TITLE 4: - PUBLIC HEALTH AND SAFETY

Part of the Code of Ordinances of Honeyville, UT.

Local law · Updated June 3, 2026 · 710 sections

The text

CHAPTER 1: - FIRE DEPARTMENT#

4-1-1: - Established#

There is hereby created a fire department to be known as the Honeyville City volunteer fire department.

(Adopted by Ord. 1976 Code § 10-111 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

4-1-2: - Fire chief position created#

There is hereby created the position of chief of the fire department.

(Adopted by Ord. 1976 Code § 10-121 on 1/1/1976)

4-1-3: - Powers and duties of fire chief#

Supervision of Department: The fire chief shall have responsibility for the general supervision of the department.

Control and Extinguish Fire: During a fire, the fire chief shall have full authority to take all measures as he shall deem necessary, subject to state law, to control and extinguish the fire and for that purpose he is hereby made a special peace officer.

Report Information to City Council: The fire chief shall, at least quarterly, report to the city council the condition of the fire equipment, the number of fires and their causes and the estimated loss therefrom, together with such other information as the city council may request or as he shall deem appropriate.

Enforce Fire Protection and Prevention: The fire chief shall strictly enforce all of the provisions of the ordinances of the city relating to the protection against and prevention of fire.

Maintain Equipment: The fire chief shall maintain the equipment of the department in good repair and order and ready for use.

Establish Rules and Regulations: The fire chief, subject to the approval of the mayor and city council, shall establish rules and regulations for the operation of the department.

Delegate Duties: The fire chief may delegate his duties to any person employed by the department, but such delegation shall not relieve the fire chief of his responsibility for the performance thereof.

Investigation of Fires: The fire chief shall cause all fires to be promptly investigated to determine the cause of the fire and report the cause of the fire, the time originated and such other information as may be relevant to prevent other fires.

Employ Firefighters and Personnel: The fire chief may make recommendations to the mayor relating to the employment of firefighters and such other personnel as may be necessary to enforce the provisions of this chapter. The fire chief may employ such additional personnel as the mayor and city council may direct or authorize.

(Adopted by Ord. 1976 Code §§ 10-122, 10-123 on 1/1/1976)

4-1-4: - Designation of emergency vehicles#

Fire trucks and other city-authorized motor vehicles used to transport fire equipment or fire personnel are hereby designated authorized emergency vehicles.

(Adopted by Ord. 1976 Code § 10-131 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

4-1-5: - Responsibilities, rights and restrictions#

Removal of Obstructions at Fire: The officer in charge at any fire may order the removal or destruction of any fence, building or structure, or that any utility be closed, cut or removed when deemed necessary to control, extinguish or prevent the spread of fire.

Control of Persons: All persons present at a fire shall obey the lawful orders of any firefighter.

Interference with Firefighters in Discharge of Duties: Every person at the scene of any fire who willfully disobeys the lawful orders of any public officer or firefighter, or offers any resistance to or interference with the efforts of any firefighter, or company of firefighters to extinguish the same, or engages in any disorderly conduct calculated to prevent the same from being extinguished, or who forbids, prevents or dissuades others from assisting to extinguish the same, is guilty of a Class B misdemeanor and upon conviction thereof, subject to penalty as provided in section 1-4-1 of this code.

Unlawful Interference: Any person who shall willfully hinder any officer or firefighter in the discharge of his duty at a fire, or in any manner injure, deface or destroy any engine, hose or other fire apparatus belonging to the city or who shall interfere with any fire company or person, or who shall willfully break or injure any water pipe or interfere with the water or its source of supply, shall be deemed guilty of a Class B misdemeanor and upon conviction thereof, subject to penalty as provided in section 1-4-1 of this code.

Investigation After Fire Report: The fire chief, or such other persons as he shall designate, shall, after extinguishing a fire, make a prompt and thorough investigation of the cause of the fire, the time the fire began, the amount of loss and insurance, a description of the affected buildings and premises, and shall secure all other useful information available, and record the same in a record book kept for that purpose in the office of the department and shall report the same to the city council at such time as it may direct.

Right to Enter and Inspect: The fire chief or his deputies, upon presentation of proper credentials, shall have the right to enter upon any premises at all reasonable hours for the purpose of making inspections.

Persons Present Subject to Orders: Every capable person eighteen (18) years or older present at a fire shall be subject to the orders of the officer in command and shall render assistance in the manner directed by the officer in command.

False Alarm: It shall be unlawful for any person to turn in or report to the fire department a false alarm or report of a fire or to tamper or remove any part of a fire alarm system.

(Adopted by Ord. 1976 Code §§ 10-132, 10-133, 10-134, 10-135, 10-136, 10-137, 10-138, 10-139 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

CHAPTER 2: - NUISANCES#

4-2-1: - Definitions#

As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:

AUTHOR: Where a nuisance exists upon property and is the outgrowth of the usual, natural or necessary use of the property, the landlord or his agent, the tenant or his agent, and all other persons having control of the property on which such nuisance exists, shall be deemed to be the authors thereof and shall be equally liable and responsible. Where any such nuisance shall arise from the unusual or unnecessary use of such property or from the business thereon conducted, then the occupants and all other persons contributing to the continuance of such nuisance shall be deemed the authors.

NUISANCE: Whatever is dangerous to human life or health and whatever renders soil, air, water or food impure or unwholesome is declared to be a nuisance and unlawful. It shall be unlawful for any person either as an owner, agent or occupant to create or aid in creating or contributing to or maintaining a nuisance.

(Adopted by Ord. 1976 Code §§ 10-311, 10-312 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

4-2-2: - Declaration of nuisance#

Statement: Every act or condition made, permitted, allowed or continued in violation of section 4-2-1 of this chapter, is hereby declared to be a nuisance and may be abated and punished as hereinafter provided.

Specified: Nuisances include, but are not limited to:

Befouling Water: Befouling water in any spring, stream, well or water source supplying water for culinary purposes.

Privies, Cesspools: Allowing any privy vault or cesspool, or other individual wastewater disposal system, to become a menace to health or a source of odors or contamination to air or water.

Garbage Containers, Offensive: Permitting any garbage container to remain on premises when it has become unclean and offensive.

Garbage Accumulation: Allowing vegetable waste, garbage, litter, filth or refuse of any nature to accumulate within or upon any private alley, yard or area, except when it is temporarily deposited for immediate removal.

Manure Accumulation: Permitting the accumulation of manure in any stable, stall, coral, feed yard, yard or in any other building or area.

Manure removal schedule shall be as follows:

•

Lot size up to 1 acre: at least once per month

•

Lot size above 1 acre and up to 2 acres: at least once per 2 months' time.

•

Lot size above 2 acres and up to 3 acres: at least once per 3 months' time.

•

Lot size above 3 acres and up to 4 acres: at least once per 4 months' time.

•

Lot size above 4 acres and up to 5 ½ acres: at least once per 5 months' time.

Discharging Offensive Water or Liquid Waste: Discharging or placing any offensive water, chemical spray, liquid waste or refuse of any kind into any street, alley, sidewalk, gutter, stream, wash, natural watercourse, ditch, canal or any vacant lot or which, as the result of continued discharge, will render the place of discharge offensive or likely to become so.

Collecting Grease, Offensive Matter: Keeping or collecting any stale or putrid grease or other offensive matter.

Public Drinking Vessels: Keeping any drinking vessel for public use without providing a method of decontamination between uses.

Ablutions near Drinking Fountain: Permitting or performing any ablutions in or near any public drinking fountain.

10.

Boarding House or Factory, Sanitary Condition: Failing to furnish any dwelling house, boarding house or factory or other place of employment with such privy vaults, water closets, sinks or other facilities as may be required to maintain the same in sanitary condition.

11.

Cleaning Privy Vaults: Neglecting or refusing to discontinue use of, clean out, disinfect and fill up all privy vaults and cesspools or other individual wastewater disposal systems within twenty (20) days after notice from an enforcement officer or official of the city.

12.

Stagnant Water; Offensive Substances: Permitting any lot or excavation to become the repository of stagnant water or any decaying or offensive substances.

13.

Obstructing Public Ways, Watercourses, Parks: Obstructing or tending to obstruct or interfere with or render dangerous for passage any street or sidewalk, lake, stream, drainage, canal or basin, or any public park without first obtaining the written permission of the city council.

Additional Nuisances: The types of nuisances above stated shall be deemed in addition to and in no way a limitation of the nuisances subject to this chapter.

(Adopted by Ord. 1976 Code §§ 10-313, 10-314 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001; Ord. No. 2025-05, § 1, 10-8-2025; Ord. No. 2026-01, § 1, 1-14-2026)

4-2-3: - Restroom or sewer facilities#

All restroom or sewer facilities shall be constructed and maintained in accordance with Utah law and city ordinances. All such facilities that do not comply with such provisions are hereby declared to be a nuisance and are subject to abatement as herein prescribed.

(Adopted by Ord. 1976 Code § 10-315 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

4-2-4: - Restrictions on blocking water#

It shall be unlawful for any person to permit any drainage system, canal, ditch, conduit or other watercourse of any kind or nature, natural or artificial, to become so obstructed as to cause the water to back up and overflow therefrom, or to become unsanitary.

Maintenance of any such watercourse in such condition shall constitute a nuisance and the same shall be subject to abatement.

(Adopted by Ord. 1976 Code § 10-316 on 1/1/1976)

4-2-5: - Nuisances on property#

Definition: For the purpose of this section, the term "nuisance" is defined to mean any condition or use of premises or of building exteriors which are deleterious or injurious, noxious or unsightly, which includes, but is not limited to, keeping or depositing on or scattering over the premises any of the following:

Lumber, junk, trash or debris.

Abandoned, discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans, containers or other discarded items not currently in use.

Duty of Maintenance: No person owning, leasing, occupying or having charge of any premises shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in any manner causing substantial diminution in the value of the other property in the neighborhood in which such premises are located.

Storage of Personal Property: Unsheltered storage of old, unused, stripped and junked machinery, implements, equipment or personal property of any kind which is no longer safely usable for the purpose for which it was manufactured, for a period of thirty (30) days or more (except in licensed junkyards) within the city, is hereby declared to be a nuisance and dangerous to the public safety.

Abatement by Owners: The owner, owners, tenants, lessees or occupants of any lot within the city on which such "storage", as defined in subsection C of this section, is made, and also the owner, owners or lessees of the above described personal property involved in such storage, shall jointly and severally abate such nuisance by its prompt removal into completely enclosed and secured yards or buildings to be used for such purpose, or otherwise remove such property from the city.

(Adopted by Ord. 1976 Code §§ 10-331, 10-332, 10-333, 10-334 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

4-2-6: - Abatement procedure#

Nuisance Inspector:

Established: There is hereby established the position of nuisance inspector, whose duty it shall be to enforce the provisions of this chapter. Until another person is designated, the council member over public health and safety shall enforce the provisions of this chapter. More than one person may be appointed to act as nuisance inspector under this section.

Duties: The nuisance inspector is authorized to:

Perform all functions necessary to enforce the provisions of this chapter.

Inspect or cause to be inspected, as often as needed, all buildings, structures, lots or places for the purpose of determining whether such are in compliance with the provisions of this chapter.

Existence of Objectional Condition: If he concludes that there exists an objectionable condition in violation of this chapter, the nuisance inspector shall:

Ascertain the names of the owners and occupants and descriptions of the premises where such objects and conditions constituting a nuisance exist.

Serve notice in writing upon the owner and occupant of such premises, either personally or by mailing notice, prepaid, addressed to the owner and occupant at their last known post office addresses as disclosed by the records of the County Assessor, or as otherwise ascertained, requiring such owner or occupant, or both, as the case may be, to eradicate or destroy and remove the nuisance within such time as the nuisance inspector may designate; provided, that any person notified pursuant to this subsection shall be given at least ten (10), but not more than twenty (20) days, as determined by the nuisance inspector following the date of service of such notice, to correct the objectionable condition. The notice shall:

(1)

Contain a specific statement of the nature of the violation and generally describe the premises on which the violation exists.

(2)

Inform the owner, occupant or other person that in the event he disagrees with the determination of the nuisance inspector and does not wish to comply with the provisions of the notice or that he objects to the factual or legal basis for the notice, he may request in writing a hearing before the city council at a time and place to be set by the city council. A written application for a hearing shall state the time within which the person must conform to the provisions of the notice.

(3)

Inform the person that in the event he fails or neglects to correct the objectionable condition, the city will correct the objectionable condition and will collect the costs of so correcting the objectionable condition by either a court action, in which case he will be assessed such costs, together with reasonable attorney fees and court costs, or will charge the cost of correcting the violation against the property as a tax.

In the event the owner or occupant makes such request for a hearing, the city council shall set the time and place for hearing objections and the city recorder shall notify the owner, occupant or other persons having an interest in said property on the condition thereof in writing of the time and place at which they may appear and be heard. The hearing shall be held within less than five (5) days from the date of service or mailing of the notice of hearing.

Hearing:

Informal Hearing; Written Decision: At the written request of an owner, occupant or other person having an interest in property which is the subject of a notice to remove or abate weeds, objectionable conditions or objects from the property, the city council shall conduct an informal hearing (which need not be reported), wherein such persons may present such evidence and argument as is pertinent to the question of whether or not the removal or abatement of the objects or conditions is properly within the purview of this chapter. The city council shall also permit the presentation of evidence and argument by the nuisance inspector and other interested parties. Thereafter, within not less than five (5) nor more than ten (10) days, the city council shall, over the signature of the mayor, or such other member of the city council as it may designate, render its written decision, a copy of which shall be mailed to or served upon the owner or any other person to whom the original notice was given by the nuisance inspector.

Notice of Decision; Abatement by Owner or Occupant: In the event the decision of the city council upholds the determination of the nuisance inspector, the notice originally given by the nuisance inspector as above provided shall be deemed to be sufficient to require the owner or occupant to remove or abate the objectionable objects or conditions, and he shall have up to ten (10) days from the date of notice of the decision within which to conform thereto, unless additional time, not to exceed thirty (30) days, is authorized by the nuisance inspector.

Time Period for Compliance: In the event that the decision of the city council either overrules or modifies the determination of the nuisance inspector, the written decision of the city council shall apprise the owner or occupant of that fact and set forth the details and extent to which the owner or occupant must make removal or other abatement of the objectionable objects or conditions, if any. The owner or occupant shall be required to conform to the decision of the city council within ten (10) days after service or mailing of a copy of the decision, and the decision shall be deemed to be the modified decision of the nuisance inspector, unless additional time is authorized by the city council.

Filing of Amended Notice: The nuisance inspector shall file an amended notice and proof of service of notice and file the same in the office of the County Treasurer.

Failure to Comply; Abatement by City: If any owner, occupant or other person having an interest in land described in such notice of decision to whom the notice was given shall fail or neglect to conform to the requirements thereof relating to the eradication, destruction or removal of such weeds, garbage, refuse, objects or structures, the nuisance inspector shall employ all necessary assistance to cause such objectionable objects or conditions to be removed or destroyed at the expense of the city.

Itemized Statement: The nuisance inspector shall prepare an itemized statement of all expenses incurred in the removal and destruction of nuisances, and shall mail a copy thereof to the owner or occupant, or both, or to persons having an interest in the property, demanding payment within twenty (20) days of the date of mailing. The notice shall be deemed delivered when mailed by registered mail, addressed to the last known address of the property owner, occupant or persons having an interest in the property.

Failure to Make Payment: In the event the owner, occupant or person having an interest in the property fails to make payment of the amount set forth in the statement to the city treasurer within the twenty (20) days, the nuisance inspector may either cause suit to be brought in an appropriate court of law or may refer the matter to the County Treasurer as provided in this chapter.

Collection:

Lawsuit: In the event collection of expenses of destruction and removal are pursued through the courts, the city shall sue and receive judgment for all of said expenses of destruction and removal, together with reasonable attorney fees, interest and court costs, and shall execute upon such judgment in the manner provided by law.

Taxes: In the event that the nuisance inspector elects to refer the expenses of destruction or removal to the County Treasurer for inclusion in the tax notice of the property owner, he shall make in triplicate an itemized statement of all expenses incurred in the destruction and removal of the same, and shall deliver three (3) copies of the statement to the County Treasurer within ten (10) days after the completion of the work of destroying or removing such weeds, refuse, garbage, objects or structures. Thereupon, the costs of the work shall be pursued by the County Treasurer in accordance with the provisions of Utah Code Annotated section 10-11-4, as amended, and the recalcitrant owner shall have such rights and shall be subject to such powers as are thereby granted.

Criminal Proceedings: The commencement of criminal proceedings for the purpose of imposing penalties for violations of this chapter shall not be conditioned upon prior issuance of a notice or the granting to the defendant an opportunity to abate or remove the nuisance. The provisions of this chapter relating to notice and abatement shall be deemed merely alternative and additional methods of securing conformity to the provisions of this chapter.

(Adopted by Ord. 1976 Code §§ 10-351, 10-352, 10-353, 10-354, 10-335, 10-355, 10-356, 10-357, 10-358 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

4-2-7: - Penalty for failure to comply#

Class C Misdemeanor: Any owner, occupant or person having an interest in property subject to this chapter who shall fail to comply with the notice or order given pursuant to this chapter shall be guilty of a Class C misdemeanor for each offense, and upon conviction thereof, subject to penalty as provided in section 1-4-1 of this code. Each twenty-four (24) hour period will be a separate violation.

Criminal Proceedings: Compliance by any owner, occupant or person to whom a notice has been given subsequent to the commencement of criminal proceedings as provided in this chapter shall not be admissible in any criminal proceeding brought pursuant to this section.

Adopted by Ord. 1976 Code § 10-359 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

CHAPTER 3: - OPEN BURNING#

4-3-1: - County regulations adopted#

The city hereby adopts by this reference the county open burning regulations and permit requirements, as may be amended from time to time, three (3) copies of which have been filed for use and examination by the public in the city office.

(Adopted by Ord. 91-3 on 8/12/1991; Amended by Ord. 2001 Code on 1/1/2001)

CHAPTER 4: - WEEDS#

4-4-1: - Definition#

Weeds shall include any vegetation commonly referred to as a weed or which shall have been designated a noxious weed by the Utah Commissioner of Agriculture.

(Adopted by Ord. 1976 Code § 10-322 on 1/1/1976)

4-4-2: - Standard of weed control#

Conditions Constituting Nuisance: It is hereby declared that the above stated weeds constitute a nuisance when they:

Create a fire hazard, a source of contamination or pollution of the water, air or property, a danger to health, a breeding place or habitation for insects or rodents or other forms of life deleterious to humans or are unsightly or deleterious to their surroundings; and

Exceed eighteen inches (18") from the ground or soil in which they are anchored.

Removal: The cut weeds shall be removed from the premises within forty-eight (48) hours after cutting.

(Adopted by Ord. 1976 Code § 10-323 on 1/1/1976)

4-4-3: - Penalty#

It shall be an infraction and subject to penalty as provided in section 1-4-1 of this code for any person owning or occupying real property to allow weeds to grow higher on such property than is permitted by this chapter or not to remove from such property any cuttings of such weeds or any refuse, unsightly or deleterious objects after having been given notice.

(Adopted by Ord. 1976 Code § 10-321 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

CHAPTER 5: - GARBAGE AND REFUSE#

4-5-1: - Definitions#

As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:

COMMERCIAL GARBAGE: Refers to garbage produced in commercial establishments, public or quasi-public institutions or establishments, including restaurants, hotels, motels and similar establishments.

COMMUNITY WASTE: Lawn cuttings, clippings from bushes and shrubs, leaves and trees and tree branches.

CONTAINER OR REGULATION CONTAINER: A type of garbage or trash container of galvanized metal or other approved material and having a tight-fitting lid or properly and sufficiently treated weather resistant paper bag manufactured specifically for use in garbage and refuse collection.

GARBAGE: Waste from the preparation, handling, storing, cooking or consumption of food and food products.

REFUSE: All waste matter, except garbage, attending or resulting from the occupancy of residences, apartments, hotels or other places of dwelling and from the operation of a business. Refuse shall not be deemed to include industrial waste or waste matter resulting from the construction, demolition or repair of a building or other structure.

RESIDENTIAL GARBAGE: Garbage produced in places of private residence and dining halls not open to the public.

(Adopted by Ord. 1976 Code § 10-411 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

4-5-2: - Regulations#

No Accumulation of Garbage: It shall be unlawful for any person to accumulate garbage or refuse or cause garbage or refuse to be deposited upon any street or alley or upon any premises in the city without express permission from the health officer. The health officer may permit the feeding or processing of garbage or refuse upon premises properly equipped and maintained so as to prevent the creation of a nuisance or a hazard to health, or permit the depositing of ashes and other dry material for filling purposes at such places as the health officer may designate and under such restrictions as the city council may by regulation impose. Additionally, the health officer may grant to any person permission for sorting, bailing and marketing trade waste upon premises properly equipped and maintained.

Closing of Containers Required: All garbage and market waste must be placed in rainproof and flyproof receptacles of the type herein required and the receptacle shall be tightly closed in such manner as to prevent offensive odors or flies.

Community Waste:

Community waste may be disposed of by residents and business establishments in vehicles provided by them, subject to regulation by the city council as to the places of disposal and as to the type of vehicle used to avoid spillage upon the public ways of the city, hazards to safety and the prevention of nuisances.

The city council from time to time may provide for the collection and disposal of such types of community waste as it may decide to collect and haul in connection with its regular garbage, waste collection and disposal service. In the event community waste disposal service would require a charge to be made by the city, the determination of the charge will be made by negotiation with the residents or business enterprises and the residents or business enterprises will be given an opportunity to choose from among services offered by persons other than the city.

Dumping Refuse Prohibited: It shall be unlawful and punishable as a Class B Misdemeanor for any person or entity to place, deposit, or dump garbage, ashes, market waste, paper boxes, cartons, trade waste, manure or night soil, or any other refuse upon any lot within the city whether such lot is occupied or vacant and whether such person so placing, depositing or dumping such refuse is the owner, tenant, occupant or lessor thereof or has the same under his jurisdiction and control.

Limitations upon Dumping: Dumping waste and garbage shall be permitted only in such places as are designated by the city council. Dumping shall be subject to such rules and regulations as may be formulated by the city council.

Regulations Adopted by City Council: The city council may adopt such regulations as in its opinion are necessary to implement this chapter and its objectives.

(Adopted by Ord. 1976 Code §§ 10-415, 10-417, 10-419, 10-421, 10-422, 10-423 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001; Ord. No. 2025-03, § 1, 8-13-2025)

CHAPTER 6: - LITTER; HANDBILLS#

4-6-1: - Definitions#

For the purpose of this chapter:

AUTHORIZED RECEPTACLE: A public or private litter storage and collection receptacle.

COMMERCIAL HANDBILL: Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature: A.

Which advertises for sale any merchandise, product, commodity or thing;

Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest in sales thereof;

Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of private gain or profit. However, the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by any law of this state, or under any ordinance of the city, or;

Which, while containing reading matter other than advertising matter is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributer.

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

LITTER: "Garbage", "refuse" and "rubbish", as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety, welfare or appearance of the city.

NEWSPAPER: Any newspaper of general or local circulation or any periodical or current magazine regularly published with not less than four (4) issues per year and sold to the public.

NONCOMMERCIAL HANDBILL: Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.

PARK: A park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city.

REFUSE: Putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.

RUBBISH: Nonputrescible solid wastes consisting of both combustible and noncombustible waste, such as paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

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

(Adopted by Ord. 1976 Code § 10-431 on 1/1/1976)

4-6-2: - Handbills and posters; restricted activity#

No person or business shall post, stick, stamp, paint or otherwise fix, or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device calculated to attract the attention of the public, or upon any sidewalk, curb or any other portion or part of any public way or public place or any lamppost, electric light, telegraph, telephone or railway structure, hydrant, shade tree or tree box, or upon the columns, trusses, girders, railings, gates or other parts of any bridge or other public structure or building, or upon any pole, box or fixture of the fire alarm or police telegraph system, except such as may be authorized or required by the laws of the United States or state, and the ordinances of the city.

(Adopted by Ord. 1976 Code § 10-449A on 1/1/1976)

4-6-3: - Litter regulations#

Public Places: No person shall throw or deposit litter in or on any street, sidewalk or other public place except:

In authorized receptacles for collection or in official city garbage dumps; or

For collection as authorized by the city council.

Placement in Receptacles: Persons placing litter in authorized receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements on any street, sidewalk or other public place or on private property.

Sweeping into Gutters Prohibited: No person shall sweep into or deposit in any gutter, street or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway, except as authorized by the city council. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

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

Thrown from Vehicles: No person, while a driver or passenger in a vehicle, shall throw or deposit litter on any street or other public place, or on private property.

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

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

Lakes and Fountains: No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the city.

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

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

(Adopted by Ord. 1976 Code §§ 10-432, 10-433, 10-434, 10-435, 10-436, 10-437, 10-438, 10-439, 10-447, 10-448 on 1/1/1976)

4-6-4: - Handbill regulations#

Throwing or Distributing in Public Places; Penalty: No person shall throw or deposit any commercial or noncommercial handbill in or on any sidewalk, street or other public place within the city. Unless otherwise authorized by the city council, it is an infraction and subject to penalty as provided in section 1-4-1 of this code for any person to hand out, distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.

Placing on Vehicles: Unless otherwise authorized by the city council, no person shall throw or deposit any commercial or noncommercial handbill in or on any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a noncommercial handbill to any occupant of a vehicle who is willing to accept it.

Depositing on Uninhabited or Vacant Premises: No person shall throw or deposit any commercial or noncommercial handbill in or on any private premises which are temporarily or continuously uninhabited or vacant.

Prohibiting Distribution Where Properly Posted: No person shall throw, deposit or distribute any commercial or noncommercial handbill on any private premises, if requested by anyone thereon not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign being the words "no trespassing", "no peddlers or agents", "no advertisements", or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or to have their right of privacy disturbed or to have any such handbills left on such premises.

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

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

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

(Adopted by Ord. 1976 Code §§ 10-440, 10-441, 10-442, 10-443, 10-444, 10-445, 10-446 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

CHAPTER 7: - OFFENSIVE BUSINESSES AND FACILITIES#

4-7-1: - Defined#

"Offensive businesses", within the meaning of this chapter, shall include, but not be limited to, packing houses, dairies, tanneries, canneries, renderies, junk or salvage yards, bone factories, slaughter houses, butcher shops, soap factories, foundries, breweries, distilleries, livery stables, blacksmith shops or any other enterprise or establishment which creates excessive odors, fumes, smoke, gases or noises.

(Adopted by Ord. 1976 Code § 10-241B on 1/1/1976)

4-7-2 : - Permit required#

No person shall commence or change the location of an offensive business or establishment in or within one mile of the limits of the city without first filing an application for a permit to do so with the city recorder.

(Adopted by Ord. 1976 Code § 10-241A on 1/1/1976)

4-7-3: - Application for permit#

The application for a permit shall specify the location at which the business or establishment is to be operated and maintained or the new location to which it is to be moved. The application shall describe the type of activity which will be conducted and describe the manner in which the business or establishment shall eliminate, control or modify the emission by the business of the undesirable odors, fumes, noises and other noisome features and the manner in which it shall be screened from public view, if its appearance is offensive.

(Adopted by Ord. 1976 Code § 10-241C on 1/1/1976)

4-7-4: - Issuance of permit#

Report and Recommendation: The city recorder shall cause a study to be made of the proposed business or relocation of any offensive business or establishment by personnel engaged in the inspection of buildings and other facilities. A report and recommendation shall be made to the city council. The city council, after review, may grant to the applicant an opportunity to be heard and present additional facts. Thereafter the city council may:

Deny the application.

Recommend a modification thereof.

Grant a limited permit to enter into the business or make the change of location subject to the requirement that the business or facility conform to standards established by the city council with reference to controlling the offensive features of the business.

Revocation of Permit: In the event a permit is granted, it shall be subject to revocation either upon failure of the operator or owner to conduct his business in the manner specified by the city council at the time of the granting of the permit, or because a change of circumstances makes the continued operation or maintenance of the business or facility a public nuisance.

Modification of Permit: The city council shall have power to revoke or modify the permission to operate and maintain the business in such a manner as it deems necessary for the public good.

(Adopted by Ord. 1976 Code § 10-242 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

4-7-5: - Existing businesses and facilities#

Investigation by City Council: The city council may require an investigation of any existing offensive business or facility to determine whether or not it should be permitted to remain in existence in or within one mile of the city limits. If the city council determines that the continuation of the business or facility has become a nuisance to persons situated within the city limits or that ample control is not being exercised to minimize the creation of excessive odors, fumes, smoke, gases and noise, it shall notify the owner or operator thereof that the city council is considering revoking or modifying the operator's permit.

Conform to Standards and Specifications: If the city council decides to require a modification of the manner in which the business or facility is to be maintained, it shall specify the standards or specifications to which the enterprise must conform or otherwise lose its permit to engage thereafter in the business or activity.

(Adopted by Ord. 1976 Code § 10-243 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

CHAPTER 8: - RECOVERY OF AGGRAVATED EMERGENCY COSTS#

4-8-1: - Purpose#

This chapter establishes procedures to recover costs incurred by the city in responding to hazardous materials emergencies, aggravated fire emergencies and aggravated medical responses.

(Adopted by Ord. 2002-02 on 12/11/2002)

4-8-2: - Definitions#

AGGRAVATED FIRE EMERGENCY: A fire proximately caused by the owner or occupier of property or a structure, which presents a direct and immediate threat to public safety and requires immediate attention to mitigate the threat and fire, and

Is caused by or contributed to by the failure to comply with a lawful order from any state, county or local agency, department official; or

Occurs as a result of any deliberate act in violation of state or local law, or ordinance or regulation; or

Is a fire that constitutes arson or reckless burning as defined by Utah code; or

Is an alarm that results in a city fire unit being dispatched, and the person transmitting or causing the transmission of the alarm knows at the time of said transmission that no fire or related fire emergency exists.

AGGRAVATED MEDICAL EMERGENCY: An alarm that results in a city fire unit or city emergency medical unit being dispatched, and the person transmitting or causing the transmission of the alarm knows at the time of said transmission that there is no reasonable grounds for believing that a medical emergency exists.

CITY: Honeyville City, Utah.

EXPENSE: The actual costs of the city and costs of volunteer personnel incurred by the city including workers' compensation benefits, fringe benefits, administrative overhead, costs of equipment, cost of equipment operations, cost of materials, cost of disposal, and cost of any contract labor and materials.

HAZARDOUS MATERIALS EMERGENCY: A sudden or unexpected release of any substance that, because of its quantity, concentration, or physical, chemical or infectious characteristics, presents a direct and immediate threat to public safety or the environment and requires immediate action to mitigate the threat.

(Adopted by Ord. 2002-02 on 12/11/2002)

4-8-3: - Recovery authorization and procedures#

The city is hereby empowered to recover its expenses incurred by virtue of the city's response to hazardous materials emergencies, aggravated fire emergencies, or aggravated medical emergencies from any and all persons, corporations, partnerships, individuals, or other entities who caused such an emergency, pursuant to the following procedure:

The city council of Honeyville City, or a committee or commission appointed by the city council, shall determine responsibility for the emergency or response as defined above and notify the responsible party by mail of the council's, committee's, or commission's determination of responsibility and expenses to be recovered.

In the event the billed party or parties fails to submit fees, a commercial billing organization may be used as determined by the city council.

The notice shall specify that the determined responsible party or parties may appeal the council's, committee's, or commission's decision to a hearing before the full city council and establish a date by which the notice of appeal shall be filed. The appeal date shall be no more than fifteen (15) days from the date of the notice.

In the event the determined responsible party or parties appeals the determination, the city council shall hold a hearing to consider any issues raised by the appeal; at which hearing, the appealing party or parties and the involved department or agency shall be entitled to present evidence in support of their respective positions.

After the hearing, the city council shall then issue a decision determining responsibility and assessing expenses.

(Adopted by Ord. 2002-02 on 12/11/2002)

4-8-4: - No admission of liability#

The payment of expenses determined owing under this chapter does not constitute the following:

An admission of liability or negligence in a legal action for damages; or

A criminal fine.

(Adopted by Ord. 2002-02 on 12/11/2002)

4-8-5: - Action to recover expenses#

In the event the party or parties determined to be responsible for the repayment of expenses fails to make full payment to the city within thirty (30) days after a final determination of any appeal to the city, or within thirty (30) days from the deadline for appeal in the event no appeal is filed, the city may initiate legal action to recover from the determined responsible party or parties the expenses determined to be owing including the city's reasonable attorney fees.

(Adopted by Ord. 2002-02 on 12/11/2002)