplicate Receipts
9.01.060 Register of Property to be Kept
9.01.070 Stolen Property Disposition
SECTION 9.01.010 Police Department Established
There is hereby established a regularly constituted police force to be known as the police department which shall consist of a chief of police and such other police officers as shall be employed by the municipality. The City may contract with Beaver County for police services under this chapter. For such contract, the Beaver County Sheriff or his designee shall perform the responsibilities of Chief of Police
SECTION 9.01.020 Marshal - Chief of Police
1. He shall organize, supervise, and be responsible for all the activities of the police department and shall define and assign the duties of the different police officers.
2. He shall, when required, attend meeting of the governing body to consult with and advise them on matters of public safety. He shall execute all lawful orders of the Mayor and governing body and see that all orders and judgements of the justice of the peace are carried into effect.
SECTION 9.01.030 Additional Powers and Duties of Policemen
The chief of police and all police officers of the municipality shall have the following powers and duties in addition to those that may be assigned to them as above provided:
1. To suppress riots, disturbances, and breaches of the peace, and to apprehend all persons committing any offense against the laws of the state or ordinances of the municipality.
2. To execute and serve all warrants, processes, commitments, and writs whatsoever issued by the justice of the peace.
3. To preserve the public peace, prevent crime, detect and arrest offenders, protect persons and property, remove nuisances existing in the public streets, roads, highways and other public places, enforce every law relating to the suppression of offenses, render such assistance in the collection of licenses as may be required by the license collector and perform all duties enjoined upon them by law and ordinance.
SECTION 9.01.040 Register of Arrest
The chief of police shall provide and cause to be kept a register of arrest. Upon such register shall be entered a statement showing the date of such arrest, the name of the person arrested, the name of the arresting officer, the offense charged and a description of any property found upon the person arrested.
SECTION 9.01.050 Property Taken From the Person Arrested - Triplicate Receipts
When money or other property is taken from a person arrested upon a charge of a public offense, the officer taking it must at the time issue triplicate receipts therefore specifying particularly the amount of money or kind of property taken. One of the receipts he must deliver to the person arrested. Another he must forthwith file with the clerk of the court to which the complaint and other papers in the case are required by law to be sent. The third receipt must be sent at once to the office of the police department.
SECTION 9.01.060 Register of Property to be Kept
The chief of police must enter or cause to be entered in a suitable book a description of every article of property alleged to be stolen or embezzled and brought into his office or taken from the person of the prisoner and must attach a number to each article and make a corresponding entry thereof.
SECTION 9.01.070 Stolen Property Disposition
It shall be the duty of the chief of police to keep all lost or stolen property that comes into the possession of the police department or any of its members. He shall make all reasonable efforts to discover the owners thereof.
Fire Department - Code
9.02.020 Creation of Position of Chief
9.02.030 Powers and Duties of Chief
9.02.050 Emergency Vehicles
9.02.060 Removal of Obstructions at Fire
9.02.070 Control of Persons
9.02.080 Interference with Firemen in Discharge of Duties
9.02.090 Unlawful Interference with Officers, Apparatus, Water, Etc.
9.02.100 Investigation After Fire Report
9.02.110 Right to Enter Upon and Inspect Premises
9.02.120 Persons Present at Fire Subject to Orders
9.02.130 False Alarm
9.02.140 Uniform Fire Code Adopted
9.02.150 Establishment and Duties of Bureau and Fire Prevention
9.02.170 Establishment of Limits of Districts in Which Storage of Falmmable or Combustible Liquids in Outside Aboveground Tanks is to be Prohibited
9.02.180 Establishment of Limits in Which Bulk Storage of Liquefied Petroleum Gases is to be Restricted
9.02.190 Establishment of Limits of District in Which Storage of Explosive and Blasting Agents is Prohibited
9.02.200 Amendments Made in the Uniform Fire Code
9.02.220 New Materials, Processes or Occupancies Which May Require Permits
SECTION 9.02.010 Creation
City hereby recognizes the creation of a fire department to be known as the Beaver County Fire District #2. Right, duties and responsibilities of the Chief of the Fire Department and Fire Department contained in this chapter are delegated to Beaver County Service District #2.
SECTION 9.02.020 Creation of Position of Chief
There is hereby created the position of chief of the fire department.
SECTION 9.02.030 Powers and Duties of Chief
1. The chief shall have responsibility for the general supervision of the department.
2. During a fire, the chief shall have full authority to take all measures as he shall deem necessary, subject to state law, to control and extinguish the fire and for that purpose he is hereby made a special peace officer.
3. The chief shall at least quarterly report to the Beaver County Service District #2 the condition of the fire equipment, the number of fires and their causes and estimated loss therefrom together with such other information as the governing body may request or as he shall deem appropriate.
4. The chief and deputies shall strictly enforce all of the provisions of the ordinances of this municipality relating to the protection against and prevention of fire.
5. The chief shall maintain the equipment of the department in good repair and order and ready for use.
6. The chief may delegate his duties to any person employed by the department, but such delegation shall not relieve the chief of his responsibility for the performance thereof.
7. The chief shall cause all fires to be promptly investigated to determine the cause of the fire and report the cause of the fire, the time originated and such other information as may be relevant to prevent other fires.
SECTION 9.02.040 Employees
The chief may make recommendations relating to the employment of firemen and such other personnel as may be necessary to enforce the provisions of this chapter. The chief may employ such additional personnel as the Mayor and governing body may direct or authorize.
SECTION 9.02.050 Emergency Vehicles
Fire trucks are hereby designated authorized emergency vehicles.
SECTION 9.02.060 Removal of Obstructions at Fire
The officer in charge at any fire may order the removal or destruction of any fence, building or structure, or that any utility be closed, cut or removed when deemed necessary to control, extinguish or prevent the spread of fire.
SECTION 9.02.070 Control of Persons
All person present at a fire shall obey the orders of any fireman.
SECTION 9.02.080 Interference with Firemen in Discharge of Duties
Every person at the scene of any fire who disobeys the lawful orders of any public officer or fireman, or offers any resistance to or interference with the efforts of any fireman, or company of firemen to extinguish the same, or engages in any disorderly conduct calculated to prevent the same from being extinguished, or who forbids, prevents or dissuades others from assisting to extinguish the same, is guilty of an infraction.
SECTION 9.02.090 Unlawful Interference with Officers, Apparatus, Water, Etc.
Any person who shall willfully hinder any officer or firemen in the discharge of his duty at a fire, or in any manner injure, deface or destroy any engine, hose, or other fire apparatus belonging to the service district, or who shall interfere with any fire company or person, or who shall willfully break or injure any water pipe, or interfere with the water or its source of supply shall be deemed guilty of a Class B misdemeanor and shall be punished accordingly.
SECTION 9.02.100 Investigation After Fire Report
The chief, or such other persons as he shall designate, shall, after extinguishing a fire, make a prompt and thorough investigation of the cause of the fire, the time the fire began, the amount of loss and insurance, a description of the affected buildings and premises, and shall secure all other useful information available, and record the same in a record book for the purpose in the office of the department and shall report the same to the government body at such time as it may direct.
SECTION 9.02.110 Right to Enter Upon and Inspect Premises
The fire chief or his deputies upon presentation of proper credentials shall have the right to enter any premises at all reasonable hours for the purpose of making inspections.
SECTION 9.02.120 Persons Present at Fire Subject to Orders
Every male person eighteen years or older present at a fire shall be subject to the orders of the officer in command and shall render assistance in the manner directed by the officer in command.
SECTION 9.02.130 False Alarm
It shall be unlawful for any person to turn in or report to the fire department a false alarm or report of a fire or to tamper or remove any part of the fire alarm system.
SECTION 9.02.140 Uniform Fire Code Adopted
There is hereby adopted as the fire code by this municipality, for the purpose of prescribing regulations governing conditions hazardous to life and protecting property from fire or explosion, that certain code known as the current edition of the International Fire Code as enacted by the State of Utah, except to the extent it is hereinafter modified or amended by Section 9.02.200 of this part, one copy of which will be on file in the office of the clerk for the use and inspection by the public.
(Ord. Ordinance 2-2002, Amended, 09/16/2002)
SECTION 9.02.150 Establishment and Duties of Bureau and Fire Prevention
1. The Uniform Fire Code shall be enforced by the bureau of fire prevention in the fire department of the municipality which is hereby established and which shall be operated under the supervision of the chief of the fire department.
2. The chief of the fire department may detail such members of the fire department as inspector as shall from time to time be necessary.
SECTION 9.02.160 Definitions
1. The word "jurisdiction" as used in the Uniform Fire Code, shall mean the boundaries of this municipality.
2. The term "corporation counsel" as used in the Uniform Fire Code shall mean the attorney for this municipality.
SECTION 9.02.170 Establishment of Limits of Districts in Which Storage of Falmmable or Combustible Liquids in Outside Aboveground Tanks is to be Prohibited
1. The limits referred to in Section 15-201 of the Uniform Fire Code in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited, are hereby established in an appendix to this code.
2. The limits referred to in Section 15-601 of the Uniform Fire Code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established in an appendix to this code.
SECTION 9.02.180 Establishment of Limits in Which Bulk Storage of Liquefied Petroleum Gases is to be Restricted
The limits referred to in Section 20.105(a) of the Uniform Fire Code, in which the bulk storage of liquefied petroleum gas is restricted, are hereby established in the appropriate appendix attached to this code.
SECTION 9.02.190 Establishment of Limits of District in Which Storage of Explosive and Blasting Agents is Prohibited
The limits referred to in Section 11.106(b) of the Uniform Fire Code, in which the storage of explosives and blasting agents is prohibited, are hereby established in the appropriate appendix attached to this code.
SECTION 9.02.200 Amendments Made in the Uniform Fire Code
Any amendments to the Uniform Fire Code shall be set forth in the appropriate appendix to this code.
SECTION 9.02.210 Appeals
Whenever the chief shall disapprove an application, refuse to grant a permit for which application has been received, or when it is claimed that the provisions of the fire code do not apply or that the true intent and meaning of the fire code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the chief to the governing body within 30 days from the date of such decision.
SECTION 9.02.220 New Materials, Processes or Occupancies Which May Require Permits
'Whenever the chief shall disapprove an application, refuse to grant a permit for which application has been received, or when it is claimed that the provisions of the fire code do not apply or that the true intent and meaning of the fire code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the chief to the governing body within 30 days from the date of such decision.
SECTION 9.02.230 Penalties
1. Any person who shall violate any of the provisions of the Uniform Fire Code or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the governing body or by a court of competent jurisdiction within the time fixed herein shall, severally for each and every such violation and non-compliance respectively, be guilty of a class B misdemeanor punishable by a fine of not less than $1000.00 or by imprisonment of not less than 0 days nor more than 180 days or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Al persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.
2. The application of the above penalty shall not be held to prevent the enforced removal of the prohibited condition.
9.03.010 Discharge of Firearms Prohibited
9.03.020 Discharge of Air Guns, Sparrow Guns, Cross Bows, Flippers, BB Guns, Etc. Prohibited
9.03.030 Minors - Use of Firearms, Air Guns Prohibited - Duty of Parents
9.03.040 Minors - Sale to Prohibited
9.03.050 Sale of Firearms to be Recorded - Purchaserer to Register Weapon
SECTION 9.03.010 Discharge of Firearms Prohibited
1. It shall be unlawful for any person, except public officers in the pursuit of their lawful duties, to discharge firearms of any description within the limits of Milford City.
2. This section shall not be construed, however, to prevent the firing of firearms at any rifle or pistol range approved and inspected by the chief of police.
3. This section shall not apply to areas set aside and designated as hunting areas within the city on a map approved by the Mayor, which he may revise from time to time.
SECTION 9.03.020 Discharge of Air Guns, Sparrow Guns, Cross Bows, Flippers, BB Guns, Etc. Prohibited
It shall be unlawful for any person to discharge any air gun, sparrow gun, flipper, BB gun, or any other contrivance of a similar nature which is capable of projecting a missile for a horizontal distance of fifty (50) feet or more, within the limits of Milford City, except upon a place inspected and approved by the chief of police.
SECTION 9.03.030 Minors - Use of Firearms, Air Guns Prohibited - Duty of Parents
It shall be unlawful for any parent or guardian or person having the charge or control of any minor, to allow or permit such minor to use in any place, either private or public, within the city limits, any firearm or air gun.
SECTION 9.03.040 Minors - Sale to Prohibited
It shall be unlawful for any person, firm or corporation to give or to sell or to furnish to any minor under the age of fourteen (14) years, any pistol, gun, target gun or other firearm or air gun.
SECTION 9.03.050 Sale of Firearms to be Recorded - Purchaserer to Register Weapon
1. It shall be unlawful for any firm, business or person who buys or sells more than five (5) guns a year to sell, loan or give away any pistol, revolver, rifle, shotgun or similar weapon, without first making a complete written record containing an account of each and every transaction, which record shall be legible, written in the English language at the time of the transaction and shall set forth the following information:
A. The date, time of day.
B. The name, date of birth, full description of the person, address, city and state (to be printed)
C. An accurate description of the weapon, make, model, barrel length of handguns, serial number and caliber (to be printed).
D. The number of the sales ticket.
2. The seller shall make out in connection with each weapon sold, loaned or given away a separate serially numbered registration slip.
3. Each registration slip shall have three (3) parts; first slip for the police, second to be kept by the firm or business and the third for the person who received the weapon.
4. At time of sale, loan or gift of any weapon, the seller shall require identification having a photograph of the receiver (i.e. driver’s license with photograph attached).
5. All records or register of sales shall be open at all times to the inspection of the chief of police or his representative, and it shall be the duty of any person making such sale, loan or delivery of any such article or thing to deliver to the chief of police or his representative a copy of the register required to be kept, showing the transaction with regard to such articles. Any purchaser of a pistol, revolver, gun or similar weapon must register the same with the police department. (The registration by the purchase will be fulfilled if the weapon is sold or given away by a firm or business and the registration slip is filled out completely).
6. On each registration slip, the seller shall show the firm or business name and also the signature of the salesman. The seller shall also have the receiver or buyer sign the registration slip, along with his or her address, city and state.
7. It shall be unlawful for any person, firm or business hereunder to knowingly sell, loan or give away a weapon or make a transaction with any intoxicated person, person under the influence of drugs, any convicted felon or any insane or incompetent person.
8. A firm, business or the person regulated hereunder is liable for any and all acts of his employees in violation of this chapter.
9.04.010 Governing Body to Provide
9.04.040 Duties of Jailer
9.04.050 Prisoners to Labor on Public Works
9.04.060 Work to be Performed Under the Direction of the Jailer
9.04.070 Time Off for Work Performed
9.04.080 Failure to Perform Work Made Breach of Rules
9.04.090 Time Off for Good Behavior
SECTION 9.04.010 Governing Body to Provide
1. The governing body shall provide for a place of incarceration which shall be the municipal jail.
2. The governing body may contract with any person, county, municipality, or combination thereof for the purpose of providing suitable premises and facilities to be used by the municipality as the municipal jail.
SECTION 9.04.020 Jailer
Until another person is appointed, the chief of police shall be ex officio jailer. The jailer shall:
1. Receive and safely keep all person duly committed to his custody and file and preserve all commitments by which persons are committed.
2. Keep a record of each showing the date of arrest, offense charged, term of commitment, date of release and the name, age and place of birth and description of the person committed in a book kept for that purpose.
SECTION 9.04.030 Rules
The jailer shall formulate a system of prison rules and discipline and keep a record in which shall be entered a statement of every infraction thereof committed by any person confined therein.
SECTION 9.04.040 Duties of Jailer
The jailer shall receive all persons committed to jail by competent authority, and provide them with necessary food, clothing, and bedding. He shall cause the prison to be warmed and lighted, when necessary and to be kept in a sanitary condition. He shall enforce all rules prescribed by the governing body for the government of the prison.
SECTION 9.04.050 Prisoners to Labor on Public Works
Any prisoner committed to jail or other place of incarceration as a punishment or in default of the payment of a fine or fine and costs, arising from a violation of the ordinances of this municipality shall be required to work for the municipality at such labor on public works and ways as his strength will permit, not exceeding eight hours each working day.
SECTION 9.04.060 Work to be Performed Under the Direction of the Jailer
The labor on public works and ways shall be designated by and performed under the direction the jailer, which labor may include, among other things, clerical, janitorial, car washing, common and menial labor performed in and upon any building, road, or property owned or maintained by the municipality. The labor required by this section shall be performed in addition to that labor required by jail regulations to be performed by all prisoners confined in the jail in cleaning and maintaining their cells.
SECTION 9.04.070 Time Off for Work Performed
For each month in which a prisoner confined or committed to jail has actually and satisfactorily performed work as reported and recorded by the officer charge, five days shall be deducted from his period of confinement. The reduction of sentence allowed pursuant to this part shall be in addition to the reduction allowed by section 13-10-2-09, but no prisoner shall be granted a total reduction of sentence under this part in excess of ten days for any single month. Proportionate reductions shall be made for the fractional period of a month included in any sentence.
SECTION 9.04.080 Failure to Perform Work Made Breach of Rules
Failure to perform the specified labor, except when the strength of the prisoner will not permit, shall constitute a breach of the rules of the municipal jail, and no reduction of sentence shall be allowed under Section 9.04.090.
SECTION 9.04.090 Time Off for Good Behavior
1. Every person undergoing sentence for 30 days or more who has not been guilty of a breach of the rules of the prison shall be entitled to a reduction for the period of his sentence as follows: 1) from a term of one month, 5 days; 2) from a term of two months, 10 days; 3) from a term of 3 months, 15 days; 4) from a term of 4 months, 20 days; 5) from a term of 5 months, 25 days; 6) from a term of 6 months, 30 days.
2. Proportionate reductions shall be made for the fractional parts of a month included in any sentence.
9.05.010 False or Fraudulent Advertising Prohibited
9.05.020 Dealers Not Disclosing True Character
9.05.030 Deceptive and Misleading Advertisement
SECTION 9.05.010 False or Fraudulent Advertising Prohibited
It shall be unlawful for any person engaged in business in Milford City with intent to sell or in any wise dispose of merchandise, service, or anything offered by such person directly or indirectly to the public for sale, or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto or an interest therein, to make, publish, disseminate, circulate, or place before the public, or cause directly or indirectly to be made, published, disseminated, circulated or placed before the public in this city in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, or letter, or in any other way, an advertisement of any sort regarding merchandise service, or anything so offered the public, which advertisement contains any assertion, representation or statement of fact which is false or untrue in any respect or which is deceptive or misleading.
SECTION 9.05.020 Dealers Not Disclosing True Character
It shall be deemed deceptive and misleading advertising and unlawful for any person engaged in the business of buying and selling new or secondhand articles or goods, wares and merchandise, or other property, real or personal, or who is engaged in this business or furnishing any kind of service, to advertise by means of “liner ads” in a newspaper, or otherwise, such articles, property or service for sale in a manner indicating that the sale is being made by a householder, or private party not engaged in such business. Every person engaged in any such business shall in advertising such goods, wares or merchandise, property or service for sale either through “liner ads,” or otherwise, affirmatively and clearly indicate the seller is engaged in such business and is not a private party.
SECTION 9.05.030 Deceptive and Misleading Advertisement
It shall be deemed deceptive and misleading advertisement and unlawful for any person in a newspaper or other publication, or in any other manner hereinbefore set out, to offer to the public, for sale or distribution, any merchandise which is second hand or used merchandise, or which is defective in any manner, or which consists of articles or units or parts known as “seconds” or blemished merchandise or which has been rejected by the manufacturer thereof as not first class, unless there be conspicuously displayed in direct connection with the name and description of such merchandise and each specific article, unit or part thereof, an unequivocal statement, phrase, or word which will clearly indicate that such merchandise or each article, unit or part thereof so advertised is second hand, used, defective, or consists of “seconds” or is blemished merchandise, or has been rejected by the manufacturer thereof as not first class, as the fact may be.
9.06.010 Legislative Determination
9.06.020 Noise Measurement Procedures and Definitions
9.06.040 Noise Limit
9.06.060 Use of Policemen at Large Parties or Gatherings Requiring a Second Response
SECTION 9.06.010 Legislative Determination
The municipal council of Milford City hereby finds after extensive investigation and receiving of information from the public and from experts in the field, that the creation of noise within the city is a danger to the general health, safety, welfare and well being of the citizens. Such noises generally may be classified under one of three (3) headings hereafter beginning with the least offensive and proceeding to those which are the most harmful and offensive:
1. Sounds of commerce and industry: In this category are those noises necessarily made by commercial vehicles in process of transporting persons or goods, necessary noises of construction or demolition and other sounds necessarily connected with the carrying on of modern business life. Enforcement agencies of the city are hereby specifically authorized to work with the producers of this type of noise to either eliminate, modify and/or muffle such sounds in a way that will allow progress to continue while minimizing the disturbing effects of the noise. Creating of such noises, when they reach such a stage that they become harmful or disturbing are declared to be a public nuisance and shall be abated. Continued refusal to modify excessive noise is declared to be a misdemeanor.
2. Public disturbance noises: In this category are those noises which because of their intensity, the decibel level, the constancy of the noise or proximity to residences, businesses and generally inhabited areas, create a disturbance to human life and efficiency. Included in this category and typical thereof, though not exclusive of others not so listed, would be the following:
A. inadequately or defectively muffled vehicles, engines and motors;
B. loud machinery and pneumatic apparatus;
C. amplified music or other amplified sounds;
D. miscellaneous noises, including those of animals, machinery, gunfire, etc., when their emission creates a public disturbance, either because of the intensity, or disturbing nature and/or the time of the emission. Noises of these categories are hereby determined to be not only a nuisance which may be abated by the proper authorities in the city, but are unlawful and each occurrence shall constitute a misdemeanor.
3. Intentionally caused noises: In this category are those noises which are caused for the sake of making noise without regard to the comfort, sleep, or general health and welfare of other persons. Production of such noise is unlawful and constitutes a misdemeanor. Typical of this type of noises are the following:
A. improperly muffled vehicle engines, when the same are rapidly accelerated or decelerated, and especially during such hours that they are likely to interfere with the sleep or peaceful calm of residential neighborhoods;
B. utilizing an engine brake without an exhaust muffler sufficient to prevent the creation of excessively loud noises by said vehicle.
C. sounds that are mechanically, pneumatically or electronically produced or amplified, when the same are not enclosed within a building or enclosure which absorbs the sound, so as not to disturb the surrounding area;
D. sounds or music created or amplified within a public building or enclosure with such volume and intensity that the sound produced is actually or potentially dangerous to hearers within the enclosure.
(Ordinance 1-2004, Amended, 01/07/2004; 1-2004, Amended, 01/07/2004)
SECTION 9.06.020 Noise Measurement Procedures and Definitions
1. It is the intent of the City Council to incorporate into the Milford City Code noise portions those standards of measurement herein-after set forth, which will take into account the latest scientific advances in noise measurement and control while at the same time, preserving the common sense and common law determination of what constitutes a disturbance or public nuisance. Therefore, sound level measurements, while universally desirable, shall not be required to demonstrate violation of this chapter if other evidence or testimony establishes the creation of a disturbance or public nuisance.
2. It is the intention that each separate provision of this chapter shall be deemed independent of all other provisions therein, and if any provision of this chapter be declared to be invalid, all other provisions thereof shall remain valid and enforceable.
3. In no event shall the peak intensity of sound exceed a sound level in excess of the following limits, measured in decibels, using, unless otherwise mentioned, the "A" frequency weighting and the "slow" response characteristic of a sound level meter conforming in all respects to the American National Standards Institute (ANSI) standard S 1.4-1071, as revised, for Type 1 or Type 2 instruments.
4. The microphone used to measure the intensity of a noise may be placed at any point on the property line (if the noise source radiates into private property) or at any point fifty (50) feet distance from the noise source being measured and shall be at least five (5) feet from any wall and not less than three (3) feet above the ground. If it is not possible to measure five (5) feet from a wall, five (5) dB variance will be allowed. When measurements are made inside buildings or enclosures, readings may be obtained from any area to which persons may have access. The following limits refer to the largest reading obtained, using the above procedure.
5. When used in this chapter, the terms below shall have the following meanings:
A. "Day" shall be from 7 a.m. to 10 p.m.
B. "Night" shall be from 10 p.m. to 7 am.
C. Reference to "residential/agricultural", "commercial" or "industrial" zones shall conform to the zone designations set forth in the city zoning codes.
D. "Intermittent noise" shall mean a noise with an "on" cycle of ten percent (10%) or less and a maximum continuous duration of six (6) minutes. Example: a motor vehicle passing a fixed location.
E. "Impulse noise" shall mean a noise with an "on" cycle of ten percent (10%) or less and a maximum continuous duration of two (2) seconds. Example: A gunshot.
F. "Emergency work" shall mean work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger.
G. "Person" shall mean a person, firm, association, partnership, joint venture, corp-oration or an entity, public or private in nature.
H. "Motor vehicles" shall include, but not be limited to automobiles, trucks, motor-cycles, snowmobiles, recreational vehicles, minibikes, go-carts, aircraft and motorboats.
I. "Noise" is defined as an undesired or harmful sound.
J. "Noise source" shall mean any instrument or device for amplifying sound, or any thing which produces, reproduces or amplifies sound. The term shall include multiple sources of sound.
(Ordinance 1-2004, Amended, 01/07/2004)
SECTION 9.06.030 Loudspeakers
1. It is an infraction for any person to maintain, operate, connect or suffer to permit to be maintained, operated or connected any calliope or radio apparatus, sound device or any talking machine or loudspeaker attached thereto in such a manner that the loudspeaker or amplifier causes the sound from such radio apparatus or sound device or talking machine to be projected directly therefrom outside of any building, vehicle or out-of-doors, provided that the chief of police may grant a permit to so broadcast any events or happenings or cultural, political, intellectual or religious interest. Every person desiring a permit to so broadcast shall make application, file a statement showing the place where he proposes to broadcast, the times and probable duration, and the nature, topics or titles of said broadcast. Said permit shall not be arbitrarily denied and when an application for a permit is denied, the chief of police shall set forth in writing and with particularity the grounds for so denying the application for a permit.
2. Nothing herein contained shall be construed to prevent the operation of a radio apparatus, sound device, amplifier or talking machine used in a reasonable manner by any person within any building, vehicle or structure even though the sound should therefrom be heard on the outside of such building, vehicle or structure, provided that the said apparatus, sound device, amplifier or talking machine shall not project the sound therefrom directly outside of any building, vehicle or out-of-doors, and provided further that no such apparatus, sound device, amplifier or talking machine is in any way fastened to or connected with any outside wall or window in any building, vehicle or structure so that sound therefrom is projected outside of such walls or window.
(Ordinance 1-2004, Amended, 01/07/2004)
SECTION 9.06.040 Noise Limit
Exceeding the following limits shall constitute violation of this chapter:
1. Continuous and intermittent noises described in 9.06.010(1) shall not exceed:
DISTRICT DAY NIGHT
Residential/agricultural 85 dBA 55 dBA
Commercial 85 dBA 65 dBA
Industrial 85 dBA 85 dBA
2. Continuous noises described in 9.06.010 (2) and 9.06.010(3) shall not exceed:
DISTRICT DAY NIGHT
Residential/agricultural 65 dBA 55 dBA
Commercial 70 dBA 65 dBA
Industrial 75 dBA 75 dBA
3. Intermittent noises described in 9.06.010 (2) and (3) shall not exceed:
DISTRICT DAY NIGHT
Residential/agricultural 70 dBA 60 dBA
Commercial 75 dBA 65 dBA
Industrial 80 dBA 80 dBA
4. Impulse noises described in 9.06.010(1), (2) and (3) shall not exceed the following levels, measured on the "fast" response scale of the sound level meter:
DISTRICT DAY NIGHT
Residential 75 dBA 60 dBA
Commercial 80 dBA 65 dBA
Industrial 85 dBA 85 dBA
5. It shall be unlawful to sustain in any place of public entertainment including, but not limited to, sports arenas, restaurants, bars, cafes, discotheques, or dance halls; any sound level measured with the "slow" response characteristic equal to or in excess of:
A. One hundred five (105) dBA at any time, (if the sound level exceeds one hundred five (105) dBA at any time, a mandatory ten (10) minute sound break at a level below eighty-five (85) dBA will be taken). The restriction contained in this subparagraph is in addition to any other applicable limits stated in this section.
6. Animals and fowl. The keeping of, upon any premises, owned, occupied, or controlled by any person, of any animal or fowl otherwise permitted to be kept which, by any sound or cry, shall cause annoyance or discomfort to a reasonable person of normal sensitivities.
(Ordinance 1-2004, Added, 01/07/2004)
SECTION 9.06.050 Exemptions
1. Sounds created by emergency activities or emergency vehicles; sounds giving warning of emergencies shall be exempt from the provisions of this chapter.
2. Sounds created by parades, carnivals, special public social events, or special construction projects may be exempted from the noise provisions of this chapter. An exemption is granted by a permit from the mayor, which must be in writing and shall describe:
A. the special nature of the exempted event;
B. the dBA limitation (maximum allowed); and
C. the time period for which the exemption is in force.
D. The permit shall be for one event only. The mayor may impose reasonable conditions on the issuance of a permit as necessary to protect the public peace and welfare. The permit may be withdrawn if the provisions thereof are violated.
3. Violation of the noise provisions of this chapter, or of the conditions of an exemption permit shall be a Class C misdemeanor.
(Ordinance 1-2004, Added, 01/07/2004)
SECTION 9.06.060 Use of Policemen at Large Parties or Gatherings Requiring a Second Response
1. When a Public Disturbance, as defined below, occurs the person in charge of the premises and the person responsible for the event, or if either of those persons is a minor, then the parents or guardians of that minor, will be held jointly and severally liable for the cost of providing police personnel on special security assignment over and above the services normally provided by the department. The police personnel utilized during a second response to control a Public Disturbance, shall be deemed to be on special security assignment over and above the services normally provided. The costs of such special security assignment may include minor damages to City property and/or injuries to City personnel. The costs charged will not be in excess of $500 for a single incident. The City reserves its legal options to elect any other legal remedies.
2. A Public Disturbance shall exist when one or more persons:
A. Violate or participate or assist in any conduct which is part of the violation of any law, the Milford City Code or other City ordinance;
B. Participate or assist in any conduct which unreasonably threatens to cause a violation of any law, the Milford City Code or other City ordinance; or,
C. Engage in any non-criminal conduct, which, based on the standard of a reasonable man of normal sensitivity, disturbs or unreasonably threatens to disturb the public peace, health, safety or general welfare of persons in the vicinity of the conduct.
(Ordinance 1-2004, Added, 01/07/2004)
Offenses Regarding Minors
9.07.010 Purchase, Possession Prohibited
9.07.020 Curfew - Minors - Exceptions
9.07.030 Responsibility of Parents, Guardians for Curfew
9.07.040 Truancy for Minors
SECTION 9.07.010 Purchase, Possession Prohibited
1. Any person who maintains in his place of business a tobacco vending machine accessible to persons under the age of 19 or provides any method of self-help for the disposition to persons under the age of 19 by gift, sale or otherwise of any cigarette or cigarette paper or wrapper or any paper made or prepared for the purpose of making cigarettes or tobacco in any form whatsoever is guilty of a class C misdemeanor. Cigarette vending machines shall be deemed accessible to persons under the age of 19 except:
2. Where they are in locations where persons under the age of 19 are prohibited.
3. Where the machine can be operated only by the owner or his employee, either directly or through a remote control device which is inaccessible to the customer and must be operated for each sale.
4. In private industrial locations where only adult employees are customarily allowed, provided such locations are inaccessible to persons under the age of 19.
5. In adult-private clubs, provided that such locations are inaccessible to persons under the age of 19.
SECTION 9.07.020 Curfew - Minors - Exceptions
No person under the age of 15 years or younger shall be or remain upon any of the streets, alleys or public places or vacant lots at night between the hours of 10:00 p.m. and 6:00 a.m. and young adults 16 and 17 between the hours of 12:00 a.m. and 6:00 a.m. unless such person is accompanied by a parent, guardian or other person having legal custody of such minor person, unless the employment or lawful business of such minor makes it necessary to be upon the streets, alleys or public places between such specified hours, in which event such minor person shall obtain a permit from the chief of police to be upon the streets, alleys or public places during such hours. On any night when school, civic or church functions are taking place, the hours of curfew shall be one half hour following such function, in order to provide adequate time to attend and return home. Where a permit is required from the chief of police under this section, such permit shall be kept upon the person and it shall be unlawful to be upon the street, alley or public place within such curfew hours without such permit.
SECTION 9.07.030 Responsibility of Parents, Guardians for Curfew
No parent, guardian or other person having legal charge or custody of any person under 18 years of age shall allow or permit any such person or child, ward or other person under such age, while in such legal custody, to go or be in or upon any of the streets, alleys, or public places when such going or being in or upon such streets, alleys or public places would be a violation by such minor person of any provision of Section 9.07.020.
SECTION 9.07.040 Truancy for Minors
A. “Compulsory school age minor” means a person between six and eighteen years of age that is not exempted and must be attending a public or regularly established private school during the school year of the district in which the minor resides pursuant to Utah Compulsory Education Requirements, Utah Code Ann. 53A-11-101 to 106.
B. “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to a fire, natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
C. “Establishment” means any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
D. “Guardian” means:
1. a person who, under court order, is the guardian of the person of a minor, or
2. a public or private agency with whom a minor has been placed by a court.
E. “Open Campus” means when a compulsory school age minor is allowed by school officials to leave school for lunch purposes.
F. “Operator” means any individual, firm, association, partnership or corporation operation, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officer of a corporation.
G. “Parent” means a person who is:
1. a natural parent, adoptive parent, or step-parent of another person; or
2. at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
H. “Public Place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to streets, highways, and the common area of schools, hospitals, apartment houses, office buildings, public property and shops.
I. “Remain” means to:
1. Linger or stay or
2. Fail to leave premises when requested to do so by the police officer or the owner, operator or other person in control of the premises.
J. “Serious bodily injury” means bodily injury that creates an substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
K. “Truancy hours” mean those hours in which a compulsory school age youth should be attending school in the district or jurisdiction in which the student attends school.
A. A compulsory school age minor commits an offense if he remains in any public place or on the premises of any establishment within a city during truancy hours.
B. A parent or guardian of a minor commits an offense if the parent or guardian knowingly permits, or by insufficient control allow a compulsory school age minor to remain in any public place or on the premises of the establishment during truancy hours.
C. The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a compulsory school age minor to remain upon the premises of the establishment during truancy hours.
3. Defenses. It is a defense to prosecute under Subsection 2 that the minor was
A. Accompanied by the minor’s parent or guardian
B. On an errand at the discretion of the minor’s parent or guardian without any detour or stop.
C. In a motor vehicle involved in interstate or intrastate travel with permission of the minor’s parent or guardian.
D. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop.
E. Involved in an emergency
F. Following school policy regarding open campus for lunch.
G. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from without any detour or stop and official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor.
H. Exercising First Amendment rights protected by the United States Constitution such as the free exercise of religion, freedom of speech and the right of assembly; or
I. Married or had been married or had disabilities of minority removed in accordance with State law.
J. It is a defense to prosecution under Subsection 2c that the owner, operator, or employee of an establishment promptly notified the police department that a “compulsory school age minor was present on the premises of the establishment during truancy hours and the minor refused to leave.
4. Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances no defense in Subsection is present.
5. Penalties. A person who violates a provision of this section is guilty of a Class C Misdemeanor and a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction is punishable by a fine not to exceed $750.00
(Ord. Ordinance 7-2001, Amended, 05/03/2001)
Poolrooms, Billiard Halls and Bowling Alleys
9.09.010 Presence of Minor During Certain Hours Prohibited
9.09.020 Allowing Minors in Alcoholic Serving Establishments Prohibited
9.09.030 Misrepresentation of Age by Minor
9.09.040 Effect of Chapter
9.09.050 Closing Hours
SECTION 9.09.010 Presence of Minor During Certain Hours Prohibited
It shall be unlawful for any owner, proprietor manager, agent or person in charge of any poolroom, billiard hall, pin alley, table or ball alley, or bowling alley, to permit or allow any minor under the age of fifteen years between the hours of 10:00 p.m. and 6:00 a.m. and young adults 16 and 17 between the hours of 12:00 a.m. and 6:00 a.m. to remain inside of any poolroom, billiard hall, pin alley, table or ball alley, or bowling alley unless accompanied by an adult having the care and custody of the minor.
SECTION 9.09.020 Allowing Minors in Alcoholic Serving Establishments Prohibited
It shall be unlawful for any owner, proprietor or person in charge of any poolroom, billiard hall, pin alley, table or ball alley, or bowling alley, wherein beer is served, or wherein such premises are licensed to serve set-ups pursuant to state law, to permit or allow any minor under the age of twenty-one (21) years to enter, be or remain inside of any such poolroom, billiard hall, pin alley, table or ball alley, or bowling alley.
1. It is unlawful for any person to operate any pool or billiard hall in this municipality if beer as defined in this code is kept, sold or consumed without first making a regulation and enforcing the same, keeping posted in a conspicuous place the terms of such regulation, which shall read, "No person under 21 years of age permitted in these premises."
2. It is unlawful for any person in charge of or employed in such pool or billiard hall to permit any person under the age of 21 years of age to enter upon or remain in any such premises of for any person under the age of 21 years to enter upon or remain in said premises for any purpose.
3. Pool or billiard halls may be kept open to minors where no beer as defined in this code is kept or consumed or sold.
SECTION 9.09.030 Misrepresentation of Age by Minor
It shall be unlawful for any minor under the age of sixteen (16) years to enter, be, or remain inside any poolroom, billiard hall, pin alley, table or ball alley, or bowling alley, or to misrepresent his age in order to gain admission thereto during any of the hours expressly prohibited herein. It shall be unlawful for any minor under the age of twenty-one (21) years to enter, be or remain inside any poolroom, billiard hall, pin alley, table or ball alley, or bowling alley wherein beer is served or wherein such premises are licensed to serve set-ups pursuant to state law, or to misrepresent his age in order to gain admission hereto.
SECTION 9.09.040 Effect of Chapter
This chapter shall not relieve the owner, proprietor, manager, agent or person in charge of any poolroom, billiard hall, pin alley, table or ball alley, or bowling alley from complying with all other ordinances, licenses and legal requirements necessary for the carrying on of any activities normal to such establishments or any other activities on said premises. This chapter does not eliminate or negate any other Milford City ordinances or state requirements other than expressly stated herein.
SECTION 9.09.050 Closing Hours
All poolroom, billiard hall, pin alley, table or ball alley, or bowling alley shall close their doors at 1 a.m. and discontinue business on the premises between the hours of 1:30 a.m. and 4:00 a.m. The chief of police shall have the discretion to grant special permission for running of adult leagues or special events at hours later than those above provided. Written permission from the chief of police must be obtained for each such adult league or special event at least forty-eight (48) hours prior to the commencement thereof.
Lewdness, Profanity, Nudity, Obscenity and Pornography
9.11.010 Unlawful Acts
9.11.030 Saving Clause
9.11.040 Separate Offenses
SECTION 9.11.010 Unlawful Acts
The following acts are hereby declared to be unlawful if done in any public place:
1. The use of abusive, menacing, insulting, slanderous or profane language; or the uttering of obscenities.
2. For any person to willfully participate in any patently offensive act, representation or description of ultimate sexual acts, whether normal or perverted, actual or simulated.
3. To knowingly or willfully bathe in the nude in public or in such a manner that the nude body is exposed to the view of other persons.
4. To willfully participate in or allow patently offensive acts, representations or descriptions of excretory functions and/or lewd exhibition of the genitals.
5. To expose his private parts or go nude, or topless (if female) or bottomless in any public place or to procure, counsel, or assist any other person to so expose themselves.
6. To urinate or stool in a public place (except public restrooms) or in any place exposed to public view or to procure, counsel, or aid any other person to so do.
7. To posses, import, write, compose, stereotype, print, design, copy, draw, paint, or otherwise prepare, publish, offer for sale, display, exhibit by machine or otherwise or distribute or furnish any writing, paper, book, picture, magazine, pamphlet
SECTION 9.11.020 Definitions
As used in this chapter, the following words will have the following meanings, unless the context requires otherwise:
1. “Willfully” shall mean simply a purpose or willingness to commit the act or to omit an act referred to herein.
2. “Knowingly” shall mean to have actual or constructive knowledge of the contents of the subject matter. A person has constructive knowledge if a reasonable inspection under the circumstances would have disclosed the nature of the subject matter and if the failure to inspect is for the purpose of avoiding such disclosure. Knowledge of the obscene nature of material shall be presumed when a person fails to inspect materials after receiving a complaint as to the obscene nature thereof.
3. “Advertising purposes” shall mean purposes of propagandizing in connection with the commercial sale of a product or type of product, the commercial offering of a service or the commercial exhibition of an entertainment.
4. “Display publicly” shall mean the exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private an item in a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public thoroughfare, depot or vehicle.
5. “Person” shall not be limited to individuals only but shall include public and private corporations, firms, joint-associations, partnerships and the like. The word “person” as used herein, shall apply to a natural person and shall apply equally to the male and female genders.
6. “Furnishes” shall mean to sell, give, rent, loan or otherwise provide.
7. “Nude” or “Nudity” means uncovered, or less than opaquely covered buttocks, human genitals, pubic areas, the human female breasts below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state or in a condition of sexual excitement. For purposes of this definition, a female breast is considered uncovered if the nipple and the areola only are covered.
8. “Obscene Performance” means a play, motion picture, dance, show or other presentation, whether pictured, animated or live, performed before an audience and which in whole or in part depicts or reveals nudity as part of explicit sexual conduct or sado-masochistic abuse, or which includes explicit verbal description or narrative accounts of obscene sexual conduct.
9. “Obscenities” means those slang words currently and generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily sexual or excretory meaning.
10. “Sado-masochistic abuse” mean flaggellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
11. “Distribute” means to transfer possession of or permit to be viewed, heard or examined, with or without consideration.
12. “Sexual conduct” means human masturbation, sexual intercourse, or any touching of the covered or uncovered genitals, human female breast, pubic areas or buttocks of the human male or female, whether alone or between members of the same or opposite sex or between human and animals, in an act of apparent sexual stimulation or gratification, which term shall include, but not limited to fellation, cunnilingus, pederasty, and bestiality.
13. “Sexual excitement” means the condition of human male or female genitals or the beasts of the female when in a state of sexual stimulation, or the sensual experience of humans engaging in or witnessing sexual conduct or nudity.
14. “Obscene” shall mean an act, depiction, representation, description, obscene performance, or any other item, material or conduct in this chapter described, whether actual or simulated in form which:
A. Taken as a whole, the average person would find appeals to the prurient interest when applying contemporary community standards.
B. It is presented in a patently offensive way by going substantially beyond customary limits of candor in description or representation of the aforesaid matters in the community; and
C. Taken as a whole, lacks serious literary, artistic, political or scientific value.
15. “Prurient interest” shall mean a shameful or morbid interest in nudity, sex or excretion.
16. “Public place” a place accessible or visible to members of the public or to casual passersby; or any place where a fee or charge is made for entrance or membership.
17. “Pandering” catering to the lust or gratification of lust of another.
SECTION 9.11.030 Saving Clause
In the event any word, sentence, paragraph or section of this chapter shall be found to be unconstitutional, it shall not effect the constitutionality or enforceability of the remainder of this chapter which is not specifically found unconstitutional.
SECTION 9.11.040 Separate Offenses
Each separate act or occurrence which is prohibited under this chapter shall constitute a separate offense and shall separately be treated as a misdemeanor under the Milford City Code.
Unlawful Sex Acts
9.12.010 Unlawful Sex Acts
9.12.020 Soliciting for Immoral Purpose
9.12.040 Abusive Language
9.12.050 Insulting a Person of the Opposite Sex
9.12.060 Operation of House of Prostitution, Bawdy House, Etc.
9.12.070 Sex Acts for Hire in Massage Parlors
SECTION 9.12.010 Unlawful Sex Acts
It shall be unlawful for any person, in public or in a public place, to exhibit or expose his or her genitals, or to engage in, or to solicit another to engage in, any unlawful sexual conduct.
SECTION 9.12.020 Soliciting for Immoral Purpose
It shall be unlawful for any person to offer or agree to a sex act fore hire or to endeavor to play the vocation of prostitute, gigolo, or pimp or to endeavor by sign, gesture or action to induce or prevail upon any person to enter any house or room occupied by a prostitute, gigolo or pimp or make any bold or meretricious display of himself or herself either upon the public streets or in any public place or at any window or doorway or at any house or room so occupied by her or him in view of any public street or place or area generally frequented by the public to induce or prevail upon any other person to enter the premises for the purpose of committing an act of sex for hire.
SECTION 9.12.030 Pandering
It shall be unlawful for any person to run a house of prostitution or to act as a pimp or go-between for person engaged in sex for hire practices or to solicit any person within the limits of Milford City for sexual intercourse for hire or to hold out any other person for that purpose or to engage in any other lewd, lascivious or obscene purpose.
SECTION 9.12.040 Abusive Language
It shall be unlawful for any person to use abusive, menacing, insulting, slanderous, profane or lewd language within the limits of Milford City.
SECTION 9.12.050 Insulting a Person of the Opposite Sex
1. Every male person who rudely or improperly follows, pursues, lays hands on, molests, insults or insolently or offensively speaks to or addresses any female person in any street, public place or place frequented generally by the public in guilty of a misdemeanor.
2. Every female person who rudely or improperly follows, pursues, lays hands on, molests, insults or insolently or offensively speaks to or addresses any male person in any street or public place or a place frequented generally the public in this city is guilty of a misdemeanor.
SECTION 9.12.060 Operation of House of Prostitution, Bawdy House, Etc.
It shall be unlawful for any person to operate a house of prostitution, a bawdy house or to be in charge of or present in any house wherein prostitution, homosexuality, or any other sex acts are performed for hire. It shall likewise be unlawful for any person to induce another person to enter such a place for said unlawful purposes.
SECTION 9.12.070 Sex Acts for Hire in Massage Parlors
It shall be unlawful for any person to own, operate or work in any premises operated under the guise of a massage parlor, masseur, or other similar business wherein sex acts for hire are permitted or allowed to take place.
Transportation, Streets and Public Ways
9.15.010 Department - Superintendent of Streets
9.15.020 Powers and Duties of Street Department
9.15.030 Power to Close Streets Due to Dangerous Conditions
9.15.040 Adoption of Uniform Traffic Code
9.15.050 Definitions Contained in Code
9.15.060 Prima Facie Speed - Designated Streets
9.15.070 Angle Parking
9.15.080 Through Streets Designated
9.15.090 Authority to Erect Stop or Yield Signs
SECTION 9.15.010 Department - Superintendent of Streets
1. There is hereby created department of streets which shall have general supervision of streets, sidewalks, bridges, and other public ways.
2. The department shall be under the direction and control of the superintendent of streets.
SECTION 9.15.020 Powers and Duties of Street Department
The department shall:
1. Have charge of the construction, maintenance and repair of streets, sidewalks, bridges, curbs, gutters, culverts, drains, waterways and other public ways. It shall have control of all waters flowing on the streets, sidewalks and public ways whether originating from storm, flood, drainage or irrigation waters.
2. Keep a record of and promptly investigate all complaints of defective streets, culverts, drains, ditches, sidewalks, and other public ways and, when proper, repair, replace or take such action as deemed best, and shall record the action taken on each complaint.
3. Enforce the provisions of this chapter 9-15 and all other ordinances relating to the maintenance and use of streets, culverts, drains, ditches, waterways, curbs, gutters, sidewalks and other public ways.
4. Repair, or cause to be repaired, all defects coming to the department's attention and take responsible precautions to protect the public from injuries due to such defects pending their repair.
SECTION 9.15.030 Power to Close Streets Due to Dangerous Conditions
1. The superintendent of streets or chief of police shall have the power to close any city street or alley to any vehicle when such street or alley has become dangerous for highway or pedestrian traffic due to ice, snow, flooding or other condition which in the opinion of the superintendent of streets or chief of police is unable to be corrected during the period of closure to an acceptable level of safety for highway or pedestrian traffic.
2. The superintendent of streets or chief of police shall place sufficient barricades and notices at all intersections of the closed street and alley to inform the public of the action to close the street or alley.
3. It shall be a class B misdemeanor, to move, damage, destroy or deface any barricade or notice closing a city street or alley or to operate a vehicle on a city street or alley that has been temporarily closed by the superintendent of streets or chief of police unless such vehicle is operated by a person who resides at a residence located adjacent to such closed street or alley. Such resident shall operate their vehicle on a closed street or alley at their own risk.
SECTION 9.15.040 Adoption of Uniform Traffic Code
The Utah Traffic Code - Rules of the Road, as compiled, prepared and published as a code in book form by the Utah Department of Public Safety three copies of which has been filed for use and examination by the public in the office of the Recorder, hereby is approved and adopted as the traffic code for this municipality except as such code may be altered or modified by the ordinances of this municipality.
SECTION 9.15.050 Definitions Contained in Code
Unless the context otherwise requires, all references in the traffic code to:
1. The State Road Commission or State Department of Transportation shall mean this municipality and its officers, departments, agencies and agents.
2. Local Authorities shall mean the governing body of this municipality.
3. The Department of Public Safety of the State of Utah shall mean the chief of police of this municipality or his agent.
4. Magistrate shall mean the justice of the peace or judge of this municipality.
SECTION 9.15.060 Prima Facie Speed - Designated Streets
1. Unless otherwise provided in this part or in any other ordinance of this municipality, the prima facie speed limits on the streets of this municipality shall be 25 miles per hour.
SECTION 9.15.070 Angle Parking
Angle parking shall be permitted upon the streets or parts of streets only if approved by the governing body.
SECTION 9.15.080 Through Streets Designated
Those streets and parts of streets described in the General Plan are hereby declared to be through streets.
SECTION 9.15.090 Authority to Erect Stop or Yield Signs
Whenever any ordinance of this municipality designates and describes a through street, it shall be the duty of the chief law enforcement officer or the superintendent of streets to place and maintain a stop sign or, where safety and efficiency require at any intersection, a yield sign on each and every street intersecting such through street unless traffic at such intersection is controlled at all time by traffic control signals. However, at the intersection of two through streets or at the intersection of a through street and a heavily traveled street, stop signs shall be erected at approaches to either streets as determined by the chief law enforcement officer on the basis of an engineering and traffic study.
SECTION 9.15.150 Penalties
Any person violating, causing or permitting violation of any provisions of this part shall be guilty of a misdemeanor. Notwithstanding other language or provisions in the "Utah Traffic Code - Rules of the Road, hereby adopted. Any violator of this part, upon conviction, shall be guilty of a Class B misdemeanor.
Sidewalks - Removal of Debris, Snow or Ice
9.16.010 Removal of Snow
SECTION 9.16.010 Removal of Snow
1. It shall be unlawful for the owner, occupant, lessor, or agent of any property, abutting on a paved sidewalk to fail to remove, or have removed from such paved sidewalk, all hail, snow, or sleet thereon within a reasonable time after such snow, hail, or sleet has fallen. In the case of a storm between the hours of 5 p.m. and 6 a.m. such sidewalk shall be cleaned before 9 a.m. of the same day.
2. It shall be unlawful for any person removing snow from the sidewalk, to deposit snow, dirt, leaves, or any other material in the gutter so as to clog or prevent the free flow of water therein.
(2, Amended, 12/20/2002, Copied from other ordinance; Ord. 4-2001, Amended, 01/18/2001; 1, Amended, 01/18/2001, Mistake Made Ordinance not adopted)
Animals on Streets
9.17.015 Driving Animals on Streets
SECTION 9.17.015 Driving Animals on Streets
1. Every person who drives any heard of sheep or band of horse, cattle or other animals upon any public street or highway without first obtaining a permit from the chief of police to do so is guilty of an infraction.
2. No person shall drive livestock through this municipality upon streets not designated for that purpose except upon permission and according to the direction of the chief of police.
9.19.010 Parking or Blocking Streets or Highways
9.19.030 No Parking
9.19.040 Unlawful Parking
9.19.041 Parking Heavy Equipment in Residential Zones
SECTION 9.19.010 Parking or Blocking Streets or Highways
In addition to the parking provisions contained in the Utah Traffic Code, as adopted by this municipality, it shall be a class B misdemeanor for any person to:
1. Remain Parked, standing, lying or sitting on any sidewalk, street or highway in such a manner as to obstruct the free passage of vehicular or pedestrian traffic thereon.
2. Willfully remain Parked, standing, lying or sitting on any sidewalk, street, or highway in such a manner for more than one minute after being requested to move by any police officer.
3. Willfully remain on such sidewalk, street or highway in such a manner as to obstruct the free passage of any person or vehicle into or out of any property abutting upon the sidewalk, street or highway or any property having access to such sidewalk, street or highway.
(Ord. Ordinance 3-2001, Amended, 01/18/2001)
SECTION 9.19.020 Signs
The governing body may authorize or direct any person employed by the municipality to erect or install any sign or traffic control device required to enforce the provisions of this part.
SECTION 9.19.030 No Parking
It shall be a class B misdemeanor to park or leave standing at any time a motor vehicle, as defined in the "Utah Traffic Code - Rules of the Road, as adopted by this municipality, except when necessary to avoid interference with other traffic or in compliance with the directions of a policeman or traffic control device.
SECTION 9.19.040 Unlawful Parking
1. Parking at curb. No motor vehicle shall be parked with the left side of the vehicle next to the curb, except on one way streets. It shall be unlawful to stand or park any motor vehicle in a street other than parallel with the curb and with the two right wheels of the vehicle within twelve inches of the regularly established curb line except on those streets which have been marked for angle parking; then vehicles shall be parked at the angle to the curb indicated by such marks.
2. Vehicles for sale. It shall be unlawful to park any vehicle on any street for the purpose of displaying it for sale, or to park any vehicle from which merchandise is peddled on any business street.
3. Loading Zone. When so posted, it shall be unlawful for the driver of a passenger vehicle to stand or park such vehicle for a period of time longer than is permitted by the posted sign for the loading or unloading of passengers, or for the driver to stand or park any freight carrying motor vehicle for a period of time longer than is necessary to load, unload and deliver materials in any place designated as a loading zone and marked as such.
4. Parking Prohibited. It shall be unlawful for any person, except physicians on emergency calls or designated emergency vehicles when properly posted, to park any motor vehicle on any street in violation of the posted restrictions.
5. Alleys. No person shall park a motor vehicle within an alley in such manner or under such conditions as to leave less than ten feet of the width of the roadway available for the free movement of vehicular traffic. No person shall stop, stand, or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property.
6. Cab Stands, Bus Stands. No motor vehicle other than a licensed taxicab shall be parked in any area designated by ordinance as a taxicab stand and no vehicle other than a bus shall be parked in a place so designated as a bus loading zone.
7. Parking Prohibited. It shall be an infraction for any person to park or leave standing on any public road, street, alley or municipal property any travel trailer, trailer to carry recreational vehicles, commercial tractor/trailer, other trailers or non-operable motor vehicle for 48 or more consecutive hours, and any vehicle so parked or left standing may be impounded or removed by the chief of police. For purposes of impoundment or removal, the chief of police may impound and remove any travel trailer, trailer to carry recreational vehicles, commercial truck/trailer or non-operable motor vehicle which appears to have remained unmoved for 48 consecutive hours. The cost of impoundment and removal shall be charged to the owner or any person who claims the impounded travel trailer, trailer to carry recreational vehicles, commercial tractor/trailer, other trailers or non-operable motor vehicle.
8. Double Parking. Double parking in traffic lanes by motor vehicles for any reason except emergency is prohibited and will be liable for a fine of $25.00.
9. It is unlawful for any person who owns or has possession, custody or control of any vehicle to park or knowingly allow to be parked any vehicle or trailer on any street:
A. for a period longer than that allowed by appropriate signs, markings or parking meters giving notice of such parking time limitation.
B. In any area in which parking upon a public street is divided into marked parking spaces, it is unlawful to park a vehicle other than within a single marked space.
C. It is unlawful to park or place a motor vehicle, vehicle, trailer, object, structure, sign or other thing, except vegetation, utility poles and facilities, fire hydrants, or mailboxes between the curb line and the sidewalk. Any such thing parked thereon may be summarily removed by the City.
D. It is unlawful to park in any parking lot or on other property owned by the City any car, truck, motorcycle, motor home, trailer, boat or other vehicle of any description for the purpose of advertising or of selling that vehicle.
E. It is unlawful to park in violation of marked parking restrictions, including but not limited to red fire lanes.
F. It is unlawful to park commercial trucks, trailers, tractors or other vehicles greater than 20,000 pounds in weight in any areas of the City which are zoned as residential, except when making actual deliveries or doing work at the site where parked.
10. Parking in violation of this section is hereby declared to be a public nuisance, and may be removed summarily by the City by towing, and may be prosecuted criminally and/or civilly.
SECTION 9.19.041 Parking Heavy Equipment in Residential Zones
It is unlawful to park or allow to stand, or any owner thereof to knowingly allow to be parked or to stand, any motor vehicle having a total gross weight of 50,000 pounds, whether loaded or unloaded, or having a total length in excess of 24 feet from the most forward point of the vehicle or its load to the most rear point of said vehicle or its load, upon the street in a residential zone. The length or weight of a trailer connected or attached to or in tandem with shall be combined with the weight or length or the motor vehicle to compute the total gross weight or length of such vehicle.
Construction, Maintenance and Repair of Streets and Sidewalk
9.35.010 Construction by Persons
9.35.020 Permit Required - Supervision
9.35.030 Construction of Driveways or Changes of Construction
9.35.040 Building Materials in Street - Permit
9.35.050 Placing or Mixing Sand or Gravel on Paved Street or Sidewalk
9.35.060 Overflowing of Water on Public Property
9.35.070 Irrigation Ditches Across Sidewalks
9.35.080 Removal of Snow
9.35.090 Placing Trash or Other Obstruction in Streets, Gutters, Sidewalks
9.35.100 Openings in Street
9.35.110 Doors Opening into Streets
9.35.120 Discharge of Water on Street
9.35.130 Crossing at Intersections
9.35.140 Business to Keep Sidewalks Clean
9.35.150 Placing Goods on Sidewalks for Sale or Show
9.35.160 Placing Goods on Sidewalks for Receipt or Delivery
9.35.170 Playing on Sidewalks
9.35.180 Congregating on Sidewalks
SECTION 9.35.010 Construction by Persons
It shall be unlawful for any person either as owner, agent, servant, contractor or employee to construct a street or sidewalk which does not conform to specification established by the municipal engineer or other authorized representative of the municipality, unless special permission to deviate from such specification is first obtained from the governing body.
SECTION 9.35.020 Permit Required - Supervision
1. No person, either as owner, agent, servant, contractor, or employee, shall construct any permanent sidewalk without first obtaining from the Recorder/clerk a permit so to do. The permit shall specify that the sidewalk to be constructed of cement, the character and quality of the cement, the consistent parts of the mixture, and the thickness of the walk.
2. It shall be unlawful to construct a sidewalk in violation of the specifications given by proper municipal official.
3. All sidewalks shall be constructed under the inspection of the superintendent of streets or his duly authorized representative.
SECTION 9.35.030 Construction of Driveways or Changes of Construction
It shall be unlawful for any person to construct a driveway across a sidewalk, or cut or change the construction of sidewalk, curb, or gutter without first making written application and obtaining from the Recorder/clerk a permit to do so. The acceptance of such permit shall be deemed an agreement of the part of such person to construct said driveway in accordance with specification furnished by the municipality.
SECTION 9.35.040 Building Materials in Street - Permit
It shall be unlawful for any person to occupy or use any portion of the public streets when erecting or repairing any building upon land abutting thereon, without first making application to and receiving from the governing body a permit for the occupation or use of such portions of streets for such periods of time and under such limitations and restrictions as may be required by the governing body. Any such permit may be revoked by the governing body at any time when the holder thereof fails to comply with any rule or regulation under which it is granted, or when, in the opinion of the governing body, the public interest requires such revocation.
SECTION 9.35.050 Placing or Mixing Sand or Gravel on Paved Street or Sidewalk
Unless a permit from the superintendent has been obtained, it shall be unlawful to:
1. Place or pile, or permit to be placed or piled, any sand, gravel, lime, cement, mortar, plaster, concrete or any like substance or mixture, or allow the same to remain on any portion of any paved street or sidewalk.
2. Make or mix or permit to be made any mortar, plaster, concrete or any like substance or mixture on any portion of any paved street or sidewalk.
SECTION 9.35.060 Overflowing of Water on Public Property
It shall be unlawful for any person to allow water to overflow from any ditch, canal, well, or irrigation stream onto the streets, sidewalks or property of the municipality.
SECTION 9.35.070 Irrigation Ditches Across Sidewalks
All owners or occupants of lots in this municipality who require water from a main ditch for irrigation or other purposes shall dig ditches, erect flumes, lay pipes and install culverts, as needed, and maintain the same to convey water under sidewalks to or from their respective lots. All culverts, ditches, pipes and flumes conveying water under sidewalks shall meet such reasonable standards and specifications as may be established by the superintendent of streets.
SECTION 9.35.080 Removal of Snow
1. It shall be unlawful for the owner, occupant, lessor, or agent of any property, abutting on a paved sidewalk to fail to remove, or have removed from such paved sidewalk, all hail, snow, or sleet thereon within a reasonable time after such snow, hail, or sleet has fallen. In the case of a storm between the hours of 5 p.m. and 6 a.m. such sidewalk shall be cleaned before 9 a.m. of the same day.
2. It shall be unlawful for any person removing snow from the sidewalk, to deposit snow, dirt, leaves, or any other material in the gutter so as to clog or prevent the free flow of water therein.
SECTION 9.35.090 Placing Trash or Other Obstruction in Streets, Gutters, Sidewalks
It shall be unlawful for any person owning, occupying or having control of any premises to place, or permit to be placed upon or in the sidewalk, parking area, gutter, or on the half of the street next to such premise:
1. Any broken ware, glass, filth, rubbish, sweepings, refuse matter, ice, snow, water, garbage, ashes, tin cans or other like substances.
2. Any wagons, lumber, wood boxes, fencing, building material, dead trees, tree stumps, merchandise or other thing which shall obstruct such public street, gutter, parking area or sidewalk, or any part thereof, except as expressly authorized by ordinance, without the permission of the governing body first had and obtained.
3. Any permanent or temporary structure, mechanism, device, vehicle, or other thing of any kind or character except trees planted pursuant to the provisions of applicable ordinance.
SECTION 9.35.100 Openings in Street
1. It shall be unlawful for the owner or occupant of any building having a cellar which opens up into any street or sidewalk to fail to keep the door or other covering in good repair and safe for the passage of the customary traffic on the street or sidewalk. If the owner or occupant of any such building shall neglect or refuse to repair properly any such door or covering within 24 hours after notice for the superintendent of streets to do so, the superintendent shall forthwith cause such repairs to be made at the expense of the owner or occupant.
2. It shall be unlawful to construct or maintain coal holes or other openings in street or sidewalks, except with the special permission of the governing body, and under the direction and supervision of the superintendent of streets.
SECTION 9.35.110 Doors Opening into Streets
It shall be unlawful for any person, firm, or corporation owning or having the control or management of any alley, road, or passageway to construct or hang gates or doors to such alley, road or passageway so that the gates or doors thereto, when open, shall project outwardly more than two feet over or upon the sidewalk or beyond the property line.
SECTION 9.35.120 Discharge of Water on Street
It shall be unlawful for any person owning, occupying, or having control of any premise to fail, refuse or neglect to prevent 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 upon the surface of any sidewalk.
SECTION 9.35.130 Crossing at Intersections
It shall be unlawful for any person to drive or park a self-propelled vehicle or lead, drive, or ride any animal upon any sidewalk except across a sidewalk at established crossings.
SECTION 9.35.140 Business to Keep Sidewalks Clean
It shall be unlawful for any owners or occupants of any place of business to refuse, neglect or fail to cause the sidewalk abutting thereon to be swept or cleaned each morning before the hour of 10 a.m.
SECTION 9.35.150 Placing Goods on Sidewalks for Sale or Show
No goods, wares, or merchandise shall be placed, maintained or permitted for sale or show in or on any parking area, street, or sidewalk beyond two feet from the front line of the lot, without first obtaining the written approval of the governing body. Such approval shall be granted only when such sale or show shall be a promotional activity not exceeding 48 hours and when participated in by a majority of firms seeking approval in their business areas. The governing body's written approval shall specifically provide that no goods, wares, or merchandise shall be placed in such a manner as to leave less than a six-foot passageway for pedestrians.
SECTION 9.35.160 Placing Goods on Sidewalks for Receipt or Delivery
It shall be unlawful for any person to place, or suffer to be placed or kept upon any sidewalk, any goods, wares or merchandise which he may be receiving or delivering, without leaving a foot passageway upon such sidewalk. It shall be unlawful for any person receiving or delivering such goods, wares or merchandise to suffer the same to be or remain on such sidewalk for a longer period than four hours.
SECTION 9.35.170 Playing on Sidewalks
Every person who obstructs the sidewalk or street by playing any game or engaging in any activity which obstructs the free travel thereon is guilty of an infraction.
SECTION 9.35.180 Congregating on Sidewalks
It is an infraction for any person or persons to congregate about or upon any sidewalks, stairway, doorway, window or in front of any business or dwelling house, theater, lecture room, church or elsewhere and by so doing to obstruct or interfere with the free passage of persons entering, leaving or occupying such building or premises.
9.36.014 Permit Franchise Required
9.36.020 Excluded Excavations
9.36.030 Subject Excavations
9.36.060 Restoration of Surfaces
9.36.070 Restoring Bituminous
9.36.080 Concrete Surfaces
9.36.090 Concrete Base, Bituminous Wearing Surfaces
9.36.100 Gravel Surfaces
9.36.113 Protection of Public During Excavation Project
9.36.114 Relocation and Protection of Utilities
9.36.120 Jetting Pipe
9.36.130 Inspection and Acceptance
SECTION 9.36.014 Permit Franchise Required
1. No person shall make an excavation in any street, lane, or alley, or remove any pavement or other material from any street or improvement thereon without first obtaining a Milford City Breaking and Trenching Permit (Form Number 37) from the Recorder/Clerk after approval from the superintendent of streets or other authorized representative of the municipality. Any public utility regulated by the State of Utah or holding a franchise from the municipality which in the pursuit of its calling has frequent occasion to open or make excavations in street, may, upon application, receive a general permit from the municipality to cover all excavations such utilities may make within the streets of the municipality. All permits shall be subject to revocation and the municipality may refuse to issue a permit for failure of the permittee or applicant to abide by the terms and conditions of this part. Excavation permits will not be requested prior to excavation in case of emergency endangering life or property, providing the municipality is notified as soon as practicable and a permit is applied for upon the next working day following the emergency.
2. No person shall excavate any sidewalk without first obtaining a permit from the Recorder/Clerk after approval from the superintendent of streets or other authorized representative of the municipality.
3. No person shall excavate in any public utility easement without first obtaining a permit from the Recorder/Clerk after approval from the superintendent of streets or other authorized representative of the municipality.
4. No excavation of any kind may be conducted within the Milford City Limits unless the excavator or contractor is licensed by the State of Utah to perform excavations and has provided a liability insurance policy with a minimum liability limit of $300,000.00 per occurrence and which policy shows Milford City as a named insured.
5. Nothing contained in this part shall be construed to waive the franchise required for any person by the ordinances of this municipality or laws of Utah.
6. Unless changed by resolution of the governing body, the fee for an excavating permit shall be $15.00
SECTION 9.36.020 Excluded Excavations
The following types of excavations do not come within the scope of this part:
1. Excavations of any kind in municipal streets in projects designed, contracted for, and inspected by the municipal engineer or other authorized personnel of the municipality.
SECTION 9.36.030 Subject Excavations
The following types of excavations are subject to the provisions of this part:
1. Excavations for installation or repair of water lines, sewer lines, gas lines, electrical cable and conduits, telephone cable and conduits, and all other excavations for any other purpose within the street rights-of-way, sidewalk and within any public utility easement located within Milford City or in any other public place.
SECTION 9.36.040 Preparation
The pavement, sidewalk, driveway or other surface shall be cut vertically along the lines forming the trench in such a manner as to not damage the adjoining pavement or hard-surfacing. An undercut bevel at the rate of one inch per foot of thickness will be provided at the proposed junction between the old and new surfaces. The portion to be removed shall be broken up in a manner that will not cause damage to the pavement outside the limits of the trench. However, any pavement damaged by operations outside the limits of the trench shall be removed immediately from the site of the work.
SECTION 9.36.050 Backfill
1. Materials for backfill will be of select nature. All broken concrete, peat, decomposed vegetable matter and similar materials obtained from excavation will be removed from the site prior to beginning of backfilling. All backfill will be placed in layers not over eight inches loose measure in thickness. Compaction will be obtained by mechanical rollers, mechanical tampers or similar means. Material for backfilling will have optimum moisture to insure compaction to a degree equivalent to that of the undisturbed ground in which the trench was dug. Jetting or internal vibrating methods of compacting sand fill or similar methods of compacting sand or similar granular free draining materials will be permitted.
2. The density (dry) of the backfill under pavements, sidewalks, curbs, or other structures will be not less than that existing prior to excavation. The fill shall be restored and placed in a good condition which will prevent settling.
SECTION 9.36.060 Restoration of Surfaces
1. General. All street surfacing, curbs, gutters, sidewalks, driveways, or other hard surfaces falling in the line of the excavation which must be removed in performance of the work shall be restored in kind by the excavator, unless otherwise directed by the governing body, in accordance with the specifications contained herein governing the various types of surfaces involved.
2. Protection of Paved Surfaces. In order to avoid unnecessary damage to paved surfaces, track equipment shall use pavement pads when operating on or crossing paved surfaces.
3. Time. In traffic lanes of paved streets, the excavator shall provide temporary gravel surfaces or cold mulch in good condition immediately after backfill has been placed, and shall complete permanent repairs on the street, sidewalk, curb, gutter, driveway and other surfaces, within five days from the date of completion of the backfill except for periods:
A. When permanent paving material is not available.
B. When weather conditions prevent permanent replacement.
C. When an extension of time is granted by the superintendent of streets.
4. Temporary Repair. If temporary repair has been made on paved street with gravel and a permanent repair cannot be made within the time specified above due to any of the above-mentioned conditions, then the excavator shall be required to replace the gravel with cold mulch as soon as possible.
5. Fee. The fee for replacing asphalt is $150.00.
SECTION 9.36.070 Restoring Bituminous
Concrete or asphalt street surfaces.
1. Temporary grade surface. Where excavations are made in paved areas, the surface shall be replaced with a temporary gravel surface. The gravel shall be placed deep enough to provide a minimum of six inches below the bottom of the bituminous or concrete surface. Normally, this will require nine inches of gravel for bituminous surfaces, twelve inches or gravel for concrete, and concrete base for asphalt wearing surfaces. The gravel shall be placed in the trench at the time it is backfilled. The temporary gravel surface shall be maintained by balding, sprinkling, rolling, adding gravel, to maintain a safe, uniform surface satisfactory to the inspector until the final surface is laid. Excess material shall be removed from the premises immediately. Material for use on temporary gravel surfaces shall be obtained from sound, tough, durable gravel or rock meeting the following requirements for grading:
Passing 1 - inch sieve 140%
Passing 3/4 inch sieve 85% - 140%
Passing No. 4 sieve 45% - 65%
Passing No. 14 sieve 30% - 50%
Passing No. 200 sieve 5% - 14%
2. Bituminous surface. The exposed edges of existing pavement shall be primed with Type MC-1 bituminous material. The type, grade, and mixture of the asphalt to be used for street surface replacement shall be approved by the superintendent of streets. The thickness shall be equal to the adjacent surface thickness but not less than three inches. The complete surface shall not deviate more than one-half inch between old and new work.
SECTION 9.36.080 Concrete Surfaces
The sub-base for concrete surfaces shall be sprinkled just before placing the concrete. Joints and surfaces shall be made to match the original surfaces. The thickness of concrete shall be equal to the adjacent concrete but in no case less than six inches thick. The mixing, cement, water content, proportion, placement and curing of the concrete shall be approved by the superintendent of streets. In no case shall the concrete have less compressive strength than 3,000 pounds per square inch at the end of 28 days.
SECTION 9.36.090 Concrete Base, Bituminous Wearing Surfaces
This type of surfacing shall be constructed as above as described.
SECTION 9.36.100 Gravel Surfaces
Trenches excavated through gravel-surfaced area, such as gravel roads and shoulders and unpaved driveways, shall have the gravel restored and maintained as described in Section 9.36.080 of this part, except that the gravel shall be a minimum of one inch more than the thickness of the existing gravel.
SECTION 9.36.113 Protection of Public During Excavation Project
Excavation operations shall be conducted in such a manner that a minimum amount of interference or interruption of street traffic will result. Inconvenience to residents and businesses fronting on public streets shall be minimized. Suitable, adequate and sufficient barricades shall be available and used where necessary to prevent accidents involving property or persons. Barricades must be in place until all the excavator's equipment is removed from the site and excavation has been backfilled and proper temporary gravel surface is in place. From sunset to sunrise all barricades and excavations must be clearly outlined by acceptable warning lights, lanterns, flares, and other devices. Police and fire departments shall be notified at least 24 hours in advance of any planned excavation requiring street closures or detour.
SECTION 9.36.114 Relocation and Protection of Utilities
An excavator shall not interfere with any existing utility without the written consent of the governing body and without advance notice to the owner of the utility. If it becomes necessary to relocate an existing utility, it shall be done by its owner unless the owner otherwise directs. No utility, whether owned by municipality or private enterprise, shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee or an expressly written agreement is made whereby the utility owner and the excavator make other arrangements relating to such cost. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires, or other apparatus which may be in any way affected by the excavation work, and shall do everything necessary to support, sustain and protect them under, over, along, or across the work. In case any of the pipes, conduits, poles, wires, or apparatus should be damaged (and for this purpose pipe coating or other incasement or devices are considered as part of a substructure), they shall be repaired by the agency or person owning them, but the utility owner shall be reimbursed for the expense of such repairs by the permittee. It is the intent of this part that the permittee shall assume all liability for damage to substructures, and any resulting damage or injury to anyone because of such substructure damage and such assumption of liability shall be deemed a contractual obligation which the permittee accepts upon acceptance of an excavation permit. The municipality need not be made a party to any action because of this part. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage.
SECTION 9.36.120 Jetting Pipe
Jetting pipe by means of water under pressure, or compressed air, is permitted only when approved by the municipality.
SECTION 9.36.130 Inspection and Acceptance
In order to insure proper backfill and restoration of surface, the permittee shall deposit a cash deposit with the Recorder/clerk payable to the municipality, except that a public utility operating or using any of the streets under a franchise from the municipality will not be required to furnish such bond, providing such franchise obligates the holder thereof to restore the streets and to hold the municipality harmless in the event of any injury to any person or damage to any property due to negligence of such holder in conducting excavation and restoration operations under such franchise. The required surety bond must be:
1. With good and sufficient surety.
2. By a surety company authorized to transact business in the state.
3. Satisfactory to the municipal attorney in form and substance.
4. Conditions upon the permittee's compliance with this part in order to secure and hold the municipality and its officers harmless against any and all claims, judgments, or other costs arising from the excavation and other work covered by the excavation permit or for which the municipality, the governing body or any municipal office may be made liable by reason of any accident or injury to any person or property through the fault of the permittee arising out of failure to properly guard the excavation or for any other negligence of the permittee.
5. Conditioned to fill up, restore and place in good and safe condition, as near as may be to its original condition, and to the satisfaction of the municipality, all opening and excavations made in streets, and to maintain any street where excavation is made in as good condition for the period of 24 months after the work shall be done, usual wear and tear excepted, as it was before the work shall have been done.
6. The amount of the cash deposit shall be established by resolution and may be changed from time to time, but until such resolution is passed the amount of cash deposit shall be $60.00 for each 1/2 of street the permittee shall excavate.
State Criminal Code
9.40.010 Provisions of the Utah Criminal Code Adopted
9.40.020 Provisions of the Utah Code of Criminal Procedure Adopted
9.40.030 Contributing to the Delinquency of a Minor
9.40.040 Provisions of the Utah Controlled Substances Act Adopted
9.40.400 Provisions of the Imitation Controlled Substances Act Adopted
SECTION 9.40.010 Provisions of the Utah Criminal Code Adopted
The Utah Criminal Code, Section 76-1-801 et seq., Utah Code, as amended, is hereby adopted as sections of the Milford City Code. Provided, however, that any provision of the foregoing having a penalty which cannot be imposed for violation of a city ordinance is not adopted.
SECTION 9.40.020 Provisions of the Utah Code of Criminal Procedure Adopted
The Utah Code of Criminal Procedure, section 77-1-1 et seq. Utah Code, as amended, is hereby adopted as sections of the Milford City Code.
SECTION 9.40.030 Contributing to the Delinquency of a Minor
It shall be unlawful to do any act prohibited by section 78-3a-19, Utah Code, as amended.
SECTION 9.40.040 Provisions of the Utah Controlled Substances Act Adopted
The Utah Control Substances Act, section 58-37-1 et seq. Utah Code, as amended, is hereby adopted as a section of the Milford City Code. Provided, however, that any provision of the foregoing having a penalty which cannot be imposed for violation of a city ordinance is not adopted.
SECTION 9.40.400 Provisions of the Imitation Controlled Substances Act Adopted
The Imitation Controlled Substances Act, section 58-37b-1 et seq. Utah Code, as amended, is hereby adopted, as sections of the Milford City Code. Provided, however, that any provision of the foregoing having a penalty which cannot be imposed for violation of a city ordinance is not adopted.
Alcoholic Beverage Control Act
9.41.010 Selected Provisions of the Utah Alcoholic Beverage Control Act Adopted by Reference
SECTION 9.41.010 Selected Provisions of the Utah Alcoholic Beverage Control Act Adopted by Reference
1. The following sections in the Utah Alcoholic Beverage Control Act (Title 32A, Utah Code), as amended, are hereby adopted as sections of the Milford City Code in relation to the sale, possession or consumption of “beer” (as defined in section 32A-1-105(4), Utah Code, as amended):
A. 32A-1-301 through 32A-1-305 (Identification Cards)
B. 32A-12-203 (Unauthorized Sale or Supply)
C. 32A-12-204 (Unlawful Sale or Supply to Intoxicated Persons)
D. 32A-12-205 (Unlawful Sale or Supply to Interdicted Persons)
E. 32A-12-241 (Unlawful Sale of Supply of Beer)
F. 32A-12-209 (Unlawful Purchase, Possession, or Consumption by Minors)
G. 32A-12-210 (Unlawful Purchase by Intoxicated Persons)
H. 32A-12-211 (Unlawful Purchase by Interdicted Persons)
I. 32A-12-217 (Unlawful Permitting of Consumption by Minors)
J. 32A-12-220 (Unlawful Consumption in Public Places)
2. Any provision of the foregoing which has a penalty which cannot be imposed for violation of a city ordinance is not adopted.
Motor Vehicle Status
9.42.010 Provisions of the Motor Vehicle Act Adopted
9.42.020 Definition of "Alcoholic Beverage"
9.42.030 Provision of the Uniform Operator's License Act Adopted
9.42.040 Provision of the Uniform Act Regulating Traffic on Highways Adopted
9.42.050 Provisions of the Financial Responsibility of Motor Vehicle Owners and Operators Act Adopted
9.42.060 Provisions of the Off-Highway Vehicle Act Adopted
9.42.420 Provisions of the Motor Vehicle Insurance Laws Adopted
SECTION 9.42.010 Provisions of the Motor Vehicle Act Adopted
'The Motor Vehicle Act, Chapter 1, of Title 41, Utah Code, as amended, is hereby adopted as a Milford City ordinance. Provided, however, that any provision of the foregoing having a penalty which cannot be imposed for violation of a city ordinance is not adopted.
SECTION 9.42.020 Definition of "Alcoholic Beverage"
The provisions of section 9.42.010, Milford City Code notwithstanding, subsection 41-6-44.20(3)(b), Utah Code, as amended, adopted as a section of the Milford City Code, shall read as follows: “Alcoholic Beverages” shall have the meaning provided in section 32A-1-5, Utah Code, as amended.
SECTION 9.42.030 Provision of the Uniform Operator's License Act Adopted
The Uniform Operators’ License Act, Chapter 3 of title 53 of the Utah code, as amended, is hereby adopted as a chapter of the Milford City Code. Provided, however, that any provision of the foregoing having a penalty which cannot be imposed for violation of a city ordinance is not adopted.
SECTION 9.42.040 Provision of the Uniform Act Regulating Traffic on Highways Adopted
The Uniform Act Regulating Traffic on Highways, Chapter 6, of Title 41, Utah Code, as amended, is hereby adopted as a chapter of the Milford City Code. Provided, however, that any provision of the foregoing having a penalty which cannot be imposed for violation of a city ordinance is not adopted.
SECTION 9.42.050 Provisions of the Financial Responsibility of Motor Vehicle Owners and Operators Act Adopted
The Financial Responsibility of Motor Vehicle Owners and Operators Act, Chapter 12a of Title 41 of the Utah Code, as amended, is hereby adopted as a chapter of the Milford City Code. Provided, however, that any provision of the foregoing having a penalty which cannot be imposed for violation of a city ordinance is not adopted.
SECTION 9.42.060 Provisions of the Off-Highway Vehicle Act Adopted
This Ordinance is for the purpose of adopting in part the Utah Off-Highway Vehicle Act Title 41 Chapter 22, Utah Code Annotated 1953, as amended, and designating Milford City roads, streets or highways open for off-highway vehicles and establishing regulations related thereto.
“Off-Highway Vehicle (OHV)” means: “All Terrain Type 1 Vehicles, (ATV), All Terrain Type II Vehicles,” “Off-Highway Vehicles” and any motorized vehicles as defined by Utah Code Section 41-22-2(2)(3).
“Milford City Roads, Streets or Highways and Trails Designated as Being Open for Public Travel for OHV’s” shall be defined and designated by an “Off-Highway Vehicle Travel Map.” This map shall be maintained by the Milford City Engineering Department and may be changed, modified or amended by a resolution of the Milford City Council. These maps will be made available to the public and will be posted in public places.
“Operate” means to ride in or on and control the operation of an off?highway vehicle.
Content fo“Operator” means an individual who operates or is in actual physical control of an off?highway vehicle.
rmat typ“Owner” means a person, other than a lien holder, having the property in or title to an off?highway vehicle and entitled to its use or possession.
ePlain“Register” means the act of assigning a registration number to an off?highway vehicle in accordance with Section 41-22-3 of the Utah Code Annotated 1953
2. Roads Designated for OHV Travel
Unless designated as being open for public travel for OHV’s, either by the “Off-Highway Vehicle Travel Map", or by signage on the ground, all Milford City roads remain closed to travel for OHV’s except for:
A. Off-highway implements of husbandry used in accordance with UCA 41-22-5.5, and
B. A person may operate an OHV on any Milford City road, alley or highway, other than State Roads, to gain access to or from a private or public area open for OHVs, by the most direct route from their residence or motel. The State highways on which OHV use is prohibited are:
1. SR 21
2. SR 257
3. Provisions for Use of OHV
Any person operating an OHV is subject to all of the provisions of Title 41 Chapter 6, Utah Code Annotated (1953), as amended (Traffic Code), which includes, but is not limited to:
A. Unless otherwise provided for herein, no person under 12 years of age will be allowed to operate an OHV on a Milford City road, street or highway designated for OHV use.
B. No person between the ages of 12 and 16 may operate and no owner may give permission to a person between the ages of 12 and 16 to operate an OHV on the designated roads, streets and highways of Milford City unless such person is accompanied on another OHV and under the direct visual supervision of an adult 18 years of age or older holding a valid driver’s license (UCA 41-22-10.5 and 41-22-18). OHV operators between the ages of 12 and 16 must possess an OHV education certificate as issued by the Utah Division of Parks and Recreation (UCA 41-22-30).
C. All operators 16 years of age and older must possess either a valid operator’s license as provided in Title 53, Chapter 3, Uniform Driver License Act or an OHV education certificate as issued by the Utah Division of Parks and Recreation (UCA 41-22-29 and UCA 41-22-30).
D. All riders under the age of 18 may not operate or ride an off-highway vehicle on the system unless the person is wearing a properly-fitted Snell or DOT approved protective headgear designated for motorized use (UCA 41-22-10.8).
E. All users of roads, alleys, streets and highways designated for use by OHV’s must obey all traffic and other safety laws and rules as designated (UCA 41-6a).
F. All users of the Milford City designated off-highway roads, alleys, streets and highways may not operate a vehicle at a speed greater than is reasonable and prudent under the existing conditions, giving regard to the actual and potential hazards then existing, including when:
1. approaching and crossing an intersection or railroad grade crossing;
2. approaching and going around a curve;
3. approaching a hill crest;
4. traveling upon any narrow or winding roadway;
5. special hazards exist due to pedestrians, other traffic, weather or road conditions.
G.. Even when no special hazard exist, an operator of an OHV will not travel at a speed in excess of 15 mph at any time, upon any street, alley, highway, or other public ground or place in the city.
4. Prohibited Operation
It shall be unlawful for any person to drive or operate any off?highway vehicle in the following ways or under the following circumstances, which are hereby declared to be unsafe and a public nuisance:
A. During the night time period of one hour after sunset until sunrise.
B. On a roadway, shoulder or inside bank or slope of any road, street or highway, except as provided in this Article.
C. On direct crossing of a street or highway, unless:
1. The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
2. The off?highway vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
3. The operator yields the right?of?way to all oncoming traffic which constitutes an immediate hazard; and
4. In crossing a divided highway or a street of more than two lanes, the crossing is made only at an intersection of the highway with another public street or highway controlled by a traffic signal (UCA 41-22-10.3).
D. Without being equipped with at least one headlamp, one tail lamp and brakes, all in working order, which conform to standards as prescribed in UCA 41-22-10.7.
E. In a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage to such person or property.
F. While under the influence of intoxicating liquor or a controlled substance.
G. Without a manufacturer?installed or equivalent muffler in good working order and connected to the off?highway vehicle's exhaust system. Mufflers must have a federally approved spark arrestor. Overall noise emission may not exceed 99 decibels at a distance of 20 inches. Mufflers may not be altered to increase motor noise, or have a cutout, bypass, or similar device (UCA 41-22-10.7).
H. In a direction other than the same direction as other motor vehicles.
I. Within the right?of?way of any road, street or highway while towing a sled, skid or other vehicle, unless the object towed is connected to the off?highway vehicle by a hinged swivel and secure hitch.
J. In any municipal park or recreation area, except when posted as "open" to off?highway vehicles, and only along established paths and trails and within the hours permitted.
K. Upon private property, other than that of the off?highway vehicle owner or operator, without express written permission of the owner.
1. It shall be unlawful for any person operating or accompanying a person operating an OHV to refuse to immediately leave private land upon the request of the owner or person in charge of such land.
2. No person operating or accompanying a person operating an OHV shall obstruct any entrance or exit to private property with an OHV, trailer or other vehicle without the owner’s permission.
3. It shall be unlawful for any person to tear down, mutilate, or destroy any sign, signboards, or other notice which regulates trespassing for purposes of operating an OHV on land; or, to tear down, deface, or destroy any fence or other enclosure or any gate or bars belonging to any such fence or enclosure.
L. While carrying a strung bow or loaded firearm.
No person may operate an off-highway vehicle on Milford City roads, streets, alley or highways not designated as open to OHV use, except:
A. When crossing a highway, trail, or road and the operator comes to a complete stop before crossing; proceeds only after yielding the right-of-way to oncoming traffic; and crosses at a right angle. Must also be in compliance with Section 35B-5 (3). (UCA 41-22-10.3)
B. When loading or unloading an OHV from a vehicle or trailer which shall be done with due regard for safety and at the nearest practical point of operation. (UCA 41-22-10.3)
C. When an emergency exists during any period of time and at those locations when the operation of conventional motor vehicles is impractical or when the operation is directed by a peace officer or public authority (UCA 41-22-10.3)
Utah Code Annotated 41-12a-301 (5) specifically states that owner’s or operator’s security is not required on off-highway vehicles registered under Section 41-22-3 when operated either:
A. on a highway designated as open for off-highway vehicle use; or
B. in the manner prescribed by Section 35B-7 above (UCA 41-22-10.3)
7. Snow Removal
When using Type I and Type II off?highway vehicles for snow removal, the off?highway vehicle must have a mounted blade on the off?highway vehicle The off?highway vehicle may go from job site to another job site on city streets provided the operator obeys all other sections of the off?highway vehicle ordinance.
Only peace officers of the state and their respective duly authorized representatives may enforce this section.
Unless otherwise specified, penalties for violation of this Ordinance shall be punishable as a Class C Misdemeanor (UCA 41-22-17) with a minimum fine of $82.00.
(Ord. Ordinance 8-2007 Off Highway Vehicles, Amended, 08/07/2007)
SECTION 9.42.420 Provisions of the Motor Vehicle Insurance Laws Adopted
The Motor Vehicle Insurance laws, Part III of Chapter 22 of Title 31A of the Utah Code, as amended, is hereby adopted as a chapter of the Milford City Code. Provided, however, that any provision of the foregoing having a penalty which cannot be imposed for violation of a city ordinance is not adopted.
State Fireworks Acts
9.43.010 Provisions of the Utah Fireworks Act Adopted by Reference
9.43.020 State Fire Prevention Board Rules
9.43.030 Permit Required
9.43.040 Sales Location
9.43.050 Prohibited Acts
9.43.060 Conflicting Provisions
9.43.070 Uniform Fire Code Superseded
SECTION 9.43.010 Provisions of the Utah Fireworks Act Adopted by Reference
The Utah Fireworks Act, Chapter 3 of Title 11 of the Utah Code, as amended, is hereby adopted as chapter of the Milford City Code. Provided however, that any provision of the foregoing having a penalty which cannot be imposed for violation of a city ordinance is not adopted.
SECTION 9.43.020 State Fire Prevention Board Rules
Rules, specifications, standards or requirements promulgated by the Utah State Fire Board as permitted or required by the various section of the Utah Fireworks Act, as amended are included and adopted as part of the Milford City Code.
SECTION 9.43.030 Permit Required
No person shall offer for sale or sell, at retail, any fireworks without a permit countersigned by the fire chief. A separate permit shall be required for each separate sales location, and the fee for each permit shall be four hundred dollars ($400.00) for each separate location at which fireworks are to be sold. Provided, further, that the permit fees required above shall not be required of an applicant for a permit to sell fireworks within any permanent commercial building, in which building the applicant has been continually engaged in retail business for the immediately preceding six months. Each permits shall remain in effect for twelve (12) months from its date of issue unless the permittee violates a provision of this chapter, in which event the permit may be revoked. Applications for a permit to sell fireworks shall be in writing and shall:
1. Include the name and address of the person, firm or corporation applying for the permit;
2. Described the specific location where fireworks will be sold;
3. Include evidence of insurance in an amount not less than three hundred thousand dollars ($300,000) because of bodily injury to or death of one person, in amount not less than nine hundred thousand dollars ($900,000) because of bodily injury or death of two (2) or more persons in any one accident. Also, evidence of insurance in an amount not less than one hundred fifty thousand dollars ($150,000) because of injury to or destruction of property of others in any one accident; and
4. Include any other information reasonably requested by the fire department.
SECTION 9.43.040 Sales Location
1. Retail sales of fireworks shall be permitted within a permanent structure in connection with which structure a business license is in effect pursuant to provisions of Title 6 of the Milford City Code, or, from a temporary stand or trailer. Retail sales of fireworks shall be allowed only at locations within the following zoning districts:
A. No fireworks stand or trailer shall be located within twenty-five (25) feet of any other building nor within fifty (50) feet of any gasoline pump or dispensing device;
B. Fireworks stands or trailers need not comply with the provisions of the Uniform Building Code, however, all stands or trailers shall be erected in a manner that will reasonably assure the safety of attendants and patrons;
C. Each stand or trailer shall not have in excess of four hundred fifty (450) square feet of floor space, and each stand or trailer shall have not less than two (2) exits, each of which must be at least twenty-eight (28) inches in width;
D. A sign prohibiting the discharge of any fireworks within one hundred (100) feet of the fireworks stand or trailer shall be prominently displayed;
E. There shall be at least one supervisor, sixteen (16) years of age or older, on duty at all times. Fireworks shall not be sold on a self-service basis. Fireworks shall be placed in a location which is unavailable and inaccessible to members of the public;
F. Fireworks stands or trailers shall be removed within seven (7) days after retail sales cease.
2. Prior to the issuance of a permit, each applicant shall file with the city a cash deposit in the amount of three hundred dollars ($300.00) for each retail sales location to assure compliance with the provisions of this section, including, but not limited to, the removal of the stand or trailer and the cleaning of the site; provided, however, that no applicant shall be required to post a total bond for all sales locations in an amount greater than one thousand dollars ($1,000.00). In the event the permittee does not comply with the provisions of this chapter or remove the stand or trailer or clean the site thereof, the city may remove the stand or trailer and clean the site or cause the same to be done by other persons and the reasonable cost thereof shall be a charge against the permittee and shall be subtracted from the bond described above.
3. No person shall sleep in the fireworks stand or trailer overnight.
SECTION 9.43.050 Prohibited Acts
1. It shall be unlawful to discharge fireworks;
A. Within one hundred (100) feet of any place where fireworks are sold or offered for sale;
B. Within three hundred (300) feet of any church, hospital, rest home, retirement center, school building or similar institution;
C. In such a manner that the fireworks project over or onto the property of another person without the consent of the person owning or controlling such property; and
D. In any public park.
2. It shall be unlawful to ignite, discharge or throw any fireworks from or into any motor vehicle or at or near any person.
3. It shall be unlawful to make, sell, or offer to sell or to discharge any type of homemade fireworks.
4. It shall be unlawful to sell or to offer to sell fireworks:
A. Without a permit.
B. In violation of any requirement of this chapter or any regulations adopted by the Utah State Fire Prevention Board.
C. At a location not specified in the permit application.
D. Without the insurance coverage required in the permit application; or
E. In violation of the requirements of Section 9.43.040, Milford City Code.
SECTION 9.43.060 Conflicting Provisions
In the event there should at any time be a conflict between the provisions of this chapter, and provisions of the Utah Fireworks Act or rules and regulations adopted pursuant thereto, the latter shall control.
SECTION 9.43.070 Uniform Fire Code Superseded
1. This chapter 9.43, Milford City Code applies to the sale and use of class “C” fireworks only and not to class “A” or “B” fireworks or explosives.
2. With respect to class “C” fireworks only, the provisions of this chapter, which conditionally authorize the sale of certain fireworks, shall supersede Section 78.102(b) of the 1985 edition of the Uniform Fire Code, and like provisions in any subsequent edition of the Uniform Fire Code which purport to prohibit the sale of fireworks contrary to the provisions of this chapter.
International Fire Code
9.51.010 International Fire Code and International Fire Code Standards Adopted by Reference
9.51.020 Transport Routes and Regulation of Flammable Liquid Carriers
9.51.030 Use of Open Flame Torches for Roofing Prohibited
9.51.040 Open Burning Prohibited - Exceptions
SECTION 9.51.010 International Fire Code and International Fire Code Standards Adopted by Reference
1. The International Fire Code and the International Fire Code Standards, 2006 Edition, is hereby adopted by reference.
2. All of the appendices to the International Fire Code and the International Fire Code Standards are adopted except the following appendices which are not adopted:
A. Appendix II-C (Marinas)
B. Appendix III-D (Basement Pipe Inlets)
SECTION 9.51.020 Transport Routes and Regulation of Flammable Liquid Carriers
1. Ammunition, explosives, flammable or combustible liquids, or hazardous chemicals, as the same are defined in the International Fire Code, may only be transported into or within Milford City Code as described in this section.
2. Transportation shall be by the most direct route, which shall mean that the transporting vehicle shall travel on principal transportation routes such as highway 21 and highway 257 at all times except when leaving the same is necessary to make a delivery. At no time shall a transporting vehicle travel through any area designated as a residential zone (RM-6, MR-30, MR-15, MR-7, RM-6S) on the zoning map of Milford City, Utah unless the fire chief otherwise consents in writing, which consent shall be given only when there is no practical alternative to transportation through a residential zone.
3. Transportation shall only be by the use of vehicles constructed and operated as described in the International Fire Code and in the manner otherwise described by other applicable law, including, but not limited to, references therein to parking, garaging, and vehicle repair.
4. Flammable or combustible liquids may be transported to retail sales location only as follows:
A. Delivery by tank vehicle having a capacity of more than three thousand (3,000) gallons shall not be made at any location open to the public unless the tank vehicle is located entirely on private property while making the delivery.
B. No delivery may be made or accepted if the intake pipe for an underground storage facility is within twenty (20) feet of a motor vehicle, a public street or retail pumps. If the requirements of this subsection (4)(b) cannot be met, deliveries may be made only by completely closing off this business location and removing all customers during the time of delivery, or by making the delivery at night between the hours of 11:00 p.m. and 7:00 a.m.
C. When arriving for a delivery, during delivery and when leaving thereafter, the delivery vehicle shall at all times more forward and not in reverse. The fire chief may, in writing, allow exceptions to this subsection (4)( c), but only for circumstances where it is not possible to comply with this subsection (4)( c).
D. The person in charge of the delivery vehicle shall at all times during delivery remain within forty (40) feet of the discharge point and in full view of the delivery point.
E. At the beginning of any delivery the unused capacity of the receiving tank shall be 120% of the maximum capacity (used or unused) of the delivering tank or compartment of the delivery vehicle.
5. Neither ammunition or explosives, in amounts regulated by the International Fire Code, may be transported into or within Milford City without a permit therefore from the fire chief and then only pursuant to the terms of said permit.
6. Violation of any part of this section shall unlawful and a misdemeanor.
SECTION 9.51.030 Use of Open Flame Torches for Roofing Prohibited
It shall be unlawful to use or operate, or permit the use or operation of, an open flame torch in the installation or application of roofing materials on any structure within the municipal limits of Milford City without the prior written approval of the Milford City fire chief.
SECTION 9.51.040 Open Burning Prohibited - Exceptions
1. Except as provided in this section, it shall be unlawful for any person to create or permit to be created an open burning of any kind.
2. The following burnings are exempt from subsection (1) of this section:
A. For the purpose of outdoor cooking, contained barbecues or pits with a cooking area no larger than six (6) feet in diameter.
B. Other outdoor cooking facilities meeting the approval of the fire chief.
C. Other open fires, fireworks, torches or open burnings specifically allowed for under another portion of the Milford City Code after obtaining the necessary approval of the fire chief.
D. Controlling weed growth along ditch bank incident to clearing these ditches for irrigation purposes after obtaining any necessary approval or permit.
E. Controlled burning of not more than two (2) structures per year under the direct control of the Milford Volunteer Fire Department for the purpose of training fire service personnel when the United State Weather Service clearing index is above 500.
9.52.010 Technical Codes Adopted
SECTION 9.52.010 Technical Codes Adopted
1. It is the policy of Milford City to conform to the provisions of section 58-56-4, Utah Code, as amended, by adopting by reference as a portion of the Milford City Code, the technical codes adopted by the State of Utah. As new editions of the technical codes described in section 58-56-4, Utah Code, as amended, are adopted by the State of Utah (by statute or administrative regulation), this section shall be interpreted to refer to the same editions as those adopted by the State of Utah.
2. With reference to section 58-56-4, Utah Code, as amended, and subsection (1) of this section, the following technical codes are hereby adopted as a portion of the Milford City Code:
A. The International Building Code, as amended and promulgated by the International Conference of Building Officials;
B. The International Electrical Code, as amended and promulgated by the National Fire Protection Association (including International Administrative Code provisions promulgated by the International Conference of Building Officials);
C. The International Plumbing Code, as amended and promulgated by the International Association of Building Officials and the International Association of Plumbing and Mechanical Officials;
D. The International Mechanical Code as amended and promulgated by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials; and
E. The Model Energy Code as amended and promulgated by the Council of American Building Officials.
3. In addition to the technical codes adopted above, the following additional technical codes are hereby adopted by reference as a portion of the Milford City Code. With respect to each of the following (unless otherwise expressly provided), Milford City adopts the same edition as the edition of the Uniform Building code which is adopted at subsection (2)(a) of this section. The technical codes adopted are the following:
A. The International Building Code Standards
B. The International Property Maintenance Code.
C. The International Code for Building Conservation NCS BCS (National Conference of States on Building Codes and Standards) A225.1 Manufactured Home Installations (1987 edition).
(Ord. Ordinance 11-2007 Technical Codes, Amended, 10/02/2007)