park city municipal code table of contents

park city municipal code table of contents
PARK CITY MUNICIPAL CODE
TABLE OF CONTENTS
TITLE 6 - HEALTH, NUISANCE ABATEMENT, NOISE
TITLE 6 - HEALTH, NUISANCE ABATEMENT, NOISE
CHAPTER 1 - ABATEMENT OF GARBAGE AND OTHER DELETERIOUS
MATERIAL........................................................................................................ 6-1
6- 1- 1.
DISPOSAL REQUIRED. .......................................................... 6-1
6- 1- 2.
FIRE MARSHALL. ................................................................... 6-1
6- 1- 3.
NOTICE TO PROPERTY OWNERS. ...................................... 6-1
6- 1- 4.
NEGLECT OF PROPERTY OWNERS. ................................... 6-2
6- 1- 5.
COSTS OF REMOVAL INCLUDED IN TAX NOTICE. ........ 6-2
6- 1- 6.
USE OF PUBLIC TRASH RECEPTACLES. ........................... 6-3
6- 1- 7.
LITTERING PROHIBITED. .................................................... 6-3
6- 1- 8.
HAULING OF REFUSE TO BE IN CLOSED CONTAINER OR
COVERED VEHICLE ..................................................... 6-3
6- 1- 9.
CITY APPROVAL OF DUMPSTER SITES. .......................... 6-3
6- 1-10.
USE OF PRIVATE DUMPSTERS OR TRASH
RECEPTACLES. ........................................................... 6-3
6- 1-11
COLLECTION TIME-PLACEMENT OF PRIVATE TRASH
RECEPTACLES .............................................................. 6-3
6 1-12
IDENTIFICATION AND LABELING OF PRIVATE TRASH
RECEPTACLES .............................................................. 6-4
CHAPTER 2 - BURGLARY AND ROBBERY ALARMS ........................................ 6-4
6- 2- 1.
DEFINITIONS. .......................................................................... 6-4
6- 2- 2.
NOTIFICATION REQUIRED. .................................................. 6-4
6- 2- 3.
FALSE ALARMS. ....................................................................... 6-4
6- 2- 4.
CASH DEPOSIT TO BE POSTED. .......................................... 6-5
6- 2- 5.
PRIVATE SECURITY RESPONSE. ........................................ 6-5
6- 2- 6.
PENALTY. ................................................................................ 6-5
6- 2- 7.
DIRECT ACCESS ALARM SYSTEMS. ................................ 6-6
CHAPTER 3 - NOISE ................................................................................................... 6-7
6- 3- 1.
DEFINITIONS. .......................................................................... 6-7
6- 3- 2.
PURPOSE. ................................................................................. 6-8
6- 3- 3.
JURISDICTION. ........................................................................ 6-9
6- 3- 4.
POWERS AND DUTIES. ......................................................... 6-9
6- 3- 5.
SCOPE. ...................................................................................... 6-9
6- 3- 6.
EMERGENCY ORDERS. ......................................................... 6-9
PARK CITY MUNICIPAL CODE
TABLE OF CONTENTS
TITLE 6 - HEALTH, NUISANCE ABATEMENT, NOISE
6- 3- 7.
6- 3- 8.
6- 3- 9.
6- 3-10.
6- 3-11.
6- 3-12.
6- 3-13.
6- 3-14.
6- 3-15.
GENERAL PROHIBITION OF NOISE. ................................... 6-9
SPECIFIC NOISE PROHIBITIONS. ........................................ 6-9
NOISE LEVELS. ..................................................................... 6-12
EXEMPTIONS. ....................................................................... 6-13
RELIEF FROM RESTRICTIONS. .......................................... 6-13
MOTOR VEHICLE NOISE. ................................................... 6-14
ENFORCEMENT RESPONSIBILITY. .................................. 6-14
ENFORCEMENT. ................................................................... 6-14
PENALTY. .............................................................................. 6-14
CHAPTER 4 - MINE SHAFTS AND TUNNELS .................................................... 6-15
6- 4- 1.
DEFINITIONS ......................................................................... 6-16
6- 4- 2.
MAINTENANCE OF PHYSICAL MINE HAZARDS
PROHIBITED .......................................................................... 6-16
6- 4- 3.
VIOLATIONS - NUISANCE - ABATEMENT ..................... 6-16
6- 4- 4.
OTHER CLAIMS NOT PRECLUDED .................................. 6-16
PARK CITY MUNICIPAL CODE - TITLE 6 HEALTH, NUISANCE ABATEMENT,
NOISE
6-1
TITLE 6 - HEALTH, NUISANCE ABATEMENT,
NOISE
CHAPTER 1 - ABATEMENT OF
GARBAGE AND OTHER
DELETERIOUS MATERIAL
6- 1- 1.
DISPOSAL REQUIRED.
Every owner or occupant of any structure,
lot or property within Park City shall have
the obligation to properly dispose of and
keep those premises free from refuse,
including garbage, trash and debris, junked
automobiles, flammable materials, as
defined in the Uniform Fire Code, noxious
weeds, or any deleterious or unsightly
material, objects or structures.
6- 1- 2.
FIRE MARSHALL.
It shall be the duty of the City Fire Marshall
or his/her designee to act as City inspector
for the purpose of enforcing this ordinance.
6- 1- 3.
OWNERS.
NOTICE TO PROPERTY
Under the authority of U.C.A. Section 1011-2 and this title, it shall be the duty of the
City inspector to make careful examination
and investigation of the City to determine
which properties, if any, are not in
compliance with Section 6-1-1 of this title.
The inspector shall ascertain the names of
the owners and descriptions of properties not
in compliance with Section 6-1-1 of this title
and serve notice either personally or by mail,
postage prepaid, to the owner and occupant
at their last known mailing address as
disclosed by the records of the County
Assessor for owners and the records of the
water department or the address assigned to
the property for occupants. Notice shall also
be posted upon the property. The notice
shall require the owner or occupant to
eradicate, remove, destroy or to abate the
condition within such a time as designated
by the city inspector, but in no case less than
ten (10) days from the date of service of
such notice. The inspector shall make proof
of service of such notice under oath and file
the same with the County Treasurer. One
notice shall be deemed sufficient on any lot
or parcel of property for the entire season of
weed growth for that year.
6- 1- 4.
NEGLECT OF
PROPERTY OWNERS.
If any owner or occupant of lands described
in such notice shall fail or neglect to
eradicate, remove, destroy or abate such
PARK CITY MUNICIPAL CODE - TITLE 6 HEALTH, NUISANCE ABATEMENT,
NOISE
6-2
refuse, garbage, trash, debris, junked
automobiles, flammable materials, noxious
weeds, deleterious or unsightly material,
objects or structures in accordance with such
notice the owner or occupant shall be guilty
of a Class B misdemeanor, and the inspector
may, at the expense of the City, employ
necessary assistance and cause such weeds,
garbage, refuse or deleterious objects to be
removed or destroyed. He shall prepare an
itemized statement of all expenses incurred
in the removal and destruction of same, and
shall mail a copy thereof to the owner,
demanding payment within twenty (20) days
of the date of the mailing. Such notice shall
be deemed delivered when mailed by
registered mail addressed to the property
owners' and tenants' last known address and
posted on the property. In the event the
owner fails to make payment of the amount
set forth in the statement to the City
Treasurer within twenty (20) days, the
inspector, on behalf of the City, may cause
suit to be brought in an appropriate court of
law or may refer the matter to the Summit
County Treasurer as provided in this
ordinance. In the event collection of costs
are pursued through the courts, the City may
execute on any judgment in the manner
provided by law. In the event that the City
inspector elects to refer the matter to the
County Treasurer for inclusion in the tax
notice of the property owner, the City
inspector shall make, in triplicate, an
itemized statement of all expense incurred in
the removal and destruction of the same, and
shall deliver the three (3) copies of the
statement to the County Treasurer together
with an affidavit stating the owner and
occupant were served notice to eradicate,
abate or destroy and remove the weeds,
garbage, refuse, and objects within ten (10)
days after completion of the work of
removing such weeds, garbage, refuse,
objects or structures.
6- 1- 5. COSTS OF REMOVAL
INCLUDED IN TAX NOTICE.
Upon receipt of the itemized statement of
the cost of destroying, abating or removing
such weeds, refuse, garbage, objects or
structures, the County Treasurer shall
forthwith mail one copy to the owner of the
land from which the same were removed or
abated, together with a notice stating that
objections to the whole or any part of the
statement so filed may be made, in writing,
within thirty (30) days to the Board of
County Commissioners. If objections to any
statement are filed with the County
Commissioners, the Commissioners shall set
a date for hearing, giving notice thereof, and
upon the hearing, fix and determine the
actual cost of removing or abating the
weeds, garbage, refuse or unsightly or
deleterious objects or structures, and report
their findings to the County Treasurer. If no
objections to the items of the account so
filed are made with thirty (30) days of the
date of mailing such itemized statement, the
County Treasurer shall enter the amount of
such statement on the assessment roles of
the County in the column prepared for that
purpose, and likewise within ten (10) days
from the date of the action of the Board of
County Commissioners upon objections
filed shall enter in the prepared column of
the tax rolls the amount found by the Board
of County Commissioners as the cost of
abating or removing and destroying the said
weeds, refuse, garbage or unsightly and
PARK CITY MUNICIPAL CODE - TITLE 6 HEALTH, NUISANCE ABATEMENT,
NOISE
6-3
deleterious objects or structures. If current
tax notices have been mailed, said taxes may
be carried over on the rolls to the following
year. After entry by the County Treasurer of
the costs of abating or removing weeds,
garbage, refuse, or unsightly and deleterious
objects or structure, the amount so entered
shall have the force and effect of a valid
judgment of the District Court, and shall be
a lien upon the lands where the weeds,
refuse, garbage or unsightly and deleterious
objects or structures were removed and
destroyed or abated and shall be collected by
the County Treasurer at the time of payment
of general taxes. Upon payment thereof,
receipt shall be acknowledged upon the
general tax received issued by the Treasurer.
6- 1- 6.
USE OF PUBLIC TRASH
RECEPTACLES.
Public trash receptacles are for the
occasional non-commercial use of the
general public and no individual or business
entity may deposit the refuse from its
commercial activity in a public trash
receptacle in lieu of regular garbage
disposal.
6- 1- 7.
LITTERING
PROHIBITED.
No waste or other material including soils,
rocks, and earth of any kind may be thrown,
permitted to be deposited or placed in an
open container in such manner that it may
blow upon or be scattered upon any
sidewalk, street, alley, or public passageway
or upon any private property.
6- 1- 8.
HAULING OF REFUSE
TO BE IN CLOSED CONTAINER OR
COVERED VEHICLE.
All refuse hauled or conveyed within the city
limits of the City shall be hauled in a closed
container, or if being hauled or conveyed in
a vehicle, shall be covered or closed in so
that the contents cannot fall or be blown
from the container or vehicle used for such
hauling or conveying.
6- 1- 9.
CITY APPROVAL OF
DUMPSTER SITES.
Written approval of the site by the
Community Development Director must be
received prior to locating any dumpster in or
on City rights-of-way or properties.
6- 1-10.
USE OF PRIVATE
DUMPSTERS OR TRASH
RECEPTACLES.
Private dumpsters or trash receptacles are for
the exclusive use of the lessee or owner and
no individual or business or commercial
entity may deposit more than one cubic foot
(1 ft.3) of solid waster or refuse into a
private dumpster or trash receptacle without
the prior written consent of the lessee or
owner.
(Created by Ord. No. 15-54)
6-1-11.
COLLECTION TIME PLACEMENT OF PRIVATE TRASH
RECEPTACLES.
Trash receptacles to be collected and
emptied curbside by the County, or a
PARK CITY MUNICIPAL CODE - TITLE 6 HEALTH, NUISANCE ABATEMENT,
NOISE
6-4
licensed collector, shall be set out for
collection at the time and place as may be
designated by the County, or licensed
contractor. Such receptacles must not be set
out for collection prior to 6:00 PM of the
day before collection.
With the exception for property in the HCB
Zone which is regulated by 15-2.6-11, all
empty trash receptacles in HCB, HR-1, HR2 A/B, HRC, HRL, and HRM must be
removed from the street as soon as practical
after being emptied, and in every case must
be removed from the street prior to 11:59
PM the day they are emptied.
Each day that a violation of this section
occurs shall constitute a separate offense.
This ordinance does not apply to municipal
receptacles or dumpsters approved pursuant
to Section 6-1-9.
Violations of this Section are infractions,
punishable by a fine, fee or civil penalty not
to exceed Seven Hundred and Fifty Dollars
CHAPTER 2 - BURGLARY AND
ROBBERY ALARMS
6-2-1.
DEFINITIONS.
All words and phrases used in this article
shall have the following meanings unless a
different meaning clearly appears from the
context:
(A)
ALARM. Any telephonic or
electronic device used to notify the police
about acts of a crime or emergency.
($750), including confiscation of the garbage
container by the City, but not imprisonment.
(Created by Ord. No. 15-54)
6-1-12.
IDENTIFICATION AND
LABELING OF PRIVATE TRASH
RECEPTACLES
Private trash receptacles to be collected and
emptied curbside by the County, or a
licensed collector, shall be labeled on the
street facing panel and on the lid of the
receptacle. The label must contain, at
minimum, the street number of the
receptacles associated address. Labels must
be at least two (2) inches in height and one
(1) in width. Labels may be stickers, written,
painted, or otherwise applied. Labels must
not interfere with the collection of the
receptacle.
Any receptacle that is not labeled prior to
December 17, 2015 is subject to
confiscation.
(B)
ALARM BUSINESS. The business
by any individual, partnership, corporation,
or other entity selling, leasing, maintaining,
servicing, repairing, altering, replacing,
moving, or installing any Alarm system or
causing to be sold, leased, maintained,
serviced, repaired, altered, replaced, moved,
or installed any Alarm system in or on any
building structure, or facility.
(C)
ALARM USER. The person, firm,
partnership, association, corporation,
company, or organization of any kind in
possession and control of any building,
PARK CITY MUNICIPAL CODE - TITLE 6 HEALTH, NUISANCE ABATEMENT,
NOISE
6-5
structure or part thereof, or facility wherein
an Alarm system is maintained.
(D)
AUTOMATIC DIALING
DEVICE. A device, which is
interconnected to a telephone line and is
programmed to select a predetermined
telephone number and transmit by voice
message or code signal an emergency
message indicating a need for emergency
response.
(E)
CHIEF OF POLICE. The Director
of the Park City Police Department or
his/her authorized and designated
representative.
(F)
DIRECT ACCESS ALARM
SYSTEM. A system, which has remote
access to the automatic monitoring devices
installed in the City dispatch center.
(G)
FALSE ALARM. An alarm signal,
eliciting a response by police officials when
a situation requiring a police response does
not in fact exist, but does not include an
Alarm signal caused by violent conditions of
(B)
MISUSE OR TEMPERING
WITH AN ALARM SYSTEM. It shall be
unlawful for any person or Alarm User to
misuse, tamper with, alter, or obstruct any
Alarm System, whether or not such misuse,
tampering, alteration, or obstruction causes
the Alarm to signal entry into the premises,
unless such person is an authorized
technician duly authorized by the Alarm
User to perform maintenance or testing on
such Alarm, and provided that such
technician has notified the Park City Police
Department, Summit County Sheriff's
nature or other extraordinary circumstances
not reasonable subject to control by the
Alarm Business operator or Alarm User.
6-2-2.
NOTIFICATION
REQUIRED.
It shall be unlawful for a person to maintain
an Alarm on any premises without first
providing the Park City Police Department a
list of persons with telephone numbers, who
are authorized and responsible to enter the
Alarm User's premises and deactivate the
Alarm. It is unlawful for any person named
on such list, who has been personally
contacted by police, to fail to appear within
the time designated by police and inactivate
the Alarm for which he is responsible.
6-2-3.
FALSE ALARMS.
(A)
FALSE ALARMS PROHIBITED.
It shall be unlawful for a person to cause a
False Alarm deliberately or through
inadvertence or neglect.
Department, and the Alarm User of such
maintenance.
6-2-4.
POSTED.
CASH DEPOSIT TO BE
It shall be unlawful for any person or
corporation to maintain an Alarm System on
any premises unless there shall have been
posted with the Park City Municipal
Corporation a cash deposit in the amount of
One Hundred Dollars ($100.00), portions of
which are to be forfeited upon the giving of
False Alarms as hereinafter provided.
PARK CITY MUNICIPAL CODE - TITLE 6 HEALTH, NUISANCE ABATEMENT,
NOISE
6-6
6-2-5. PRIVATE SECURITY
RESPONSE.
Police Department pursuant to Section 6-2-2
of this Chapter.
6-2-6.
(A)
If an Alarm is answered or monitored
by a private security firm or other such
individual not associated with publiclyfunded law enforcement, and the Alarm
User or monitoring agency does not wish
response by the Park City Police Department
until such Alarm has been verified by the
Alarm User or monitoring agency, then the
deposit pursuant to Section 6-2-4 of this
Chapter shall not apply, provided, however,
that the Park City Police Department and the
Summit County dispatch have been notified
in writing that no police response is desired
unless specifically requested by an alarm
user, responsible party for the alarm, or
private security firm.
(B)
All Alarms, whether monitored and
responded to by the Park City Police
Department, private security firm, or other
such person or agency responsible for the
Alarm, must be registered with the Park City
(B)
PENALTY FEES SUBSEQUENT
RESPONSES. For a second response to the
same premises within six (6) months after
such "first response," and for all subsequent
responses, The Police Chief shall charge
Twenty-Five Dollars ($25.00) and deduct
each such charge from the posted deposit.
In the event such deposit becomes
exhausted, the Alarm shall be disconnected
and/or responses to such Alarm shall be
discontinued by emergency services
personnel until such time as all fees are paid
and a new deposit in the amount of One
Hundred Dollars ($100.00) is posted with
the Park City Police Department and the
PENALTY.
For a police response to a False Alarm, the
Police Chief shall charge and collect the
following fees from the Alarm User, which
fees shall be initially deducted from the
deposit posted with Park City Municipal
Corporation:
(A)
PENALTY FEES FIRST
RESPONSE. For response to premises at
which no other False Alarm has occurred
within the preceding six (6) month period,
hereinafter referred to as "first response," no
fee shall be charged and no deduction from
the deposit shall occur. The police
responding to the "first response" Alarm
shall provide written notification to the
Alarm User that subsequent responses to
False Alarms will cause deductions from the
posted deposit.
Alarm has been inspected by a qualified
technician.
(C)
SENTENCING. Any person
convicted of a violation of, or failure to
comply with, any of the provisions of this
Chapter shall be punishable in accordance
with Section 8-1-19 through 8-1-33 of the
Municipal Code of Park City.
(D)
WILLFUL FALSE ALARM. Any
person, including Alarm User, who
knowingly and deliberately activates an
Alarm System when no emergency situation
exists at the premises, shall be guilty of a
PARK CITY MUNICIPAL CODE - TITLE 6 HEALTH, NUISANCE ABATEMENT,
NOISE
6-7
Class B misdemeanor and be subject to a
fine of not more than One Thousand Dollars
($1,000.00 ), imprisonment for six (6)
months, or both.
6-2-7.
DIRECT ACCESS
ALARM SYSTEMS.
Direct Access Alarm Systems are allowed
under the following terms and conditions:
(A)
EQUIPMENT. Any direct access
equipment shall be approved in advance by
the Chief of Police for compatibility with
existing equipment in the dispatch center,
and to eliminate duplicate or overlapping
equipment. Automatic telephone tape
dialing devices, which dial the emergency
phone number and give a taped message will
not be allowed. Some kind of alarm
transmitting device that provides the
information from the Alarm to the City
monitor is required.
(B)
INSTALLATION. Installation will
be to Park City Police Department
specifications, and all the costs of
(D)
ALARM SERVICE CONTRACT.
Each Alarm company making a Direct
Access Alarm System connection to the
dispatch center shall sign a contract with the
City setting forth the nature of its expected
response to the Alarm, the protocol of
notifying the Alarm company and the
conditions under which the Park City Police
Department will make the initial response to
the Alarm, penalties for repeated False
Alarms (which will include loss of that
location's Direct Access Alarm System
privilege, or in the case of a company that
has an unusually large number of False
installation will be on the private alarm
company making the installation. The City
does not insure private alarm monitoring
devices. Direct Access Alarm Systems
equipment is installed at the sole risk of the
owner.
(C)
CHARGES. In lieu of the One
Hundred Dollar ($100.00) Deposit charged
for alarms that are not installed as a Direct
Access Alarm System, there shall be an
initial charge of One Hundred Dollars
($100.00) per alarm connected through a
Direct Access Alarm System device for the
installation of the Alarm. For purposes of
this section, each remote Alarm installation
location is a separate Alarm for which
$100.00 is charged, whether that system
monitors burglary, fire, mechanical failure or
other functions at that location. For each
subsequent year, the Direct Access Alarm
System user shall pay a fee of Fifty Dollars
($50.00) per year or part thereof for each
Alarm installation location.
Alarms, the loss of that company's Direct
Access Alarm System privilege), insurance
of Alarm equipment and response personnel,
and similar mechanical items that deal with
the relationship between the City as the
dispatch monitoring center and the Park City
Police Department as the primary law
enforcement agency in the City, and the
Alarm company and its customers as the
persons requesting emergency service
through automatic devices.
(E)
ELIGIBILITY. The City will
permit only private security firms which are
PARK CITY MUNICIPAL CODE - TITLE 6 HEALTH, NUISANCE ABATEMENT,
NOISE
6-8
licensed by the state of Utah, and which
have Park City business licenses, to connect
to the Direct Access Alarm System devices.
Each private security system must agree to
maintain locally-based twenty-four (24) hour
a day response personnel Private security
companies not meeting these standards will
not be permitted to connect to the City
dispatch by Direct Access Alarm System
devices. If a private company that was in
compliance at the time of connection is later
found not to comply, the Direct Access
Alarm System privilege will be terminated
by the City.
CHAPTER 3 - NOISE
6- 3- 1.
DEFINITIONS.
For purposes of these regulations, unless
otherwise defined in other sections of these
regulations, the following terms, phrases,
and words shall have the meaning herein
given:
(A)
CONTINUOUS SOUND. Any
sound that exists, essentially without
interruption, for a period of ten minutes or
more.
(B)
CYCLICALLY VARYING
NOISE. Any sound that varies in sound
level so that the same level is obtained
repetitively at reasonable uniform levels of
time.
(C)
DEVICE. Any mechanism that is
intended to produce, or that actually
produces noise when operated or handled.
(D)
DYNAMIC BRAKING DEVICE.
A device used primarily on trucks for the
conversion of the engine from an internal
combustion engine to an air compressor for
the purpose of braking without the use of
wheel brakes, commonly referred to as
"Jacob's Brake" or "Jake Brake".
(E)
EMERGENCY. A situation or
occurrence, which in the opinion of the City
Manager, Chief of Police, Chief Building
Official, or City Engineer, presents an
imminent threat to the health, safety or
welfare of any person, place or property.
PARK CITY MUNICIPAL CODE - TITLE 6 HEALTH, NUISANCE ABATEMENT,
NOISE
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(F)
EMERGENCY WORK. Work
required to restore property to a safe
condition following a public calamity or to
protect persons or property from an
imminent exposure to danger.
(G)
EMERGENCY VEHICLE. A
motor vehicle used in response to a public
calamity or to protect persons or property
from an imminent exposure to danger.
(H)
IMPULSIVE NOISE. A noise
containing excursions usually less than one
second.
(I)
MOTOR VEHICLE. Any vehicle
that is self-propelled by mechanical power,
including, but not limited to, passenger cars,
trucks, truck-trailers, semi-trailers, campers,
motorcycles, mini-bikes, go-carts,
snowmobiles, and racing vehicles.
(J)
MUFFLER. An apparatus
consisting of a series of chambers or baffle
plates designated to transmit gases while
reducing sound.
of that noise is unambiguously transferred to
the listener, including, but not limited to the
understanding of spoken speech,
comprehension of whether a voice is raised
or normal, or comprehension of musical
rhythms.
(N)
PROPERTY BOUNDARY. An
imaginary line at the ground surface, and its
vertical extension that separates the real
property owned by one person from that
owned by another person.
(O)
SOUND. A temporal and spatial
oscillation in pressure, or other physical
quantity with interval forces that cause
compression or rarefaction of the medium,
and that propagates at finite speed to distant
points.
(P)
STATIONARY NOISE SOURCE.
Any device, fixed or movable, that is
located or used on property other than a
public right-of-way.
6- 3- 2.
PURPOSE.
(K)
NOISE DISTURBANCE. Any
sound that annoys or disturbs a reasonable
person(s) with normal sensitivities or that
injures or endangers the comfort, repose,
health, hearing, peace, or safety of another
person(s).
These regulations establish minimum
standards to:
(L)
NOISE. Any sound that is unwanted
and causes or tends to cause an adverse
psychological or physiological effect on
human beings.
(B)
Prevent the making, creation, or
maintenance of such excessive, unnecessary,
or unusually loud noises that are prolonged,
unusual, or unreasonable in their time, place,
or use, that affect and are a detriment to
public health, comfort, convenience, safety,
or welfare of the residents of the City; and
(M) PLAINLY AUDIBLE NOISE.
Any noise for which the information content
(A)
Reduce the making and creation of
excessive, unnecessary, or unusually loud
noises within the limits of Park City, Utah;
PARK CITY MUNICIPAL CODE - TITLE 6 HEALTH, NUISANCE ABATEMENT,
NOISE
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(C)
Secure and promote the public
health, comfort, convenience, safety, welfare
and the peace and quiet of the residents of
the City.
6- 3- 3.
JURISDICTION.
All noise control in this Chapter shall be
subject to the direction and control of the
Police Department, Building Department
and City Manager.
6- 3- 4.
POWERS AND DUTIES.
The Police Department and Building
Department shall be responsible for the
administration of these rules and regulations
and any other powers vested in it by law and
shall make inspections of any premises and
issue orders as necessary to effect the
purposes of these regulations, and do any
and all acts permitted by law that are
necessary for the successful enforcement of
these regulations.
6- 3- 5.
6- 3- 6.
EMERGENCY ORDERS.
Whenever the Chief of Police, Building
Official, City Manager or their official
designees finds that an emergency exists
requiring immediate action to protect the
public health, safety, or well-being of the
public, one or all of the following actions
may be taken:
(A)
PUBLIC CALAMITY. In time of a
public calamity or disaster, emergency
suspension of these rules and regulations
may be ordered for the duration of seventytwo (72) hours, at which time the incident
will be assessed and further suspension of
these rules ended or extended.
(B)
APPROVE APPLICATION FOR
EXEMPTION FOR EMERGENCY
REASONS. An individual may apply for
emergency exemption to these rules and
regulations based on good and reasonable
cause due to emergency circumstances. See
definitions.
SCOPE.
It shall be unlawful for any person not to
comply with any rule or regulation
promulgated by this Chapter, unless
expressly waived by these rules and
regulations.
6- 3- 7.
GENERAL
PROHIBITION OF NOISE.
It shall be unlawful for any person to
produce, continue, or cause to be produced
or continued, any noise disturbance within
the limits of Park City as defined in this
Chapter.
6- 3- 8.
SPECIFIC NOISE
PROHIBITIONS.
The following acts are declared to be in
violation of these rules and regulations:
PARK CITY MUNICIPAL CODE - TITLE 6 HEALTH, NUISANCE ABATEMENT,
NOISE
6-11
(A)
HORNS AND SIGNALING
DEVICES. The sounding of any horn or
signaling device on any truck, automobile,
motorcycle, emergency vehicle, or other
within the City, except as a danger warning
signal as provided in the Vehicle Code of
the state of Utah.
(B)
RADIOS, TELEVISION SETS,
TAPE PLAYERS, COMPACT DISC
PLAYERS, MUSICAL INSTRUMENTS,
AND SIMILAR DEVICES. Using,
operating, or permitting, the use or operation
of any radio receiving set, musical
instrument, television, phonograph, drum, or
other machine or device for the production
or reproduction of sound:
(1)
between the hours of 10 p.m.
and 7 a.m. in a way that is plainly
audible beyond the property
boundary of the source; or
(2)
on public property, public
rights-of-way, or private property at
any time so as to be plainly audible
fifty feet (50') (15.25 meters) from
the device. Permits to exceed the
limits of this section may be issued
for special events on public property
by the Chief of Police, Building
Official or City Manager upon
approval from the agency operating
the public property.
(C)
PUBLIC LOUDSPEAKERS. The
use or operation of a loudspeaker or sound
amplifying equipment in a fixed or movable
position or mounted upon any sound vehicle
in or upon any street, alley, sidewalk, park,
place, or public or private property for the
purpose of commercial advertising, giving
instructions, directions, talks, addresses,
lectures, or transmission of music to any
persons or assemblages of persons in
violation of Section 6-3-9, or cause a noise
disturbance, unless a permit is first obtained
as provided by Section 6-3-11 or approval is
granted in a master festival license.
(D)
HAWKERS AND PEDDLERS.
Selling anything by outcry within any area of
the City in such a manner as to violate
Section 6-3-9. It shall be unlawful for any
person to solicit from any motor vehicle.
(E)
ANIMALS. Owning, keeping,
possessing, or harboring any animal or
animals that, by frequent or habitual noise
making, violates Section 6-3-9. The
provision of this section shall apply to all
private and public facilities, including any
animal facilities that hold or treat animals.
(F)
LOADING OPERATION.
Loading, unloading, opening, or otherwise
handling garbage containers between the
hours of 10 p.m. and 7 a.m.
(Amended by Ord. No. 11-03)
(G)
CONSTRUCTION WORK. In the
Historic Residential (HR-1), Historic
Transitional Overlay (HTO), Residential
Development (RD), Residential
Development-Medium Density (RDM),
Residential (R-1), Residential-medium
Density (RM), Recreation Open Space
(ROS), Estate (E), Historic Residential
Development Low-Density (HR-L), Single
Family (SF), Single Family Nightly Rental
(SF-N), Historic Residential Low Intensity
PARK CITY MUNICIPAL CODE - TITLE 6 HEALTH, NUISANCE ABATEMENT,
NOISE
6-12
Commercial Overlay Zone (HR-2), and
Regional Commercial Overlay (RCO)
Districts; it shall be unlawful for any person
to perform or cause to be performed, any
construction work on any construction site
under his control or at which he is employed
between the hours of 10 p.m. and 7 a.m. of
the following day, or before 9 a.m. on
Sundays. In all other zones, it shall be
unlawful to perform or cause to be
performed, construction work between the
hours of 10 p.m. and 6 a.m. of the following
day. The Building Official or City Engineer
may authorize extended hours for
construction operations or procedures which,
by their nature, require continuous
operation, or modify or waive the hours of
work for or on projects in generally isolated
areas where the extended hours do not
impact upon adjoining property occupants.
(H)
DOMESTIC POWER
EQUIPMENT. Operating or permitting the
operation of any power equipment rated five
horsepower or less in residential or
commercial zones, including, but not limited
to, power saw, sander, lawn mower, garden
equipment, or snow removal equipment for
home or building repair or ground
maintenance outdoors between the hours of
10 p.m. and 7 a.m. of the following day or
before 9 a.m. on Sunday.
(I)
FIREWORKS OR EXPLOSIVES.
The use of explosives, fireworks, discharge
guns or other explosive devices that are
audible across a property boundary, public
space, or right-of-way without first obtaining
a permit as provided by Section 6-3-11. The
provision shall not be construed to permit
activities prohibited by other statutes,
ordinances, or regulations governing such
activity.
(J)
LIQUOR LICENSED
PREMISES:
(1)
FAILURE TO CONTROL
NOISE. Permitting or providing
either live or recorded amplified
music without first having closed all
exterior doors and windows of the
licensed premises to control noise.
Doors may be opened to provide
ingress and egress, but shall not be
blocked in the open position to
provide ventilation. Doors shall be
equipped with automatic closing
devices to keep them in the closed
position except to permit ingress and
egress of patrons.
(2)
OUTDOOR SPEAKERS.
Permitting or causing to exist any
loud speaker or sound amplification
equipment on any outdoor balcony
deck, patio, or garden associated
with the licensed premises other than
speaker systems or sound
amplification equipment in
conjunction with approved outdoor
dining. As defined in the Land
Management Code conditional use
approval review, music is limited to
11 a.m. to 10 p.m. and may not
emanate beyond the boundaries of
the outdoor dining area.
(K)
MAIN STREET BUSINESSES OUTDOOR SPEAKERS. Permitting or
causing to exist any speaker or sound
amplification equipment on the outside of
PARK CITY MUNICIPAL CODE - TITLE 6 HEALTH, NUISANCE ABATEMENT,
NOISE
6-13
any premise on Main Street with the
exception of those businesses which are
allowed to have outside speakers as a part of
their conditional use permit for outdoor
dining or performances or events approved
by staff as a part of a master festival license.
As defined in the Land Management Code,
conditional use approval review, music is
limited to 11 a.m. to 10 p.m. and may not
emanate beyond the boundaries of the
outdoor dining area.
(L)
RACING EVENTS. Permitting any
motor vehicle racing event at any place in
violation of Section 6-3-9, without first
obtaining a permit as provided by Section 63-11.
(M) POWERED MODEL
MECHANICAL DEVICES. Flying a
model aircraft powered by internal
combustion engines, whether tethered or not,
or the firing or the operation of model rocket
vehicles or other similar noise-producing
devices, between the hours of 10 p.m. and 7
a.m. or in such a way as to violate Section 63-9.
(N)
DYNAMIC BRAKING DEVICES.
Operating any motor vehicle with a
dynamic braking device engaged, except:
(1)
To avoid imminent danger; or
(2)
Where permitted as posted on
the following streets:
-Ontario Canyon
-Royal Street
-Aerie Drive
during the following hours: 7 a.m.
thru 10 p.m., Monday thru Saturday,
and 9 a.m. thru 10 p.m. on Sundays.
(O)
DEFECT IN VEHICLE.
Operating or permitting the operation or use
of any truck, automobile, motorcycle, or
other motor vehicle because of disrepair or
mode of operation violates Section 6-3-9.
(O)
GARBAGE COLLECTION.
Collecting garbage, waste, or refuse between
the hours of 10 p.m. and 7 a.m. in any area
zoned residential or within three hundred
feet (300') of an area zoned residential.
(Q)
STANDING MOTOR
VEHICLES. Operating, causing, or
permitting the operation of any motor
vehicle or any auxiliary equipment attached
thereto either in violation of Section 6-3-9,
or in such a way as to cause a disturbance in
a residential zone for a consecutive period of
fifteen (15) minutes or longer.
(R)
BELLS AND ALARMS.
Sounding, operating, or permitting the
sounding or operation of an electronically
amplified signal from any burglar alarm,
bell, chime or clock, including but not
limited to, bells, chimes, or clocks in
schools, houses of religious worship or
governmental buildings that fail to meet the
standards in Section 6-3-9 for longer than
five (5) minutes in any hour.
(S)
FIXED SIREN, WHISTLES, AND
HORNS. Sounding or causing the sounding
of any whistle, horn, or siren as a signal for
commencing or suspending work or for any
other purpose in violation of Section 6-3-9,
PARK CITY MUNICIPAL CODE - TITLE 6 HEALTH, NUISANCE ABATEMENT,
NOISE
6-14
except as a sound signal of imminent
danger.
Commercial
10 pm to 6 am- Monday
through Saturday
(T)
RECREATION VEHICLES AND
SNOWMOBILES. Operating a
recreational vehicle or snowmobile in a way
that violates Section 6-3-9.
6- 3-10.
EXEMPTIONS.
6- 3- 9.
(A)
Noise of safety signals, warning
devices, and emergency pressure relief
valves;
NOISE LEVELS.
The making and/or creating of excessive or
unusually loud noise or sound within the
City as identified in the following
Subsection (A), or identified and measured
in the manner prescribed in Subsection (B),
or in violation of restricted hours as outlined
in Subsection (C) is unlawful.
(A)
On the public right-of-way or upon
public property, from the source or device as
to be plainly audible at a distance of fifty
feet (50') or on private property, as to be
plainly audible at the property line.
(B)
The noise shall be measured at a
distance of at least twenty-five feet (25')
from the source of the device upon public
property or within the public right-of-way or
twenty-five feet (25') from the property line
if upon private property, and shall be
measured on a decibel or sound level meter
of standard design and quality operated on
the "A" weighing scale. A measurement of
sixty-five (65) decibels shall be considered
to be excessive and unusually loud.
(C)
Hours of restriction are as follows:
Residential-
10 pm to 7 am Monday
through Saturday
Not before 9 am Sunday
The following uses and activities shall be
exempt from noise level regulations:
(B)
Noise resulting from any authorized
emergency vehicle when responding to an
emergency call or in time of an emergency;
(C)
Noise resulting from emergency
work;
(D)
Noise resulting from lawful
fireworks and noisemakers used for
celebration of an official holiday;
(E)
Any noise resulting from activities of
temporary nature during periods permitted
by law for which a license or permit has
been approved by the Director in accordance
with Section 6-3-11;
(F)
Any noise resulting from
snowmaking activities at ski areas; and
(G)
Any noise resulting from the
maintenance of golf courses.
(H)
Any noise resulting from snow
plowing or removal services.
(I)
Ten o'clock whistle.
PARK CITY MUNICIPAL CODE - TITLE 6 HEALTH, NUISANCE ABATEMENT,
NOISE
6-15
(J)
Noise resulting from a duly licensed
and operated Public Outdoor Music Plaza
pursuant to Title 4, Chapter 8A, of the
Municipal Code of Park City.
(Amended by Ord. No. 00-36)
6- 3-11.
RELIEF FROM
RESTRICTIONS.
Requests for relief from the noise
restrictions in these rules and regulations
may be made by the Building Official as it
pertains to building issues and by the Chief
of Police as it pertains to special events and
community or private functions or events.
Upon granting relief, any conditions outlined
and agreed upon shall be complied by the
applicant and failure to do so will cause the
relief agreement to be suspended.
6- 3-12.
NOISE.
MOTOR VEHICLE
No person shall operate or cause to be
operated any motor vehicle unless the
exhaust system is free from defects that
affect sound reduction; equipped with a
muffler or other noise dissipation device;
and not equipped with any cut-out, by-pass
or similar device.
6- 3-13.
ENFORCEMENT
RESPONSIBILITY.
Enforcement responsibility will reside
jointly with the Police Department and the
Building Department.
6- 3-14.
ENFORCEMENT.
The Police Department and Building
Department may, upon discovery or report
of a violation or violations of this Chapter,
issue a written citation for the violation
requiring an appearance in court to answer
the charges, or may file a report with the
City Prosecutor's Office for review and
issuance of an information and summons to
court to answer the charges.
6- 3-15.
PENALTY.
Any person who is found guilty of violating
any of the provisions of these rules and
regulations, either by failing to do those acts
required herein or by doing a prohibited act,
is guilty of a class B misdemeanor, pursuant
to U.C.A. Section 26-23-6, as amended. If a
person is found guilty of a subsequent
similar violation within two (2) years, he is
guilty of a class A misdemeanor, pursuant to
U.C.A. Section 26-23-6, as amended. Each
day such violation is committed or permitted
to continue shall constitute a separate
violation.
The City Attorney may initiate legal action,
civil or criminal, requested by the
Department to abate any condition that
exists in violation of these rules and
regulations. In addition to other penalties
imposed by a court of competent
jurisdiction, any person(s) found guilty of
violating any of these rules and regulations
shall be liable for all expenses incurred by
the Department in removing or abating any
nuisance or other noise disturbance.
PARK CITY MUNICIPAL CODE - TITLE 6 HEALTH, NUISANCE ABATEMENT,
NOISE
6-16
CHAPTER 4 - MINE SHAFTS AND
TUNNELS
6-4-1.
DEFINITIONS.
All words and phrases used in this chapter
shall have the following meanings unless a
different meaning clearly appears from the
context:
(A)
MINING OPERATIONS. Any
activities conducted on the surface of the
land for the exploration for, development of,
or extraction of a mineral deposit, including,
but not limited to, surface mining and the
surface effects of underground and in situ
mining, on-site transportation,
concentrating, milling, evaporation, and
other primary processing.
(B)
MITIGATE. The completion of
Mitigation.
(C)
MITIGATION. Actions taken that
are reasonably designed to prevent
accidental or unauthorized intentional access
to an underground working, which actions
may include but shall not be limited to
backfilling, installing block or stone wall
enclosures, installing bat gates, or installing
corrugated metal pipe or rebar grates.
(D)
PHYSICAL MINE HAZARD(S).
Any open mine shaft, mine tunnel,
horizontal opening, adit, or other mine
related opening that extends more than 5 feet
into the ground. None of the following is a
Physical Mine Hazard:
(1)
above-ground structures;
(2)
vertical opening where the
Chief Building Official has made a
written determination that due to the
physical characteristics of an opening
it does not present a potential health
or safety concern; or
(3)
sites previously the object of
Mitigation so long as Mitigation has
not failed.
6-4-2.
MAINTENANCE OF
PHYSICAL MINE HAZARDS
PROHIBITED.
It is unlawful for any Owner, to knowingly
permit or maintain on their premises any
Physical Mine Hazard, unless the Physical
Mine Hazard:
(1)
is a necessary part of a
public water system as determined by
the applicable public water system
operator;
(2)
is presently part of Mining
Operations as defined in this Chapter
or U.C.A. § 40-8-4;
(3)
was previously issued a
Permit by the Utah Division of Oil,
Gas and Mining as defined in U.C.A.
§ 40-8-4;
(4)
prior to December 1, 2012, is
within the Mine Hazard Mitigation
Area as defined in Section 11-20-1
so long as the Chief Building
Official has not made a written
determination that the Physical Mine
PARK CITY MUNICIPAL CODE - TITLE 6 HEALTH, NUISANCE ABATEMENT,
NOISE
6-17
Hazard represents a substantial
hazard to the public; or
(5)
after December 1, 2012, is
identified in Section 11-20-3,
Section 11-20-4, or Section 11-206(B) and is in compliance with the
submitted schedule for Mitigation.
6-4-3.
VIOLATION-NUISANCE – ABATEMENT.
Any Physical Mine Hazard not otherwise
exempt from this Chapter is declared to be a
public nuisance. An Owner shall within
ninety (90) days of written notice from the
City as to the existence of a Physical Mine
Hazard submit a plan for Mitigation to the
Chief Building Official. An Owner shall
complete Mitigation within one (1) year of
written notice from the City. If the Owner
fails to abate the same through Mitigation
within this time frame, the Chief Building
Official may direct its summary abatement
through Mitigation at the full expense of the
Owner.
6-4-4.
OTHER CLAIMS NOT
PRECLUDED.
Nothing in this Chapter shall prevent an
Owner, other individuals or entities from
asserting any claim in law or equity
regarding any Physical Mine Hazard.
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