title 12 12a.pdf · 12.04.030 cellar door openings. 12.04.040 coal holes and other openings....

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TITLE 12

STREETS, SIDEWALKS AND PUBLIC PLACES

Chapters: 12.04 Sidewalk Use Regulations

12.08 Construction and Repair of Streets

and Sidewalks

12.10 Storage and Disposal on Public

Property

12.12 Excavations

12.16 Camping

12.20 Cemeteries

12.22 Hyrum City Tree Ordinance

12.24 Excavation Permit

12.28 Telecommunications rights-of-way

12.04-1

Chapter 12.04

SIDEWALK USE REGULATIONS

Sections: 12.04.010 Snow, hail and sleet removal.

12.04.020 Obstructions prohibited.

12.04.030 Cellar door openings.

12.04.040 Coal holes and other openings.

12.04.050 Doors or gates opening over or upon.

12.04.060 Discharge of water onto sidewalks prohibited.

12.04.070 Crossing restrictions.

12.04.080 Adjacent businesses to keep clean.

12.04.090 Use for sale or display of goods.

12.04.100 Temporary use for placement of goods being

received or to be delivered.

12.04.110 Playing on.

12.04.120 Obstruction.

12.04.010 Snow, hail and sleet removal.

A. It is 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

five p.m. and six a.m., such sidewalks shall be

cleaned before nine a.m. of the same day.

B. It is 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. (Prior code

§ 11-361)

12.04.020 Obstructions prohibited.

It is 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 premises:

A. Any broken ware, glass, filth, rubbish, sweepings,

refuse matter, ice, snow, water, garbage, ashes,

tin cans or other like substances;

B. 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, or the passage over and upon the

same, or any part thereof, except as expressly

authorize by ordinance, without the permission of

the governing body first had and obtained;

C. Any permanent or temporary structure, mechanism,

device, vehicle, or other thing of any kind or

character except trees planted pursuant to the

12.04-2

provisions of applicable ordinances. (Prior code §

11-362)

12.04.030 Cellar door openings.

It is unlawful for the owner or occupant of any building

having a cellar which opens upon 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 twenty-four hours after notice from the superintendent

of streets to do so, the superintendent shall forthwith cause

such repairs to be made at the expense of the owner occupant.

(Prior code § 11-363 (A))

12.04.040 Coal holes and other openings.

It is unlawful to construct or maintain coal holes or

other openings in streets or sidewalks, except with the

special permission of the governing body, and under the

direction and supervision of the superintendent of streets.

(Prior code § 11-363 (B))

12.04.050 Doors or gates opening over or upon.

It is 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 beyond the property line. (Prior code § 11-364)

12.04.060 Discharge of water onto sidewalks prohibited.

It is unlawful for any person owning, occupying or having

control of any premises 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 the sidewalk.

(Prior code § 11-365)

12.04.070 Crossing restrictions.

It is 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.


12.04.080 Adjacent businesses to keep clean.

It is 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 nine a.m. (Prior code § 11-367)

12.04.090 Use for sale or display of goods.

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

12.04-3

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 forty-eight 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. (Prior code § 11-368)

12.04.100 Temporary use for placement of goods being received

or to be delivered.

It is 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 is 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 two hours. (Prior code § 11-

369)

12.04.110 Playing on.

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. (Prior

code § 11-370)

12.04.120 Obstruction.

It is unlawful for any person to commit in or upon any

public street, public highway, public sidewalk or any other

public place or building, any act or thing which is an

obstruction or interference to the free and uninterrupted use

of property or with any business lawfully conducted by anyone

in, upon, facing or fronting on any such public street, public

highway, public sidewalk or any other public place or

building, all of which prevents the free and uninterrupted

ingress, egress, and regress, therein, thereon and thereto.

(Prior code § 11-371, Ord. 95-12)

12.04-4

12.08-1

Chapter 12.08

CONSTRUCTION AND REPAIR OF STREETS AND SIDEWALKS

Sections: 12.08.010 Conformance to specifications.

12.08.020 Sidewalk construction-Permit required-

Supervision.

12.08.030 Driveway construction or alteration-Permit

required.

12.08.040 Construction of driveways or bridges over

waterways.

12.08.050 Ditches-Approval required prior to covering.

12.08.060 Use of streets when repairing or constructing

buildings on abutting land.

12.08.070 Placing or mixing sand or gravel on paved

streets or sidewalks.

12.08.080 Overflowing of water onto streets, sidewalks

or public property.

12.08.090 Removal of sod or earth from streets or public

places.

12.08.100 Irrigation ditches.

12.08.010 Conformance to specifications.

It is unlawful for any person either as owner, agent,

servant, contractor or employee to construct a street or

sidewalk which does not conform to specifications 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.


12.08.020 Sidewalk construction-Permit required-Supervision.

A. No person, either as owner, agent, servant,

contractor or employee, shall construct any perma-

nent sidewalk without first obtaining from the re-

corder/clerk a permit so to do. The permit shall

specify that the sidewalk be constructed of cement,

the character and quality of the cement, the

consistent parts of the mixture and the thickness

of the walk.

B. It is unlawful to construct a sidewalk in violation

of the specifications given by a proper municipal

official.

C. All sidewalks shall be constructed under the

inspection of the superintendent of streets or his

duly authorized representative. (Prior code § 11-

352)

12.08.030 Driveway construction or alteration-Permit required.

It is unlawful for any person to construct a driveway

across a sidewalk, or cut or change the construction of a

sidewalk, curb or gutter without first making written

application and obtaining from the recorder/clerk a permit to

12.08-2

do so. The acceptance of such permit shall be deemed an

agreement on the part of such person to construct the driveway

in accordance with specifications furnished by the

municipality. (Prior code § 11-353)

12.08.040 Construction of driveways or bridges over waterways.

Construction of driveways or bridges over waterways must

first be approved by the city and/or the Hyrum Irrigation

Company. (Prior code § 11-359 (B))

12.08.050 Ditches-Approval required prior to covering.

Ditches shall not be covered without prior approval of

the city or the Hyrum Irrigation Company. (Prior code § 11-359

(A))

12.08.060 Use of streets when repairing or constructing

buildings on abutting land.

It is 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. (Prior

code § 11-354)

12.08.070 Placing or mixing sand or gravel on paved streets

or sidewalks.

Unless a permit from the superintendent has been

obtained, it is unlawful to:

A. Place or pile, or permit to be placed or piled, any

sand, gravel, lime, cement, mortar, plaster, con-

crete, or any like substance or mixture, or allow

the same to remain on any portion of any paved

street or sidewalk;

B. Make or mix, or permit to be made or mixed, any

mortar, plaster, concrete or any like substance or

mixture on any portion of any paved street or

sidewalk. (Prior code § 11-355)

12.08.080 Overflowing of water onto streets, sidewalks or

public property.

It is 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. (Prior

code § 11-356)

12.08.090 Removal of sod or earth from streets or public

places.

No person shall dig, cut or remove any sod or earth from

12.08-3

any street or other public place without a permit from the

superintendent of streets. (Prior code § 11-358)

12.08.100 Irrigation ditches.

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 and 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 Hyrum Irrigation

Company and/or Hyrum City council. (Prior code § 11-357)

12.08-4

12.10-1

Chapter 12.10

STORAGE AND DISPOSAL ON PUBLIC PROPERTY

Sections: 12.10.010 Definitions.

12.10.020 Storage and disposal on public property.

12.10.010 Definitions.

The following terms used in this chapter shall have the

respective meanings set forth as follows:

"Public property" means any parcel or tract of land owned by

Hyrum City, including city parks, city buildings, roadways,

and public rights-of-way between private property lines on

either side of a roadway. It does not include easements over

private property that have been dedicated to or are controlled

by the city.

12.10.020 Storage and disposal on public property.

It is unlawful for any person to store or dispose of any

of the following on public property except at locations

provided specifically for the purpose such as recycling

centers: construction materials, animal feed, waste plant

material such as lawn clippings, prunings, branches, limbs,

garden waste, or any other vegetative matter, gravel, dirt,

wasted concrete, old tires, debris, garbage, or litter of any

type, chemicals, fuel, and any other substance that may be

unsightly or deleterious to the health, safety, and welfare of

the community.(Ord.07-05)

12.10-2

12.12-1

Chapter 12.12

EXCAVATIONS

Sections: 12.12.010 Applicability.

12.12.020 Exclusions.

12.12.030 Permit-Required.

12.12.040 Permit-Exceptions to requirement.

12.12.050 Permit-Issuance-Public utilities.

12.12.060 Permit-Denial-Revocation.

12.12.070 Bond requirements.

12.12.080 Cut specifications-Removal of waste material.

12.12.090 Backfill.

12.12.100 Surface-Responsibility-Compliance with

applicable specifications required.

12.12.110 Surface restoration-Use of pavement pads on

track equipment.

12.12.120 Surface restoration-Time frame for

completion.

12.12.130 Surface restoration-Temporary repair.

12.12.140 Surface restoration-Temporary gravel and

bituminous surfaces.

12.12.150 Surface restoration-Concrete surfaces.

12.12.160 Surface restoration-Concrete base, bituminous

wearing surfaces.

12.12.170 Surface restoration-Gravel surfaces.

12.12.180 Protection of public.

12.12.190 Utilities-Relocation and protection-Liability

for damage.

12.12.200 Jetting pipe.

12.12.010 Applicability.

The following types of excavations are subject to the

provisions of this chapter:

A. 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 of the municipality or in

other public places. (Prior code § 11-383)

12.12.020 Exclusions.

The following types of excavations do not come within the

scope of this chapter:

A. 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. (Prior code § 11-

382)

12.12.030 Permit-Required.

A. No person shall make any excavation in any street,

lane or alley, or remove any permanent or other

12.12-2

material from any street or improvement thereon

without first obtaining a permit from the superin-

tendent of streets or other authorized rep-

resentative of the municipality.

B. No person shall excavate any sidewalk without first

obtaining a permit from the superintendent of

streets or other authorized personnel.

C. It is unlawful for any person to break, excavate,

tunnel, undermine, or in any manner affect the

surface or base of any street, or to place, deposit

or leave upon any street any earth or any other

excavated material obstructing or tending to

interfere with the free use of the street, unless

such person shall first have obtained an excavation

permit therefor from the recorder/clerk.

D. Nothing contained in this chapter shall be

construed to waive the franchise required for any

person by the ordinances of this municipality or

laws of Utah. (Prior code § 11-381, 11-395 (part))

12.12.040 Permit-Exceptions to requirement.

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 regular working day

following the emergency. (Prior code § 11-395 (part))

12.12.050 Permit-Issuance-Public utilities.

Any public utility regulated by the state or holding a

franchise from the municipality which in the pursuit of its

calling has frequent occasion to open or make excavations in

streets may, upon application, receive a general permit from

the municipality to cover all excavations such utilities may

make within the streets of the municipality. (Prior code § 11-

395 (part))

12.12.060 Permit-Denial-Revocation.

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 chapter. (Prior code § 11-395 (part))

12.12.070 Bond requirements.

A. In order to insure proper backfill and restoration

of surface, the permittee shall deposit a surety

bond or 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

12.12-3

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. Conditioned upon the permittee's compliance

with this chapter 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 officer 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 openings

and excavations made in streets, and to

maintain any street where excavation is made

in as good a condition for the period of

twenty-four months after the work shall be

done, usual wear and tear excepted, as it was

before the work was done.

B. The amount of the surety bond or cash deposit shall

be established by resolution and may be changed

from time to time, but until such resolution is

passed the amount of surety or cash deposit shall

be two hundred dollars and five dollars for each

foot of street the permittee shall excavate. (Prior

code § 11-394)

12.12.080 Cut specifications-Removal of waste material.

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

hardsurfacing. 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 the operations outside the limits of the

trench shall be replaced. All waste material resulting from

the excavation shall be removed immediately from the site of

work. (Prior code § 11-384)

12.12.090 Backfill.

A. Materials for backfill will be of select nature.

12.12-4

All broken concrete, peat, decomposed vegetable

matter and similar materials obtained from the

excavation will be removed from the site prior to

beginning of the 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.

B. 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 good condition

which will prevent settling. (Prior code § 11-385)

12.12.100 Surface-Responsibility-Compliance with applicable

specifications required.

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. (Prior code § 11-386 (A))

12.12.110 Surface restoration-Use of pavement pads on track

equipment.

In order to avoid unnecessary damage to paved surfaces,

track equipment shall use pavement pads when operating on or

crossing paved surfaces. (Prior code § 11-386 (B))

12.12.120 Surface restoration-Time frame for completion.

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. (Prior code § 11-386

(C))

12.12.130 Surface restoration-Temporary repair.

If temporary repair has been made on paved street with

gravel and a permanent repair cannot be made within the time

12.12-5

specified in Section 12.12.120 due to any of the conditions

mentioned therein, then the excavator shall be required to

replace the gravel with cold mulch as soon as possible. (Prior

code § 11-386 (D))

12.12.140 Surface restoration-Temporary gravel and bituminous

surfaces.

A. Temporary Gravel 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 of 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 will be maintained by

blading, sprinkling, rolling and 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 gradings:

1. Passing 1-inch sieve: 100;

2. Passing 3/4 inch sieve: 85% to 100;

3. No. 4 sieve: 45% to 65;

4. Passing No. 10 sieve: 30% to 50;

5. Passing No. 200 sieve: 5% to 10.

B. 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. (Prior code

§ 11-387)

12.12.150 Surface restoration-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 will be

approved by the superintendent of streets. In no case shall

the concrete have less compression strength than three

thousand pounds per square inch at the end of twenty-eight

days. (Prior code § 11-388)

12.12-6

12.12.160 Surface restoration-Concrete base, bituminous

wearing surfaces.

This type of surfacing shall be constructed as described

in Sections 12.12.140 and 12.12.150. (Prior code § 11-389)

12.12.170 Surface restoration-Gravel surfaces.

Trenches excavated through gravel-surfaced areas such as

gravel roads and shoulders and unpaved driveways, shall have

the gravel restored and maintained as described in Section

12.12.150, except that the gravel shall be a minimum of once

inch more than the thickness of the existing gravel. (Prior

code § 11-390)

12.12.180 Protection of public.

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 avail-

able and used where necessary to prevent accidents involving

property or persons. Barricades must be in place until all of

excavator's equipment is removed from site and excavation has

been backfilled and the proper temporary gravel surface is in

place. From sunset to sunrise all barricades must be clearly

outlined by acceptable warning lights, lanterns, flares and

other devices. Police and fire departments shall be notified

at least twenty-four hours in advance of any planned

excavation requiring street closures or detour. (Prior code §

11-391)

12.12.190 Utilities-Restoration and protection-Liability for

damage.

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 the municipality or by a 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 the 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

encasement or devices are to be considered part of a substruc-

ture), 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 chapter that the permittee shall assume all liability for

12.12-7

damage to the substructures, and any resulting damage or

injury to anyone because of such substructure damage and such

assumption of liability shall be deemed to be 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 chapter. The permittee shall

inform itself as to the existence and location of all under-

ground utilities and protect the same against damage. (Prior

code § 11-392)

12.12.200 Jetting pipe.

Jetting pipe by means of water under pressure, or

compressed air, is permitted only when approved by the

municipality. (Prior code § 11-393)

12.12-8

12.16-1

Chapter 12.16

CAMPING

Sections: 12.16.010 Overnight camping.

12.16.010 Overnight camping.

Overnight and extended camping is prohibited in any Hyrum

City park or street, and no tents or other temporary

structures are to be erected for camping purposes. Hyrum City

may grant permission for one-night stopovers for tourists or

travelers who have and utilize self-contained stopover units

such as campers or housetrailers. Such units will be placed in

designated areas after permission has been obtained from Hyrum

City law enforcement personnel and subject to personnel

jurisdiction and supervision. Extended stopovers for more than

one night for tourists and travelers is prohibited unless

specific approval is granted for such extension by the mayor,

councilman in charge of parks, or his designee. (Ord. 82-02 §

1: prior code § 11-346)

12.16-2

12.20-1

Chapter 12.20

CEMETERIES

Sections: 12.20.010 Name.



12.20.040 Cemetery superintendent-Office created.

12.20.050 Cemetery superintendent-Duties.

12.20.060 Burials-Permit required.

12.20.070 Burial-Certificate of burial right required.

12.20.080 Burials-Information to be recorded.

12.20.090 Disinterment-Prohibitions.

12.20.100 Interment of non-human remains prohibited.

12.20.110 Interment of human remains in cemetery

required.

12.20.120 Vaults required.

12.20.130 Appointment for religious and fraternal

organizations.

12.20.140 Lot and grave site sales-Rules and

regulations.

12.20.150 City's right to provide upkeep.

12.20.160 Phone orders-Responsibility for errors.

12.20.170 Traffic rules.

12.20.180 Children.

12.20.190 Animals.

12.20.200 Decorum.

12.20.210 Vandalism.

12.20.220 Landscaping.

12.20.230 Placement of markers.

12.20.240 Additional rules and regulations.

12.20.250 Fees-Collection authority.

12.20.260 Fees-Grave openings-Prepayment required-

Exception.

12.20.270 Size and price of lots and fees-

Determination.

12.20.280 Fees-Resident/Nonresident defined.

12.20.290 Fees-Designated.

12.20.300 Lots-Sale.

12.20.310 Lots-Resale restrictions.

12.20.320 Contracting for perpetual care-Default.

12.20.330 Maintenance charges on lots without perpetual

care.

12.20.340 Failure to pay cost of services-Remedies.

12.20.350 Failure to pay cost of services-Reversion of

lot to city-Procedure.

12.20.360 Burial of indigents.

12.20.010 Name.

The burial ground of this municipality, shall be known

and designated by the name of Hyrum City Cemetery. (Prior code

§ 8-202)

12.20-2


The following words or phrases shall have the following

meanings unless the context otherwise clearly requires:

“Lot” includes the partial lots or single graves in the

municipal cemetery.

“Lot owner or purchaser” and “grave owner or purchaser”

means the owner or purchaser of burial privileges

or the collateral right of use of any burial lot

evidenced by a deed or burial right for a described

lot or by proved and recognized descent or devise

from the original owner. (Prior code § 8-201)


All cemeteries owned and/or maintained by the

municipality or which may hereafter be acquired by the

municipality wherever situated are declared subject to the

provisions of this chapter. (Prior code § 8-203)

12.20.040 Cemetery superintendent-Office created.

There is created the position of cemetery superintendent.


12.20.050 Cemetery superintendent-Duties.

The cemetery superintendent shall have the general

supervision and administration of the municipal cemetery

including, but not limited to:

A. Recommending to the governing body such additional

rules and regulations as may be necessary for the

operation, maintenance, use and protection of the

cemetery;

B. Subdividing the cemetery into lots and grave sites;

C. Maintaining a record of the location of the graves

and preventing any lot from being used beyond its

capacity;

D. Keeping in proper repair the enclosure around the

cemetery and preventing its being entered by

animals and, so far as practical, preventing the

destruction or defacing of any tablet or marker

placed or erected therein;

E. Keeping a duplicate plat of the cemetery and, at

the request of any person wishing to purchase any

of the lots or parts of lots, pointing out any of

the lots or parts of lots for sale; and upon

disposal of any lots or parts thereof, notifying

the recorder/clerk of such fact. The recorder/clerk

shall, after payment of the lot price has been

received in the treasury, issue a certificate of

burial rights which shall describe the lot or grave

to which the right to burial is granted. The

certificate shall be signed by the mayor and the

recorder/clerk;

F. Opening any graves in the cemetery upon application

to him being made by the recorder/clerk or by any

12.20-3

person having the right to make such application

and being responsible for closing all graves;

G. Removing floral pieces or displays left on any

grave as deemed necessary to the appearance of the

cemetery, but such floral pieces or displays shall

not be removed sooner than five days after original

placement except in emergencies;

H. Keeping the streets, alleys, walks and avenues in

the cemetery in good order and unobstructed;

I. Erecting a suitable marker firmly set upon the

northwest corner of each lot with the number of the

lot inscribed thereon and which location shall be

shown on the cemetery records. (Prior code § 8-212)

12.20.060 Burials-Permit required.

Before any deceased person is buried in the municipal

cemetery, a permit properly issued by the registrar of the

registration district in which the death occurred or, in the

absence of such registrar, a permit duly issued by the State

Division of Health or other authorized person shall be

required by the cemetery superintendent. After burial, the

cemetery superintendent shall endorse upon the permit a de-

scription of the location where the deceased is buried and

shall enter all of the information contained in the permit in

the cemetery records. (Prior code § 8-221)

12.20.070 Burials-Certificate of burial right required.

It is unlawful for any person to bury the body of a

deceased person in the municipal cemetery without first

obtaining a certificate of burial right for the lot used or

producing satisfactory evidence of a right to burial based on

a properly acquired certificate of burial right. (Prior code §

8-222)

12.20.080 Burials-Information to be recorded.

Before any deceased person may be buried in the municipal

cemetery, the relatives or person having charge of the

deceased shall provide the recorder/clerk with a written

statement which shall be filed by the recorder/clerk, which

statement shall contain, if known, information about the

deceased regarding his or her name, when and where born, the

date and cause of death, the name of the attending physician,

date of burial, name of cemetery and the description of the

location of the grave. (Prior code § 8-223)

12.20.090 Disinterment-Prohibitions.

It is an infraction for any person to:

A. Disinter any body buried in any cemetery, except

under the direction of the cemetery superintendent

who shall, before disinterment, require a written

permission from both the municipal health officer

and the owner of the lot or his or her heirs, which

written authorization shall be filed and preserved

in a record kept for such purposes;

12.20-4

B. Disinter or remove the body of a person who has

died from a contagious disease within two years

after the date of burial, unless the body was

buried in a hermetically-sealed casket or vault and

is found to be so incased at the time of

disinterment. (Prior code § 8-224 (A))

12.20.100 Interment of nonhuman remains prohibited.

It is an infraction to inter anything other than the

remains of human bodies in cemeteries. (Prior code § 8-224

(B))

12.20.110 Interment of human remains in cemetery required.

It is an infraction to bury the body of any person within

this municipality except in the municipal cemetery or a

private cemetery, unless by special permission of the

governing body under such rules and regulations that it may

prescribe. (Prior code § 8-224 (C))

12.20.120 Vaults required.

A. Unless in writing waived by the cemetery

superintendent, it is unlawful for any person to be

buried in the cemetery unless the casket shall be

placed in a vault made of concrete, fiberglass,

steel or brick-lined, or of such other material

approved by the governing body, substantially

constructed and covered with a similar durable

material.

B. No wood shall be used as a permanent part of the

construction of any part of the vault. (Prior code

§ 8-225)

12.20.130 Appointment for religious and fraternal

organizations.

The municipality may contact with religious and fraternal

organizations to designate a reasonable portion of the

cemetery in which burials may be restricted to members of such

religious and fraternal organizations and their families.


12.20.140 Lot and grave site sales-Rules and regulations.

Every lot or single grave sold is subject to rules and

regulations that have been or may be adopted. The rules and

regulations shall be subject to such changes as are found

necessary for the protection of lot owners, the remains of the

dead and the preservation of the cemetery. (Prior code § 8-

227)

12.20.150 City's right to provide upkeep.

The municipality reserves the right to enter upon any

grave and to perform all work necessary for the care and

upkeep of all lots and graves in the cemetery. (Prior code §

8-228)

12.20-5

12.20.160 Phone orders-Responsibility for errors.

Under no circumstances will the municipality assume

responsibility for errors in opening graves when orders are

given by telephone. (Prior code § 8-229)

12.20.170 Traffic rules.

A. The provisions of the municipal traffic ordinances

relative to the operation of vehicles and conduct

of pedestrians shall be in effect in the cemetery,

except as herein otherwise modified by this

chapter.

B. It is unlawful for any person to ride or drive

within the municipal cemetery at a speed greater

than ten miles per hour. (Prior code § 8-230)

12.20.180 Children.

Children under the age of twelve years shall not be

allowed in cemeteries unless accompanied by their parents or

other adults, except for the purposes of attending authorized

funerals or, in the company of adults, placing flowers on the

grave of a deceased relative or friend or performing any other

customary evidence of respect in accordance with their reli-

gious principles. (Prior code § 8-231)

12.20.190 Animals.

No animal shall be allowed in any cemetery except in the

confines of a vehicle and must be at all times retained within

the confines of the vehicle while the vehicle remains in the

cemetery. (Prior code § 8-232)

12.20.200 Decorum.

Cemetery grounds are sacredly devoted to the interment

and repose of the dead. Strict observance of decorum due such

a place shall be required of all persons. (Prior code § 8-233)

12.20.210 Vandalism.

A. It is a class B misdemeanor for any person to tie

or attempt to tie any horse, animal or motor

vehicle to any monument, gravestone, tablet, mark-

er, tree, shrub, fence or enclosure on the premises

of the cemetery for the purpose of injuring, defac-

ing or attempting the removal of same.

B. It is an infraction for any person to injure,

deface, break, destroy or remove any headstone,

tombstone, monument, tree, shrub or any other

property in the cemetery. (Prior code § 8-234)

12.20.220 Landscaping.

Except as provided by the rules and regulations of the

governing body, it is unlawful for any person to erect or

maintain any fence, corner post, coping or boundary of any

kind, to plant any vegetation upon any lot or lots, street,

alley or walk in the cemetery or to grade the ground thereof.

12.20-6

The cemetery superintendent shall, whenever required, furnish

the true lines of any lots according to official survey, shall

prevent and prohibit any markings of the same except by

official landmarks, and shall prevent and prohibit any grading

thereof that might destroy or interfere with the general slope

of the land. (Prior code § 8-235)

12.20.230 Placement of markers.

It is unlawful for any person to erect, place or cause to

be placed any marker or monument on any lot in the cemetery in

violation of the rules and regulations promulgated by the

governing body regarding the placement, construction and

design of all such markers. (Prior code § 8-236)

12.20.240 Additional rules and regulations.

A. The governing body may promulgate by resolution

such additional rules and regulations concerning

the care, use, operation and maintenance of the

cemetery as it shall deem necessary.

B. The mayor may from time to time as the governing

body deems necessary direct and publish a booklet

of rules and regulations for the convenience of the

purchasers of lots in the municipal cemetery. Such

rules and regulations shall constitute a part of

the terms and conditions under which owners and

users may utilize the cemetery and shall form a

supplement to the ordinance codified in this

chapter after they have been adopted as official by

resolution of the governing body.

C. Any changes in the rules and regulations shall be

adopted by the governing body before such charges

shall be official. (Prior code § 8-237)

12.20.250 Fees-Collection authority.

The recorder/clerk, and such other persons as the

governing body may designate, are authorized and required to

collect in advance prices and fees for the opening and closing

of graves or other services which shall include, but not be

limited to, properly disinterring bodies and properly re-

storing the earth and grounds, recording each burial,

disinterment or removal, and raised monument privileges. The

fees shall be such amounts as are determined by the governing

body from time to time by resolution. (Prior code § 8-241)

12.20.260 Fees-Grave openings-Prepayment required-Exception.

A. No grave shall be opened in the municipal cemetery

until payment of a fee for the labor and expense in

so opening the grave shall be paid.

B. The presentation of a receipt from the record-

er/clerk or person designated by the governing body

when presented to the cemetery superintendent,

shall be authority to open a grave for the burial

of a deceased person. However, upon a contract

being entered into between any mortician and the

12.20-7

municipality wherein the mortician agrees to be

responsible and liable for fees for the opening of

a grave, and wherein that mortician will be

personally liable for such fees and for perpetual

care payments, the recorder/clerk or authorized

person may give the cemetery superintendent

authority to open graves without the presentation

of a receipt from the recorder/clerk or authorized

person. (Prior code § 8-242)

12.20.270 Size and price of lots and fees-Determination.

The governing body shall from time to time by resolution

fix the size of lots, the price at which burial rights shall

be sold and the fees which shall be charged for the various

cemetery services to be provided. (Prior code § 8-243)

12.20.280 Fees-Resident/Nonresident defined.

For the purpose of determining the purchase price or

repurchase price of cemetery spaces or burial rights and the

cost of opening/closing services, a ―resident‖ is a person who

resides within Hyrum City limits or within the bounds of the

policy declared area reserved for future annexation at the

time the burial space is purchased and/or the opening/closing

services required. All other persons are considered

―nonresidents.‖ (Ord. § 90-03 (part): prior code § 8-244)

12.20.290 Fees-Designated.

A. A cemetery lot shall consist of four burial spaces

and each burial space or burial right thereto,

including the perpetual care thereof, shall be ob-

tained from the city for a fee of one hundred

dollars to city residents and two hundred fifty

dollars to nonresidents, or four hundred dollars

per lot to city residents and one thousand dollars

to nonresidents.

B. Opening/closing fees for adult-size graves are set

at one hundred dollars per grave for residents and

one hundred fifty dollars per grave for nonresi-

dents.

C. Opening/closing fees for infant-size graves are set

at fifty dollars per grave for residents and

seventy-five dollars per grave for nonresidents.

D. To qualify as a resident, a person must reside

within Hyrum City limits or within the bounds of

the policy declared areas reserved for future

annexation at the time the burial space is

purchased and/or the opening/closing services

required. All others are considered nonresidents.

(Res. 89-05 § 1C4; Res. 81-192)

12.20.300 Lots-Sale.

A. The recorder/clerk, and such other person as the

governing body may designate, are authorized to

sell the use of lots in the municipal cemetery for

12.20-8

burial purposes only and to collect all sums

arising from the sale. The recorder/clerk shall

keep a complete record of all sales, which record

shall describe the location of the lot purchased

and the price paid therefor. The recorder/clerk or

designated person shall deliver to each purchaser a

certificate of burial rights for each lot

purchased, which certificate shall, among other

things, describe the location of the lot, the pur-

chase price and the type of maintenance services

which are to be provided, e.g., perpetual care,

prepaid continued maintenance or currently paid

services.

B. A certificate and rights to burial shall be exempt

from execution, taxation or assessment for care and

maintenance from and after full payment of the

purchase price. Payments made pursuant to this

section shall not be construed to be in payment for

cemetery services other than perpetual care or

prepaid maintenance.

C. Perpetual care or prepaid continued maintenance

shall be deemed to include the filling of the

grave, the placing of topsoil upon the grave,

seeding the grave with grass, and watering and

cutting the grass. No other services are included.

D. No other improvements, changes or service, except

perpetual care or prepaid continued maintenance

shall be made on any lot without the certificate

holder or his heirs first submitting to and re-

ceiving from the cemetery superintendent, written

approval for such improvements, changes or servic-

es, which improvements, changes or services shall

be subject to the rules and regulations promulgated

by the governing body. (Prior code § 8-251)

12.20.310 Lots-Resale restrictions.

A. From and after June 1, 1990, any person owning

spaces or burial rights in the Hyrum City cemetery

shall not further sell, transfer, convey or assign

the spaces or rights to any person or entity other

than Hyrum City; except that nothing herein shall

prevent the holder of a cemetery space or burial

right from transferring the space or right to a

member of his or her immediate family. ―Immediate

family,‖ for the purpose of this chapter, is de-

fined as parents and children or brothers and

sisters. If the person to whom the space is trans-

ferred is a nonresident, as defined in Section

12.20.280, the person shall remit to the city the

difference between the current charge per space for

residents and the current charge per space for non-

residents. The city agrees to buy back any

municipal cemetery space or burial right which it

may hereafter resell. The repurchase of such spaces

or burial rights shall be one hundred dollars per

12.20-9

burial space or right whether repurchased from a

resident or a nonresident. The repurchase amount

may be changed from time to time by resolution.

B. Whenever a certificate to burial rights or lots

reverts to the municipality, as provided for this

chapter, or becomes vested in the municipality for

any reason, before new certificates are issued, the

original certificate shall be canceled or an

assignment given and the record shall be so

changed.

C. The certificates shall be issued and signed by the

mayor and shall be attested by the recorder/clerk.

All lots or parts of lots, as provided in this

section, together with all improvements, shall be

exempt from execution and from taxation and as-

sessment for care and maintenance charges from and

after the payment. (Ord. 90-03 (part); prior code §

8-252)

12.20.320 Contracting for perpetual care-Default.

Purchase of a lot with perpetual care shall provide for

collection by the municipality in event of a default and such

collection shall be by civil action, and the defendant therein

shall pay the cost of collection, together with a reasonable

attorney's fee to the municipality, and shall also pay

interest at the rate of eight percent per annum upon the past-

due installments. All installments shall immediately become

due upon the default of any of the installments; provided,

however, that when perpetual care for any lot in the municipal

cemetery or portion thereof, has not been paid for a period of

ten years, then, and in such an event, the unused portion of

the lot shall thereafter escheat to the municipality, and the

title thereof shall revert to this municipality, which shall

thereafter have the right, option and privilege to sell and

dispose of unused cemetery property, as in this chapter

provided, upon condition that this municipality shall

thereafter maintain perpetually without cost or fee the

portion of the lot occupied by a grave or graves prior to the

date when the remaining property escheated to this mu-

nicipality. (Prior code § 8-261)

12.20.330 Maintenance charges on lots without perpetual care.

A. Every lot for which perpetual care has not been

purchased and with reference to which the owner has

established a right to directly provide for

maintenance and care, notwithstanding the provi-

sions of Section 12.20.150, shall be maintained and

cared for to the extent and in accordance with

standards established by the governing body for

care and maintenance of all lots of the cemetery.

B. In the event that the owner fails to provide the

requisite care and maintenance for non-perpetual

care lots, the cemetery superintendent shall

furnish care and maintenance at rates established

by the governing body.

12.20-10

C. All such charges shall become a personal liability

of the owner of the lots and, in addition thereto,

shall constitute a lien against the lots upon the

basis of which the governing body may cause the

burial rights therein to be forfeited and the

rights to revert to the municipality. (Prior code §

8-281)

12.20.340 Failure to pay cost of services-Remedies.

A. When any owner of any lot or portion of a lot in

the cemetery shall have failed to pay the cost of

services rendered by the municipality or its em-

ployees in watering, beautifying, maintaining or

caring for any lots or portions thereof in the

municipal cemetery for which perpetual care has not

been purchased in accordance with the provisions of

this chapter, and such failure to pay has continued

for a period of six months, the municipality may

pursue collection of such costs in a court of law.

A court action may be pursued for the purpose of

seeking judgment against the owner and thereafter

attaching any of the assets of the owner including

an attachment of the lots or portions of lots upon

which the owner has failed to make payment for

maintenance service.

B. As an additional remedy, or in lieu of seeking

collection in a court of law, the municipality may

cancel the owner's certificate or deed representing

rights to burial on the unoccupied lots or portions

of lots and causing ownership of lots or portions

thereof to revert back to the municipality by

following the procedure set forth in this chapter.


12.20.350 Failure to pay cost of services-Reversion of lot to

city-Procedure.

A. The municipality may terminate the owner's right to

use of unoccupied lot or lots in the municipal

cemetery when there has been a six-month failure to

pay the costs of maintenance provided by the

municipality in the following manner:

1. The governing body shall fix a time and place

of hearing before the governing body at which

the owner shall be given the opportunity to

present good cause as to why his right to

future use of the lot or lots involved shall

not be terminated and as to why the ownership

of the lot or portions of lot shall not revert

back to the municipality for resale by it.

2. A notice of the time, place and purpose of the

hearing to forfeit the owner's interest in the

lot or parts of the lot shall be given by

personal delivery of a written notice of the

time, place and purpose of meeting or the

governing body or by mailing a copy of the

12.20-11

notice to the last-known address of the owner

or owners.

3. In the absence of an ability to make personal

delivery of the written notice to the owner or

owners, a notice of the hearing to forfeit

rights to the lot or portions of lot shall be

published at least once in a newspaper having

general circulation in the county. The

publication shall be made at least three weeks

prior to the date of the hearing.

4. If the owner is known to be deceased, then

mailing of notice or delivery of notice shall

be made to the last-known address of any known

heirs.

5. Copies of the notice shall also be posted in a

conspicuous place in the office of the munici-

pality.

6. At the time and place set for the hearing

before the governing body, the governing body

shall give the owner or owners an opportunity

to be heard, a right to present witnesses and

to submit evidence showing cause why the lot

or portions of the lot shall not be forfeited

to the municipality.

B. After due consideration of all the facts presented

at such hearing, the governing body may order, if

it finds that there has been a failure to make

payment of such costs or if no satisfactory

arrangement has been proferred for making the

immediate payment of such costs, that the lot or

portions of lot shall revert to the municipality

for resale and that all of the rights and

privileges of the owner in the lot or lots are

terminated.

C. Thereafter, the municipality may make sale of the

lots in the same manner as it makes sales of all

other lots within the cemetery. (Prior code § 8-

283)

12.20.360 Burial of indigents.

A. The governing body may by resolution designate a

portion of the municipal cemetery to the burial of

indigents. Whenever it is made to appear to the

mayor by proof submitted to him by the

recorder/clerk that any person who has died does

not have an estate sufficient to pay the purchase

price of a lot in the cemetery, and that the

nearest relative or representative of such deceased

person desires to have the body of such deceased

interred in the cemetery, the mayor may grant

burial space for such deceased person at the re-

quest made to him by the recorder/clerk.

B. The mayor shall communicate his decision to both

the recorder/clerk and the cemetery superintendent.

The mayor shall give report of his decision,

12.20-12

whether affirmative or negative, to the governing

body at its next regular meeting. All strangers

without funds or other persons who may die in the

municipality may be granted the privilege granted

herein. (Prior code § 8-291)

12.22-1

Chapter 12.22

HYRUM CITY TREE ORDINANCE

Sections:

12.22.010 Created-Compensation

12.22.020 Purpose

12.22.030 Term of office

12.22.040 Duties and responsibilities

12.22.050 Operation

12.22.060 Definitions

12.22.070 Notification to Blue Stakes

12.22.080 Tree species list

12.22.090 Spacing

12.22.100 Distance from curb and sidewalk

12.22.110 Distance from street corners and fire

hydrants

12.22.120 Utilities

12.22.130 Public tree care

12.22.140 Abutting property owners responsibility

12.22.150 Abuse or mutilation

12.22.160 Protection near construction activities

12.22.170 Valuation of trees-compensation to City

12.22.180 Tree topping

12.22.190 Pruning, corner clearance

12.22.200 New development plantings

12.22.210 Tree removal on private property

12.22.220 Removal of stumps on public property

12.22.230 Tree removal on public property-permit

required

12.22.240 Review by City Council

12.22.250 Reports and records

12.22.010 Created – Compensation.

There is created a Hyrum City Tree Board to be composed

of seven members. All members at the time of appointment and

throughout their term will be residents of Hyrum City.

Members shall be appointed by the Mayor with the advice and

consent of the City Council and shall be selected without

regard to political consideration and solely upon their

qualifications for the position. Five members will be

citizens at large, one shall be from the Hyrum City Parks

Department, and one shall be for the Hyrum City Power

Department. All members shall service without compensation,

except for reasonable expenses incurred in performing their

duties as members of the Tree Board.

12.22.020 Purpose.

It is the purpose of the Tree Board to assist in

enhancing and beautifying the public and private landscape of

Hyrum City. It is also its purpose to aid in promoting public

safety and welfare by abating hazardous conditions. It is

further of public interest to preserve and enhance existing

12.22-2

natural wooded areas owned by Hyrum City.

12.22.030 Term of Office.

The term of the citizens at large shall stagger. Each

member of the Tree Board shall serve for a term of three years

and until his successor is appointed, providing that the term

of the first members shall be such that the term of two

members shall expire each year. Members of the City Parks and

Power Departments are permanent positions and can be changed

by recommendation from the Department Head to the Mayor and

City Council. In the event that a vacancy shall occur during

the term of any member of the Tree Board, their successor

shall be appointed by the Mayor for the unexpired portion of

the term.

12.22.040 Duties and Responsibilities.

It shall be the responsibility of the Hyrum City Tree

Board to study, investigate, counsel and develop and/or update

annually a written plan for the care, preservation, pruning,

planting, replanting, removal or disposition of street and/or

park trees along street and other public areas within Hyrum

City. This written plan will be presented annually to the

City Council in January and upon their acceptance and approval

shall constitute the official City Tree Plan for Hyrum City

(fiscal year July-June). This plan will also designate the

annual Arbor Day observance. The Tree Board shall consider,

investigate, make finding reports and recommendations in

special matters as requested by the City Council. It will

also be the duty of the Tree Board to make recommendations to

the Planning Commission and/or City Council regarding all

residential, City or commercial subdivisions and/or

developments and City Park tree plantings.

12.22.050 Operation.

The members of the Tree Board shall elect one of their

own members as chairman and such other officers as deemed

necessary, and shall adopt rules and regulations for their

organization and for the transaction of business.


A. Street Trees

1. Street trees are defined as trees, shrubs,

bushes, and all other woody vegetation on land

lying between property lines on either side of

all streets, avenues, or ways within Hyrum

City.

B. Park Trees

1. Park trees are defined as trees, shrubs,

bushes, and all other woody vegetation in

public parks and all areas owned by Hyrum

City, or to which the public has free access.

C. Planting Strip

1. Planting strip is defined as that area in the

public right-of-way between the curb and the

12.22-3

sidewalk, if such exists, or if not it is the

area in the public right-of-way that exists

between the road and the adjoining private

property.

12.22.070 Notification to Blue Stakes.

In any and all plantings, a Blue Stakes representative

must be notified and the property shall be marked for any gas,

utility, or other significant lines. They may be contacted at

1-800-662-4111.

12.22.080 Tree Species List.

The Hyrum City Tree Board shall develop and maintain a

list of desirable trees for planting along streets in three

size classes based on mature height:

A. Small

1. under 20 feet

B. Medium

1. 20 to 40 feet

C. Large

1. over 40 feet

12.22.090 Spacing.

The spacing of trees shall be in accordance with the

three species classes listed in Section 12.22.080 of this

ordinance, and no trees shall be planted closer together than

the following:

A. Small trees

1. 20 feet

B. Medium trees

1. 30 feet

C. Large trees

1. 40 feet

except in special plantings designed by the Tree Board in

accordance with the City Tree Plan.

12.22.100 Distance from Curb and Sidewalk.

Trees to be planted shall be evenly spaced between curbs

and sidewalks or surrounding infrastructure as to prevent

damage to sidewalks, curbs, or other existing property.

12.22.110 Distance for Street Corners and Fire Hydrants.

No tree shall be planted within 35 feet of any street

corner, measured from the point of the nearest intersecting

curbs or curb lines. No street trees shall be planted within

10 feet of any fire hydrant.

12.22.120 Utilities.

No tree on public or private property, other than those

listed as small trees in Section 12.22.080 of this ordinance,

shall be planted under or within 10 feet of any overhead

utility wire.

12.22-4

12.22.130 Public Tree Care.

The City shall have the right to prune, maintain and

remove trees, plants and shrubs within the lines of all

streets, alleys, avenues, lanes, squares and public grounds,

as may be necessary to insure public safety or to preserve or

enhance the symmetry and beauty of such public grounds.

The City Tree Board may make recommendation of removal of

any tree or part thereof which is an unsafe condition which by

reason of its nature is injurious to sewers, electric power

lines, gas lines, water lines, or other improvements, or is

affected with any injurious fungus, insect, or pest.

No person shall remove, cut down above or below ground

any tree on public property without first consulting with and

receiving written permission from the City Tree Board

(12.22.230).

12.22.140 Abutting Property Owners Responsibility.

The owner of the property abutting planting strips along

public rights-of-way shall be responsible for the maintenance

and control of any lawn or shrubbery growing in said planting

strip to the extent of preventing infringement of vegetation

of gutters, streets, and sidewalks, and maintaining the

property in an acceptable and well maintained manner. The

owner of abutting property shall be responsible for the

watering and general care of trees located in the planting

strip abutting their property.

12.22.150 Abuse or Mutilation.

No person shall be allowed to cut, carve, break,

transplant, remove, mutilate, or otherwise damage or kill any

tree on City property; to attach any rope, wire, nails,

advertising poster, or other contrivance to any tree on City

property; or to allow any gaseous, liquid, or solid substance

which is harmful to trees to come in contact with any tree on

City Property.

12.22.160 Protection near Construction Activities.

Any tree on City property in the immediate vicinity of

any excavation, demolition, or construction site of any

building, structure, or street work, which in the City’s

discretion has any potential for injury or damage shall be

guarded with a substantial fence, frame, or box.

12.22.170 Valuation of Trees – Compensation to City.

Anyone who causes damage or destruction to a tree on City

property, without proper permission from the City Tree Board

shall compensate the City for such damages. The damages shall

be determined by the City using the methodology of the

International Society of Arboricultural/council of Landscape

Appraisers. If malicious intent can be shown, then treble

damage shall be assessed. The City Attorney may take whatever

action is necessary in a court of competent jurisdiction to

12.22-5

collect such damages that are not voluntarily paid after

assessment. Any funds collected for tree damage shall be

earmarked for use in tree enhancement with Hyrum City.

12.22.180 Tree Topping.

It shall be unacceptable as a normal practice for any

person, firm, or City department to top any street tree, park

tree, or other tree on public property. Topping is defined as

the severe cutting back of limbs to stubs larger than three

inches in diameter within the tree’s crown to such a degree as

to remove the normal canopy and disfigure the tree.

12.22.190 Pruning, Corner Clearance.

Every owner of any tree overhanging any street right-of-

way within Hyrum City shall prune the branches so that such

branches shall not obstruct the light from any street lamp or

obstruct the view of any street intersection and so that there

shall be a clear space of eight feet above the street or

sidewalk surface. Said owners shall remove all dead, diseased

or dangerous tree, or broken or decaying limbs which

constitute a menace to the safety of the public. Upon prior

notification the City shall have the right to prune any tree

or shrub on private property when it interferes with the

proper spread of light along the street from a street light,

or interferes with visibility of any traffic control device or

sign or sight triangle at intersections. Tree limbs that grow

near high voltage electrical conductors shall be in compliance

with any applicable franchise agreements. A utility tree

trimming policy must be reviewed by the utility company and

the Hyrum City Tree Board prior to any trimming by the utility

company.

12.22.200 New Development Plantings.

With new residential, commercial, or industrial

development (of any size or type), the developer shall be

responsible for new street tree plantings. The developer must

purchase and plant into the public right-of-way, two trees, no

smaller than 1 ½ inches caliper, for every 12,000 square foot

lot. The trees must conform in species and spacing as

provided for in this ordinance (12.22.080 & 12.22.090).

Prior to final plat plan approval by the Planning

Commission, the developer will submit to Hyrum City a deposit

of 120% of the cost of new street trees. This deposit will be

held in trust until the planting and establishment of such

trees, as stated in Section 4.23 Landscaping of the Hyrum City

Municipal Code, is accomplished. If the planting is not

completed as agreed upon, Hyrum City will use the money for

purchasing and planting such trees.

12.22.210 Tree Removal on Private Property.

The City shall have the right to cause the removal of any

dead or diseased tree(s) on private property within the City,

when such trees constitute a hazard to life and property, or

12.22-6

harbor insects or disease that constitute a potential threat

to other trees within the City. The Tree Board will notify in

writing the owners of such trees. Removal shall be done by

said owners at their own expense within sixty days after the

date of service of notice. In the event of failure of owners

to comply with such provisions, the City shall have the

authority to remove such trees and charge the cost of removal

on the owner’s utility bill.

12.22.220 Removal of Stumps on Public Property.

All stumps of street trees and park trees shall be

removed below the surface of the ground so that the top of the

stump shall not project above the surrounding surface of the

ground.

12.22.230 Tree Removal on Public Property – Permit Required.

No person shall remove or otherwise seriously disturb any

tree on any City-owned property without first filing an

application and procuring a permit from the Tree Board. The

person receiving the permit shall abide by the arboricultural

specifications adopted by the board.

Application for permits must be made with the board not

less than 48 hours in advance of the time work is to be done.

Although certain allowances may be given when deemed

appropriate to enable full use of resources retained by the

City.

The Tree Board shall issue the permit provided herein if,

in its judgement, the proposed work is desirable and the

proposed method and workmanship thereof are of a satisfactory

nature. Any permit granted shall contain a definite date of

expiration and the work shall be therein described. Any

permit shall be void if its terms are violated.

In the event that such work exceeds a cost of $1,000.00,

it shall be required that any person or firm engaged in the

business or occupation of pruning, treating, or removing

street or park trees within the City first apply for and

procure an arborist’s license and bond, however, that no

license shall be required by any City Department doing work in

the pursuit of their public service endeavors.

Before any permit shall be issued, each applicant shall

first file evidence of possession of liability insurance in

the minimum amount of $300,000.00 for bodily injury and

$150,000.00 property damage resulting from the pursuit of such

endeavors as herein described.

Notice of completion shall be given within five days to

the board for its inspection.

12.22.240 Review by City Council.

The Hyrum City Council shall have the right to review the

12.22-7

conduct, acts, and recommendations of the Hyrum City Tree

Board. Any person may appeal any action of the Hyrum City

Tree Board to the Hyrum City Council for final decision.

12.22.250 Reports and Records.

Reports of official acts and recommendations of the Tree

Board shall be public and shall be made in writing and held at

the City Office. (Ord. 03-07)

12.22-8

12.24-1

Chapter 12.24

EXCAVATION PERMIT ORDINANCE

Sections: 12.24.010 Definitions.

12.24.020 Permit Required; Basis for Issuance.

12.24.030 Permit Application Requirements.

12.24.040 Emergency Work.

12.24.050 Permit Fees.

12.24.060 Permit - Contents - Duration and Extensions.

12.24.070 No Transfer or Assignment.

12.24.080 Compliance with Specifications, Standards,

Traffic-Control Regulations; Site Permittee

Identification.

12.24.090 Other Highway Permits.

12.24.100 Relocation of Structures in Public Ways.

12.24.110 Impact of Excavation on Existing Improvements.

12.24.120 Restoration of Public Property.

12.24.130 Insurance Requirements.

12.24.140 Bond - When Required, Conditions, Warranty.

12.24.150 Hold Harmless Agreement; Limitations on City

Liability.

12.24.160 Work without Permit - Penalty.

12.24.170 Failure to Comply; Default in Performance.

12.24.180 Failure to Conform to Design Standards -

Penalty.

12.24.190 Appeal of Suspension, Revocation, or Stop

Order.

12.24.200 Tampering with Traffic Barricades.

12.24.210 Conflict with Governing Provisions.

12.24.220 Violation - Penalty.


Unless the context specifically indicates otherwise, the

meaning of terms used in this ordinance shall be defined as

follows:

A. “Applicant” means any person who makes application

for a permit.

B. “Business” means any place in the City in which

there is conducted or carried on principally or

exclusively any pursuit or occupation for the

purpose of gaining a livelihood.

C. “City” means Hyrum City, a municipal corporation of

the State of Utah.

D. “City Engineer” means the City Engineer, or other

authorized representative of the City designated by

the Mayor or City Council.

E. “Emergency” means any unforeseen circumstances or

occurrence, the existence of which constitutes an

immediate danger to persons or property, or which

causes interruption of utility or public services.

F. “Engineering Regulations, Regulations,

12.24-2

Specifications, and/or Design Standards” mean the

latest version of the engineering regulations,

specifications, design standards or criteria

published or adopted by the City, in either

ordinance, code, or policy form.

G. “Excavation” means cutting, breaking, or digging

into, and/or the removal of any asphalt, concrete,

and/or earth material from City streets, rights-of-

way or other municipal property. Excavation does

not include scraping the shoulders or other non-

asphalt portions of the streets or barrow for the

purposes of leveling, removing weeds, or the

application of fresh gravel.

H. “Failure” means a work site restoration, which

fails to meet City specifications, or which results

in a deteriorated or substandard condition within

the duration of the warranty period. Failure may

be settlement of surfaces, deterioration of

materials, or other surface irregularities.

Measurement of failure shall be further defined in

the engineering regulations.

I. “Infrastructure Provider” means a person providing

to another, for the purpose of supplying telecom-

munication, television, internet, natural gas, or

other utility service to customers, all or part of

the necessary system, which uses the right-of-way.

J. “Operator” means any person who provides service

over a utility system and directly, or through one

or more affiliates, owns a controlling interest in

such system, or who otherwise controls or is

responsible for the operation of such a system.

K. “Permittee” means any person which has been issued

a permit and thereby has agreed to fulfill the

requirements of this Chapter.

L. “Person” means and includes any natural person,

partnership, firm, business, association, provider,

corporation, company, organization, or entity of

any kind.

M. “Pipe Driveway” means a driveway approach which

uses a pipe or other means to bridge the gutter.

N. “Property Owner” means person or persons who have

legal title to property and/or equitable interest

in the property, or the ranking official or agent

of a company having legal title to property and/or

equitable interest in the property.

O. “Provider” means an operator, infrastructure

provider, reseller, system lessee, or public

utility company.

P. “Public Utility Company” means any company subject

to the jurisdiction of the Utah State Public

Service Commission, or any mutual corporation

providing gas, electricity, water, telephone, or

other utility product or services for use by the

general public, except the departments of Hyrum

12.24-3

City and those employees acting in their official

capacity within those departments.

Q. “Public Way” means and includes all public rights-

of-way and easements, public footpaths, walkways

and sidewalks, public streets, public roads, public

highways, public alleys, and pubic drainage ways.

It does not, however, include utility easements not

within public ways of the City.

R. “Private Drain Line” means a pipe installed solely

for the transmission of water collected or

generated on private property such as drainage,

spring, or storm water, or condensate into the

public drainage system.

S. “Reseller” refers to any person who provides

service over a system for which a separate charge

is made, where that person does not own or lease

the underlying system used for the transmission and

does not install any system in the rights-of-way.

T. “Resident” means the person or persons currently

making his/her home at a particular dwelling.

U. “Storm Drain” means a dedicated pipe, conduit,

water way, or ditch installed in a right-of-way or

easement for the transmission of storm and drainage

water. This term does not include private drain

lines.

V. “System” means all conduits, pipes, manholes,

poles, antennas, transceivers, amplifiers and all

other electronic devices, equipment, wire, and

appurtenances owned, leased, or used by a provider

located in the construction, ownership, operation,

use or maintenance of an infrastructure or utility

system.

W. “System Lessee” refers to any person who leases a

system or a specific portion of a system to provide

services

X. “Work Site Restoration” means and includes the

restoring of the original ground or paved hard

surface area to comply with engineering

regulations, and includes but is not limited to

repair, cleanup, backfilling, compaction, and

stabilization, paving, and other work necessary to

place the site in acceptable condition following

the conclusion of the work, or the expiration or

revocation of the permit.

12.24.020 Permit Required; Basis for Issuance.

Except for the exemptions provided in Section

12.24.030(A)(G)(H) of this ordinance, any person desiring to

perform work of any kind in a public way within the City,

shall make application for a permit. The decision by the City

Engineer to issue a permit shall include, among other factors

determined by the City Engineer, the following:

A. The capacity of the public way to accommodate the

facilities or structures proposed to be installed

12.24-4

in the public way;

B. The capacity of the public way to accommodate

multiple wire in addition to cables, conduits,

pipes or other facilities or structures of other

users of the public way, such as electrical power,

telephone, cable television, gas, sewer, and water;

C. The damage or disruption, if any of public or

private facilities, improvements, or landscaping

previously existing in the public way;

D. The public interest in minimizing the cost and

disruption of construction from numerous

excavations of the public way.

12.24.030 Permit Application Requirements.

Application for a permit shall be filed with the City

Engineer on a form or forms to be furnished by the City.

Property owners and/or tenants for whom work is being done

shall be responsible for obtaining the permits, provided,

however, contractors may obtain the permit in the

contractor's name.

A. No person shall be eligible to apply for or receive

permits to do work within the public ways of the

City, save and except the following:

1. Contractors licensed by the state as general

contractors;

2. Utility or public service providers;

3. Property owners installing, replacing, or

maintaining less than five hundred square feet

or one hundred linear feet of sidewalk, curb,

and gutter, or driveway approach, or other

work approved by the City Engineer, upon a

portion of the public way adjacent to their

residence; or

4. Persons offering a service which requires

occupation of the public way, such as scaffold

or staging, staging of a crane, installation

or maintenance of electric signs, glass,

awnings, and painting or cleaning of buildings

or sign boards or other structures.

B. The City Engineer may deny the issuance of permits

to contractors, utility companies, or other permit

applicants who have shown by past performance that

in the opinion of the City Engineer they will not

consistently conform to the engineering

regulations, specifications, design standards, or

the requirements of this Chapter.

C. When necessary, in the judgment of the City

Engineer, to fully determine the relationship of

the work proposed to existing or proposed

facilities within the public ways, or to determine

whether the work proposed complies with the

engineering regulations, construction

specifications and design standards, the City

Engineer may require the filing of engineering

plans, specifications and sketches showing the

12.24-5

proposed work in sufficient detail to permit

determination of such relationship or compliance,

or both, and the application shall be deemed

suspended until such plans and sketches are filed

and approved.

D. It shall be unlawful for any person to commence

work upon any public way until the City Engineer

has approved the application and until a permit has

been issued for such work, except as specifically

approved to the contrary in this Chapter.

E. The disapproval or denial of an application by the

City Engineer may be appealed by the applicant to

the City Council by filing of a written notice of

appeal within ten days of the action of the City

Engineer. The City Council shall hear such appeal,

if written request therefore be timely filed, as

soon as practicable, and render its decision within

a reasonable time following notice of such appeal.

F. In approving or disapproving work within any public

way, or permits therefore, in the inspection of

such work; in reviewing plans, sketches or

specifications; and generally in the exercise of

the authority conferred upon him/her by this

Chapter, the City Engineer shall act in such manner

as to preserve and protect the public way and the

use thereof, but shall have no authority to govern

the actions or inaction of permittees and

applicants or other persons which have no

relationship to the use, preservation or protection

of the public way.

G. It shall be lawful for a City, County, State,

Federal or other government employee to perform

routine maintenance work, not involving

excavations, without first having obtained a permit

therefore.

H. A permit is not required from the City Engineer for

hand digging excavations for installation or repair

of sprinkler systems and landscaping within the

non-paved areas of the public way. However,

conformance to all City specifications is required.

12.24.040 Emergency Work.

A. Any person maintaining pipes, lines, or facilities

in the public way may proceed with work upon

existing facilities without a permit when emergency

circumstances demand the work to be done

immediately; provided a permit could not reasonably

and practicably have been obtained beforehand.

B. In the event that emergency work is commenced on or

within any public way of the City during regular

business hours, the City Engineer shall be notified

within one-half hour from the time the work is

commenced. The person commencing and conducting

such work shall take all necessary safety

precautions for the protection of the public and

12.24-6

the direction and control of traffic, and shall

ensure that work is accomplished according to City

engineering regulations, the Manual on Uniform

Traffic Control Devices and other applicable laws,

regulations, or generally recognized practices in

the industry.

C. Any person commencing emergency work in the public

way during other than business hours without a

permit shall immediately thereafter apply for a

permit or give notice during the first hour of the

first regular business day on which City offices

are open for business after such work is commenced.

A permit for such emergency work may be issued

which shall be retroactive to the date when the

work was begun, at the discretion of the City

Engineer.

12.24.050 Permit Fees.

A. The City shall charge, and the permittee shall pay

upon issuance of the permit, fees for costs

associated with the work performed under the permit

as outlined in the City's fee schedule. Such costs

may include costs for reviewing the project and

issuing the permit, inspections of the project,

deterioration of the public way or diminution of

the useful life of the public way, and other costs

to the City associated with the work to be done

under the permit. All costs shall be assessed in a

non-discriminatory manner and such fees may be

amended from time to time by resolution of the City

Council.

B. The City Engineer may waive permit fees or

penalties or portions thereof provided for in this

Chapter, when he/she determines that such permit

fee or penalty:

1. Pertains to construction or rehabilitation of

housing for persons whose income is below the

median income level for the City; or

2. Pertains to an encroachment on the public way

involving a beautification project which

furthers specific goals and objectives set

forth in the City's strategic plan, master

plans, or other official documents, including

decorative street lighting, building facade

lighting, flower and planter boxes, and

landscaping; or

3. Pertains to excavation completed by City work

crews or by contractors engaged by the city,

working under City supervision, for the

purpose of installing or maintaining city

infrastructure and utility systems.

4. Pertains to work undertaken and completed by a

homeowner, landlord, tenant, renter, etc., for

purposes directly pertaining to the residence

or property owned by or under control of

12.24-7

homeowner, landlord, tenant, renter, etc., or

the lot or property upon which said residence

is situated, providing such work is neither

sublet to nor performed by a contractor. Such

work may include installation or connection of

sprinkling system on City right-of-way.

C. Additional charges to cover the reasonable cost and

expenses of any required engineering review,

inspection, and work site restoration associated

with each undertaking may be charged by the City to

each permittee, in addition to the permit fee.

12.24.060 Permit - Contents - Duration and Extensions.

A. Each permit application shall state the starting

date and estimated completion date. Work shall be

completed within five days from the starting date

or as determined by the City Engineer. Such

determination shall be based upon factors

reasonably related to the work to be performed

under the permit. Such factors may include, in

addition to other factors related to the work to be

performed, the following:

1. The scope of work to be performed under the

permit;

2. Maintaining the safe and effective flow of

pedestrian and vehicular traffic on the public

way affected by the work;

3. Protecting the existing improvements to the

public way impacted by the work;

4. The season of the year during which the work

is to be performed as well as the current

weather and its impact on public safety and

the use of the public way by the public;

5. Use of the public way for extraordinary events

anticipated by the City.

6. The City Engineer shall be notified by the

permittee of commencement of the work within

twenty-four hours prior to commencing work.

The permit shall be valid for the time period

specified in the permit.

B. If the work is not completed during such period,

prior to the expiration of the permit, the

permittee may apply to the City Engineer for an

additional permit or an extension, which may be

granted by the City Engineer for good cause shown.

C. The length of the extension requested by the

permittee shall be subject to the approval of the

City Engineer. No extension shall be made that

allows work to be completed in the winter period

without payment of winter fees.

12.24.070 Permit - No Transfer or Assignment.

Permits shall not be transferable or assignable, and work

shall not be performed under a permit in any place other than

that specified in the permit. Nothing herein contained shall

12.24-8

prevent a permittee from subcontracting the work to be

performed under a permit; provided, however, that the holder

of the permit shall be and remain responsible for the

performance of the work under the permit, and for all bonding,

insurance, and other requirements of this Chapter and under

said permit.

12.24.080 Compliance with Specifications, Standards, Traffic-

Control Regulations; Site Permittee Identification.

A. The work performed in the public way shall conform

to the requirements of the engineering regulations,

design standards, construction specifications and

traffic control regulations of the City, copies of

which shall be available from the City Engineer,

kept on file in the office of the City Recorder and

be open to public inspection during office hours.

B. Where a job site is left unattended, before

completion of the work, signage with minimum two

inch high letters shall be attached to a barricade

or otherwise posted at the site, indicating the

permittee's name, or company name, telephone

number, and after hours telephone number.

C. All excavations shall be conducted in a manner

resulting in a minimum amount of interference or

interruption of street or pedestrian traffic.

Inconvenience to residents and businesses fronting

on the public way shall be minimized. Suitable,

adequate and sufficient barricades and/or other

structures will be available and used where

necessary to prevent accidents involving property

or persons. Barricades must be in place until all

of the permittee's equipment is removed from the

site and the excavation has been backfilled and

proper temporary gravel surface is in place, except

where backfilling and resurfacing is to be done by

the City; in which case the barricades, together

with any necessary lights, flares or torches, must

remain in place until the backfill work is actually

commenced by the City. From sunset to sunrise, all

barricades and excavations must be clearly outlined

by adequate signal lights, torches, etc. The

appropriate police and fire departments shall be

notified at least 24 hours in advance of any

planned excavation requiring street closure or

traffic detour.

12.24.090 Other Highway Permits.

A. Holders of permits for work on highways owned or

under the jurisdiction of other government

entities, but located within the City limits, shall

not be required to obtain permits from the City

under the provisions of this Chapter, unless the

work extends beyond the back side of the curb, or

beyond any other designated jurisdictional

boundary. Any City permit shall not be construed

12.24-9

to permit or allow work on a County road, or on a

State highway within the City without an applicable

County or State permit.

B. The City Engineer, in his/her discretion, shall

have the right and authority to regulate work under

permits issued by other governmental entities with

respect to hours and days of work, and measures

required to be taken by the permittee of said

governmental entity for the protection of traffic

and safety of persons and property.

Notwithstanding the foregoing, nothing in this

Chapter shall be construed to impose any duty,

implied or express, on the City or its employees,

officers, agents or assigns, relative to the

protection of traffic and safety of persons or

property, arising out of the issuance of any permit

issued by government entities other than the City,

or arising out of any work performed on any public

way owned or within the jurisdiction of the City.

12.24.100 Relocation of Structures in Public Ways.

A. The City Engineer may direct any person owning or

maintaining facilities or structures in the public

way to alter, modify or relocate such facilities or

structures as the City Engineer may require as set

forth herein. Sewers, pipes, drains, tunnels,

conduits, pipe driveways, vaults, trash receptacles

and overhead and underground gas, electric,

telephone, telecommunication and communication

facilities shall specifically be subject to such

directives. The person owning or maintaining the

facilities or structures shall, at his/her own cost

and expense and upon reasonable written notice by

the City, promptly protect, or promptly alter or

relocate such facilities or structures, or part

thereof, as directed by the City. In the event

that such person refuses or neglects to conform to

the directive of the City, the City shall have the

right to break through, remove, alter or relocate

such part of the facilities or structures without

liability to such person. Such person shall pay to

the City all costs incurred by the City in

connection with such work performed by the City,

including all design, engineering, construction,

materials, insurance, court costs and attorneys

fees.

B. Any directive by the City Engineer shall be based

upon of the following:

1. The facility or structure was installed,

erected or is being maintained contrary to

law, or determined by the City Engineer to be

structurally unsound or defective;

2. The facility or structure constitutes a

nuisance as defined under State or City

statute;

12.24-10

3. The permit under which the facility or

structure was installed has expired or has

been revoked;

4. The public way is about to be repaired or

improved and such facilities or structures may

pose a hindrance to construction; or

5. The grades or lines of the public way are to

be altered or changed.

C. Any directive of the City Engineer under this

Section shall be under and consistent with the

City's police power. Unless an emergency condition

exists, the City Engineer shall make a good faith

effort to consult with the person regarding any

condition that may result in a removal or

relocation of facilities in the public way to

consider possible avoidance or minimization of

removal or relocation requirements and provide the

directive as far enough in advance of the required

removal or relocation to allow the person a

reasonable opportunity to plan and minimize cost

associated with the required removal or relocation.

D. This obligation does not apply to facilities or

structures originally located on private property

pursuant to a private easement, which property was

later incorporated into the public way, if that

prior private easement grants a superior vested

right.

E. Any person owning or maintaining facilities or

structures in the public way who fails to alter,

modify or relocate such facilities or structures

upon notice to do so by the City Engineer shall be

guilty of a class B misdemeanor. All costs of

alteration, modification or relocation shall be

borne by the person owning or maintaining the

facilities or structures involved.

F. The City may, at any time, in case of fire,

disaster or other emergency, as determined by the

City in its reasonable discretion, cut or move any

parts of the system and appurtenances on, over or

under the public way, in which event the City shall

not be liable therefore to a person. The City

shall notify a person in writing prior to, if

practicable, but in any event as soon as possible

and in no case later than the next business day

following any action taken under this subsection.

12.24.110 Impact of Excavation on Existing Improvements.

A. If any sidewalk or curb ramp is blocked by

excavation work, a temporary sidewalk or curb ramp

shall be constructed or provided. Said temporary

improvement shall be safe for travel and convenient

for users, and consistent with City standards for

such.

B. Where excavations are made in paved areas, the

surface shall be replaced with a temporary gravel

12.24-11

surface until such time as the permanent repairs

are completed.

C. 1. At any time a permittee disturbs the yard,

residence or the real or personal property of

a private property owner or the City, such

permittee shall ensure that such property is

returned, replaced and/or restored to a

condition that is comparable to the condition

that existed prior to the commencement of the

work, unless such restoration is deemed to be

the property owner's contribution to an

improvement project such as new sidewalks,

etc.

2. The costs associated with the disturbance and

the return, replacement and/or restoration

shall be borne by the permittee, unless such

restoration is the property owner's

contribution to an improvement project as

noted in 1. above. Further, a permittee shall

reimburse a property owner or the City, for

any actual damage caused by the permittee,

its subcontractor, or its independent

contractor, in connection with the disturbance

of such property. However, nothing in this

Subsection shall require the permittee to pay

a subscriber or private property owner when

that subscriber or private property owner

requests that the permittee remove, replace or

relocate improvements associated with the

service provided by the permittee to the

property owner and when the permittee

exercises due care in the performance of that

service, or when the subscriber or private

property owner provided false information to

the permittee on which the permittee relied to

its detriment.

D. Examples of types of acts specifically included in

this Section are the following:

1. Removal of sod, lawn, shrubbery, flowers,

trees, driveways, sprinkling system, or fence,

to install, trench, repair, replace, remove or

locate, equipment, cable or other

appurtenances of the permittee;

2. Installation or removal of equipment or other

appurtenances of the permittee's system within

a private property owner's property or

residence which requires drilling, excavating,

plastering, or the like on the part of the

permittee;

3. Temporarily relocating or moving a piece of

personal property or a fixture of a private

property owner (such as a motor vehicle,

fence, air conditioning, heating unit, or the

like) in order to perform some sort of

construction, maintenance or repair by the

12.24-12

permittee; or

4. Permanently removing a permittee's equipment

or other appurtenances due to the revocation,

termination or non-renewal of the franchise

(if applicable).

E. Existing drainage channels, such as gutters or

ditches, shall be kept free of dirt or other debris

so that natural flow will not be interrupted. When

it is necessary to block or otherwise interrupt

flow of the drainage channel, a method of rerouting

the flow must be submitted for approval by the City

Engineer prior to the blockage of the channel.

F. The requirements imposed upon the permittee extend

to any subcontractor or independent contractor that

the permittee might employee to perform the tasks

pursuant to the permit.

G. The requirements of this Section shall not apply to

the removal by a permittee, of a permanent

structure placed by a property owner in a public

way, unless such property owner has received prior

written permission from the City granting the

property owner the right to install a permanent

structure on a public way, and such written

permission has been filed in the office of the City

Recorder.

12.24.120 Restoration of Public Property.

A. The permittee shall, at its own expense, restore

the surface of any public way to its original

condition and replace any removed or damaged

pavement with the same type and depth of pavement

as that which is adjoining, including the gravel

base material. All restoration shall conform to

the engineering regulations, design standards and

specifications promulgated by the City and shall be

accomplished within the time limits set forth in

the permit, unless additional time is granted in

writing by the City Engineer.

B. At its option, the permittee doing the actual

excavation work may request that the City restore

the surface to its original condition. The fee for

such resurfacing shall be determined by the City

Engineer in accordance with its reasonable costs

for such work and shall be charged to the person

making the excavation. Payment for said work shall

be received by the City prior to the release of the

bond.

12.24.130 Insurance Requirements.

A. Before a permit is issued, the City Engineer may

require the applicant to furnish evidence that such

applicant has a comprehensive general liability and

property damage policy that includes contractual

liability coverage endorsed with such limits and

provisions as determined by the City Engineer after

12.24-13

considering the nature and type of excavation or as

otherwise set forth in this Section.

1. For all projects with an estimated

construction cost exceeding $100,000, as

determined by the City Engineer or actual bid

results:

a. A minimum of One Million Dollars

($1,000,000) combined single limit per

occurrence for bodily injury, personal

injury, and property damage and not less

than One Million Dollars ($1,000,000) in

the aggregate. The general aggregate

limit shall apply separately to the

permit, or the general aggregate limit

shall be two times the required

occurrence limit. The coverage shall be

in the nature of Broad Form Commercial

General Liability coverage and the City

Engineer may increase or decrease minimum

insurance limits, depending on the

potential liability of any project.


construction cost between $10,000 and $99,999,

as determined by the City Engineer or actual

bid results:

a. A minimum of Three Hundred Thousand

Dollars ($300,000) combined single limit

per occurrence for bodily injury,

personal injury, and property damage and

not less than Three Hundred Thousand

Dollars ($300,000) in the aggregate. The

general aggregate limit shall apply

separately to the permit, or the general

aggregate limit shall be two times the

required occurrence limit. The coverage

shall be in the nature of Broad Form

Commercial General Liability coverage.

The City Engineer may increase or

decrease minimum insurance limits,

depending on the potential liability of

any project.


construction cost between $1,000 and $9,999,

as determined by the City Engineer or actual

bid results:

a. A minimum of One Hundred Thousand Dollars

($100,000) combined single limit per

occurrence for bodily injury, personal

injury, and property damage and not less

than One Hundred Thousand Dollars

($100,000) in the aggregate. The general

aggregate limit shall apply separately to

the permit, or the general aggregate

limit shall be two times the required

occurrence limit. The coverage shall be

12.24-14

in the nature of Broad Form Commercial

General Liability coverage. The City

Engineer may increase or decrease minimum

insurance limits, depending on the

potential liability of any project.


construction cost of less than $1,000 and

completed by the property owner, renter,

tenant, etc., without hiring or subletting any

portion of the project to a contractor or

second party, whether or not licensed as a

contractor:

a. None required.

5. The City may require all policies to include

the City, its employees, officers, officials,

agents, volunteers and assigns named as

additional insureds. Any reference to the

City shall include the City, its employees,

officers, officials, agents, volunteers, and

assigns.

6. The coverage shall be primary insurance as

respects the City, its employees, officers,

officials, agents, volunteers, and assigns.

Any insurance or self-insurance maintained by

the City, its employees, officers, officials,

agents, volunteers, and assigns shall be in

excess of the permittee's insurance and shall

not contribute to or with it.

7. Any failure to comply with reporting

provisions of the policy shall effect coverage

provided to the City, its employees, officers,

officials, agents, volunteers, and assigns.

8. Coverage shall state that the permittee's

insurance shall apply separately to each

insured against whom claim is made or suit is

brought, except with respect to the limits of

the insurer's liability.

9. Underwriters shall have no right of recovery

or subrogation against the City, it being the

intent of the parties that the insurance

policy so affected shall protect both parties

and be primary coverage for any and all losses

covered by the described insurance.

10. The insurance companies issuing the policy or

policies shall have no recourse against the

City for payment of any premiums due or for

any assessments under any form of any policy.

11. Each insurance policy shall be endorsed to

state that the coverage shall not be

suspended, voided, canceled, or reduced in

coverage or in limits, except after thirty

(30) days' prior written notice by certified

mail, return receipt requested sent to the

City.

12. Each policy shall be endorsed to indemnify,

12.24-15

save harmless and defend the City and its

officers and employees against any claim or

loss, damage or expense sustained on account

of damages to persons or property occurring by

reason of permit work done by the permittee,

his/her subcontractor or agent, whether or not

the work has been completed and whether or not

the right-of-way has been opened to public

travel.

13. Each policy shall be endorsed to indemnify,

hold harmless and defend the City, and its

officers and employees against any claim or

loss, damage or expense sustained by any

person occurring by reason of doing any work

pursuant to the permit including, but not

limited to falling objects or failure to

maintain proper barricades and/or lights as

required from the time work begins until the

work is completed and right-of-way is opened

for public use.

B. Insurance is to be placed with insurers with an AM

Best rating of no less than an A carrier, with a

rating of 7 or higher.

C. The permittee shall furnish the City with

certificates of insurance and original endorsements

affecting coverage required by the permit. The

certificates and endorsements for each insurance

policy are to be signed by a person authorized by

that insurer to bind coverage on its behalf. The

City expressly reserves the right to require

complete, certified copies of all required

insurance policies at any time. Consequently, the

permittee shall be prepared to provide such copies

prior to the issuance of the permit.

D. If any of the required policies are, or at any time

become, unsatisfactory to the City as to form or

substance, or if a company issuing any such policy

is, or at any time becomes, unsatisfactory to the

City, the permittee shall promptly obtain a new

policy, submit the same to the City for approval,

and thereafter submit verification of coverage as

required by the City. Upon failure to furnish,

deliver and maintain such insurance as provided

herein, the City may declare the permit to be in

default and pursue any and all remedies the City

may have at law or in equity, including those

actions outlined in this Chapter.

E. The permittee shall include all subcontractors as

insured under its policies or shall furnish

separate certificates and endorsements for each

subcontractor. All coverages for subcontractors

shall be subject to all of the requirements stated

herein.

F. Any deductibles or self-insured retentions shall be

declared to and approved by the City. At the

12.24-16

option of the City, either the insurer shall reduce

or eliminate such deductibles or self-insured

retentions as respects the City, its employees,

officers, officials, agents, volunteers or assigns,

or the permittee shall procure a bond, in a form

acceptable to the City, guaranteeing payment of

losses and related investigations, claim

administration, and defense expenses.

G. A property owner performing work adjacent to

his/her residence may submit proof of a homeowner's

insurance policy in lieu of the insurance

requirements of this Section.

H. A provider may be relieved of the obligation of

submitting certificates of insurance under the

following circumstances:

1. If such company shall submit satisfactory

evidence in advance that:

a. It is insured in the amounts set forth in

this Chapter, or has complied with State

requirements to become self insured.

Public utilities may submit annually

evidence of insurance coverage in lieu of

individual submissions for each permit;

and

b. Said coverage provides to the City the

same scope of coverage that would

otherwise be provided by a separate

policy as required by this Chapter; or

c. The work to be performed under the permit

issued to the applicant is to be

performed by the City, in which case

insurance or other risk transfer issues

shall be negotiated between the City and

the applicant by separate agreement.

12.24.140 Bond - When Required, Conditions, Warranty.

A. Except as noted in this Section, each person

seeking a permit to excavate shall provide the City

with an acceptable security (this may include a

corporate surety bond, cash bond or letter of

credit, as determined by the City) in the amount

equal to ten (10) percent of the estimated cost of

the project, or some other amount as determined by

the City Engineer, to guarantee faithful

performance of the work authorized by a permit

granted pursuant to this Chapter. Said bond shall

remain in effect for a period of 24 months

following completion of the excavation to assure

that the streets or right-of-way, etc., have been

restored in a satisfactory manner as required by

this Chapter. The amount of security required may

be increased or decreased at the discretion of the

City Engineer whenever it appears that the nature

and amount and cost of the work to be performed

justifies such adjustment. The form of the security

12.24-17

and the entity issuing the security shall be

subject to the approval of the City.

B. A person or public utility franchised by the City

that regularly or routinely excavates within City

limits may post a blanket bond to cover more than

one excavation. Said blanket bond shall be in the

amount of $10,000 but may be increased or decreased

if, in the opinion of the City Engineer, the nature

of the excavation warrants such action. A public

utility shall not be required to file any security

if such requirement is expressly waived in the

franchise documents.

C. A person excavating in the municipal right-of-way

may be exempt from providing a bond if the project

bears an estimated construction cost of less than

$1,000 and will be completed by the property owner,

renter, tenant, etc., without hiring or subletting

any portion of the project to a contractor or

second party, whether or not licensed as a

contractor.

D. The security required by this Section shall be

conditioned as follows:

1. That the permittee shall fully comply with the

requirements of the City ordinances and

regulations, specifications and standards

promulgated by the City relative to work in

the public way, and respond to the City in

damages for failure to conform therewith;

2. That after work is commenced, the permittee

shall proceed with diligence and expedition

and shall promptly complete such work and

restore the public way to construction

specifications, so as not to obstruct the

public place or travel thereon more than is

reasonably necessary;

3. That the permittee shall guarantee the

materials and workmanship for a period of two

years from completion of such work, with

reasonable wear and tear excepted; and

4. That, unless authorized by the City Engineer

on the permit, all paving, resurfacing or

replacement of street facilities on major or

collector streets shall be done in conformance

with the regulations contained herein within

three calendar days, and within seven calendar

days from the time the excavation commences on

all other streets, except as provided for

during excavation in winter or during weather

conditions which do not allow paving according

to engineering regulations and construction

specifications. In winter, a temporary patch

must be provided. In all excavations,

restoration of pavement surfaces shall be made

immediately after backfilling is completed or

concrete is cured. If work is expected to

12.24-18

exceed the above duration, the permittee shall

submit a detailed construction schedule for

approval. The schedule will address means and

methods to minimize traffic disruption and

complete the construction as soon as

reasonably possible.

12.24.150 Hold Harmless Agreement; Limitations on City

Liability.

A. The permittee agrees to save the City, its

officers, employees and agents harmless from any

and all costs, damages and liabilities which may

accrue or be claimed to accrue by reason of any

work performed under the permit. The issuance and

acceptance of any permit under this Chapter shall

constitute such an agreement by the permittee to

this Section.

B. This Chapter shall neither be construed as imposing

upon the City, its officers, employees and agents,

any liability or responsibility for damages to any

person injured by or by reason of the performance

of any work within the public way, or under a

permit issued pursuant to this Chapter; nor shall

the City, its officers, officials, employees,

agents, volunteers or assigns thereof be deemed to

have assumed any such liability or responsibility

by reason of inspection authorized hereunder, the

issuance of any permit, or the approval of any

work.

12.24.160 Work without Permit - Penalty.

A. A stop order may be issued by the City Engineer

directed to any person or persons doing or causing

any work to be done in the pubic way without a

permit.

B. Any person found to be doing work in the public way

without having obtained a permit, as provided in

this Chapter, shall be required to pay a permit fee

equal to two times the normal permit fee. For

replacement work, where a fee is not normally

charged, the normal permit fee for new construction

shall apply.

12.24.170 Failure to Comply; Default in Performance.

A. Any permit may be revoked or suspended and a stop

order issued by the City Engineer, after notice to

the permittee for:

1. Violation of any condition of the permit, the

security, or of any provision of this Chapter;

2. Violation of any provision of any other

ordinance of the City or law relating to the

work; or

3. Existence of any condition or the doing of any

act which does constitute, may constitute, or

12.24-19

cause a condition endangering life or

property.

B. A suspension or revocation by the City Engineer,

and a stop order, shall take effect immediately

upon entry thereof by the City Engineer and notice

to the person performing the work in the public

way. Notice to the person performing the work

shall be accomplished when the City Engineer has

posted a stop work order at the location of the

work and written notice has been mailed, return

receipt requested, to the address indicated by the

permittee on the permit.

C. Whenever the City Engineer finds that a default has

occurred in the performance of any term or

condition of the permit, written notice thereof may

be given to the principal and to the surety on the

bond, if there is a surety bond. Such notice shall

state the work to be done, the estimated cost

thereof, and the period of time deemed by the City

Engineer to be reasonably necessary for the

completion of the work.

D. In the event that the surety (or principal), within

a reasonable time following the giving of such

notice (taking into consideration the exigencies of

the situation, the nature of the work, the

requirements of public safety and for the

protection of persons and property), fails either

to commence and cause the required work to be

performed with due diligence, or to indemnify the

City for the cost of doing the work, as set forth

in the notice, the City may perform the work, at

the discretion of the City Engineer, with City

forces or contract forces or both, and suit may be

commenced by the City Attorney against the

contractor and bonding company and such other

persons as may be liable, to recover the entire

amount due to the City, including attorney fees, on

account thereof. In the event that cash has been

deposited, the cost of performing the work may be

charged against the amount deposited, and suit

brought for the balance due, if any.

12.24.180 Failure to Conform to Design Standards - Penalty.

For failure to conform to the design standards,

specification, and regulations, the City Engineer may:

A. Suspend or revoke the permit;

B. Issue a stop order;

C. Order removal and replacement of faulty work;

D. Require an extended warranty period; and/or;

E. Negotiate a cash settlement to be applied toward

future maintenance costs.

12.24.190 Appeal of Suspension, Revocation, or Stop Order.

Any suspension, revocation or stop order by the City

Engineer may be appealed by the permittee to the City Council

12.24-20

by filing a written notice of appeal within ten days of the

action of the City Engineer. The City Council shall hear such

appeal, if written request therefor be timely filed, as soon

as practicable, and render its decision within a reasonable

time following filing of notice of appeal.

12.24.200 Tampering with Traffic Barricades.

It shall be unlawful for any person to maliciously or

wantonly or without authorization and legal cause, extinguish,

remove or diminish any light illuminating any barricade or

excavation, or to tear down, remove or in any manner alter any

rail, fence or barricade protecting any excavation or other

construction site.

12.24.210 Conflict with Governing Provisions.

Should there be a conflict between the provisions of this

Chapter and the provisions of any other ordinance, agreement,

franchise, or other document governing the excavation of a

public way, the more restrictive provisions of the aforesaid

documents shall apply.

12.24.220 Violation - Penalty.

Unless otherwise specified in this Chapter, a violation

of any provision of this Chapter, or failure to comply with an

order of suspension, revocation or stop work, shall be a class

B misdemeanor. Each day the violation exists shall be a

separate offense. No criminal conviction shall excuse the

person from otherwise complying with the provisions of this

Chapter. (Ord. 03-08)

12.28-1

Chapter 12.28

TELECOMMUNICATIONS RIGHTS-OF-WAY ORDINANCE

Sections: 12.28.010 Declaration of findings and intent; scope of

ordinance.

12.28.020 Defined terms.

12.28.030 Franchise required.

12.28.040 Compensation and other payments.

12.28.050 Franchise applications.

12.28.060 Construction and technical requirements.

12.28.070 Franchise, license, transfer of sale.

12.28.080 Oversight and regulation.

12.28.090 Rights of City.

12.28.100 Obligation to notify.

12.28.110 General provisions.

12.28.120 Federal, State and City jurisdiction.

12.28.010 Declaration of findings and intent, scope of

ordinance.

A. Findings regarding rights-of-way. The City of

Hyrum, Utah finds that the Rights-of-Way within the

City:

1. are critical to the travel and transport of

persons and property in the business and

social life of the City;

2. are intended for public uses and must be

managed and controlled consistent with that

intent;

3. can be partially occupied by the facilities of

utilities and other public service entities

delivering utility and public services

rendered for profit, to the enhancement of the

health, welfare, and general economic well-

being of the City and its citizens; and

4. are a unique and physically limited resource

requiring proper management to maximize the

efficiency and to minimize the costs to the

taxpayers of the foregoing uses and to

minimize the inconvenience to and negative

effects upon the public from such facilities'

construction, placement, relocation, and

maintenance in the Rights-of-Way.

B. Finding regarding compensation. The City finds

that the City should receive fair and reasonable

compensation for use of the Rights-of-Way.

C. Finding regarding local concern. The City finds

that while Telecommunications Systems are in part

an extension of interstate commerce, their

operations also involve Rights-of-Way, municipal

franchising, and vital business and community

service, which are of local concern.

12.28-2

D. Finding regarding promotion of telecommunications

services. The City finds that it is in the best

interests of its taxpayers and citizens to promote

the rapid development of Telecommunications

Services, on a nondiscrimination basis, responsive

to community and public interest, and to assure

availability for municipal, educational and

community services.

E. Findings regarding franchise standards. The City

finds that it is in the interests of the public to

Franchise and to establish standards for

franchising Providers in a manner that:

1. fairly and reasonably compensates the City on

a competitively neutral and non-discriminatory

basis as provided herein;

2. encourages competition by establishing terms

and conditions under which Providers may use

the Rights-of-Way to serve the public;

3. fully protects the public interests and the

City from any harm that may flow from such

commercial use of Rights-of-Way;

4. protects the police powers and Rights-of-Way

management authority of the City, in a manner

consistent with federal and state law;

5. otherwise protects the public interests in the

development and use of the City

infrastructure;

6. protects the public’s investment in

improvements in the Rights-of-Way; and

7. ensures that no barriers to entry of

Telecommunications Providers are created and

that such franchising is accomplished in a

manner that does not prohibit or have the

effect of prohibiting Telecommunication

Services, within the meaning of the

Telecommunications Act of 1996 (―Act‖, P.L.

No. 104-104).

F. Power to manage rights-of-Way. The City adopts

this Telecommunications Ordinance pursuant to its

power to manage the Rights-of-Way, pursuant to

common law, the Utah Constitution and statutory

authority, and receive fair and reasonable,

compensation for the use of Rights-of-Way by

Providers as expressly set forth by Section 253 of

the Act.

G. Scope of ordinance. This Ordinance shall provide

the basic local scheme for Providers of

Telecommunications Services and Systems that

require the use of the Rights-of-Way, including

Providers of both the System and Service, those

Providers of the System only, and those Providers

who do not build the System but who only provide

Services. This Ordinance shall apply to all future

Providers and to all Providers in the City prior to

the effective date of this Ordinance, whether

12.28-3

operating with or without a Franchise as set forth

in Subsection B, of Section 12.28.120.

H. Excluded activity.

1. Cable TV. This Ordinance shall not apply to

cable television operators otherwise regulated

by Ordinance 97-18 (the ―Cable Television

Ordinance‖).

2. Wireless services. This Ordinance shall not

apply to Personal Wireless Service Facilities.

3. Provisions applicable to excluded providers.

Providers excused by other law that prohibits

the City from requiring a Franchise shall not

be required to obtain a Franchise, but all of

the requirements imposed by this Ordinance

through the exercise of the City’s police

power and not preempted by other law shall be

applicable.

12.28.020 Defined Terms.

A. Definitions. For purposes of this Ordinance, the

following terms, phrases, words, and their

derivatives shall have the meanings set forth in

this Section, unless the contest clearly indicates

that another meaning is intended. Words used in

the present tense include the future tense, words

in the single number include the plural number,

words in the plural number include the singular.

The word ―shall‖ and ―will‖ are mandatory, and

―may‖ is permissive. Words not defined shall be

given their common and ordinary meaning.

1. “Application” means the process by which a

Provider submits a request and indicates a

desire to be granted a Franchise to utilize

the Rights-of-Way of all, or a part, of the

City. An Application includes all written

documentation, verbal statements and

representations, in whatever form or forum,

made by a Provider to the City concerning:

the construction of a Telecommunications

System over, under, on or through the Rights-

of-Way; the Telecommunications Services

proposed to be provided in the City by a

Provider; and any other matter pertaining to a

proposed System or Service.

2. “City” means Hyrum City, Utah.

3. “Completion Date” means the date that a

Provider begins providing Services to

customers in the City.

4. “Construction Costs” means all costs of

constructing a System, including make ready

costs, other than engineering fees, attorneys

or accountants fees, or other consulting fees.

5. “Control” or “Controlling Interest” means

actual working control in whatever manner

12.28-4

exercised, including, without limitation,

working control through ownership, management,

debt instruments or negative control, as the

case may be, of the System or of a Provider. A

rebuttable presumption of the existence of

Control or a Controlling Interest shall arise

from the beneficial ownership, directly or

indirectly, by any Person, or group of Persons

acting in concert, of more than twenty-five

percent (25%) of any Provider (which Person or

group of Persons is hereinafter referred to as

―Controlling Person‖). ―Control‖ or

―Controlling Interest‖ as used herein may be

held simultaneously by more than one Person or

group of Persons.

6. “FCC” means the Federal Communications

Commission, or any successor thereto.

7. “Franchise” means the rights and obligation

extended by the City to a Provider to own,

lease, construct, maintain, use or operate a

System in the Rights-of-Way within the

boundaries of the City. Any such

authorization, in whatever form granted, shall

not mean or include:

a. Any other permit or authorization

required for the privilege of transacting

and carrying on a business within the

City required by the ordinances and laws

of the City;

b. Any other permit, agreement or

authorization required in connection with

operations on Rights-of-Way or public

property including, without limitation,

permits and agreements for placing

devices on or in poles, conduits or other

structures, whether owned by the City or

a private entity, or for excavating or

performing other work in or along the

Rights-of-Way.

8. “Franchise agreement” means a contract entered

into in accordance with the provisions of this

Ordinance between the City and a Franchisee

that sets forth, subject to this Ordinance,

the terms and conditions under which a

Franchise will be exercised.

9. “Gross Revenue” includes all revenues of a

Provider that may be included as gross revenue

within the meaning of Chapter 26, Title 11

Utah Code annotated, 1953, as amended.

10. “Infrastructure provider” means a Person

providing to another, for the purpose of

providing Telecommunication Services to

customers, all or part of the necessary System

which uses the Rights-of-Way.

12.28-5

11. “Open Video Service” means any video

programming services provided to any Person

through the use of Rights-of-Way, by a

Provider that is certified by the FCC to

operate an Open Video System pursuant to

Sections 6512, et seq., of the

Telecommunications Act (to be codified at 47

U.S.C. Title VI, Part V), regardless of the

System used.

12. “Open Video System” means the system of

cables, wires, lines, towers, wave guides,

optic fiber, microwave, laser beams, and any

associated converters, equipment, or

facilities designed and constructed for the

purpose of producing, receiving, amplifying or

distributing Open Video Services to or from

subscribers or locations within the City.

13. “Operator” means any Person who provides

Service over a Telecommunications System and

directly or through one or more Persons owns a

Controlling Interest in such System, or who

otherwise controls or is responsible for the

operation of such a System.

14. “Ordinance” or “Telecommunications Ordinance”

means this Telecommunications Ordinance

concerning the granting of Franchises in and

by the City for the construction, ownership,

operation, use or maintenance of a

Telecommunications System.

15. “Person” includes any individual, corporation,

partnership, association, joint stock company,

trust, or any other legal entity, but not the

City.

16. “Person Wireless Services Facilities” has the

same meaning as provided in Section 704 of the

Act (47 U.S.C. 332(c)(7)(c)), which includes

what is commonly known as cellular and PCS

Services that do not install any System or

portion of a System in the Rights-of-Way.

17. “Provider” means an Operator, Infrastructure

Provider, Resaler, or System Lessee.

18. “PSC” means the Public Service Commission, or

any successor thereto.

19. “Resaler” refers to any Person that provides

local exchange service over a System for which

a separate charge is made, where that Person

does not own or lease the underlying System

used for the transmission.

20. “Rights-of-Way” means the surface of and the

space above and below any public street,

sidewalk, alley, or other public way of any

type whatsoever, now or hereafter existing as

such within the City.

21. “Signal” means any transmission or reception

12.28-6

of electronic, electrical, light or laser or

radio frequency energy or optical information

in either analog or digital format.

22. “System Lessee” refers to any Person that

leases a System or a specific portion of a

System to provide Services.

23. “Telecommunications” means the transmission,

between or among points specified by the user,

of information of the user’s choosing (e.g.,

data, video, and voice), without change in the

form or content of the information sent and

received.

24. “Telecommunications System” or “System” means

all conduits, manholes, poles, antennas,

transceivers, amplifiers and all other

electronic devices, equipment, wire and

appurtenances owned, leased, or used by a

Provider, located in the Rights-of-Way and

utilized in the provision of Services,

including fully digital or analog, voice, data

and video imaging and other enhanced

Telecommunications Services.

Telecommunications System or Systems also

includes an Open Video System.

25. ”Telecommunications Service(s)” or “Services”

means any telecommunications services provided

by a Provider within the City that the

Provider is authorized to provide under

federal, state, and local law, and any

equipment and/or facilities required for and

integrated with the Services provided within

the City, except that these terms do not

include ―Cable Service‖ as defined in the

Cable Communications Policy Act of 1984, as

amended by the Cable Television Consumer

Protection and Competition Act 1992 (47 U.S.C.

§521, et seq.), and the Telecommunications Act

of 1996. Telecommunications System or Systems

also includes an Open Video System.

26. “Wire” means fiber optic Telecommunications

cable, wire, coaxial cable, or other

transmission medium that may be used in lieu

thereof for similar purposes.

12.28.030 Franchise Required.

A. Non-Exclusive franchise. The City is empowered and

authorized to issue non-exclusive Franchises

governing the installation, construction, and

maintenance of Systems in the City’s Rights-of-Way,

in accordance with the provisions of this

Ordinance. The Franchise is granted through a

Franchise Agreement entered into between the City

and Provider.

B. Every provider must obtain. Except to the extent

12.28-7

preempted by federal or state law, as ultimately

interpreted by a court of competent jurisdiction,

including any appeals, every Provider must obtain a

Franchise before constructing an Open Video System

or providing Open Video Services via an Open Video

System. Any Open Video System or Service shall be

subject to the customer service and consumer

protection provisions applicable to the Cable TV

companies to the extent the City is not preempted

or permitted as ultimately interpreted by a court

of competent jurisdiction, including any appeals.

The fact that particular Telecommunications Systems

may be used for multiple purposes does not obviate

the need to obtain a Franchise for other purposes.

By the way of illustration and not limitation, a

cable operator of a cable system must obtain a

cable franchise, and, should it intend to provide

Telecommunications Services over the same System,

must also obtain a Telecommunications Franchise.

C. Nature of grant. A Franchise shall not convey

title, equitable or legal, in the Rights-of-Way. A

Franchise is only the right to occupy Rights-of-Way

on a non-exclusive basis for the limited purposes

and for the limited period stated in the Franchise;

the right may not be subdivided, assigned, or

subleased. A Franchise does not excuse a Provider

from obtaining appropriate access or pole

attachment agreements before collocating its System

on the property of others, including the City’s

property. This section shall not be construed to

prohibit a Provider from leasing conduit to another

Provider, so long as the Lessee has obtained a

Franchise.

D. Current providers. Except to the extent exempted

by federal or state law, any Provider acting

without a Franchise on the effective date of this

Ordinance shall request issuance of a Franchise

from the City within 90 days of the effective date

of this Ordinance. If such request is made, the

Provider may continue providing service during the

course of negotiations. If a timely request is not

made, or if negotiations cease and a Franchise is

not granted, the Provider shall comply with the

provisions of Section 12.28.090, Subsection D.

E. Nature of franchise. The Franchise granted by the

City under the provisions of this Ordinance shall

be nonexclusive Franchise providing the right and

consent to install, repair, maintain, remove and

replace its System on, over and under the Rights-

of-Way in order to provide Services.

F. Regulatory approval needed. Before offering or

providing any Services pursuant to the Franchise, a

Provider shall obtain any and all regulatory

approvals, permits, authorizations or licenses for

the offering or provision of such Services from the

12.28-8

appropriate federal, state, and local authorities,

if required, and shall submit to the City upon the

written request of the City evidence of all such

approvals, permits, authorizations or licenses.

G. Term. No Franchise issued pursuant to this

Ordinance shall have a term of less than five (5)

years or greater than fifteen (15) years. Each

Franchise shall be granted in a nondiscriminatory

manner.

12.28.040 Compensation and Other Payments.

A. Compensation. As fair and reasonable compensation

for any Franchise granted pursuant to this

Ordinance, a Provider shall have the following

obligations:

1. Application fee. In order to offset the cost

to the City to review an Application for a

Franchise and in addition to all other fees,

permits, or charges, a Provider shall pay to

the City, at the time of Application, $500 as

a non-refundable application fee.

2. Franchise fees. The Franchise fee, if any,

shall be set forth in the Franchise Agreement.

The obligation to pay a Franchise fee shall

commence on the Completion Date. The

Franchise fee is offset by any business

license fee or business license tax enacted by

the City.

3. Excavation permits. The Provider shall also

pay fees required for an excavation permit as

provided in Chapter 12.24, Section 12.24.050,

Excavation Permit Ordinance.

B. Timing. Unless otherwise agreed to in the

Franchise Agreement, all Franchise Fees shall be

paid on a monthly basis within forty-five (45) days

of the close of each calendar month.

C. Fee statement and certification. Unless a

Franchise Agreement provides otherwise, each fee

payment shall be accompanied by a statement showing

the manner in which the fee was calculated and

shall be certified as to its accuracy.

D. Future costs. A Provider shall pay to the City or

to third parties, at the direction of the City, an

amount equal to the reasonable costs and reasonable

expenses that the City incurs for the services of

third parties (including but not limited to

attorneys and other consultants) in connection with

any renewal or Provider-initiated renegotiation, or

amendment of this Ordinance or Franchise, provided,

however, that the parties shall agree upon a

reasonable financial cap at the outset of

negotiations. In the event the parties are unable

to agree, either party may submit the issue to

binding arbitration in accordance with the rules

and procedures of the American Arbitration

12.28-9

Association. Any costs associated with any work to

be done by the Power and Public Works Department to

provide space on City owned poles shall be borne by

the Provider.

E. Taxes and assessments. To the extent taxes or

other assessments are imposed by taxing

authorities, other than the City on the use of the

City property as a result of a Provider’s use or

occupation of the Rights-of-Way, the provider shall

be responsible for payment of its pro rata share of

such taxes, payable annually unless otherwise

required by the taxing authority. Such payments

shall be in addition to any other fees payable

pursuant to this Ordinance.

F. Interest on late payments. In the event that any

payment is not actually received by the City on or

before the applicable date fixed in the Franchise,

interest thereon shall accrue from such date until

received at the rate charged for delinquent state

taxes.

G. No accord and satisfaction. No acceptance by the

City of any fee shall be construed as an accord

that the amount paid is in fact the correct amount,

nor shall such acceptance of such fee payment be

construed as a release of any claim the City may

have for additional sums payable.

H. Not in lieu of other taxes or fees. The fee

payment is not a payment in lieu of any tax, fee or

other assessment except as specifically provided in

this Ordinance, or as required by applicable law.

By way of example, and not limitation, excavation

permit fees and fees to obtain space on the City

owned poles are not waived and remain applicable.

I. Continuing obligation and holdover. In the event a

Provider continues to operate all or any part of

the System after the Term of the Franchise, such

operator shall continue to comply with all

applicable provisions of this Ordinance and the

Franchise, including, without limitation, all

compensation and other payment provisions through

the period of such continued operation, provided

that any such continued operation shall in no way

be construed as a renewal of other extension of the

Franchise, nor as a limitation on the remedies, if

any, available to the City as a result of such

continued operation after the term, including, but

not limited to, damages and restitution.

J. Costs of publication. A Provider shall assume any

publication costs associated with its Franchise

that may be required by law.

12.28.050 Franchise Applications.

A. Franchise application. To obtain a Franchise to

construct, own, maintain or provide Services

through any System within the City, to obtain a

12.28-10

renewal of a Franchise granted pursuant to this

Ordinance, or to obtain the City approval of a

transfer of a Franchise, as provided in Section

12.28.070, Subsection A.2, granted pursuant to this

Ordinance, an Application must be filed with City

on the form attached to this Ordinance as Exhibit

A, which is hereby incorporated by reference. The

Application form may be changed by the Mayor so

long as such changes request information that is

consistent with this Ordinance. Such Application

form, as amended, is incorporated by reference.

B. Application criteria. In making a determination as

to an Application filed pursuant to this Ordinance,

the City may, but shall not be limited to, request

the following from the Provider:

1. A copy of the order from the PSC granting a

Certificate of Convenience and Necessity.

2. Certification of the Provider’s financial

ability to compensate the City for Provider’s

intrusion, maintenance and use of the Rights-

of-Way during the Franchise term proposed by

the Provider;

3. Provider’s agreement to comply with the

requirements of Section 12.28.060 of this

Ordinance.

4. Prior to making any attachments to poles, the

willingness to enter into a pole attachment

agreement with the City.

C. Franchise determination. The City, in its

discretion, shall determine the award of any

Franchise on the basis of these and other

considerations relevant to the use of the Rights-

of-Way, without competitive bidding.

12.28.060 Construction and Technical Requirements.

A. General requirement. No Provider shall receive a

Franchise unless it agrees to comply with each of

the terms set forth in this Section governing

construction and technical requirements for its

System, in addition to any other reasonable

requirements or procedures specified by the City or

the Franchise, including requirements regarding

locating and sharing in the cost of locating

portions of the System with other Systems or with

City utilities. A Provider shall obtain an

excavation permit, pursuant to the excavation

ordinance, before commencing any work in the

Rights-of-Way.

B. Quality. All work involved in the construction,

maintenance, repair, upgrade and removal of the

System shall be performed in a safe, thorough, and

reliable manner using materials of good and durable

quality. If, at any time, it is determined by the

FCC or any other agency granted authority by

federal law or the FCC to make such determination,

12.28-11

that any part of the System, including, without

limitation, any means used to distribute Signals

over or within the System, is harmful to the public

health, safety or welfare, or quality of service or

reliability, then a Provider shall, at its own cost

and expense, promptly correct all such conditions.

C. Licenses and permits. A Provider shall have the

sole responsibility for diligently obtaining, at

its own cost and expense, all permits, licenses or

other forms of approval or authorization necessary

to construct, maintain, upgrade or repair the

System, including but not limited to any necessary

approvals from Persons and/or the City to use

private property, easements, poles and conduits. A

Provider shall obtain any required permit, license,

approval or authorization, including but not

limited to excavation permits, pole attachment

agreements, etc., prior to the commencement of the

activity for which the permit, license, approval or

authorization is required.

D. Relocation of the system.

1. New grades or lines. If the grades or lines

of any Rights-of-Way are changed at any time

in a manner affecting the System, then a

Provider shall comply with the requirements of

the excavation ordinance.

2. The city authority to move system in case of

an emergency. The City may, at any time, in

case of fire, disaster or other emergency, as

determined by the City in its reasonable

discretion, cut or move any parts of the

System and appurtenances on, over or under the

Rights-of-Way of the City, in which event the

City shall not be liable therefor to a

Provider. The City shall notify a Provider in

writing prior to, if practicable, but in any

event as soon as possible and in no case later

than the next business day following any

action taken under this Section. Notice shall

be given as provided in Section 12,28.110,

Subsection D.

3. A provider required to temporarily move system

for third party. A Provider shall, upon prior

reasonable written notice by the City or any

Person holding a permit to move any structure,

and within the time that is reasonable under

the circumstances, temporarily move any part

of its System to permit the moving of said

structure. A Provider may impose a reasonable

charge on any Person other than the City for

any such movement of its Systems.

4. Rights-of-way change – Obligation to move

system. When the City is changing a Rights-

of-Way and makes a written request, a Provider

is required to move or remove its System from

12.28-12

the Rights-of-Way, without cost to the City,

to the extent provided in the excavation

ordinance. This obligation does not apply to

Systems originally located on private property

pursuant to a private easement, which property

was later incorporated into the Rights-of-Way,

if that private easement grants a superior

vested right. This obligation exists whether

or not the Provider has obtained an excavation

permit.

E. Protect structures. In connection with the

construction, maintenance, repair, upgrade or

removal of the System, a Provider shall, at its own

cost and expense, protect any and all existing

structures belonging to the City. A Provider shall

obtain the prior written consent of the City to

alter any water main, power facility, sewerage or

drainage system, or any other municipal structure

on, over or under the Rights-of—Way of the City

required because of the presence of the System.

Any such alteration shall be made by the City or

its designee on a reimbursable basis. A Provider

agrees that it shall be liable for the costs

incurred by the City to replace or repair and

restore to its prior condition in a manner as may

be reasonably specified by the City, any municipal

structure or any other Rights-of-Way of the City

involved in the construction, maintenance, repair,

upgrade or removal of the System that may become

disturbed or damaged as a result of any work

thereon by or on behalf of a Provider pursuant to

the Franchise.

F. No obstruction. In connection with the

construction, maintenance, upgrade, repair or

removal of the System, a Provider shall not

unreasonably obstruct the Rights-of-Way of fixed

guide way systems, railways, passenger travel, or

other traffic to, from or within the City without

the prior consent of the appropriate authorities.

G. Safety precautions. A Provider shall, at its own

cost and expense, undertake all necessary and

appropriate efforts to prevent accidents at its

work sites, including the placing and maintenance

of proper guards, fences, barricades, security

personnel and suitable and sufficient lighting, and

such other requirements prescribed by OSHA and Utah

OSHA. A Provider shall comply with all applicable

federal, state and local requirements including but

not limited to the National Electric Safety Code.

H. Repair. After written reasonable notice to the

Provider, unless, in the sole determination of the

City, an eminent danger exists, any Rights-of-Way

within the City which are disturbed or damaged

during the construction, maintenance or

reconstruction by a Provider of its System may be

12.28-13

repaired by the City at the Provider’s expense, to

a condition as good as that prevailing before such

work was commenced. Upon doing so, the City shall

submit to such a Provider an itemized statement of

the cost for repairing and restoring the Rights-of-

Way intruded upon. The Provider shall, within

thirty (30) days after receipt of the statement,

pay to the City the entire amount thereof.

I. System maintenance. A Provider shall:

1. Install and maintain all parts of its System

in a non-dangerous condition throughout the

entire period of its Franchise.

2. Install and maintain its System in accordance

with standard prudent engineering practices

and shall conform, when applicable, with the

National Electrical Safety Code and all

applicable other federal, state and local laws

or regulations.

3. At all reasonable times, permit examination by

any duly authorized representative of the City

of the System and its effect on the Rights-of-

Way.

J. Trimming of trees. A Provider shall have the

authority to trim trees, in accordance with all

applicable utility restrictions, ordinance and

easement restrictions, upon and hanging over

Rights-of-Way so as to prevent the branches of such

trees from coming in contact with its System.

12.28.070 Franchise, License, Transfer or Sale.

A. Notification of sale.

1. Notification and election. When a Provider is

the subject of a sale, transfer, lease,

assignment, sublease or disposed of, in whole

or in part, either by forced or involuntary

sale, or by ordinary sale, consolidation or

otherwise, such that it or its successor

entity is obligated to inform or seek the

approval of the OSC, the Provider or its

successor entity shall promptly notify the

City of the nature of the transaction. The

notification shall include either:

a. The successor entity’s certification that

the successor entity unequivocally agrees

to all of the terms of the original

Provider’s Franchise Agreement, or

b. The successor entity’s Application in

compliance with Section 12.28.050 of this

Ordinance.

2. Transfer of franchise. Upon receipt of a

notification and certification in accordance

with Subsection A.1(a), above, the City

designee, as provided in Section 12,28.090,

Subsection A(1), shall send notice affirming

the transfer of the Franchise to the successor

12.28-14

entity. If the City has good cause to believe

that the successor entity may not comply with

this Ordinance or the Franchise Agreement, it

may require an Application for the transfer.

The Application shall comply with Section

12.28.050.

3. If PSC approval no longer required. If the

PSC no longer exists, or if its regulations or

state law no longer require approval of

transactions described in Subsection A, above,

and the City has good cause to believe that

the successor entity may not comply with this

Ordinance or the Franchise Agreement, it may

require an Application. The Application shall

comply with Section 12.28.050.

4. Events of sale. The following events shall be

deemed to be a sale, assignment or other

transfer of the Franchise requiring compliance

with Section 7.A, above:

a. the sale, assignment, or other transfer

of all or a majority of a Provider’s

assets to another Person;

b. the sale, assignment, or other transfer

of capital stock or partnership,

membership or other equity interests in a

Provider by one or more of its existing

shareholders, partners, members or other

equity owners so as to create a new

Controlling Interest in a Provider;

c. the issuance of additional capital stock

or partnership, membership or other

equity interest by a Provider so as to

create a new Controlling Interest in such

a Provider; or

d. the entry by a Provider into an agreement

with respect to the management or

operation of such Provider or its System.

12.28.080 Oversight and Regulation.

A. Insurance, indemnity, and security. Prior to the

execution of a Franchise, a Provider will deposit

with the City an irrevocable, unconditional letter

of credit or surety bond as required by the terms

of the Franchise, and shall obtain and provide

proof of the insurance coverage required by the

Franchise. A Provider shall also indemnify the

City as set forth in the Franchise.

B. Oversight. The City shall have the right to

oversee, regulate and inspect periodically the

construction, maintenance, and upgrade of the

System, and any part thereof, in accordance with

the provisions of the Franchise and applicable law.

A Provider shall establish and maintain managerial

and operational records, standards, procedures and

controls to enable a Provider to prove, in

12.28-15

reasonable detail, to the satisfaction of the City

at all times throughout the Term, that a Provider

is in compliance with Franchise. A Provider shall

retain such records for not less than the

applicable statute of limitations.

C. Maintain records. A Provider shall at all times

maintain:

1. On file with the City, a full and complete set

of plans, records and ―as-built‖ hard copy

maps and, to the extent the maps are placed in

an electronic format, they shall be made in

electronic format compatible with the City’s

existing GIS system, of all existing and

proposed installations and the types of

equipment and Systems installed or constructed

in the Rights-of-Way, properly identified and

described as to the types of equipment and

facility by appropriate symbols and marks

which shall include annotations of all Rights-

of-Way where work will be undertaken. As used

herein, ―as-built‖ maps includes ―file

construction prints.‖ Maps shall be drawn to

scale. ―As-built‖ maps are not required of

the Provider who is the incumbent local

exchange carrier for the existing System to

the extent they do not exist.

2. Throughout the term of the Franchise, a

Provider shall maintain complete and accurate

books of account and records of the business,

ownership, and operations of a Provider with

respect to the System in a manner that allows

the City at all times to determine whether a

Provider is in compliance with the Franchise.

Should the City reasonably determine that the

records are not being maintained in such a

manner, a Provider shall alter the manner in

which the books and/or records are maintained

so that a Provider comes into compliance with

this Section. All financial books and records

which are maintained in accordance with the

regulations of the FCC and any governmental

entity that regulates utilities in the State

of Utah, and generally accepted accounting

principles shall be deemed to be acceptable

under this Section.

D. Confidentiality. If the information required to be

submitted is proprietary in nature or must be kept

confidential by federal, state or local law, upon

proper request by a Provider, such information

shall be classified as a Protected Record within

the meaning of the Utah Government Records Access

and Management Act (―GRAMA‖), making it available

only to those who must have access to perform their

duties on behalf of the City, provided that a

Provider notifies the City of, and clearly labels

12.28-16

the information which a Provider deems to be

confidential, proprietary information. Such

notification and labeling shall be the sole

responsibility of the Provider.

E. Provider’s expense. All reports and records

required under this Ordinance shall be furnished at

the sole expense of a Provider, except as otherwise

provided in this Ordinance or a Franchise.

F. Right of inspection. For the purpose of verifying

the correct amount of the franchise fee, the books

and records of the Provider pertaining thereto

shall be open to inspection or audit by duly

authorized representatives of the City at all

reasonably times, upon giving reasonable notice of

the intention to inspect or audit the books and

records, provided that the City shall not audit the

books and records of the Provider more often than

annually. The Provider agrees to reimburse the

City the reasonable costs of an audit if the audit

discloses that the Provider has paid ninety-five

percent (95%) or less of the compensation due the

City for the period of such audit. In the event

the accounting rendered to the City by the Provider

herein is found to be incorrect, then payment shall

be made on the corrected amount within thirty (30)

calendar days of written notice, it being agreed

that the City may accept any amount offered by the

Provider, but the acceptance thereof by the City

shall not be deemed a settlement of such item if

the amount is in dispute or is later found to be

incorrect.

12.28.090 Right of City.

A. Enforcement and remedies.

1. Enforcement – City designee. The City is

responsible for enforcing and administering

this Ordinance, and the City or its designee,

as appointed by the Mayor, is authorized to

give any notice required by law or under any

Franchise Agreement.

2. Enforcement provision. Any Franchise granted

pursuant to this Ordinance shall contain

appropriate provisions for enforcement,

compensation, and protection of the public,

consistent with the other provisions of this

Ordinance, including, but not limited to,

defining events of default, procedures for

accessing the Bond/Security Fund, and rights

of termination of revocation.

B. Force majeure. In the event a Provider’s

performance of any of the terms, conditions or

obligations required by this Ordinance or a

Franchise is prevented by a cause or event not

within a Provider’s control, such inability to

perform shall be deemed excused and no penalties or

12.28-17

sanctions shall be imposed as a result thereof.

For the purpose of this section, causes or events

not within the control of a Provider shall include,

without limitation, acts of God, strikes, sabotage,

riots or civil disturbances, failure or loss of

utilities, explosions, acts of public enemies, and

natural disasters such as floods, earthquakes,

landslides, and fires.

C. Extended operation and continuity of services.

1. Continuation after expiration. Upon either

expiration or revocation of a Franchise

granted pursuant to this Ordinance, the City

shall have discretion to permit a Provider to

continue to operate its System or provide

Services for an extended period of time not to

exceed six (6) months from the date of such

expiration or revocation. A Provider shall

continue to operate its System under the terms

and conditions of this Ordinance and the

Franchise granted pursuant to this Ordinance.

2. Continuation by incumbent local exchange

carrier. If the Provider is the incumbent

local exchange carrier, it shall be permitted

to continue to operate its System and provide

Services without regard to revocation or

expiration, but shall be obligated to

negotiate a renewal in good faith.

D. Removal or abandonment of franchise property.

1. Abandoned system. In the event that:

a. The use of any portion of the System is

discontinued for a continuous period of

twelve (12) months, and thirty (30) days

after no response to written notice from

the City to the last known address of

Provider;

b. Any System has been installed in the

Rights-of-Way without complying with the

requirements of this Ordinance or

Franchise; or

c. The provisions of Section 12.28.030,

Subsection D are applicable and no

Franchise is granted, a Provider, except

the Provider who is an incumbent local

exchange carrier, shall be deemed to have

abandoned such System.

2. Removal of Abandoned System. The City, upon

such terms as it may impose, may give a

Provider written permission to abandon,

without removing, any System, or portion

thereof, directly constructed, operated or

maintained under a Franchise. Unless such

permission is granted or unless otherwise

provided in this Ordinance, a Provider shall

remove within a reasonable time the abandoned

System and shall restore, using prudent

12.28-18

construction standards, any affected Rights-

of-Way to their former state at the time such

System was installed, so as not to impair

their usefulness. In removing its plant,

structures, and equipment, a Provider shall

refill, at its own expense, any excavation

necessarily made by it and shall leave all

Rights-of-Way in as good condition as that

prevailing prior to such removal without

attachments. The City shall have the right to

inspect and approve the condition of the

Rights-of-Way cables, wires, attachments and

poles prior to and after removal. The

liability, indemnity, and insurance provisions

of this Ordinance and any security fund

provided in a Franchise shall continue in full

force and effect during the period of removal

and until full compliance by a Provider with

the terms and conditions of this Section.

3. Transfer of abandoned system to city. Upon

abandonment of any System in place, a

Provider, if required by the City, shall

submit to the City a written instrument,

satisfactory in form to the City, transferring

to the City the ownership of the abandoned

System.

4. Removal of above-ground system. At the

expiration of the term for which a Franchise

is granted, or upon its revocation or earlier

expiration, as provided for by this Ordinance,

in any such case without renewal, extension or

transfer, the City shall have the right to

require a Provider to remove, at its expense,

all above-ground portions of a System from the

Rights-of-Way within a reasonable period of

time, which shall not be less than one hundred

eight (180) days. If the Provider is the

incumbent local exchange carrier, it shall not

be required to remove its System, but shall

negotiate a renewal in good faith.

5. Leaving underground system. Notwithstanding

anything to the contrary set forth in this

Ordinance, a Provider may abandon any

underground System in place as long as it does

not materially interfere with the use of the

Rights-of-Way or with the use thereof by any

public utility, cable operator or other

Person.

12.28.100 Obligation to Notify.

Publicizing work. Before entering onto any private

property, a Provider shall make a good faith attempt to

contact the property owners in advance, and describe the work

to be performed.

12.28-19

12.28.110 General Provisions.

A. Conflicts. In the event of a conflict between any

provision of this Ordinance and a Franchise entered

pursuant to it, the provisions of this Ordinance in

effect at the time the Franchise is entered into

shall control.

B. Severability. If any provision of this Ordinance

is held by any federal, state, or local court of

competent jurisdiction, to be invalid as

conflicting with any federal or state statue, or is

ordered by a court to be modified in any way in

order to conform to the requirements of any such

law and all appellate remedies with regard to the

validity of the Ordinance provisions in question

are exhausted, such provision shall be considered a

separate, distinct, and enforceability of all other

provisions hereof. In the event that such law is

subsequently repealed, rescinded, amended or

otherwise changed, so that the provision which had

been held invalid or modified is no longer in

conflict with such law the provision in question

shall return to full force and effect and shall

again be binding on the City and the Provider,

provided that the City shall give the Provider

thirty (30) days, or a longer period of time as may

be reasonably required for a Provider to comply

with such a rejuvenated provision, written notice

of the change before requiring compliance with such

provision.

C. New developments. It shall be the policy of the

City to liberally amend this Ordinance, upon

Application of a Provider, when necessary to enable

the Provider to take advantage of any developments

in the field of Telecommunications which will

afford the Provider an opportunity to more

effectively efficiently, or economically serve

itself or the public.

D. Notices. All notices from a Provider to the City

required under this Ordinance or pursuant to a

Franchise granted pursuant to this Ordinance shall

be directed to the officer as designated by the

Mayor. A Provider shall provide in any application

for a Franchise the identity, address, and phone

number to receive notices from the City. A

Provider shall immediately notify the City of any

change in its name, address, or telephone number.

E. Exercise of police power. To the full extent

permitted by applicable law either now or in the

future, the City reserves the right to adopt or

issue such rules, regulations, orders, or other

directive that it finds necessary or appropriate in

the lawful exercise of its police powers.

12.28.120 Federal, State and City Jurisdiction.

A. Construction. This Ordinance shall be construed in

12.28-20

a manner consistent with all applicable federal and

state statutes.

B. Ordinance applicability. This Ordinance shall

apply to all Franchises granted or renewed after

the effective date of this Ordinance. This

Ordinance shall further apply, to the extent

permitted by applicable federal or state law to all

existing Franchises granted prior to the effective

date of this Ordinance and to a Provider providing

Services, without a Franchise, prior to the

effective date of this Ordinance.

C. Other applicable ordinances. A provider’s rights

are subject to the police powers of the City to

adopt and enforce ordinances necessary to the

health, safety, and welfare of the public. A

Provider shall comply with all applicable general

laws and ordinances enacted by the City pursuant to

its police powers. In particular, all Providers

shall comply with the City zoning and other land

use requirements.

D. City failure to enforce. A Provider shall not be

relieved of its obligation to comply with any of

the provisions of this Ordinance or any Franchise

granted pursuant to this Ordinance by reason of any

failure of the City to enforce prompt compliance.

E. Construed according to Utah law. This Ordinance

and any Franchise granted pursuant to this

Ordinance shall be construed and enforced in

accordance with the substantive laws of the State

of Utah. (Ord.98-09)

title 12 12a.pdf · 12.04.030 cellar door openings. 12.04.040 coal holes and other openings....

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