TITLE 4 - PUBLIC HEALTH AND SAFETY

Part of the City Code of Riverdale, UT.

Local law · Updated June 10, 2026 · 1,041 sections

The text

CHAPTER 1 - FIRE DEPARTMENT#

4-1-1: - ESTABLISHED; ORGANIZATION:#

There is created and established a fire department consisting of such officers and firefighters as may from time to time be provided for by the mayor and city council. The officers and firefighters shall be appointed in an appropriate manner, as provided by law, city ordinance and city personnel policy.

The fire department shall have an organization approved by the city council, which approval may be given by resolution duly adopted by the city council.

(Ord. 810, 7-17-2012)

4-1-2: - FIRE CHIEF; SUPERVISION OVER FIRE DEPARTMENT:#

The fire chief shall have control of the fire department, emergency medical service, all fire apparatus, and all emergency medical apparatus belonging to the city.

(Ord. 810, 7-17-2012)

4-1-3: - DUTIES AND RESPONSIBILITIES:#

Command at Fires: In case of fire, the chief, the deputy or the officer of the highest rank at the fire shall take command of the fire department and direct the management thereof for the suppression of the fire, in the best manner possible.

Records Maintained: The fire chief shall keep or cause to be kept a record of all training received by firefighters; and a record of all fires and such other records as may be required by law or by city policy; and, prior to the city's annual budget preparation meetings each year, file with the city administrator a full report of such records and fires, which report shall be under oath.

Fire Prevention: It shall be the function and duty of the fire department and every officer and firefighter thereof to extinguish accidental or destructive fires and to prevent the occurrence or spread of such fires.

(Ord. 810, 7-17-2012)

4-1-4: - INTERFERENCE WITH FIRE OFFICIALS UNLAWFUL:#

Any person who shall wilfully hinder any officer or firefighter in the discharge of their duty at a fire or drill or in any manner injure, deface or destroy any engine, hose or other fire apparatus belonging to the city or who shall interfere with the water or its source of supply, shall be deemed guilty of a class B misdemeanor, and upon conviction, subject to penalty as provided in section 1-4-1 of this code.

(Ord. 810, 7-17-2012)

4-1-5: - AGREEMENTS WITH OTHER AGENCIES:#

The city may contract with other governmental units for cooperative fire protection service in accordance with the provisions of Utah Code Annotated title 11, chapter 13, as amended.

(Ord. 810, 7-17-2012)

CHAPTER 2 - FIRE CODE#

4-2-1: - FIRE CODE ADOPTED:#

A certain document, two (2) copies of which are on file in the office of the community development director, being marked and designated as the international fire code, including appendix chapters, as published by the International Code Council, be and is hereby adopted as the code of Riverdale City for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings or premises in Riverdale City and providing for the issuance of permits for hazardous uses or operations; and each and all of the regulations, provisions, conditions and terms of such international fire code, published by the International Code Council, on file in the office of the community development director, are hereby referred to, adopted and made a part hereof as if fully set out in this chapter; provided, however, that any person who violates this code shall be guilty of a class B misdemeanor and upon conviction such person shall be punished as provided in section 1-4-1 of this code. Riverdale City will automatically adopt all changes made to the International Fire Code, as published by the International Code Council.

(Ord. 880, 7-28-2016; amd. Ord. 982, 6-4-2024)

CHAPTER 3 - FIREWORKS#

4-3-1: - RETAIL SALES; PERMIT REQUIREMENTS; REGULATIONS:#

Special Permit Required: No persons shall sell or offer for retail sale any fireworks within this city without first obtaining a special permit therefor in accordance with the provisions of this section.

State Statutes Adopted: Utah Code Annotated sections 11-3-1 et seq., and 53-7-201 et seq., are hereby adopted by reference.

Application: Any person seeking a special permit for the retail sale of fireworks within this city shall file a written application on a form to be adopted by the city administrator. Said application shall be accompanied by a copy of the applicant's state sales tax license and a permit fee in the amount provided for in section 1-12-2 of this code. All applications for special permits shall be referred to the building official, who shall issue the special permit if all provisions of this chapter are fully complied with.

Display of Permit: The special permit for fireworks issued by the city shall be available at the store or stand for presentation upon request to duly authorized public safety officials.

Revocation or Suspension of Permit: This city may revoke or suspend the permit and confiscate merchandise when this section is violated.

Supervision Required: All fireworks retail sales locations shall be under the direct supervision of a reasonable person who is sixteen (16) years of age or older. A salesperson shall remain at the sales location at all times unless suitable locking devices are provided to prevent the unauthorized access to the merchandise by others or the merchandise is removed.

Purchaser's Age: Fireworks shall not be sold to any person under the age of sixteen (16) years, unless accompanied by an adult.

Construction of Stands: Buildings and temporary outdoor stands for the retail sales of fireworks shall be constructed in compliance with the ordinances of this city.

Combustible Materials: All retail sales locations shall be kept clear of dry grass or other combustible material for a distance of at least twenty-five feet (25') in all directions.

Storage Prohibited in Residential Areas: Storage of fireworks for sale shall not be located in residential areas.

No Smoking: Smoking shall not be permitted within fifty feet (50') of any fireworks, either on display for retail sale or being stored. "Smoking prohibited within 50 feet" (or similar wording) signs shall be conspicuously posted at all sales and storage locations.

Sign Indicating Dates of Authorized Discharge: A sign, clearly visible to the general public, shall be posted at all fireworks sales locations indicating the legal dates for discharge of fireworks.

Fire Extinguisher Required: All retail sales locations shall be equipped with a fire extinguisher that has an approved portable rating of at least 2A:10BC.

Hazard Not Allowed: No amount of retail storage or retail sales of class C fireworks shall, by its presence, create a distinct hazard to the life or safety of the customer, employee or property.

Storage in Permanent Structures: In all retail sales locations in permanent structures, the area where fireworks are displayed or stored shall be at least fifty feet (50') from any flammable liquid or gas, or other highly combustible material. Fireworks shall not be stored (including stock for sale) near exit doorways, stairways or in locations that would impede egress.

Sale in Packaged Units: Fireworks shall be stored, handled, displayed and sold only as packaged units inside buildings.

Two Exit Doors Required: Each temporary outdoor stand shall have a minimum of two (2) approved exit doors which swing out at opposite ends of the stand. Door locking devices, if any, shall be easily released from the inside without special knowledge, key or effort.

Unobstructed Aisle Required: Each temporary outdoor stand shall have a minimum three foot (3') wide unobstructed aisle, running the length of the stand, inside and behind the counter.

Customer Not to Handle: The "pass-through openings" for sales of fireworks in temporary outdoor stands shall be arranged to permit the customer to view the merchandise for sale but prevent the touching or handling of nonprepackaged fireworks by the customer.

Location of Temporary Stands: Temporary outdoor stands for the sale of fireworks shall be located in properly zoned areas, at least twenty-five feet (25') from other fireworks stands, LPG flammable liquid or gas storage and dispensing units.

Overnight Storage: If the temporary outdoor stand is used for the overnight storage of fireworks, it shall be equipped with suitable locking devices to prevent unauthorized entry.

No Open Flame: Temporary outdoor stands shall not be illuminated or heated by any device requiring an open flame or exposed heating elements. All heaters and lighting devices shall be approved by the authority having jurisdiction.

Penalty: Any person who violates any subsection of this section shall be guilty of a class B misdemeanor, and upon conviction, such person shall be punished as provided in section 1-4-1 of this code.

(Ord. 810, 7-17-2012)

4-3-2: - USE OF FIREWORKS:#

Definitions: The city hereby adopts by reference the definitions set forth in Utah Code Annotated section 53-7-202 as if fully set forth herein.

Use Restrictions:

It shall be unlawful for any person to use, explode or discharge any fireworks within the city other than those defined in state statute except as provided in the most recently adopted international fire code, and Utah Code Annotated sections 11-3-1, 53-7-222, and 53-7-226. Any homeowner, property owner or renter over eighteen (18) years of age who knows that a person under eighteen (18) years of age is using, exploding or discharging any fireworks other than those defined in state statute on property under the adult's ownership, control or supervision and permits that activity to continue, shall be guilty of violating this section.

The use of fireworks in certain areas designated and noticed by the city council and published by the fire chief as unsafe is also prohibited.

Time for Use of Fireworks: The fireworks defined in state statute may be used, exploded or discharged only during the three (3) days prior to, on the day of, and three (3) days following July 4, July 24, January 1 and the Chinese New Year. Hours of use shall not extend past eleven o'clock (11:00) P.M. except on July 4, July 24, January 1, and the Chinese New Year when the hours of use shall be extended to twelve o'clock (12:00) midnight.

Penalty: A violation of this section is a class B misdemeanor, punishable as is provided in Section 1-4-1 of this code.

(Ord. 810, 7-17-2012; Ord. 840, 6-18-2013)

4-3-3: - LAWS AND RULES ADOPTED:#

The city adopts the county and municipal fireworks act, Utah Code Annotated section 11-3-1 et seq., the definitions contained in the Utah fire prevention and fireworks act, Utah Code Annotated section 53-7-202, the Utah fireworks act, Utah Code Annotated section 53-7-220 et seq., and the department of public safety, state fire marshal rules pursuant to the Utah fireworks act, chapter 33 of the international fire code regulating fireworks and R710-2 et seq., all as amended periodically, as though set forth in their entirety. If any provision of this chapter conflicts with those state laws and rules, the state laws and rules shall control.

(Ord. 810, 7-17-2012)

CHAPTER 4 - GARBAGE, REFUSE AND RECYCLING#

Footnotes:

--- (1) --- Cross reference— See also subsection 10-13C-16A5 of this code for specific hours of refuse removal in the office park zone.

4-4-1: - DEFINITIONS:#

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

DWELLING: A building or portion thereof used exclusively for residential occupancy, including single-family, two-family, and multi-family dwellings, but not including hotels, motels, condominiums, lodging houses, apartments, group homes or tourist homes.

DWELLING UNIT: One or more rooms in a dwelling, occupied by one family for living, sleeping and eating purposes.

RECYCLABLE: Waste material that may be collected, separated, cleansed, treated or reconstituted and returned to the economic stream in the form of raw materials or products, and which is approved for collection as a recyclable. The director of the public works department shall determine which materials are suitable for collection as recyclables based upon the city's ability to recycle such materials in a reasonable and economical manner.

REFUSE: Includes and means all animal and vegetable refuse from kitchens of residences, hotels, cafes, restaurants and places where food is prepared for human consumption, including all animal and vegetable refuse from such kitchens; and also all condemned or decayed or unsound vegetables, meat, fish, fruit and all waste and offal therefrom from markets, stores and factories. The term "refuse" shall also include normal household trash, cardboard boxes, grass, leaves, yard trimmings, tree limbs and shrub trimmings; provided, however, that it shall not include waste from slaughterhouses, hot stove ashes or coals, dirt, sod, rocks, concrete, flammable materials such as oil, gas or paint, large bulky items such as appliances, furniture, metal objects, construction, remodeling or demolition debris, car parts, mattresses, rolls of carpet, animal carcasses or hazardous wastes.

STOVE ASHES: Includes the residue of material burned in stoves and in furnaces in private residences, but shall not include the residue from furnaces in apartment houses, hotels, business houses, heating or manufacturing plants. An "apartment house" is defined as a building comprising three (3) or more units designated for separate housekeeping tenements with heat furnished in common.

(Ord. 796, 10-4-2011)

4-4-2: - CONTRACT AUTHORIZED:#

The city council shall have the power at any time it may deem advisable to contract with any person, firm or corporation for the hauling and disposal of refuse, rubbish, recyclable and similar wastes from residential property.

(Ord. 796, 10-4-2011)

4-4-3: - COLLECTION, HAULING OR DISPOSAL; LICENSE REQUIRED:#

It shall be unlawful for any person, firm or corporation to engage in the business of collection, hauling or disposal of refuse, recyclable materials, swill, rubbish or similar wastes within the corporate limits of the city without first having obtained a license so to do from the city council.

(Ord. 796, 10-4-2011)

4-4-4: - DISPOSAL OF REFUSE AND RECYCLING:#

Container Provided: The city shall provide every owner or lessee of a dwelling or dwelling unit within the corporate limits of the city, that is not provided by city requirement with other waste hauling services, one 90-gallon automated refuse collection container and one 90-gallon recyclable material collection container at no cost other than the rate that is paid for refuse collection, recycling collection and disposal. For those residents generating more refuse than will fit in one 90-gallon automated refuse collection container each week, the city will provide a second ninety (90) gallon automated refuse container for an additional charge to be set by the city council by resolution, which charge shall be added to the resident's monthly bill. For those residents generating more recycling waste than will fit in one 90-gallon automated recycling collection container biweekly, the city will provide a second ninety (90) gallon automated recycling container for an additional charge to be set by the city council by resolution, which charge shall be added to the resident's monthly bill. Additional containers shall be provided for a minimum of six (6) months.

Placement in Cans: All refuse must be placed in the ninety (90) gallon automated refuse collection container. All recyclables must be placed in the ninety (90) gallon automated recycle collection container. Containers shall at all times be kept securely closed and be kept in such place and in such manner as to prevent offense.

Recycling Container: Only recyclables approved for collection by the director of the public works department shall be placed in a recycling container. Large boxes, cartons, or pieces of corrugated cardboard shall be cut into pieces no larger than two feet by two feet (2' x 2'). Recyclables shall not be placed in separate bags or containers within a recycling container, but placed loose within the container to allow for visual inspection of the materials.

Set Out for Collection: Automated refuse and recycle collection containers containing refuse to be hauled away by the person, firm or corporation contracting with the city for refuse and recycle removal, shall be placed at the curbside in the location and position designated by the operator no later than six o'clock (6:00) A.M. on the day of collection. Containers shall be set out for collection on the street at least four feet (4') from other automated containers and obstructions such as trees, mailboxes or parked vehicles. Containers must be placed in the gutter or, where there is no gutter, within two feet (2') of blacktop with the container handle facing the residence. All empty receptacles must be removed from the street as soon as practical after being emptied, and in every case must be removed from the street on the day they are emptied.

(Ord. 807, 6-5-2012)

4-4-5: - COMMERCIAL AND INDUSTRIAL PROPERTIES:#

The occupants or owners of all commercial and industrial property, including trailer parks, condominiums and apartment houses with five (5) or more units, shall arrange and pay for their own refuse collection and disposal in accordance with the provisions of this chapter. The occupants or owners of apartment houses with two (2), three (3) or four (4) units have the option of using the city's refuse and recycling collection services or arranging and paying for their own refuse collection service.

(Ord. 796, 10-4-2011)

4-4-6: - FEES AND CHARGES; DISCONTINUANCE OF SERVICES:#

Authority to Charge: The city council may, in its discretion and when it shall determine that the public interest shall be best served thereby, arrange for the collection by the city treasurer, of any charges for collections of refuse and recyclables by a contractor of the city under the provisions of section 4-4-2 of this chapter, and shall arrange for such collection service and bill for the charge of such service on the regular statement for water service on said premises; provided, that the two (2) charges must be at all times separately listed, and that the proceeds therefrom must at all times be kept separate and apart and not commingled in a single fund or account by the city treasurer.

Prompt Payment Required: In the event that any charges made under the provisions of subsection A of this section are not promptly paid when due, the city may proceed to collect the same as a debt due the city, and may sue therefor in any court of competent jurisdiction.

Temporary Discontinuance of Services: Refuse and recycling collection services may be discontinued during periods that the premises are vacant and water has been shut off, under the following conditions: the public works department picks up all containers assigned to the premises and no automated containers are found or used on the premises during such periods.

Cross reference— See also section 1-12-6 of this code for specific fees.

(Ord. 814, 8-21-2012)

4-4-7: - PROHIBITED ACTS AND ACTIVITIES:#

Placement Outside of Collection Days: It shall be unlawful for any person, firm or corporation to place or deposit in or on any of the public streets, alleys or parks in the city any refuse except on regular refuse collection days and in automated refuse collection containers.

Prohibited Materials: When unapproved or prohibited materials are placed in a container, the public works director may remove or have removed the container or containers and terminate services, in whole or in part. If only recycling services are terminated, the customer will continue to receive regular garbage and refuse services, with no reduction in monthly charges, but will not be allowed to obtain another recycling container for the following twelve (12) month period.

Refusal to Remove Refuse: It shall be unlawful for any person, firm or corporation to permit refuse, swill, rubbish or similar wastes to accumulate or remain on or about the premises, under the control of such person, for such period of time as to become objectionable or unsanitary; and every person, firm or corporation is hereby required to remove, or provide for the removal of, such refuse, swill, rubbish and similar wastes before the same become objectionable or unsanitary.

Refuse Falling on Streets: It shall be unlawful for any person hauling refuse, rubbish, swill, manure or matter of any kind to permit or allow any such matter to fall upon and remain in any street, alley or park within the corporate limits of the city, or to deposit any such matter at any place except a dumping ground or incinerator as authorized by the city council. It shall be unlawful for any person, firm or corporation hauling or collecting refuse to conduct such operation in such a manner as to cause any unnecessary noise or disturbance.

Painting or Defacing Containers: Automated containers shall not be painted, marked or otherwise defaced; provided, that a customer may repaint a container using the original container color in order to cover over the colors of paint, unauthorized markings or graffiti. If a customer fails to restore a container to its original color and appearance, after being notified by the public works department, the department may provide a replacement container and the replacement costs shall be paid for by the customer.

Vacant Premises: When premises are vacant, the property owner or customer is responsible for placing all automated containers in a secure location to protect against theft or vandalism. If the failure to place any containers in a secure location results in container loss, theft or vandalism, the property owner or customer shall be responsible for the replacement cost of the container.

Container Replacement Fee: Whenever a customer is required to pay for the cost of replacing any automated container under the provisions of this chapter, the fee for container replacement shall be the current replacement cost of the container.

Accumulation: All persons, firms or corporations having accumulation of "refuse" and similar wastes, as defined in this chapter, are hereby charged with the responsibility of making proper arrangements for the removal of the same, not inconsistent with the provisions of this chapter; and any person, firm or corporation failing so to do, and permitting the accumulation of the same, shall be guilty of a class B misdemeanor, and in addition, the city council may, in its discretion, arrange for the removal of such accumulated refuse and/or rubbish from such premises, and may charge the costs of such removal to the owner or occupant of the premises on which such accumulation was permitted, such charge to be deemed a debt due the city, and the city may proceed to collect such expenses by legal action in any court of competent jurisdiction if such is not paid promptly on demand.

(Ord. 796, 10-4-2011)

4-4-8: - PENALTY:#

Any person or corporation who violates any of the provisions of this chapter shall be guilty of a class B misdemeanor, and upon conviction, shall be punished as is provided in section 1-4-1 of this code.

(Ord. 796, 10-4-2011)

CHAPTER 5 - NUISANCES#

4-5-1: - PURPOSE:#

The purpose of this chapter is to provide a means for the city and complainants to identify nuisances within the city and to provide a means for correcting or abating the nuisances. The city must have the ability to abate nuisances in order to protect the health and safety of the public, to foster neighborhood stability, to preserve the appearance, character and beauty of neighborhoods, to encourage community pride, to preserve the value of property, and to protect the general welfare of the city and its citizens, businesses and visitors. This chapter provides for progressive enforcement measures to abate nuisances; the most aggressive forms of enforcement are generally reserved for the most recalcitrant violators of this chapter.

(Ord. 795, 10-4-2011)

4-5-2: - DEFINITIONS:#

ABATE: To repair, replace, remove, correct or otherwise remedy a condition which constitutes a nuisance by such means, in such a manner and to such an extent as the city determines is necessary in the interest of the general health, safety and welfare of the community.

CODE ENFORCEMENT INSPECTOR: A code enforcement inspector(s) designated by the city to enforce this chapter. This can include: employee(s) of the community development department, or employee(s) or officer(s) of the Riverdale City police, fire or public works departments.

COMPLETION DATE: The date by which the responsible person must abate a nuisance. The completion date is originally set by the city in the voluntary correction agreement or in the administrative citation. The completion date may be modified by the justice court.

EMERGENCY: A situation which, in the determination of the city, requires immediate action to prevent or eliminate an immediate threat to the health or safety of a person or property.

JUSTICE COURT: The Riverdale City justice court.

OWNER: Any person who, alone or with others, has title or interest in any building, property or premises, with or without accompanying actual possession thereof. For the purpose of giving notice, the term "owner" also includes any person in physical possession.

PREMISES: A plot of ground, whether occupied or not.

PROPERTY: A building or structure, or the premises on which the building or structure is located, developed or undeveloped land.

PUBLIC PLACE: An area generally visible to public view and includes: alleys, bridges, driveways, parking lots, parks, plazas, sidewalks, streets, and buildings open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

RESPONSIBLE PERSON: The person(s) responsible for correcting or abating a nuisance or ordinance violation pursuant to this chapter. The responsible person includes the owner and any person who causes or permits a nuisance to occur or remain upon property in the city, and includes, but is not limited to, the owner(s), lessor(s), lessee(s), or other person(s) entitled to control, use and/or occupy property where a nuisance occurs. In cases where there are more than one responsible persons, the city may proceed against one, some or all of them.

UNDRIVABLE OR NONTOWABLE CONDITION: A vehicle or RV which has missing tires or tire, missing engine, missing transmission, is dismantled or in such a manner as to which the vehicle is rendered unable to pass state safety inspection requirements, unable to move upon its own operable means, or the vehicle has become the habitat for rats, birds, mice, vermin, or insects.

(Ord. 780, 3-15-2011)

4-5-3: - NUISANCE DEFINED:#

This section defines "nuisance" by providing five (5) general definitions of what constitutes a nuisance or ordinance violation (subsection A of this section), and then providing specific examples of situations, conduct or activities that constitute nuisances or ordinance violations (subsection B of this section). The purpose of the general definitions is to allow the city to classify an offending situation, conduct or activity as a nuisance, even though the situation, conduct or activity may not be listed as a nuisance in the specific examples. The first three (3) general definitions are taken directly from Utah state law. The purpose of listing the specific examples is to identify some of the specific situations, conduct and activities that the city intends to abate as nuisances. A.

General Definitions of Nuisance: Any activity that meets any one or more of the five (5) definitions set forth below shall constitute a nuisance if it occurs within the city of Riverdale:

Injurious to Health: Anything which is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.

Dangerous to Human Life: Any item, thing, manner, or condition whatsoever that is dangerous or harmful to human life or health or renders soil, air, water, or food impure or unwholesome.

Act or Omission: Unlawfully doing any act or omitting to perform any duty, which act or omission:

Annoys, injures, or endangers the comfort, repose, health, or safety of three (3) or more persons;

Offends public decency;

Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake, stream, canal, or basin, or any public park, square, street, or highway; or

In any way renders three (3) or more persons insecure in life or the use of property.

An act which affects three (3) or more persons in any of the ways specified in this subsection is still a nuisance regardless of the extent to which the annoyance or damage inflicted on individuals is unequal.

Nuisance: A condition which:

Wrongfully annoys, injures, or endangers the comfort, repose, health or safety of others; or

Unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage, any public park, square, street or highway, or any other public place; or

In any way renders other persons insecure in life, or in the use of property, and which affects the rights of an entire community or neighborhood, although the extent of the damage may be unequal.

Specific Nuisances Listed in Subsection B of This Section: Anything specifically listed as a nuisance in subsection B of this section.

Nuisances Enumerated: Every situation, conduct or activity listed below constitutes a nuisance and may be abated pursuant to this chapter. The listed examples are not exhaustive; a situation, conduct or activity not listed below, but coming within one of the general definitions of nuisance listed above, shall also constitute a nuisance.

Drug Houses: Every building or premises where the unlawful sale, manufacture, service, storage, distribution, dispensing, or acquisition of any controlled substance, precursor, or analog specified in title 58, chapter 37 of the Utah code (Utah controlled substances act) occurs.

Gambling: Every building or premises where gambling occurs as prohibited in title 76, chapter 10, part 11 of the Utah code (gambling and "fringe gambling") which creates the conditions of a nuisance as defined in subsection A1 of this section.

Gang Houses: Every building, house, apartment or premises wherein criminal activity is committed in concert with two (2) or more persons as provided in section 76-3-203.1 of the Utah code.

Prostitution: Every building, house, apartment or premises where prostitution or the promotion of prostitution is regularly carried on by one or more persons as provided in title 76, chapter 10, part 13 (prostitution) of the Utah code.

Weapons: Every building, house, apartment or premises where a violation of title 76, chapter 10, part 5 (weapons) of the Utah code occurs on the premises.

Unsafe Condition: A condition that unreasonably or unlawfully affects the health, safety or well being of one or more persons.

Fire Hazard: A fire hazard.

Noxious Emanations: Emanation of noxious, offensive, foul or unreasonable odors, fumes, gas, smoke, soot or cinders.

Noxious Weeds: Noxious weeds located on vacant lots or other property, along public sidewalks or the outer edge of any public street, or weeds in any other location which constitute a fire or safety hazard, or violate any other city, state or federal ordinance, statute, or law. Noxious weeds: Weeds that are listed as noxious by the Utah state extension service. Said list of weeds is incorporated herein by reference and said weeds shall be removed from all real property subject to the provisions of this chapter.

10.

Refuse: Keeping or storing of any refuse or waste matter which interferes with the reasonable enjoyment of nearby property. Refuse matter: animal fecal matter, vegetative waste, weed, and/or grass clippings shall not be allowed to accumulate on property, unless they are kept in an enclosed compost bin that does not create a nuisance pursuant to section 4-5-1 of this chapter by being a health or safety hazard.

11.

Stagnant Water: Polluted or stagnant water which constitutes an unhealthy or unsafe condition.

12.

Improper Accumulations: Accumulation of soil, litter, debris, plant trimmings, or trash, visible from the street or an adjoining property.

13.

Accumulation of Junk: Accumulation of used or damaged lumber; junk; salvage materials; abandoned, discarded or unused furniture; stoves, sinks, toilets, cabinets, or other fixtures or equipment stored so as to be visible from a public street, alley, or adjoining property. However, nothing herein shall preclude the placement of stacked firewood for personal noncommercial use on the premises.

14.

Attractive Nuisances: Any attractive nuisance dangerous to children and other persons including, but not limited to, abandoned, broken, or neglected household appliances, equipment and machinery, abandoned foundations or excavations, or improperly maintained or secured pools.

15.

Vegetation: Dead, decayed, diseased, or hazardous trees, weeds, hedges, and overgrown or uncultivated vegetation which is in a hazardous or unsafe condition, is an obstruction to pedestrian or vehicular traffic, or which is likely to harbor rats, vermin or other pests.

16.

Dust: Any premises which causes excessive dust due to lack of landscaping, maintenance or other cause.

17.

Improper Storage: The keeping, storing, depositing or accumulating on the premises or in the public right-of-way any trailers, equipment, machinery, dirt, sand, gravel, concrete, or other similar materials, or maintenance of such material on public rights-of-way for an unreasonable period of time or longer than seventy-two (72) hours. Material stored as part of an active construction project shall not be considered a nuisance so long as such equipment or machinery does not otherwise create a nuisance herein.

18.

Garbage Can: The leaving of any garbage can or refuse container in the street, other than on collection day, for more than twenty-four (24) hours after the collection day.

19.

Construction Equipment: Construction equipment or machinery of any type or description parked or stored on property when it is readily visible from a public street, alley or adjoining property, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property, or where the property is zoned for the storage of construction equipment and/or machinery so long as such equipment or machinery does not otherwise create a nuisance herein.

20.

Improper Sign: Improper maintenance or nonmaintenance of a sign or signs which advertise a business or businesses that no longer exists on the property, or is in violation of any other Riverdale City ordinance.

21.

Abandoned Vehicles: A car, truck, bus, motor home, fifth wheel vehicle, trailer, camper, boat, jet ski, motorcycle, ATV, snowmobile, and/or a combination thereof or any other vehicle that is not currently registered or is in an undrivable condition or unusable as a vehicle and is visible from a public street or an adjoining property. If any of the above mentioned types of vehicles are visible from a public street or an adjoining property the vehicle or vehicles if allowed to remain on property must be stored/enclosed in an approved accessory building or garage. Tarps, covers, tents or temporary shelters are not approved enclosures to be used for the purpose of complying with this section.

22.

Improper Parking or Storage:

Parking or storage of inoperative, unregistered, abandoned, wrecked or dismantled vehicles, boats, trailers or vehicle parts, including recreational vehicles, on a premises or in the public right-of-way. Storage or parking that is specifically allowed by the city's zoning ordinance shall not be considered a nuisance.

Parking or storage of registered vehicles, trailers or boats in violation of city ordinance.

23.

Hazardous Conditions: Any wall, sign, fence, gate, hedge, or structure maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property.

24.

Graffiti: Graffiti which remains on the exterior of any building, fence, sign, or other structure and is visible from a public street.

25.

Improper Maintenance: Maintenance of buildings and/or structures in such condition as to be deemed defective or in a condition of deterioration or disrepair including, but not limited to:

Any building or structure which is unfit for human habitation, or which is an unreasonable hazard to the health of people residing in the vicinity thereof, or which presents an unreasonable fire or health hazard in the vicinity where it is located; or

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of city ordinances, or any use of land, buildings or premises in violation of city ordinances; or

Buildings, signs or structures which are abandoned, partially destroyed, or left in an unreasonable state of partial construction for a period of six (6) months or longer. An "unreasonable state of partial construction" is defined as any unfinished building, sign or structure where the appearance or condition of the building, sign or structure does not meet the requirements for finished buildings, signs or structures as required by applicable city ordinances or building codes. The building, sign or structure shall not be considered to be a nuisance if it is under active construction; or

Buildings having dry rot, mold, warping, termite infestation, decay, excessive cracking, peeling, or chalking, as to render the building unsightly and/or in a state of disrepair; or

Buildings with missing doors and/or windows containing broken glass and/or no glass at all where the window is of a type which normally contains glass; or

Building exteriors, walls, fences, gates, driveways, sidewalks, walkways, signs or ornamentation, or alleys maintained in such condition as to render them unsightly and/or in a state of disrepair; or

Buildings or conditions that violate any building, electrical, plumbing, fire, housing, or other code adopted by the city.

26.

City Code Nuisances: Any violation of a Riverdale City code section that expressly declares a specific situation, conduct or activity to be a nuisance.

27.

Drugs and Alcohol: Every property or premises not licensed under applicable federal or state law or city ordinance where any intoxicating drugs, liquors or alcohol are kept for unlawful use, sale or distribution.

28.

Inappropriate Conduct: Every property or premises where there exists an environment which causes, encourages or allows individuals or groups of individuals to commit one or more of the following acts on the property, premises or adjacent public place, including, but not limited to:

Illegally consuming intoxicating liquor or alcohol or illegal drugs;

Publicly urinating or defecating;

By physical action, intentionally causing or attempting to cause another person to reasonably fear imminent bodily injury or the commission of a criminal act upon their person or upon property in their immediate possession;

Engaging in acts of violence, including fighting;

Discharging a firearm or an explosive in violation of city ordinance or state law;

Creating unreasonable or excessive noise, traffic, smells or light which disturbs others or deprives someone of their peaceful enjoyment of their property;

Intentionally obstructing pedestrian or vehicular traffic; or

Soliciting acts of prostitution.

29.

Dangerous Conditions: Any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk, subspace, dock, or loading dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the city, in any one or more of the following particulars:

By reason of being a menace, threat and/or hazard to the general health and safety of the community.

By reason of being a fire hazard.

By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property.

By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.

30.

Zoning Violations: Any violation of the city's zoning ordinances in which the owner or occupier has not obtained a nonconforming use approval, as obtained through title 10, chapter 20 of this code.

31.

Parking on Landscaping: Parking in an area required to be landscaped by city ordinance. This does not include temporary parking of less than four (4) hours.

32.

Required Landscaping: Failure to install or maintain landscaping required by city ordinance.

33.

Unmanaged Growth: Unmanaged growth includes, but is not limited to, the following:

Weeds or grasses, other than ornamental grasses, that are in excess of six inches (6") in height relative to the surrounding hardscape and that are in areas required to be landscaped by city ordinance;

Trees, shrubs, or other vegetation, that interferes with the ingress or egress to a city street or right-of-way including sidewalks, visually, or through other manner from a private drive, street or other entryway; or

Trees, shrubs, or other vegetation, that interferes with the delivery, service or operation of any public utility.

The provisions of this section shall govern and be applied to all owners and occupants of real property which is:

(1)

Located within the Riverdale City corporate limits, in any and all residential zones; or

(2)

Located within the Riverdale City corporate limits with a zoning designation of A-1, provided said A-1 zoned real property has been developed for a residential use.

The provisions of this section shall not be applicable to any real property located in the Riverdale City corporate limits, zoning designation notwithstanding, which is:

(1)

Protected by local, state, or federal law, statute, or regulation; or

(2)

All properties with a certified hillside slope of twenty percent (20%) or greater.

34.

Animals, Pets or Fowl: Any animal, pet or fowl kept for any reason, or the containment means or living structure for the same that creates objectionable, offensive or annoying odor, noise, deterioration of property or that is unsightly, hazardous or unhealthy.

(Ord. 780, 3-15-2011)

4-5-4: - EXCEPTIONS:#

No act which is done or maintained under the express authority of an authoritative statute, ordinance or court ruling shall be declared a nuisance.

(Ord. 795, 10-4-2011)

4-5-5: - RESPONSIBILITY FOR NUISANCES:#

Any person or entity, whether as owner, manager, agent, renter, occupant, or the person(s) or entity who controls or who is in charge of any property, lot or premises, who creates, aids in creating, or contributes to a nuisance, or who supports, continues, or retains a nuisance, is responsible for the nuisance and is therefore a responsible person pursuant to this chapter. Every successive owner, tenant or responsible person of a property or premises who fails to abate a continuing nuisance upon or in the use of such property or premises caused by a former owner, tenant or responsible person is responsible therefor in the same manner as the one who first created it.

(Ord. 795, 10-4-2011)

4-5-6: - NUISANCE ABATEMENT — ADMINISTRATION:#

This chapter may be administered and enforced by the city, code enforcement or the public safety department. In case of nuisances involving dangerous buildings enforcement may be administered by the community development or fire department or any other properly authorized agent of the city.

(Ord. 780, 3-15-2011)

4-5-7: - FINDING OF NUISANCE:#

If the city finds that a nuisance exists, the city shall attempt to have the responsible person abate the nuisance.

(Ord. 780, 3-15-2011)

4-5-8: - VOLUNTARY CORRECTION:#

This section may apply whenever the city determines that a nuisance exists. Although the city's first step in correcting or abating the nuisance may be to obtain voluntary compliance, the city may pursue any remedy or combination of remedies available pursuant to this chapter, state law or common law in order to abate the nuisance. Nothing in this section shall be interpreted to prohibit the city from engaging in its standard prosecution practices. Therefore, the city may prosecute violators of city ordinances or state laws without first having to comply with the provisions of this chapter, even though the activity or conduct prosecuted may also constitute a nuisance under this chapter. Nothing in this chapter shall be interpreted to prevent the city from enforcing applicable city ordinances, or building codes, without first treating the offending conduct, situation or activity as a nuisance pursuant to this chapter. A.

Contact: One of the options available before taking other steps to abate the nuisance, the city may make a reasonable attempt to secure voluntary correction or abatement of the nuisance by:

Contacting the responsible person, where possible;

Explaining the nuisance;

Requesting the responsible person to abate the nuisance; and

Agreeing to terms with the responsible person to abate the nuisance, in writing signed by both parties.

Issue a "fix-it" citation as prescribed in subsection 1-4-4F of this code.

No Agreement: If the city and the responsible person cannot agree to terms for correcting or abating the nuisance, the city may still abate the nuisance using one or more of the procedures set forth in this chapter, state law, or common law.

Voluntary Correction Agreement: If the city and the responsible person agree to terms for abating the nuisance, they shall enter into and sign a voluntary correction agreement. The voluntary correction agreement is a contract between the city and the responsible person in which the responsible person agrees to abate the nuisance within a specified time and according to specified conditions. The voluntary correction agreement shall include the following terms:

The name and address of the responsible person;

The street address of the nuisance, or a description sufficient to identify the building, structure, premises, or land upon or within which the nuisance is occurring;

A description of the nuisance;

The necessary corrective action to be taken, and a date or time by which correction must be completed;

An agreement by the responsible person that the city may inspect the premises as necessary to determine compliance with the voluntary correction agreement;

An agreement by the responsible person that the city may abate the nuisance and recover its costs and expenses to abate the nuisance, as well as a monetary fine pursuant to this chapter from the responsible person, if terms of the voluntary correction agreement are not met;

An agreement by the responsible person acknowledging that he/she waives the right to appeal the city's finding that a nuisance exists and waives the right to appeal the specific corrective action required in the voluntary correction agreement; and

An agreement by the responsible person that failure to comply with the voluntary correction agreement may be grounds for criminal prosecution.

If a voluntary correction agreement has been entered into between the city and this responsible party, within the previous twenty-four (24) months, the city may, but is not required to, enter into another voluntary correction agreement but may exercise any options available to the city to abate the nuisance such as issue an administrative citation as described in section 4-5-9 of this chapter or a fix-it citation as prescribed in subsection 1-4-4F of this code.

10.

It shall be the obligation of the responsible person to notify the city to sign off on the voluntary correction agreement when the work is completed prior to the date of expiration or the voluntary correction agreement expires. Failure to do so will become an administrative citation in the Riverdale justice court.

The city may grant an extension of the time limit for correcting or abating the nuisance if the responsible person has shown due diligence and/or substantial progress in correcting or abating the nuisance but unforeseen circumstances render abatement under the original conditions unattainable. If the responsible person complies with the terms of the voluntary correction agreement, the city shall take no further action against the responsible person related to the nuisance described in the voluntary correction agreement unless the nuisance recurs.

(Ord. 780, 3-15-2011)

4-5-9: - ADMINISTRATIVE CITATION:#

Issuance of an Administrative Citation: When the city determines that a nuisance exists, and is unable to secure voluntary correction pursuant to section 4-5-8 of this chapter, the city may issue an administrative citation to the responsible person. The city may issue an administrative citation without having attempted to secure voluntary correction as provided in section 4-5-8 of this chapter under the following circumstances:

When an emergency exists; or

When the city is unable to locate or determine the identity of the responsible person, other than the property owner; or

When the city has previously entered into an agreement with the responsible party(ies) within the previous twenty-four (24) months.

Content of Administrative Citation: The administrative citation shall include the following:

The name and address of the responsible person; and

The street address of the nuisance or a description sufficient for identifying the building, structure, premises, or land upon or within which the nuisance is occurring; and

A description of the nuisance; and

The required corrective action; and

The completion date and a notice that the city may abate the nuisance and charge the responsible person for all abatement costs if the responsible person does not correct the nuisance before the completion date; and

The time for appealing the administrative citation to the justice court and the procedure for filing an appeal.

A statement indicating that no monetary fine will be assessed if the city approves the completed, required corrective action prior to the completion date; and

A statement that the city may abate the nuisance and assess costs and expenses of abatement and a monetary fine against the responsible person if the correction is not completed by the responsible person and approved by the city before the completion date.

Service of Administrative Citation: The city shall serve the administrative citation upon the responsible person, either personally or by mailing, certified, return receipt requested, a copy of the administrative citation to the responsible person at his/her last known address. If the responsible person cannot after due diligence be personally served within Weber County and if an address for mailed service cannot after due diligence be ascertained, notice shall be served by posting a copy of the administrative citation conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail.

No Extension: No extension of the time specified in the administrative citation for correction of the nuisance may be granted, except by order of the justice court.

(Ord. 780, 3-15-2011)

4-5-10: - CRIMINAL ACTIONS:#

Criminal Actions: Criminal actions may be initiated by criminal citation from the city or by information filed with the court. 1.

Any person who maintains or assists in maintaining a nuisance is guilty of a class C misdemeanor. A prior conviction within the previous five (5) years will be considered an enhanced violation and any person convicted of a second or more violations of this chapter within five (5) years shall be guilty of a class B misdemeanor.

If the alleged nuisance is also a violation of a provision of this code (other than this nuisance chapter) or state law, the responsible person may be charged under the specific provision of this code or state law, even if the city did not first attempt to obtain voluntary correction as provided in section 4-5-8 of this chapter.

Any person who knowingly obstructs, impedes, or interferes with the city or its agents, or with the responsible person, in the performance of duties imposed by this chapter, or a decision and order issued by the justice court, or a voluntary correction agreement, is guilty of a class B misdemeanor.

(Ord. No. 996, § 1, 7-15-2025)

Editor's note— Ord. No. 996, § 1, adopted July 15, 2025, repealed the former § 4-5-10 and enacted new § 4-5-10 as set out herein. The former section pertained to other remedies and derived from Ord. No. 795, adopted Oct. 4, 2011.

4-5-11: - OTHER REMEDIES:#

The city may take one (1) or more of the following actions against any responsible person who fails to comply with the terms of a voluntary consent agreement, an administrative citation, or an order of the justice court: A.

Abatement by the City:

The city may abate a nuisance when:

The terms of a voluntary correction agreement have not been met; or

The requirements of an administrative citation have not been complied with, or, if the administrative citation is appealed to a justice court and the terms of the administrative citation are amended by the justice court, the terms of the justice court's order have not been complied with; or

The condition is subject to summary abatement as provided for in subsection A2 of this section.

Whenever a nuisance is occurring which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the responsible person as soon as reasonably possible after the abatement.

Using any lawful means, the city may enter upon the subject property and may remove or correct the condition which is subject to abatement. The city may seek such judicial process as it deems necessary to effect the removal or correction of such condition.

The costs, including incidental expenses, of correcting or abating the violation shall be billed to the responsible person and/or the owner, lessor, tenant or other person entitled to control, use and/or occupy the property and shall become due and payable to the city within ten (10) days of actual receipt of the bill (within fifteen (15) days of the mailing date if the bill is mailed). The term ''incidental expenses" includes, but is not limited to:

Personnel costs, both direct and indirect, including attorney fees and costs;

Costs incurred in documenting the violation;

Hauling, storage and disposal expenses;

Actual expenses and costs for the city in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and

The costs of any required printing and mailing.

Monetary Fine: The responsible person shall pay the city a monetary fine for each day the nuisance continues after the completion date. The nuisance shall be considered to continue until the city approves the responsible person's actions to correct or abate the nuisance. The amount of the monetary fine shall be as follows:

One hundred dollars ($100.00) per day for each day during the first week that the nuisance remains uncorrected or unabated after the completion date;

Two hundred dollars ($200.00) per day for each day thereafter until the nuisance is corrected or abated according to the terms set forth in the administrative citation.

The monetary fine shall be cumulative and may not be waived by the city. Payment of a monetary fine pursuant to this section does not relieve the responsible person from the duty to abate the nuisance as required by the voluntary consent agreement or the administrative citation. The monetary fine constitutes a personal obligation of the responsible person. Any monetary fine assessed must be paid to the city within ten (10) calendar days from the date of mailing of the justice court's decision and order or a notice from the city that the fine is due. The city attorney or his/her designee is authorized to take appropriate action to collect the monetary fine, plus reasonable attorney fees and costs incurred in collecting said monetary fine. C.

Civil Actions: Either the city or any private person directly affected by a nuisance may bring a civil action to abate or enjoin the nuisance, or for damages for causing or maintaining the nuisance (including the cost, if any, of cleaning the subject property). The civil action may be brought pursuant to this chapter or pursuant to state law.

Abatement by Eviction: Whenever there is reason to believe that a nuisance under subsections 4-5-3B1 through B6 of this chapter is kept, maintained, or exists in the city, the city attorney or any citizen(s) residing in the city, or any person or entity doing business in the city, in his or their own names, may maintain an action in a court of competent jurisdiction to abate the nuisance and obtain an order for the automatic eviction of the tenant of the property harboring the nuisance. The eviction shall take place as specified in Utah law.

Lien for Costs: If a person fails to pay any fines or costs related to nuisance abatement when due, the city may:

Record a lien on the property or premises for the full amount of the unpaid fines and costs; and

Add such fines or costs to the utility water bill account.

Nonexclusive Remedies: The city may take any or all of the above mentioned remedies (administrative, civil or criminal) to abate a nuisance and/or to punish any person or entity that creates, causes or allows a nuisance to exist. The abatement of a nuisance does not prejudice the right of the city or any person to recover damages or penalties for its past existence.

(Ord. No. 996, § 1, 7-15-2025)

Editor's note— Ord. No. 996, § 1, adopted July 15, 2025, repealed the former § 4-5-10 and enacted new § 4-5-10 as set out herein. The former section pertained to appeals and derived from Ord. No. 780, adopted March 15, 2011.

4-5-12: - APPEALS:#

Grounds: Any person receiving an administrative citation may appeal the administrative citation to the Riverdale justice court. Only the following issues may be appealed to the justice court:

The person charged as the responsible person is not the "responsible person" as defined by this chapter.

The condition described as a nuisance is not a "nuisance" as defined by this chapter.

The method required to abate the nuisance is inappropriate.

The time period given to abate the nuisance is unreasonable.

The monetary fine is unreasonable.

The responsible person claims that the requirement(s) violates his/her constitutional rights.

Filing: The person desiring to appeal must file a notice of appeal at the city's office of community development, and the Riverdale justice court within ten (10) days of receipt of the citation (within fifteen (15) days of the mailing date if the citation is mailed).

Hearing: The hearing before the justice court shall be informal according to rules and procedures established by the justice court. The appellant may, but is not required to, bring an attorney or other representative to assist him or her. The appellant and the city may each call witnesses at the hearing. The justice court judge may, with or without the parties present, visit the site of the alleged nuisance. If the justice court judge allows the parties at the site visit, both parties must be given the opportunity to be present. The hearing shall be scheduled by the justice court within thirty (30) days of when the notice of appeal is filed with the city.

Burden of Proof: The appellant shall have the burden of proof to demonstrate by a preponderance of the evidence that he/she had legitimate grounds for an appeal. The determination of the city as to the need for the required corrective action shall be accorded substantial weight by the justice court in determining the reasonableness of the corrective action.

Authority of the Justice Court: The justice court shall have authority to affirm or vacate the administrative citation, or to modify or waive specific provisions of the administrative citation. If the appellant fails to attend the hearing, the justice court shall affirm the administrative citation. The justice court shall not vacate the administrative citation unless he/she finds that no nuisance exists. The justice court shall modify the administrative citation if he/she finds that a nuisance exists, but that one (1) or more of the requirements of the administrative citation is improper or inappropriate. A requirement is improper if it is contrary to this chapter. A requirement is inappropriate if the justice court finds that there is a better means of resolving the problem or that the proposed solution is inappropriate given the nature or severity of the problem. When determining whether to waive or modify a requirement of the administrative citation, the justice court may also consider:

Whether the appellant responded to the city's attempts to contact the appellant and cooperated with efforts to correct the nuisance;

Whether the appellant has shown due diligence and/or substantial progress in correcting the nuisance;

The financial ability of the appellant and the amount, if any, that the appellant has benefited financially by maintaining the nuisance;

Any other relevant factors.

If the appellant appeals the city's refusal to approve appellant's corrective action, the justice court shall visit the site and determine if the appellant complied with the requirements of the administrative citation.

Order: The justice court shall issue a written order to the appellant and the city notifying them of his/her decision. The order shall include the justice court's findings of fact and ultimate decision. If the justice court modifies or waives provisions of the administrative citation, the order shall specify which portions are modified and how they are modified. The justice court shall mail a copy of the order to the appellant and the city within five (5) working days of the close of the hearing.

Appeal to District Court: Either the city (in the case of a ruling on an administrative citation only) or the appellant may appeal the justice court's order by filing a petition for review of the order. The petition must be filed in the second district court within thirty (30) calendar days from the date the justice court's order was mailed to the appellant.

(Ord. No. 996, § 1, 7-15-2025)

CHAPTER 6 - COST RECOVERY FOR EMERGENCIES#

4-6-1: - PURPOSE:#

This chapter shall provide procedures for recovering cost incurred by the city for city assistance rendered in responding to hazardous materials emergencies, aggravated fire emergencies and aggravated medical emergencies pursuant to 53-2-105, Utah Code Annotated.

(Ord. 637, 9-21-2004)

4-6-2: - DEFINITIONS:#

As used in this chapter, the following terms shall have the meanings designated:

AGGRAVATED FIRE EMERGENCY: A.

A fire proximately caused by the owner or occupier of the property or a structure, which presents a direct and immediate threat to public safety and requires immediate action to mitigate the threat, and the fire.

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

Occurs as a direct result of a deliberate act in violation of state law or the ordinances or regulations of the county or other local agency.

A fire that constitutes arson or reckless burning as defined by the Utah code.

AGGRAVATED MEDICAL EMERGENCY: An alarm that results in a county and/or other authorized local authority or an emergency medical unit being dispatched, and the person transmitting, or causing the transmission of the alarm, knows at the time of said transmission there are no reasonable grounds for believing that a medical emergency exists.

EXPENSES: The actual labor cost of government and volunteer personnel, including workers' compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of materials, costs of disposal and the cost of any contract labor and materials.

FALSE FIRE ALARMS: An alarm that results due to a malfunction or lack of maintenance, which requires an emergency response of fire personnel. "Excessive" false fire alarm calls is defined as more than two (2) within a thirty (30) day period.

HAZARDOUS MATERIALS EMERGENCY: A sudden and 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.

(Ord. 637, 9-21-2004; amd. Ord. 887, 4-18-2017)

4-6-3: - RECOVERY AUTHORIZATION AND PROCEDURE:#

The city is hereby empowered to recover from any person, corporation, partnership or other entity who causes the city or any assisting agency to incur any expenses associated with responding to a hazardous material emergency, aggravated fire emergency or an aggravated medical emergency. These expenses may be collected in accordance with the following procedures: A.

The Riverdale fire chief shall determine responsibility for the hazardous materials emergency and notify the responsible party in person or by mail (first class, postage prepaid) of the city's determination of responsibility and the costs to be recovered.

The notice shall specify that the party determined to be responsible may appeal the Riverdale City fire chief's decision to the city administrator. Any appeal shall be filed, in writing, with the city recorder's office not more than thirty (30) days from the date of service notice. The date of service notice shall be the date of the personal delivery or three (3) days after the date of mailing.

In the event the party determined to be responsible appeals the fire chief's notice, the city administrator shall hold a hearing to consider any issues raised by the appeal. At the hearing the appealing party and the city shall be entitled to present evidence in support of their respective positions. The city administrator shall issue a final decision assessing responsibility and expenses.

(Ord. 637, 9-21-2004)

4-6-4: - NO ADMISSION OF LIABILITY:#

The payment of expenses determined owing under this chapter does not constitute a criminal fine or an admission of liability or negligence in any legal action for damages.

(Ord. 637, 9-21-2004)

4-6-5: - ACTION TO RECOVER COSTS:#

In the event any person determined to be responsible for the repayment of hazardous material emergency expenses, aggravated fire expenses or aggravated emergency medical expenses fails to make payment to the city within thirty (30) days after a final determination of any appeal to the city administrator, or thirty (30) days from the deadline for the approval in the event no appeal is filed, the city may initiate legal action to recover from the determined responsible party the expenses determined to be owing, including the city's reasonable attorney fees and the cost of such recovery.

(Ord. 637, 9-21-2004)

4-6-6: - EXCESSIVE FALSE FIRE ALARM PENALTY:#

"Excessive" false fire alarm calls are prohibited. Excessive false fire alarm calls will be assessed to the business/residence under the direction of the fire chief, at a recovery rate of forty-eight dollars ($48.00) per fifteen (15) minute increment for each occurrence.

(Ord. 887, 4-18-2017)

CHAPTER 7 - CAMPING IN UNDESIGNATED AREAS#

4-7-1: - PURPOSE AND SCOPE:#

The purpose of this chapter is to maintain public and private lands, streets, sidewalks, alleys, ways, creeks, waterways, parks, playgrounds, recreation areas, plazas, open spaces, lots, parcels and other public and private areas within the city in a clean, sanitary and accessible condition and to protect the health, safety and welfare of the community.

Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property.

It is not the intent or purpose of this chapter to prohibit overnight camping on private residentially zoned property when located on the same lot as an existing single-family residence.

(Ord. 728, 1-20-2009)

4-7-2: - UNLAWFUL CAMPING:#

It is unlawful and a public nuisance for any person or group of persons to establish any site for the purpose of human habitation to provide overnight or short term camping, to camp, establish or occupy camping facilities, or use camping paraphernalia within Riverdale City limits or any of the following areas: A.

Any public property, improved or unimproved, including, but not limited to, public streets and sidewalks, parks, open space, and other property;

Public places restricted as day use;

Public restroom facilities;

Areas established as closed to public use;

Within one-fourth (1/4) mile of any roadway, highway, freeway, water source, river, wetland, or waterway, pathway or walkway, bridge, tunnel or viaduct, rail yard or train tracks;

Within one thousand feet (1,000') of:

A public or private school or grounds.

A building, park, stadium or other structure which at the time of the act, being used for an activity sponsored by or through a school or institution.

A preschool or childcare facility;

In an area deemed for other recreational use.

(Ord. 728, 1-20-2009)

4-7-3: - DEFINITIONS:#

Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.

Nothing contained in this section shall prevent the use of umbrellas, sunshades, or other usual equipment for temporary protection from the sun or elements and not for human habitation or overnight use.

The term "camping" as used in this chapter shall not be defined to include any camping activity authorized pursuant to a special event, activity or special business event license issued by the city pursuant to the provisions herein or otherwise in this code.

CAMP OR CAMPING: To do any of the following: A.

Sleep or establish oneself at any time between the hours of eleven o'clock (11:00) P.M. and eight thirty o'clock (8:30) A.M. in any of the following:

Outdoors, with or without bedding, sleeping bag, blanket, mattress, tent, hammock, or other similar protection, equipment or device;

In, on, or under any structure or thing not intended for human occupancy, whether with or without bedding, sleeping bag, blanket, mattress, tent, hammock, or other similar protection, equipment or device.

Establish or maintain, outdoors or in, on, or under any structure, object or thing not intended for human occupancy, at any time between the hours of eleven o'clock (11:00) P.M. and eight thirty o'clock (8:30) A.M., a temporary or permanent place for sleeping by setting up any bedding, sleeping bag, blanket, mattress, tent, hammock, or other sleeping equipment or device in such a manner as to be usable for sleeping purposes.

Establish or maintain, outdoors or in, on, or under any structure or thing not intended for human occupancy, at any time during the day or night, a temporary or permanent place for cooking or sleeping by setting up any bedding, sleeping bag, blanket, mattress, tent, hammock, or other sleeping equipment or device or by setting up any cooking equipment, with the intent to remain in that location overnight.

CAMPING FACILITIES OR CAMPING FACILITY: Include, but are not limited to, tents, huts, lean tos, tarps, trailers, vehicles, vehicle camping outfits or other forms of temporary shelter.

CAMPING PARAPHERNALIA: Includes, but is not limited to, bedrolls, blankets, tarpaulins, cots, beds, mattresses, pads, sleeping bags, hammocks, lanterns, stoves or noncity designated cooking facilities and similar equipment.

ESTABLISH: Setting up or moving equipment, supplies or materials onto public or private property for the purpose of camping or operating or using camping facilities.

MAINTAIN: Keeping or permitting self, equipment, supplies or materials to remain on public or private property in order to camp or operate or use camping facilities.

OPERATE OR OPERATING: Participating or assisting in establishing or maintaining a camp or camping facility.

PARKS: Public and private parks.

PLAYGROUNDS: Play lots, playgrounds, and play fields for local youth and adult recreation programs.

PUBLIC PROPERTY: All publicly owned property including, but not limited to, public streets, sidewalks, alleys, ways, creeks, waterways, parks, playgrounds, recreation areas, plazas, open spaces, lots, parcels and other forms of improved or unimproved land or real property.

STORE: To set aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.

STREETS OR PUBLIC STREETS: Includes avenues, highways, lanes, alleys, ways, crossings or intersections, courts and cul-de-sacs that have been dedicated and accepted according to law, or which have been in common and undisputed use by the public for a period of not less than five (5) years from the effective date hereof. "Streets" and "public streets" do not include privately owned streets unless the context clearly provides otherwise.

(Ord. 728, 1-20-2009)

4-7-4: - PERMIT FOR SPECIAL EVENTS REQUIRED:#

The mayor or city manager, in his/her/their discretion, may issue a temporary permit to permit camping in connection with a special event. A "special event" is intended to include, but not be limited to, programs operated by the departments of the city, youth or school events, marathons or other sporting events and scouting activities that the city manager deems to be in the public interest and shall not constitute a public nuisance nor be a threat to the public health, safety or welfare.

(Ord. 728, 1-20-2009)

4-7-5: - CAMPING RESTRICTIONS WHEN PERMITTED FOR SPECIAL EVENTS:#

Campsite must be kept in a sanitary condition.

Littering, human excrement, open containers of food and other unsanitary conditions will not be tolerated.

No campfires or fires of any kind.

No damage to surrounding vegetation or destruction of public property.

No open containers of alcohol.

No possession of firearms.

(Ord. 728, 1-20-2009)

4-7-6: - IMPOUNDMENT OF CAMPING EQUIPMENT:#

Any camping equipment left standing in violation of this section may be impounded or removed by a peace officer or designated official. For purposes of impoundment and/or removal, a peace officer or designated official may, after making a reasonable effort to locate the owner, impound and remove any vehicle, trailer, tent or associated camping equipment. The cost of fines, fees for impoundment for each day that it is held in storage, and removal costs shall be charged to the owner or any person who claims the impounded equipment, trailer or vehicle.

(Ord. 728, 1-20-2009)

4-7-7: - PENALTY:#

Any person who violates any section of this chapter shall be guilty of a class B misdemeanor, and upon conviction, such person shall be subject to fine and/or imprisonment or punished as provided in section 1-4-1 of this code. In addition to the remedies set forth herein, the city attorney may institute civil actions to abate a public nuisance under this chapter. Nothing in this subsection precludes prosecution under any other provision of law.

(Ord. 728, 1-20-2009)

CHAPTER 8 - NOISE ABATEMENT#

4-8-1: - PURPOSE AND SCOPE:#

The purpose and scope of this chapter is to prohibit noise and/or sounds which disrupt the peace and harmony of Riverdale City and to protect the physical, mental and social well being of the residents of Riverdale by prohibiting such noise and/or sound.

This chapter aims to ensure that public health, safety and welfare shall not be abridged by the making and creating of public nuisances from disturbing, excessive or offensive noises in Riverdale City. The residents of Riverdale recognize that the community is entitled to live in an environment in which the level of noise is minimized for the community good.

This chapter applies to all persons, property, animals, equipment, appliances, instruments and other sound emitting devices, as regulated herein.

The provisions of this chapter are not intended to interfere with, abrogate or annul other rules, regulations or ordinances, including this code or Utah code. If more stringent requirements concerning noise abatement are contained in the other rules, regulations or ordinances, the more stringent regulation shall apply.

(Ord. 740, 8-4-2009)

4-8-2: - DEFINITIONS:#

For the purpose of this chapter, the following words, terms and phrases shall have the meanings indicated herein:

CITY: The city of Riverdale.

NOISE: Any sound emitted by a person, an appliance, equipment, an instrument, other device or animal.

NOISE DISTURBANCE: Any noise, which endangers or injures the safety or health of humans or animals; annoys or disturbs a reasonable person of ordinary sensibilities; that endangers or injures any personal or real property; or that disturbs the peace or creates a nuisance.

PERSON: Any individual, association, trust, partnership or corporation, including any members, directors, officers, employees, partners or principals thereof. Whenever used in any clause prescribing and imposing a penalty, "person" includes the members, trustees, partners, directors, officers, managers and supervisors, or any of them, of partnerships, associations, corporations or other forms of entity.

(Ord. 740, 8-4-2009)

4-8-3: - PROHIBITED ACTS:#

General Prohibition: It shall be unlawful for any person to make or cause to be made a noise disturbance within the limits of Riverdale City, except as otherwise permitted in this chapter.

Specific Prohibitions: The following are specifically prohibited, except as otherwise permitted in or exempted from this chapter:

No person shall operate, play or permit the operation or playing of any radio, television, drum, musical instrument, player, sound amplifier or similar device which produces, reproduces or amplifies sound:

In such manner as to cause a noise disturbance.

In such manner, which is plainly audible at a distance of fifty feet (50') from such source, when the source is operated from a residence, a motor vehicle or hand carried on a public right-of-way or public space.

No person(s) shall yell, shout, hoot, sing, make other loud or disruptive noises on the public streets between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M., or at any time or place so as to annoy or disturb the quiet, comfort or repose of any person in the vicinity.

No person shall operate or permit the operation of any tools or equipment used on construction operations, drilling or demolition or other work or in the sweeping of parking lots in areas directly adjacent to residential districts between the hours of eleven o'clock (11:00) P.M. of one day and six o'clock (6:00) A.M. of the following day on weekdays and Saturdays or at any time on Sundays or legal holidays such that the sound therefrom causes an unusually loud and/or annoying noise disturbance.

No person shall operate or permit the operation of any electrically powered saw, drill, sander, grinder, lawn or garden tool, snowblower or similar device used outdoors between the hours of ten o'clock (10:00) P.M. of one day and six o'clock (6:00) A.M. of the following day so as to cause a noise disturbance.

No person shall load, open, close or otherwise handle boxes, crates, containers, building materials, garbage cans or other objects between the hours of ten o'clock (10:00) P.M. of one day and six o'clock (6:00) A.M. of the following day in such a manner as to cause a noise disturbance across a residential lot line. This subsection shall not apply to municipal or utility services in or about the public right-of-way.

No person shall offer for sale, or sell, by shouting or outcry or by any other amplified or unamplified sound, except between the hours of seven o'clock (7:00) A.M. of one day and seven o'clock (7:00) P.M. of the same day.

No person shall sound any horn or signal device on any automobile, motorcycle, bus, or other vehicle for any purpose other than to avoid an accident or collision or other lawful reason.

No person shall use a product which has had a muffler or sound dissipative device or element of design or noise label removed or rendered inoperative with knowledge or reason to know that such action has occurred.

No person shall repair, rebuild, test or otherwise work on any motorcycle or other motor vehicle, motorboat or aircraft in such a manner as to cause a noise disturbance across a lot line of the receiving land use.

10.

No person shall create such other noise as might pose a danger to the public health, safety or welfare of the city or otherwise constitute a nuisance in fact.

11.

No person, including, without limitation, a pedestrian, shall make, continue or cause to be made or continued any noise, which creates or causes a noise disturbance.

12.

No person shall operate a motorcycle, truck, automobile or other motor vehicle in such a manner as to cause it to create a noise disturbance.

13.

No person shall keep any animal, bird or fowl which emanates frequent or extended noise which shall disturb the quiet, comfort and repose of any person in the vicinity.

(Ord. 740, 8-4-2009)

4-8-4: - EXEMPTIONS:#

The following noises are exempted from the provisions above: A.

Band concerts, carnivals or other performances or similar activities publicly or privately sponsored and presented in any public or private space outdoors, provided that such activities do not occur between eleven o'clock (11:00) P.M. on one day and seven o'clock (7:00) A.M. on the following day and that said activities or performances have obtained a city permit and, if occurring within a city park or trail, do not violate provisions of section 7-7-5 of this code.

Noises caused by the performance of emergency work or by the ordinary and accepted use of emergency apparatus and equipment.

Noises resulting from the provision, repair and maintenance of municipal/governmental facilities, services or public utilities.

Noises created by organized school related programs, activities, athletic and entertainment events or other public programs, activities or events.

Noises made by warning devices operating continuously for three (3) minutes or less, except that, in the event of an actual emergency, the limitation shall not apply.

(Ord. 816, 8-21-2012)

4-8-5: - RESPONSIBILITY OF OWNERS OF PREMISES:#

It shall be unlawful for any person to knowingly permit the making, creation or maintenance of unreasonably loud noises upon any premises owned or possessed by him or under his control.

(Ord. 740, 8-4-2009)

4-8-6: - VIOLATIONS AND PENALTIES:#

Any person who violates or permits the violation of any provision of this chapter shall be guilty of a class B misdemeanor, and upon conviction, such person shall be subject to fine and/or imprisonment or punished as provided in section 1-4-1 of this code. In addition to the remedies set forth herein, the city attorney may institute civil actions to abate a public nuisance under this chapter. Nothing in this subsection precludes prosecution under any other provision of law.

(Ord. 740, 8-4-2009)