The text
CHAPTER 10.10. - PARKING REGULATIONS#
Sec. 10.10.010. - General provisions.#
1.
Citation. This chapter shall be referred to as the city parking code.
2.
Applicability. This chapter is applicable on all public ways within the Kamas City limits.
3.
Tow enforcement. Because unlawfully parked cars prevent access to large areas by emergency vehicles and snowplows, as well as local residents, Kamas City Police Department is authorized to enforce this chapter by towing or otherwise removing vehicles parked in violation of this chapter without first having given notice to the owner of the vehicle that it may be towed if not removed.
4.
Regulations not exclusive. The parking regulations established by this chapter are not all encompassing. and additional regulations may be established by posting permanent or seasonal signs stating the additional regulation imposed, or by law enforcement officers directing traffic during periods of heavy traffic volume or during periods of emergencies.
5.
Presumption of responsibility. The presence of any vehicle on any street which is parked in violation of the regulations of this chapter is prima facie evidence that the registered owner of the vehicle parked the vehicle in violation of this chapter, or permitted others to park his vehicle in violation of this chapter, and is deemed responsible for the violation and for the fine imposed.
(Ord. 2015-04, 11/10/2015)
Sec. 10.10.020. - Definitions.#
As used in this chapter, the following terms shall have the meanings stated, unless the context clearly requires some other meaning.
Delivery vehicles. Shall include any motor vehicle being used for the purpose of loading or delivering goods or cargo to businesses or individuals.
Motor vehicle. Any automobile, truck, motorcycle, trailer, backhoe, loader or other piece of construction machinery, and every other means of conveyance of persons or cargo included within the Utah Motor Vehicle Code.
Parking. Stopping, standing or leaving a motor vehicle in a fixed spot or location on a street for any length of time, except when required to stop or stand because of the flow of traffic or to yield to other traffic, or in compliance with the requirements of traffic control devices or law enforcement officers.
Street. Every street, alley, roadway or parking lot and five feet either side thereof under the control and/or maintenance of Kamas City, whether on public or private property. the term "street" shall not include private driveways, or private roadways.
(Ord. 2015-04, 11/10/2015)
Sec. 10.10.030. - Standard parking regulations.#
1.
Parking prohibited in certain places. It shall be unlawful and a violation of this chapter for any person to park a vehicle, or to permit others to park a vehicle in any of the following manners or places on a street:
a.
On a sidewalk or across a sidewalk.
b.
In front of, or within five feet on either side of a driveway.
c.
Within an intersection, or within 15 feet of an intersection.
d.
In front of or within five feet from a fire hydrant.
e.
In or on a crosswalk.
f.
Within 20 feet of a crosswalk at an intersection.
g.
Within 30 feet from the approach to any flashing beacon or traffic control device, including stop signs controlling traffic on the same roadway as the approach.
h.
Within 20 feet of the entrance to a fire station, or on the street opposite of the entrance to a fire station if designated a no parking area by signs.
i.
Alongside any street excavation or construction fence or barricade if parking in that location would obstruct the free flow of traffic on the street.
j.
On a bridge or other elevated portion of a street, or under an overpass.
k.
At any place marked by signs as a no parking zone.
l.
In such location or manner that the car is parked opposite of the flow of traffic on the street, except as provided in this chapter.
m.
In a parking stall designated for the use of disabled or handicapped persons without a proper permit.
n.
In a manner which blocks an access ramp for disabled persons.
o.
In a manner which abuses the parking privileges granted to disabled persons under a properly issued permit.
2.
Parking may not obstruct traffic. No person shall park a vehicle on a street in any manner that obstructs a street. sidewalk or driveway and impedes the free movement of vehicular or pedestrian traffic.
3.
Stopping or parking on streets.
a.
When stopping or parking a vehicle, it must be parked in a manner that leaves an unobstructed width along the vehicle for the passage of other vehicles.
b.
This section shall not apply to vehicles which are parked as a result of mechanical failures or are otherwise disabled to an extent that the vehicle cannot be moved out of the traffic lane. It is the duty of the owner or operator of the disabled vehicle to activate warning lights on the vehicle. and to open the hood in order to give notice to other vehicles on the street that traffic is blocked by a disabled vehicle. It is also the duty of the owner or operator of a disabled vehicle to obtain assistance as soon as possible under the circumstances to have the disabled vehicle removed from the traffic lane.
4.
Parking for certain purposes prohibited. It shall be unlawful to park a vehicle on any street or within any public parking facility for the following purposes:
a.
Displaying the vehicle for sale.
b.
Greasing. servicing or repairing the vehicle, except to the extent necessary under emergency conditions to move a disabled vehicle.
c.
Displaying of advertising.
d.
Selling food or other merchandise, or soliciting orders for food or merchandise, except when properly licensed by the city to do so.
e.
Camping or other habitation.
5.
Condition of unattended vehicles. It shall be unlawful for any person to park a vehicle on a street or public parking lot without stopping the engine, locking the ignition, and removing the key from the ignition, and if the vehicle is parked on a readily perceptible grade, the wheels must be turned toward the curb or edge of the road and the parking brake set.
6.
Double parking. No person shall park a vehicle on a street at the side of another vehicle which is also parked. except while actually engaged in loading or unloading passengers or cargo, and except when complying with the instructions of a police officer, allowing an emergency vehicle to pass. or when necessary to avoid other traffic.
7.
Parallel parking. It shall be unlawful to park any vehicle in a manner other than parallel with the curb or shoulder of the street, with the front of the vehicle facing the direction of traffic flow. with the right hand wheels (passenger side) not more than 18 inches from the curb, shoulder or snow bank, whichever is nearer to the traffic lane.
8.
Angle parking. Angle parking is permitted only when designated by posted signs, and then, only when conditions are such that angle parking does not result in obstruction of the driving lanes such that traffic has to deviate from its normal course to avoid the parked vehicles. Further, no vehicle in excess of 20 feet in length shall park in an angled parking place at any time.
9.
Overnight parking, camping. It shall be unlawful to park a vehicle on a public street, or within a public parking lot, or within public parks, playing fields, or other areas for purposes of overnight camping, sleeping or other habitation.
10.
Parking on narrow alleys and streets prohibited. It shall be unlawful for any person to park a vehicle on any street or alley in a manner that obstructs the flow of traffic on that street by failing to leave an unobstructed lane of at least 12 feet in width for passing traffic. It shall be unlawful to park opposite another parked vehicle so as to leave less than a 12-foot wide traffic lane, or in any other manner to obstruct the free movement of traffic through the alley or narrow street.
11.
Lighting requirements. The owner or operator of a vehicle is not required to provide any warning lights on any lawfully parked vehicle. Any vehicle that is parked so as to obstruct the normal flow of traffic, whether illegally parked or disabled in traffic, shall display one or more lights to the front and rear which are visible from a distance of 500 feet. The light shown to the front of the vehicle shall be white or amber, and the light shown to the rear of the vehicle shall be red. If the headlights are left on, they shall be set on the dimmed setting. It shall be the duty of the owner or operator of a vehicle so parked to open the hood as an additional warning to other motorists, and to keep the lights free of snow, mud or other obstructions so the lights are clearly displayed.
12.
Parking of unregistered vehicle and trailers prohibited. No person who owns or has possession, custody, or control of any unregistered vehicle, utility trailer, house trailer, boat trailer, or any other type of vehicle or trailer, shall park or store such vehicle upon any public street or city right-of-way.
(Ord. 2015-04, 11/10/2015)
Sec. 10.10.040. - Time limitations.#
1.
It shall be unlawful to leave a vehicle parked on any street or public parking lot for more than 72 consecutive hours. After 72 consecutive hours, the vehicle is subject to impoundment.
2.
No person who owns or has possession, custody, or control of any dismantled, partially dismantled, or inoperable vehicle, machinery or equipment, or parts thereof, shall park or store such stated items upon any public street or city right-of-way for a period of time exceeding 72 hours, except as may be permitted under pertinent provisions of other ordinances of the city.
3.
A person may not move a vehicle or leave and reenter a parking space for the sole purpose of avoiding the effect of this ordinance.
(Ord. 2015-04, 11/10/2015)
Sec. 10.10.050. - Seasonal limitations for parking.#
1.
Special winter limitations. It shall be unlawful to park any vehicle on any public street in Kamas City during the winter season designated as November thru April 1st. Vehicles so parked are subject to citation and or impoundment.
2.
Parking not to obstruct snow removal. It shall be unlawful to park any vehicle in a manner that obstructs snow removal by failing to leave adequate room for passage of plows and other removal equipment. Vehicles so parked are subject to citation and or impoundment.
(Ord. 2015-04, 11/10/2015)
Sec. 10.10.060. - Compliance required, fines, impoundment.#
1.
Compliance required. Compliance with this chapter is required when proper signs are posted, or when the regulation is such that no sign is required under this chapter. It shall be unlawful to park any vehicle in violation of the regulations established by this chapter, or in violation of regulations contained on posted signs.
2.
Obligation of owner to move vehicle. It is the obligation of the owner or operator of a vehicle to remove that vehicle when it is illegally parked. When an officer finds an illegally parked vehicle that is impeding traffic or snow removal, the officer is authorized to move the vehicle to the extent necessary to remove the obstruction, including towing the vehicle to an impound yard.
3.
Nature of violation. Violations of this chapter are Class C misdemeanors.
4.
Towing costs. In addition to fine on the violation, the owner of the vehicle is responsible for paying towing fees and impound fees, which are regulated by the current state code, for the release of the vehicle.
5.
Release of impounded vehicles. Impounded vehicles will only be released to the owner thereof or the person legally entitled to possession under a rental or lease agreement. Impounded vehicles shall be released under the regulations established by Kamas City Police Department.
(Ord. 2015-04, 11/10/2015)
Sec. 10.10.070. - Requests for relief from parking restrictions.#
Requests for relief from the parking restrictions in these rules and regulations may be made by the mayor, city council, or chief of police as it pertains to emergencies, special events and community or private functions or events.
(Ord. 2015-04, 11/10/2015)
CHAPTER 10.12. - OBSTRUCTIONS ON PUBLIC RIGHTS-OF-WAY#
Sec. 10.12.010. - Permits required for excavations, driveways, encroachments, and structures.#
1.
It shall be unlawful for any person, firm, or corporation to place, make, enlarge or change any excavation, driveway, encroachment or structure within the right-of-way for any city road without complying with the provisions of this ordinance and obtaining a permit as provided herein.
2.
It shall be unlawful, and punishable as provided for herein, to make any excavation or to place any encroachment or structure in any city right-of-way not described in the approved permit application or which exceeds in size the dimensions or which does not conform to the conditions described in said application.
(Ord. 2015-04, 11/10/2015)
Sec. 10.12.020. - Emergency conditions.#
Emergency excavations and encroachments may be made without prior permit if the reason for the excavation or encroachment is to prevent loss of life or damage to property which appears to be imminent if the action is delayed by waiting to secure said permits. In such emergency situations, those making the excavation or encroachment must contact the city road superintendent at the earliest possible time, but in no case later than the first working day following the emergency work in order to secure a formal permit. None of the provisions of these specifications are waived for emergency situations except for the prior permit requirement.
(Ord. 2015-04, 11/10/2015)
Sec. 10.12.030. - Winter season.#
No permits for excavation shall be issued during the winter season except in emergency situations of where the city road superintendent has determined that weather and ground conditions are such that satisfactory back filling and/or road repair may be completed or where applicant files a completion bond in double the amount called for in KMC 10.12.070. For the purposes of this section, "winter season" begins October 15th of each year and ends May 1st of the succeeding year.
(Ord. 2015-04, 11/10/2015)
Sec. 10.12.040. - Applications.#
Applications for all permits shall be made to the city road superintendent as provided and shall describe the location of the intended excavation, encroachment of structure, the pertinent dimensions thereof, the purpose therefor, the person, firm, or corporation doing the actual work and the name of the person, firm or corporation for whom or by which the work is being done and shall contain an agreement that the applicant will comply with all ordinances, laws and adopted standards of Kamas City and the State of Utah relating to the work to be done. The application shall also provide for an agreement that the applicant shall indemnify the city for any loss, liability, or damage that may result from or because of the making, placement, existence, or manner of guarding or constructing any such excavation, encroachment or structure.
(Ord. 2015-04, 11/10/2015)
Sec. 10.12.050. - Approval of applications.#
The city public roads director shall approve all permits and shall set conditions of approval where appropriate. Encroachment of city rights-of-way shall only permit the planting of grass or the placement of gravel or asphalt. Under no circumstances shall any fences, hedges, trees, landscaping rocks, lawn sprinkling systems, or other like structures be allowed on the city right-of-way. Any of said items shall be removed upon notice of the city road superintendent. In the event that the city must dig in the city right-of-way, any structures, landscaping, or asphalt placed in the city right-of-way without prior permit will be removed by the city and shall not be replaced.
(Ord. 2015-04, 11/10/2015)
Sec. 10.12.060. - Permits.#
All permits issued pursuant to this ordinance shall be valid for a period of 60 days, except that no permit shall extend into the winter season as outlined in KMC 10.12.030, unless compliance with said is made.
(Ord. 2015-04, 11/10/2015)
Sec. 10.12.070. - Fees.#
A review fee shall accompany each application for a permit in accordance with the current adopted fee resolution of Kamas City. Fees must accompany the application unless other payment arrangements have been approved by the road superintendent. Permits for work that has already been completed without prior approval, except emergency encroachments or excavations as outlined in KMC 10.12.020, shall pay an additional fee of $100.00.
(Ord. 2015-04, 11/10/2015)
Sec. 10.12.080. - Completion bond.#
Applicants shall file a completion bond with the city clerk in the amount set by the current adopted fee resolution of Kamas City for all excavations in the city right-of-way. This may be cash, a letter of credit from an F.D.I.C. insured financial institution, or a corporate surety bond. The bond shall be valid for a period of two years from the date of completion, to guarantee that the conditions of any permit together with any restorative work is completed properly. The bond will be released upon recommendation of the city road superintendent after the two-year period.
(Ord. 2015-04, 11/10/2015)
Sec. 10.12.090. - Supervision and inspection.#
The city road superintendent shall from time to time inspect or cause to be inspected, all work done pursuant to permits to insure the enforcement of the provisions of this title. Notification shall be given to the city superintendent at least 48 hours prior to the commencement of any work. The completion bond shall not be released without an inspection made to determine satisfaction of all applicable provisions of this ordinance.
(Ord. 2015-04, 11/10/2015)
Sec. 10.12.100. - Failure to comply.#
In the event of failure on the part of any person, firm, or corporation to comply fully with the provisions of this ordinance, law enforcement authorities of Kamas City are authorized to: 1.
Initiate civil action by citation or information under KMC 10.12.110 and/or proceed to forfeit bond; or
2.
Give written notice to such person, firm, or corporation to remove such installation from the right-of-way. Such notice may be served either by personal service or by mailing the notice to said person, firm, or corporations by registered mail and posting a copy thereof on such installation for a period of ten days. If such installation is not removed within ten days after the notice is complete, said highway authorities may remove the same at the expense of the person, firm, or corporation and recover the costs and expenses, and also the sum of $300.00 for each day the same remained within the right-of-way after notice was complete, in an action for that purpose; or
3.
If such person, firm, or corporation disputes or denies the existence of such installation, or refuses to remove or permit its removal, said highway authorities may bring an action against such person.
(Ord. 2015-04, 11/10/2015)
Sec. 10.12.110. - Penalty.#
Any person who violates the provisions of this ordinance is guilty of Class C misdemeanor. Each day of a continuing violation shall be deemed a separate offense. Violators shall be cited in accordance with KMC 15.23 of the Zoning Ordinance, Violations and Penalties.
(Ord. 2015-04, 11/10/2015)
CHAPTER 10.16. - GENERAL OFF-HIGHWAY VEHICLE USE#
Sec. 10.16.010. - Designation of off-highway vehicle routes.#
All Kamas City streets and roads, including rights-of-way, within the Kamas City limits are allowable routes for OHVs except for state highways SR 248 West of Main Street, SR 32, known as Main Street and Hwy 1 SO, known as Center Street. Operating an OHV on cultivated, landscaped, or otherwise developed property is prohibited unless allowed by the property owner. The following described intersections are hereby designated as state highway crossings: 1.
100 and 200 East crossing Center Street.
2.
100 and 200 North and 100 South crossing Main Street.
(Ord. 2015-04, 11/10/2015)
Sec. 10.16.020. - Specific regulations for operation of OHVs within city limits.#
1.
OHVs must be in safe running conditions and be operated at all times in a safe manner and in accordance with all applicable state, county and city traffic laws. This includes proper speed limits, signaling and obeying yield and stop signs.
2.
It is illegal for any person to use an OHV in connection with acts of vandalism, harassment of wildlife or domestic animals, or in the commission of a crime. It is also illegal for anyone to operate any OHV in such a manner as to damage the environment which includes excessive noise, water or air pollution, abuse of land or watershed including littering, or impairment of plant or animal life.
3.
The OHV must be legally licensed or registered.
4.
The maximum speed for OHVs shall be as posted for general motor vehicular traffic. The violation of this provision shall be punishable consistent with speed violations for general motor vehicles.
5.
All OHVs must be equipped with:
a.
Brakes sufficient to stop and hold the machine.
b.
A noise control device and spark arrester. State, county and city noise regulations shall be enforced.
c.
Functioning headlights and taillights while being operated between sunset and sunrise.
d.
Where an OHV is not equipped with lights, a safety flag no shorter that 4½ feet tall must be attached and the OHV must not be operated between sunset and sunrise.
6.
Any person operating an OHV on Kamas City streets must meet one of the following requirements:
a.
No one under eight years of age is allowed to operate any OHV on public lands, roads, streets or trails in Utah.
b.
Operators between the ages of eight and 13 must have in their possession a Utah OHV education certificate and be under the direct visual supervision of an adult who is at least 18 years of age.
c.
Operators between the ages of 14 and 15 must have in their possession a Utah OHV education certificate.
d.
Operators age 16 and older must have in their possession a valid state driver's license.
7.
Properly fastened helmets, having at least a "DOT approved" safety rating for motorized use are required for all OHV operators and passengers under the age of 18 years.
(Ord. 2015-04, 11/10/2015)