TITLE 7 - PUBLIC WAYS AND PROPERTY

Part of the City Code of Riverdale, UT.

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

The text

CHAPTER 1 - OBSTRUCTIONS#

7-1-1: - GENERAL REGULATIONS:#

Weeds, Litter, Snow and Ice: All owners or occupants, or the agent of any owner or occupant, of real property located within the city shall remove all weeds, noxious vegetation, and any other debris or obstructions from such property, to the curb line of the street. If standard concrete curb and gutter does not exist, the "curb line" shall mean the edge of the driving surface of the street. All owners, occupants or agents of said property are also responsible to keep all sidewalks; meaning any hard surface including asphalt, concrete or pavers; adjacent to such property free from litter, snow, ice and obstructions.

Obstructions:

All persons are hereby forbidden to obstruct the sidewalks, crosswalks or streets of this city, or to permit any gate or other obstruction to swing across any sidewalk of the city to the annoyance of another; provided, however, that special permission may be granted by the city council to place obstructions on sidewalks or streets when necessary for improving the same or to provide protection when buildings are in the course of construction.

A person may not drive or place any vehicle, animal or other thing upon or along any sidewalk except in crossing the sidewalk to or from abutting property or permit the vehicle, animal or other thing to remain on or across any sidewalk in a way that impedes or obstructs the ordinary use of the sidewalk. When the object does not impede the ordinary use of a sidewalk, vehicles, building materials or other similar things may be placed temporarily on highways in a manner that will not impede, endanger or obstruct ordinary traffic. A police officer may prohibit or may require the removal of vehicles, building material or other obstructions on a highway in his or her jurisdiction.

(Ord. 748, 11-17-2009)

7-1-2: - PENALTY:#

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

(Ord. 748, 11-17-2009)

CHAPTER 2 - OFFICIAL STREET MAP#

7-2-1: - AUTHORITY:#

This chapter is adopted pursuant to the authority of Utah Code Annotated section 10-9a-407, as amended, and other applicable state laws and is for the purpose of preserving the integrity of any official map and the official streets indicated thereon as may be adopted by the city council and recorded with the county recorder.

(Ord. 650, 11-1-2005)

7-2-2: - ADOPTION; AMENDMENTS:#

The city council may from time to time adopt, pursuant to law, an official map of the whole or any part or parts of the city theretofore existing and established by laws as public streets. Such official map may also show the location of the lines of streets on plats of subdivisions which shall have been approved by the planning commission. The city council may make, from time to time, other additions to or modifications of the official map by placing thereon the lines of proposed new streets or street extensions, widening, narrowings or vacations which have been accurately surveyed and definitively located; provided, however, that before taking any such action, the planning commission shall hold a public hearing thereon; and provided, further, that such proposed addition to or modification of the official map shall then be submitted to the city council for a public meeting and its final approval, and in the event of such approval, such addition or modification shall require the favorable vote of not less than a majority of the entire membership of the city council. The placing of any street or street lines upon the official map shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes. Upon adoption of the ordinance creating the official map or making any amendments therein, the city council shall direct that said ordinance be recorded in the office of the county recorder.

The Riverdale City street map, dated November 18, 1987, is the official map of the city.

(Ord. 650, 11-1-2005)

7-2-3: - APPEAL TO BOARD OF ADJUSTMENT:#

Authority: Any owner of land within or bordering a street for which the official map has been adopted and for which a building permit has been refused by the building inspector may appeal to the board of adjustment.

Permit Issuance; Findings Required: The board of adjustment shall have the power to authorize the grant of a permit for a building or structure or part thereof within or adjoining any mapped street location upon finding:

That the property of the appellant of which such mapped street location forms a part will not yield a reasonable return to the owner unless such permit be granted; or

That, in balancing the interest of the city in preserving the integrity of the official map and the interest of the owner in the use and benefits of the property, the grant of such permit is required by a consideration of justice and equity.

Public Meeting: Before taking any action, the board of adjustment shall hold a public meeting thereon.

Conditions May Be Imposed: In the event that the board of adjustment decides to authorize a building permit, it shall have the power to specify the exact location, yard and ground area, height, and other details, and conditions of extent and character as it may determine, and also the duration of the building, structure or part thereof to be permitted.

(Ord. 650, 11-1-2005)

CHAPTER 3 - MUNICIPAL IMPROVEMENT TAXES#

7-3-1: - MUNICIPAL IMPROVEMENT DISTRICT ACT ADOPTED:#

Utah Code Annotated section 17A-3-301 et seq., is hereby adopted and made a part of this chapter as though fully set forth herein as the city's procedure for the levy of special taxes to make improvements.

(1985 Code § 17-2-1)

CHAPTER 4 - EXCAVATIONS#

ARTICLE A. - STREET EXCAVATIONS#

7-4A-1: - DEFINITIONS:#

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

APPLICANT: Any person who makes application for a permit.

BUSINESS: Any place in the city in which there is conducted or carried on principally or exclusively any pursuit or occupation for the purpose of gaining a livelihood.

CITY: The corporation of Riverdale City, a municipal corporation of the state of Utah.

EMERGENCY: Any unforeseen circumstances or occurrence, the existence of which constitutes an immediate danger to persons or property, or which causes interruption of utility or public services.

ENGINEERING REGULATIONS, REGULATIONS, SPECIFICATIONS AND/OR DESIGN STANDARDS: The latest version of the engineering regulations, specifications, design standards or criteria published or adopted by the public works director.

EXCAVATION: Digging in, cutting into the surface of, or breaking the surface of any street, road, shoulder or highway in the city, with the exception of state highways.

FAILURE: A work site restoration which fails to meet the public works director's specifications, or which results in a deteriorated or substandard condition within the duration of the warranty period. Failure may be settlement of surfaces, deterioration of materials or other surface irregularities. Measurement of failure shall be further defined in the engineering regulations.

INFRASTRUCTURE PROVIDER: A person providing to another, for the purpose of providing telecommunication services to customers, all or part of the necessary system which uses the rights-of-way.

OPERATOR: Any person who provides service over a telecommunications system and directly or through one or more affiliates owns a controlling interest in such system, or who otherwise controls or is responsible for the operation of such a system.

PERMITTEE: Any person which has been issued a permit and thereby has agreed to fulfill the requirements of this article.

PERSON: Means and includes any natural person, partnership, firm, association, provider, corporation, company, organization or entity of any kind.

PIPE DRIVEWAY: A driveway approach which uses a pipe or other means to bridge the gutter.

PRIVATE DRAIN LINE: A pipe installed solely for the transmission of water collected or generated on private property such as drainage, spring or storm water, or condensate into the public drainage system.

PROPERTY OWNER: Person or persons who have legal title to property and/or equitable interest in the property, or the ranking official or agent of a company having legal title to property and/or equitable interest in the property.

PROVIDER: An operator, infrastructure provider, reseller, system lessee or public utility company.

PUBLIC UTILITY COMPANY: Any company subject to the jurisdiction of the Utah state public service commission, or any mutual corporation providing gas, electricity, water, telephone or other utility product or services for use by the general public.

PUBLIC WAY: Means and includes all public rights-of-way and easements, public footpaths, walkways and sidewalks, public streets, public roads, public highways, public alleys and public drainageways. It does not, however, include utility easements not within public ways of the city.

PUBLIC WORKS DIRECTOR: The public works director or his/her authorized representative.

RESELLER: Any person that provides service over a system for which a separate charge is made, where that person does not own or lease the underlying system used for the transmission and does not install any system in the rights-of-way.

RESIDENT: The person or persons currently making their home at a particular dwelling.

STORM DRAIN: A dedicated pipe, conduit, waterway or ditch installed in a rights-of-way or easement for the transmission of storm and drainage water. This term does not include private drain lines.

SYSTEM LESSEE: Any person that leases a system or a specific portion of a system to provide services.

WORK SITE RESTORATION: Means and includes the restoring of the original ground or paved hard surface area to comply with engineering regulations, and includes, but is not limited to, repair, cleanup, backfilling, compaction and stabilization, paving and other work necessary to place the site in acceptable condition following the conclusion of the work, or the expiration or revocation of the permit.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-2: - PERMIT REQUIRED; BASIS FOR ISSUANCE:#

Any person desiring to perform work of any kind in a public way within the city, shall make application for a permit. The decision by the city to issue a permit shall include, among other factors determined by the city, the following: A.

The capacity of the public way to accommodate the facilities or structures proposed to be installed in the public way;

The capacity of the public way to accommodate multiple wires in addition to cables, conduits, pipes or other facilities or structures of other users of the public way, such as electrical power, telephone, gas, sewer and water;

The damage or disruption, if any, of public or private facilities, improvements or landscaping previously existing in the public way;

The public interest in minimizing the cost and disruption of construction from numerous excavations of the public way.

(Ord. 555, 1-20-1999)

7-4A-3: - APPLICATION FOR PERMIT:#

Application for a permit shall be filed with the public works director on a form or forms to be furnished by the city forty-eight (48) hours prior to the excavation. Property owners and/or tenants for whom work is being done shall be responsible for obtaining the permits; provided, however, contractors may obtain the permit in the contractor's name. A.

Eligible Persons: No person shall be eligible to apply for or receive permits to do work within the public ways of the city, save and except the following:

Contractors licensed by the state as general contractors;

Providers;

Property owners installing, replacing or maintaining less than five hundred (500) square feet or one hundred (100) linear feet of sidewalk, curb and gutter, or driveway approach, or other work approved by the public works director, upon a portion of the public way adjacent to their residence; or

Persons offering a service which requires occupation of the public way, such as scaffold or staging, staging of a crane, installation or maintenance of electric signs, glass, awnings and painting or cleaning of buildings or signboards or other structures.

Denial Based on Past Performance: The public works director may deny the issuance of permits to contractors, utility companies or other permit applicants who have shown by past performance that in the opinion of the public works director they will not consistently conform to the engineering regulations, specifications, design standards or the requirements of this article.

Plans May Be Required: When necessary, in the judgment of the public works director, to fully determine the relationship of the work proposed to existing or proposed facilities within the public ways, or to determine whether the work proposed complies with the engineering regulations, construction specifications and design standards, the public works director may require the filing of engineering plans, specifications and sketches showing the proposed work in sufficient detail to permit determination of such relationship or compliance, or both, and the application shall be deemed suspended until such plans and sketches are filed and approved.

Approval Required Prior to Commencement: It shall be unlawful for any person to commence work upon any public way until the public works director has approved the application and until a permit has been issued for such work, except as specifically approved to the contrary in this article.

Appeal: The disapproval or denial of an application by the public works director may be appealed by the applicant by the filing of a written notice of appeal within ten (10) days of the action of the public works director. The chief administrative officer shall hear such appeal, if written request therefor be timely filed as soon as practicable, and render his/her decision within two (2) weeks following notice of such appeal.

Limited Authority of Public Works Director: In approving or disapproving work within any public way, or permits therefor, in the inspection of such work; in reviewing plans, sketches or specifications; and generally in the exercise of the authority conferred upon him/her by this article, the public works director shall act in such manner as to preserve and protect the public way and the use thereof, but shall have no authority to govern the actions or inaction of permittees and applicants or other persons which have no relationship to the use, preservation or protection of the public way.

Exceptions to Permit Requirements: A permit is not required from the public works director for hand digging excavations for installation or repair of sprinkler systems and landscaping within the nonpaved areas of the public way. However, these excavations are done at the risk of the excavators and conformance to all city specifications outlined in this article is required.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-4: - FEE FOR PERMIT:#

Consolidated Fee Schedule: The city shall charge and the permittee shall pay upon issuance of the permit, fees for costs associated with the work performed under the permit as outlined in the consolidated fee schedule set forth in subsection 1-12-6C of this code. Such costs include costs for reviewing the project and issuing the permit, inspections of the project, deterioration of the public way or diminution of the useful life of the public way, and other costs to the city associated with the work to be done under the permit. All costs shall be assessed in a nondiscriminatory manner.

Waiver: The public works director may waive permit fees or penalties or portion thereof provided for in this article, when he/she determines that such permit fee or penalty:

Pertains to construction or rehabilitation of housing for persons whose income is below the median income level for the city; or

Pertains to an encroachment on the public way involving a beautification project which furthers specific goals and objectives set forth in the city's strategic plan, master plans or other official documents, including decorative street lighting, building facade lighting, flower and planter boxes, and landscaping.

Additional Charges Authorized: Additional charges to cover the reasonable cost and expenses of any required engineering review, inspection and work site restoration associated with each undertaking may be charged by the city to each permittee, in addition to the permit fee. Additional fees shall be levied at the discretion of the public works director.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-5: - DEPOSIT REQUIRED:#

Before a permit is issued, the applicant shall furnish to the city a deposit in the amount set forth in the consolidated fee schedule set forth in title 1, chapter 12 of this code. If faithful performance of the work authorized by a permit granted pursuant to this article is maintained, the deposit shall be returned to the permittee. The permittee shall guarantee the materials and workmanship for a period of one year from completion of such work, with reasonable wear excepted.

(Ord. 555, 1-20-1999; amd. 2001 Code)

7-4A-6: - PERMIT PROVISIONS:#

Duration; Extensions:

Each permit application shall state the starting date and estimated completion date. Work shall be completed within five (5) days from the starting date or as determined by the public works director. Such determination shall be based upon factors reasonably related to the work to be performed under the permit. Such factors may include, in addition to other factors related to the work to be performed, the following:

The scope of work to be performed under the permit;

Maintaining the safe and effective flow of pedestrian and vehicular traffic on the public way affected by the work;

Protecting the existing improvements to the public way impacted by the work;

The season of the year during which the work is to be performed as well as the current weather and its impact on public safety and the use of the public way by the public;

Use of the public way for extraordinary events anticipated by the city.

The public works director shall be notified by the permittee of commencement of the work within twenty-four (24) hours prior to commencing work. The permit shall be valid for the time period specified in the permit.

If the work is not completed during such period, prior to the expiration of the permit, the permittee may apply to the public works director for an additional permit or an extension, which may be granted by the public works director for good cause shown.

The length of the extension requested by the permittee shall be subject to the approval of the public works director.

Transfer or Assignment Prohibited: Permits shall not be transferable or assignable, and work shall not be performed under a permit in any place other than that specified in the permit. Nothing herein contained shall prevent a permittee from subcontracting the work to be performed under a permit; provided, however, that the holder of the permit shall be and remain responsible for the performance of the work under the permit, and for all bonding, insurance and other requirements of this article and under said permit.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-7: - OTHER HIGHWAY PERMITS:#

Applicability to City Permit Requirements: Holders of permits for work on highways owned or under the jurisdiction of other government entities, but located within the city limits, shall not be required to obtain permits from the city under the provisions of this article, unless the work extends beyond the back side of the curb, or beyond any other designated jurisdictional boundary. Any city permit shall not be construed to permit or allow work on a county road or on a state highway within the city without an applicable county or state permit.

Regulation by City Authorized: The public works director, in his or her discretion, shall have the right and authority to regulate work under permits issued by other governmental entities with respect to hours and days of work, and measures required to be taken by the permittee of said governmental entity for the protection of traffic and safety of persons and property. Notwithstanding the foregoing, nothing in this article shall be construed to impose any duty, implied or express, on the city or its employees, officers, agents or assigns, relative to the protection of traffic and safety of persons or property, arising out of the issuance of any permit issued by government entities other than the city, or arising out of any work performed on any public way owned or within the jurisdiction of the city.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-8: - COMPLIANCE WITH SPECIFICATIONS; SITE PERMITTEE IDENTIFICATION:#

Compliance Required: The work performed in the public way shall conform to the requirements of the engineering regulations, design standards, construction specifications and traffic control regulations of the city, copies of which shall be available from the public works director, kept on file in the office of the city recorder and be open to public inspection during office hours.

Identification at Site: Where a job site is left unattended before completion of the work, signage with minimum two inch (2") high letters shall be attached to a barricade or otherwise posted at the site indicating the permittee's name, or company name, telephone number, and after hours telephone number.

Manner of Excavations, Generally; Barricades: All excavations shall be conducted in a manner resulting in a minimum amount of interference or interruption of street or pedestrian traffic. Inconvenience to residents and businesses fronting on the public way shall be minimized. Suitable, adequate and sufficient barricades and/or other structures will be available and used where necessary to prevent accidents involving property or persons. Barricades must be in place until all of the permittee's equipment is removed from the site and the excavation has been backfilled and proper temporary gravel surface is in place. The permittee shall have a professional patching crew repair all road cuts. The permittee will be responsible for the patch for a period of one year. If the patch fails within one year, the permittee will be notified to replace the patch. If the permittee fails to replace the patch within ten (10) days, the city will use the deposit to replace the patch. If the patch remains functional for one year, the deposit will be returned. From sunset to sunrise, all excavations and intrusions into the rights-of-way shall be clearly and properly barricaded in accordance with the "Manual On Uniform Traffic Control Devices". The permittee shall notify the police department and fire department at least twenty-four (24) hours in advance of any planned excavation requiring street closure or traffic detour.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 815, 9-25-2012; Ord. 854, 5-6-2014)

7-4A-9: - RELOCATION OF STRUCTURES IN PUBLIC WAY:#

Authority to Direct: The public works director may direct any person owning or maintaining facilities or structures in the public way to alter, modify or relocate such facilities or structures as the public works director may require as set forth herein. Sewers, pipes, drains, tunnels, conduits, pipe driveways, vaults, trash receptacles and overhead and underground gas, electric, telephone, telecommunication and communication facilities shall specifically be subject to such directives. The person owning or maintaining the facilities or structures shall, at their own cost and expense and upon reasonable written notice by the city, promptly protect, or promptly alter or relocate such facilities or structures, or part thereof, as directed by the city. In the event that such person refuses or neglects to conform to the directive of the city, the city shall have the right to break through, remove, alter or relocate such part of the facilities or structures without liability to such person. Such person shall pay to the city all costs incurred by the city in connection with such work performed by the city, including also design, engineering, construction, materials, insurance, court costs and attorney fees.

Conditions Authorizing: Any directive by the public works director shall be based upon one of the following:

The facility or structure was installed, erected or is being maintained contrary to law or determined by the public works director to be structurally unsound or defective;

The facility or structure constitutes a "nuisance", as defined under state statute;

The permit under which the facility or structure was installed has expired or has been revoked;

The public way is about to be repaired or improved and such facilities or structures may pose a hindrance to construction; or

The grades or lines of the public way are to be altered or changed.

Police Power: Any directive of the public works director under this section shall be under and consistent with the city's police power. Unless an emergency condition exists, the public works director shall make a good faith effort to consult with the person regarding any condition that may result in a removal or relocation of facilities in the public way to consider possible avoidance or minimization of removal or relocation requirements and provide the directive as far enough in advance of the required removal or relocation to allow the person a reasonable opportunity to plan and minimize cost associated with the required removal or relocation.

Exception: This obligation does not apply to facilities or structures originally located on private property pursuant to a private easement, which property was later incorporated into the public way, if that prior private easement grants a superior vested right.

Penalty for Failure to Comply: Any person owning or maintaining facilities or structures in the public way who fails to alter, modify or relocate such facilities or structures upon notice to do so by the public works director shall be guilty of a class B misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. All costs of alteration, modification or relocation shall be borne by the person owning or maintaining the facilities or structures involved.

Emergency; Action by City: The city may, at any time, in case of fire, disaster or other emergency, as determined by the city in its reasonable discretion, cut or move any parts of the system and appurtenances on, over or under the public way, in which event the city shall not be liable therefor to a person. The city shall notify a person in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this subsection.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-10: - IMPACT ON EXISTING IMPROVEMENTS:#

Temporary Sidewalk or Curb Ramp: If any sidewalk or curb ramp is blocked by excavation work, a temporary sidewalk or curb ramp shall be constructed or provided. Said temporary improvement shall be safe for travel and convenient for users, and consistent with city standards for such.

Paved Areas; Temporary Gravel Surface: Where excavations are made in paved areas, the surface shall be replaced with a temporary gravel surface until such time as the permanent repairs are completed.

Disturbance of Property:

At any time a permittee disturbs the yard, residence or the real or personal property of a private property owner or the city, such permittee shall ensure that such property is returned, replaced and/or restored to a condition that is comparable to the condition that existed prior to the commencement of the work.

The costs associated with the disturbance and the return, replacement and/or restoration shall be borne by the permittee. Further, a permittee shall reimburse a property owner or the city for any actual damage caused by the permittee, its subcontractor or its independent contractor, in connection with the disturbance of such property. However, nothing in this subsection shall require the permittee to pay a subscriber or private property owner when that subscriber or private property owner requests that the permittee remove, replace or relocate improvements associated with the service provided by the permittee to the property owner and when the permittee exercises due care in the performance of that service, or when the subscriber or private property owner provided false information to the permittee on which the permittee relied to its detriment.

Included Acts Specified: Examples of types of acts specifically included in this section are the following:

Removal of sod, lawn, shrubbery, flowers, trees, driveways or fence to install, trench, repair, replace, remove or locate, equipment, cable or other appurtenances of the permittee;

Installation or removal of equipment or other appurtenances of the permittee's system within a private property owner's property or residence which requires drilling, excavating, plastering or the like on the part of the permittee;

Temporarily relocating or moving a piece of personal property or a fixture of a private property owner (such as a motor vehicle, fence, air conditioning, heating unit, or the like) in order to perform some sort of construction, maintenance or repair by the permittee; or

Permanently removing a permittee's equipment or other appurtenances due to the revocation, termination or nonrenewal of the franchise (if applicable).

Drainage Channels Free from Debris: Existing drainage channels, such as gutters or ditches, shall be kept free of dirt or other debris so that natural flow will not be interrupted. When it is necessary to block or otherwise interrupt flow of the drainage channel, a method of rerouting the flow must be submitted for approval by the public works director prior to the blockage of the channel.

Extension of Requirements: The requirements imposed upon the permittee extend to any subcontractor or independent contractor that the permittee might employ to perform the tasks pursuant to the permit.

Exception: The requirements of this section shall not apply to the removal by a permittee of a permanent structure placed by a property owner in a public way, unless such property owner has received prior written permission from the city granting the property owner the right to install a permanent structure on a public way, and such written permission has been recorded in the office of the county recorder.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-11: - RESTORATION OF PUBLIC PROPERTY:#

The permittee shall, at its own expense, restore the surface of any public way to its original condition and replace any removed or damaged pavement. All restoration shall conform to the engineering regulations, design standards and specifications promulgated by the city and shall be accomplished within the time limits set forth in the permit, unless additional time is granted in writing by the public works director.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-12: - EMERGENCY WORK:#

Authorized: Any person maintaining pipes, lines or facilities in the public way may proceed with work upon existing facilities without a permit when emergency circumstances demand the work to be done immediately; provided a permit could not reasonably and practicably have been obtained beforehand.

During Business Hours; Notification: In the event that emergency work is commenced on or within any public way of the city during regular business hours, the public works director shall be notified within one-half (1/2) hour from the time the work is commenced. The person commencing and conducting such work shall take all necessary safety precautions for the protection of the public and the direction and control of traffic, and shall ensure that work is accomplished according to engineering regulations, the "Manual On Uniform Traffic Control Devices" and other applicable laws, regulations or generally recognized practices in the industry.

Other than Business Hours; Notification: Any person commencing emergency work in the public way during other than business hours without a permit shall immediately thereafter apply for a permit or give notice during the first hour of the first regular business day on which city offices are open for business after such work is commenced. The person commencing and conducting such work shall take all necessary safety precautions for the protection of the public and the direction and control of traffic, and shall ensure that work is accomplished according to engineering regulations, the "Manual On Uniform Traffic Control Devices" and other applicable laws, regulations or generally recognized practices in the industry. A permit for such emergency work may be issued which shall be retroactive to the date when the work was begun, at the discretion of the public works director.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-13: - TAMPERING WITH TRAFFIC BARRICADES:#

It shall be unlawful for any person to maliciously or wantonly or without authorization and legal cause, extinguish, remove or diminish any light illuminating any barricade or excavation, or to tear down, remove or in any manner alter any rail, fence or barricade protecting any excavation or other construction site.

(Ord. 555, 1-20-1999)

7-4A-14: - FAILURE TO COMPLY:#

Default in Performance:

Any permit may be revoked or suspended and a stop order issued by the public works director, after notice to the permittee for:

Violation of any condition of the permit, the security or of any provision of this article;

Violation of any provision of any other ordinance of the city or law relating to the work; or

Existence of any condition or the doing of any act which does constitute, may constitute, or cause a condition endangering life or property.

A suspension or revocation by the public works director, and a stop order, shall take effect immediately upon entry thereof by the public works director and notice to the person performing the work in the public way. Notice to the person performing the work shall be accomplished when the public works director has posted a stop work order at the location of the work and written notice has been mailed, return receipt requested, to the address indicated by the permittee on the permit.

Design Standards: For failure to conform to the design standards and regulations, the public works director may:

Suspend or revoke the permit;

Issue a stop order;

Order removal and replacement of faulty work;

Require an extended warranty period; and/or

Negotiate a cash settlement to be applied toward future maintenance costs.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-15: - APPEAL OF SUSPENSION, REVOCATION OR STOP ORDER:#

Any suspension, revocation or stop order by the public works director may be appealed by the permittee by filing a written notice of appeal within ten (10) days of the action of the public works director with the city recorder. The city administrator shall hear such appeal, if written request therefor be timely filed, as soon as practicable, and render his/her decision within a reasonable time following filing of notice of appeal.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-16: - HOLD HARMLESS AGREEMENT; NONLIABILITY OF CITY:#

The permittee agrees to save the city, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under the permit. The issuance and acceptance of any permit under this article shall constitute such an agreement by the permittee to this section.

This article shall neither be construed as imposing upon the city, its officers, employees and agents, any liability or responsibility for damages to any person injured by or by reason of the performance of any work within the public way, or under a permit issued pursuant to this article; nor shall the city, its officers, officials, employees, agents, volunteers or assigns thereof be deemed to have assumed any such liability or responsibility by reason of inspection authorized hereunder, the issuance of any permit, or the approval of any work.

(Ord. 555, 1-20-1999)

7-4A-17: - CONFLICTING PROVISIONS:#

Should there be a conflict between the provisions of this article and the provisions of any other ordinance, agreement, franchise or other document governing the excavation of a public way, the more restrictive provisions of the aforesaid documents shall apply.

(Ord. 555, 1-20-1999)

7-4A-18: - PENALTY:#

Unless otherwise specified in this article, a violation of any provision of this article, or failure to comply with an order of suspension, revocation or stop work, shall be a class B misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. Each day the violation exists shall be a separate offense. No criminal conviction shall excuse the person from otherwise complying with the provisions of this article.

(Ord. 555, 1-20-1999; amd. 2001 Code)

ARTICLE B. - MINING OPERATIONS AND GRAVEL PITS#

7-4B-1: - PURPOSE:#

It is the purpose and object of this article to establish reasonable and uniform limitations, safeguards and controls on excavation within the city as herein described. These provisions are deemed necessary in the public interest to affect practices which will provide protection of the tax base, provide for the economical use of vital materials necessary for our economy and give due consideration to the present and future use of land in the interest of promoting the public health, comfort, safety and general welfare.

(1985 Code § 8-1-1)

7-4B-2: - EXCAVATION DEFINED:#

For the purpose of this article, "excavation" shall mean the removal of clay, soil, sand or gravel from the earth by digging, stripping, leveling or any other process, together with all other types of mining operations where material is removed from the earth, except that dredging operations in the bed of existing rivers and streams shall not be covered by this article.

(1985 Code § 8-1-2)

7-4B-3: - ENFORCEMENT:#

Public Works Director to Enforce: The public works director, appointed by the city, is hereby designated and authorized as the officer charged with the enforcement of this article.

Powers and Duties: It shall be the duty of the public works director to inspect or cause to be inspected at regular intervals of not more than three (3) months, or as often as necessary, all excavations. Where it is determined by the public works director that excavation is proceeding not in compliance with the provisions of this article, he shall enforce the provisions of this article and in performance of this duty, may enter actions in the courts where necessary, and his failure to do so shall not legalize any violation of such provisions.

(1985 Code §§ 8-3-1, 8-3-2; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4B-4: - OPERATIONAL REQUIREMENTS:#

General: Persons, firms or corporations engaged in the operation of gravel pits, or making excavations for the removal of soil and gravel, shall, at all times, keep and maintain the same so that they shall not be a public nuisance, and the pits and excavations shall be protected so that children cannot enter upon the premises and so be exposed to conditions that could be hazardous to the lives of such children. The owners and operators of such pit shall, at all times during its operation, keep the same in a sanitary condition and free from hazards to life and health.

Restrictions Specified: All excavation operations conducted or carried on are subject to the following limitations, restrictions and controls:

Equipment, Machinery: All equipment and machinery used on the site of an excavation operation shall be constructed, maintained and operated in such a manner as to minimize dust, noise, vibration, smoke and odor. Access and haulage roads on the site shall be maintained in a dust free condition by asphalt or dustproof oil surfacing or other approved treatment as determined by the public works director.

Barriers: Fencing or other suitable barriers shall be created and maintained on the excavation site or on portions of the site where such fencing is practicable and necessary because of dangerous conditions created by the excavation as determined by the public works director.

Landscaping: The planting of trees and shrubs and other appropriate landscaping are encouraged where natural conditions make such feasible and practicable in order to screen excavation operations from normal view, to enhance the general appearance and to minimize the damaging effect of such operations to the beauty and character of the surrounding countryside.

Manufacturing Processes: The manufacture of concrete building blocks or other similar blocks, the production or manufacture of lime products, the production of ready mixed concrete, the production of asphalt mixes and any similar production or manufacturing process which might be related to the excavation operation shall not be permitted except as otherwise provided in title 10, "Zoning And Subdivision Regulations", of this code.

Wastewater Discharges: The washing of sand and gravel shall be done so as to prevent the discharge of wastewater onto any public or private roads or any private property without the consent of the owner, or into any running stream without permission of the proper authority.

Excavation and Backfilling:

Where backfilling is required in accordance with section 7-4B-5 of this article, the excavation shall be graded or backfilled with nonnoxious, nonflammable, noncombustible solids. The materials used or the method of fill shall not be such as to create a health hazard nor which would be objectionable as determined by the public works director because of odor or unsightliness. This backfill must be of such material as will encourage natural vegetation to reappear.

The graded or backfilled area shall not be contoured so that it will collect and permit stagnant water to remain thereon.

The peaks and depressions of the excavation area shall be reduced to a surface which will result in level or gently sloping topography in substantial conformity to the land area immediately surrounding and which will minimize erosion due to rainfall.

In any rehabilitation procedure which takes place in sand and gravel excavations or on other sites where the material is of loose or friable nature, no slope shall be left which is steeper than a ratio of one and one-half horizontal to one vertical (1 1/2:1). In no case shall any slope exceed the normal angle of repose of the material involved.

Removal of Temporary Structures: Within a reasonable time not to exceed one year after the cessation of the operation, all temporary structures (except fences), equipment, rock piles, rubble heaps or other debris shall be removed or backfilled into the excavation so as to leave the premises in a neat and orderly condition as determined by the public works director.

(1985 Code §§ 8-4-1, 8-4-2; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4B-5: - REHABILITATION:#

Required: When soil or gravel is removed from any gravel pit or excavation, and the use of the pit is completed, the owner and operator thereof shall level the same and fill in such pit so that there will be no stagnant water remaining therein which might breed mosquitoes or other pests, and to place the same in as neat and sanitary condition as possible, and so that the same will not be detrimental or dangerous to the health of the inhabitants of the city.

Rehabilitation Requirements: In order to ensure that the area of excavation operation shall be rehabilitated to a condition of practical usefulness and reasonable physical attractiveness, the owner or operator shall, prior to the commencement of excavation, submit to the planning commission a plan for such excavation and rehabilitation in the form of the following:

A full and adequate description of all phases of the contemplated operation and the specific mention of type of machinery and equipment which will be or might be necessary to carry on the operation.

A legal description of the proposed site with a map showing its location with indications of private access roads, existing or proposed, and of public highways adjacent to the site which will be affected by the operation.

A topographic map of the area at a maximum contour interval of five feet (5') extending beyond the site to the nearest public street or highway or to a minimum distance of three hundred feet (300') on all sides.

A physical rehabilitation plan showing the proposed contours of the excavation before and after rehabilitation and other special features of rehabilitation, and the method by which such rehabilitation is to be accomplished.

A bond, written by a licensed surety company, a certified check or other financial guarantee in an amount to be fixed by the city as recommended by the city engineer sufficient to secure the performance of the rehabilitation agreement. Such amount may be determined only after an adequate and thorough investigation of such operation, and after issuance of special findings based on a rehabilitation cost analysis which clearly justifies the amount of the bond. Such agreement and financial guarantee shall be in a form approved by the city attorney. In the event of the applicant's failure to fulfill this agreement, such bond, check or other financial guarantee shall be deemed forfeit for the purpose of performing the rehabilitation.

Rehabilitation shall proceed in a progressive manner as the excavation operation is being carried on, to be determined by the public works director. The owner or operator shall submit a plan for progressive rehabilitation to the planning commission as the excavation operation is being carried on. The required bond in such case shall be sufficient to cover progressive stages of the rehabilitation as provided in the approved plan for periods of not less than two (2) years.

Approval:

The planning commission shall consider the excavation and rehabilitation plans and all data and information pertaining thereto and shall have thirty (30) days in which to make a recommendation to the city council.

The city council may approve or disapprove the proposal. If approved, the city council shall instruct the public works director to issue an excavation permit, which shall state any conditions or limitations to be imposed. If disapproved, the city council shall indicate its disapproval in writing to the applicant with reasons therefor.

(1985 Code §§ 8-5-1—8-5-3; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4B-6: - EXCEPTIONS:#

Sod: The provisions of this article shall not apply to the removal of sod.

Topsoil: The provisions of this article shall not apply to the removal of topsoil, providing the operation be not closer than ten feet (10') to any property line or to a depth in excess of eighteen inches (18") or so as to adversely affect the drainage of the area.

Commercial Disposal: The provisions of this article shall not apply to any operation where excavation is necessary for construction of a legitimate use of the premises only; provided, however, where such operation involves the commercial disposal of the material removed, such commercial disposal of material removed shall be limited to a maximum period of six (6) months.

Unusual Conditions: In cases where unusual topographical or other exceptional conditions exist, variations and exceptions from this article may be made by the city council after recommendation by the planning commission.

Street and Shoulder Excavation: The provisions of this article shall not apply to street and shoulder excavations, as those terms are defined in article A of this chapter.

(1985 Code §§ 8-6-1—8-6-5)

7-4B-7: - PENALTY:#

Any person violating any provision of this article shall be deemed guilty of a class B misdemeanor and upon conviction, such person shall be punished as provided in section 1-4-1 of this code.

(1985 Code § 8-3-3)

CHAPTER 5 - TELECOMMUNICATIONS; USE OF RIGHTS-OF-WAY#

7-5-1: - FINDINGS AND INTENT; AUTHORITY:#

Rights-of-Way: The city finds that the rights-of-way within the city:

Are critical to the travel and transport of persons and property in the business and social life of the city;

Are intended for public uses and must be managed and controlled consistent with that intent;

Can be partially occupied by the facilities of utilities and other public service entities delivering utility and public services rendered for profit, to the enhancement of the health, welfare and general economic well-being of the city and its citizens; and

Are a unique and physically limited resource requiring proper management to maximize the efficiency and to minimize the costs to the taxpayers of the foregoing uses and to minimize the inconvenience to and negative effects upon the public from such facilities' construction, placement, relocation and maintenance in the rights-of-way.

Compensation: The city finds that the city should receive fair and reasonable compensation for use of the rights-of-way.

Local Concern: The city finds that while telecommunications systems are in part an extension of interstate commerce, their operations also involve rights-of-way, municipal franchising and vital business and community service, which are of local concern.

Promotion of Telecommunications Services: The city finds that it is in the best interests of its taxpayers and citizens to promote the rapid development of telecommunications services, on a nondiscrimination basis, responsive to community and public interest, and to assure availability for municipal, educational and community services.

Franchise Standards: The city finds that it is in the interests of the public to franchise and to establish standards for franchising providers in a manner that:

Fairly and reasonably compensates the city on a competitively neutral and nondiscriminatory basis as provided herein;

Encourages competition by establishing terms and conditions under which providers may use the rights-of-way to serve the public;

Fully protects the public interests and the city from any harm that may flow from such commercial use of rights-of-way;

Protects the police powers and rights-of-way management authority of the city, in a manner consistent with federal and state law;

Otherwise protects the public interests in the development and use of the city infrastructure;

Protects the public's investment in improvements in the rights-of-way; and

Ensures that no barriers to entry of telecommunications providers are created and that such franchising is accomplished in a manner that does not prohibit or have the effect of prohibiting telecommunication services, within the meaning of the Telecommunications Act of 1996 (P.L. No. 104-104).

Power to Manage Rights-of-Way: The city adopts this telecommunications chapter pursuant to its power to manage the rights-of-way, pursuant to common law, the Utah Constitution and statutory authority, and receive fair and reasonable compensation for the use of rights-of-way by providers as expressly set forth by section 253 of the Act.

(1985 Code § 11-9-1.1)

7-5-2: - DEFINITIONS:#

For purposes of this chapter, the following terms, phrases, words and their derivatives shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended. Words used in the present tense include the future tense, words in the single number include the plural number, words in the plural number include the singular. The words "shall" and "will" are mandatory, and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

APPLICATION: The process by which a provider submits a request and indicates a desire to be granted a franchise to utilize the rights-of-way of all, or a part, of the city. An application includes all written documentation, verbal statements and representations, in whatever form or forum, made by a provider to the city concerning: the construction of a telecommunications system over, under, on or through the rights-of-way; the telecommunications services proposed to be provided in the city by a provider; and any other matter pertaining to a proposed system or service.

CITY: Riverdale City, Utah.

COMPLETION DATE: The date that a provider begins providing services to customers in the city.

CONSTRUCTION COSTS: All costs of constructing a system, including make-ready costs, other than engineering fees, attorney or accountant fees, or other consulting fees.

CONTROL OR CONTROLLING INTEREST: Actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments or negative control, as the case may be, of the system or of a provider. A rebuttable presumption of the existence of control or a controlling interest shall arise from the beneficial ownership, directly or indirectly, by any person or group of persons acting in concert, of more than twenty-five percent (25%) of any provider (which person or group of persons is hereinafter referred to as "controlling person"). "Control" or "controlling interest", as used herein, may be held simultaneously by more than one person or group of persons.

FCC: The Federal Communications Commission or any successor thereto.

FRANCHISE: The rights and obligations extended by the city to a provider to own, lease, construct, maintain, use or operate a system in the rights-of-way within the boundaries of the city. Any such authorization, in whatever form granted, shall not mean or include: A.

Any other permit or authorization required for the privilege of transacting and carrying on a business within the city required by the ordinances and laws of the city;

Any other permit, agreement or authorization required in connection with operations on rights-of-way or public property, including, without limitation, permits and agreements for placing devices on or in poles, conduits or other structures, whether owned by the city or a private entity, or for excavating or performing other work in or along the rights-of-way.

FRANCHISE AGREEMENT: A contract entered into in accordance with the provisions of this chapter between the city and a franchisee that sets forth, subject to this chapter, the terms and conditions under which a franchise will be exercised.

GROSS REVENUE: Includes all revenues of a provider that may be included as gross revenue within the meaning of Utah Code Annotated title 11, chapter 26, as amended.

INFRASTRUCTURE PROVIDER: A person providing to another, for the purpose of providing telecommunication services to customers, all or part of the necessary system which uses the rights-of-way.

OPEN VIDEO SERVICE: Any video programming services provided to any person through the use of rights-of-way by a provider that is certified by the FCC to operate an open video system pursuant to section 651 et seq., of the Telecommunications Act (to be codified at 47 USC title VI, part V), regardless of the system used.

OPEN VIDEO SYSTEM: The system of cables, wires, lines, towers, wave guides, optic fiber, microwave, laser beams and any associated converters, equipment, or facilities designed and constructed for the purpose of producing, receiving, amplifying or distributing open video services to or from subscribers or locations within the city.

OPERATOR: Any person who provides service over a telecommunications system and directly or through one or more persons owns a controlling interest in such system, or who otherwise controls or is responsible for the operation of such a system.

ORDINANCE OR TELECOMMUNICATIONS ORDINANCE: This telecommunications chapter concerning the granting of franchises in and by the city for the construction, ownership, operation, use or maintenance of a telecommunications system.

PSC: The Public Service Commission or any successor thereto.

PERSON: Includes any individual, corporation, partnership, association, joint stock company, trust or any other legal entity, but not the city.

PERSONAL WIRELESS SERVICES FACILITIES: Has the same meaning as provided in section 704 of the Act (47 USC 332(c)(7)(c)), which includes what is commonly known as cellular and PSC services that do not install any system or portion of a system in the rights-of-way.

PROVIDER: An operator, infrastructure provider, reseller or system lessee.

RESELLER: Refers to any person that provides local exchange service over a system for which a separate charge is made, where that person does not own or lease the underlying system used for the transmission.

RIGHTS-OF-WAY: The surface of and the space above and below any public street, sidewalk, alley or other public way of any type whatsoever, now or hereafter existing as such within the city.

SIGNAL: Any transmission or reception of electronic, electrical, light or laser or radio frequency energy or optical information, in either analog or digital format.

SYSTEM LESSEE: Refers to any person that leases a system or a specific portion of a system to provide services.

TELECOMMUNICATIONS: The transmission, between or among points specified by the user, of information of the user's choosing (e.g., data, video and voice), without change in the form or content of the information sent and received.

TELECOMMUNICATIONS SERVICE OR SERVICES: Any telecommunications services provided by a provider within the city that the provider is authorized to provide under federal, state and local law, and any equipment and/or facilities required for and integrated with the services provided within the city, except that these terms do not include "cable service", as defined in the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 (47 USC 521 et seq.) and the Telecommunications Act of 1996. Telecommunications service or services also includes an open video service.

TELECOMMUNICATIONS SYSTEM OR SYSTEM: All conduits, manholes, poles, antennas, transceivers, amplifiers and all other electronic devices, equipment, wire and appurtenances owned, leased or used by a provider, located in the rights-of-way and utilized in the provision of services, including fully digital or analog, voice, data and video imaging and other enhanced telecommunications services. Telecommunications system or systems also includes an open video system.

WIRE: Fiber optic telecommunications cable, wire, coaxial cable or other transmission medium that may be used in lieu thereof for similar purposes.

(1985 Code § 11-9-2; amd. 2001 Code)

7-5-3: - ADMINISTRATION; GENERAL PROVISIONS:#

Conflicts: In the event of a conflict between any provision of this chapter and a franchise entered pursuant to it, the provisions of this chapter in effect at the time the franchise is entered into shall control.

New Developments: It shall be the policy of the city to liberally amend this chapter, upon application of a provider, when necessary to enable the provider to take advantage of any developments in the field of telecommunications which will afford the provider an opportunity to more effectively, efficiently or economically serve itself or the public.

Notices: All notices from a provider to the city required under this chapter or pursuant to a franchise granted pursuant to this chapter shall be directed to the officer as designated by the mayor. A provider shall provide in any application for a franchise the identity, address and phone number of the person designated to receive notices from the city. A provider shall immediately notify the city of any change in its name, address or telephone number.

Exercise of Police Power: To the full extent permitted by applicable law either now or in the future, the city reserves the right to adopt or issue such rules, regulations, orders or other directives that it finds necessary or appropriate in the lawful exercise of its police powers.

Construction:

Federal and State Statutes: This chapter shall be construed in a manner consistent with all applicable federal and state statutes.

Applicability: This chapter shall apply to all franchises granted or renewed after the effective date hereof. This chapter shall further apply, to the extent permitted by applicable federal or state law, to all existing franchises granted prior to the effective date hereof and to a provider providing services, without a franchise, prior to the effective date hereof.

Other Applicable Ordinances: A provider's rights are subject to the police powers of the city to adopt and enforce ordinances necessary to the health, safety and welfare of the public. A provider shall comply with all applicable general laws and ordinances enacted by the city pursuant to its police powers. In particular, all providers shall comply with the city zoning and other land use requirements.

City Failure to Enforce: A provider shall not be relieved of its obligation to comply with any of the provisions of this chapter or any franchise granted pursuant to this chapter by reason of any failure of the city to enforce prompt compliance.

Construed According to Utah Law: This chapter and any franchise granted pursuant to this chapter shall be construed and enforced in accordance with the substantive laws of the state.

(1985 Code §§ 11-9-11.1, 11-9-11.3—11-9-11.5, 11-9-12.1—11-9.12.5; amd. 2001 Code)

7-5-4: - APPLICABILITY; EXCEPTIONS:#

Providers: This chapter shall provide the basic local scheme for providers of telecommunications services and systems that require the use of the rights-of-way, including providers of both the system and service, those providers of the system only and those providers who do not build the system but who only provide services. This chapter shall apply to all future providers and to all providers in the city prior to the effective date hereof, whether operating with or without a franchise as set forth in subsection 7-5-3E2 of this chapter.

Excluded Activities:

Cable Television Operators: This chapter shall not apply to cable television operators otherwise regulated by title 11 of this code (the cable television ordinance).

Wireless Service Facilities: This chapter shall not apply to personal wireless service facilities.

Excluded Providers; Provisions Applicable: Providers excused by other law that prohibits the city from requiring a franchise shall not be required to obtain a franchise, but all of the requirements imposed by this chapter through the exercise of the city's police power and not preempted by other law shall be applicable.

(Ord. 843, 8-20-2013)

7-5-5: - FRANCHISE REQUIRED:#

Nonexclusive Franchise; Authority: The city is empowered and authorized to issue nonexclusive franchises governing the installation, construction and maintenance of systems in the city's rights-of-way, in accordance with the provisions of this chapter. The franchise is granted through a franchise agreement entered into between the city and provider.

Provider Required to Obtain: Except to the extent preempted by federal or state law, as ultimately interpreted by a court of competent jurisdiction, including any appeals, every provider must obtain a franchise prior to constructing a telecommunications system or providing telecommunications services using the rights-of-way, and every provider must obtain a franchise before constructing an open video system or providing open video services via an open video system. Any open video system or service shall be subject to the customer service and consumer protection provisions applicable to the cable TV companies to the extent the city is not preempted or permitted as ultimately interpreted by a court of competent jurisdiction, including any appeals. The fact that particular telecommunications systems may be used for multiple purposes does not obviate the need to obtain a franchise for other purposes. By way of illustration and not limitation, a cable operator of a cable system must obtain a cable franchise, and, should it intend to provide telecommunications services over the same system, must also obtain a telecommunications franchise.

Nature of Grant: A franchise shall not convey title, equitable or legal, in the rights-of-way. A franchise is only the right to occupy rights-of-way on a nonexclusive basis for the limited purposes and for the limited period stated in the franchise; the right may not be subdivided, assigned or subleased. A franchise does not excuse a provider from obtaining appropriate access or pole attachment agreements before collocating its system on the property of others, including the city's property. This subsection shall not be construed to prohibit a provider from leasing conduit to another provider, so long as the lessee has obtained a franchise.

Current Providers; Time Limit to Request: Except to the extent exempted by federal or state law, any provider acting without a franchise on the effective date hereof shall request issuance of a franchise from the city within ninety (90) days of the effective date hereof. If such request is made, the provider may continue providing service during the course of negotiations. If a timely request is not made, or if negotiations cease and a franchise is not granted, the provider shall comply with the provisions of subsection 7-5-12D of this chapter.

Nature of Franchise: The franchise granted by the city under the provisions of this chapter shall be a nonexclusive franchise providing the right and consent to install, repair, maintain, remove and replace its system on, over and under the rights-of-way in order to provide services.

Regulatory Approval Needed: Before offering or providing any services pursuant to the franchise, a provider shall obtain any and all regulatory approvals, permits, authorizations or licenses for the offering or provision of such services from the appropriate federal, state and local authorities, if required, and shall submit to the city, upon the written request of the city, evidence of all such approvals, permits, authorizations or licenses.

Term: No franchise issued pursuant to this chapter shall have a term of less than five (5) years or greater than fifteen (15) years. Each franchise shall be granted in a nondiscriminatory manner.

(1985 Code §§ 11-9-3.1—11-9-3.7)

7-5-6: - APPLICATION FOR FRANCHISE:#

Required; Form: To obtain a franchise to construct, own, maintain or provide services through any system within the city, to obtain a renewal of a franchise granted pursuant to this chapter or to obtain the city approval of a transfer of a franchise, as provided in subsection 7-5-11A2 of this chapter, granted pursuant to this chapter, an application must be filed with city on the form attached to the ordinance codified herein as Exhibit A, which is hereby incorporated by reference and on file in the city office. The application form may be changed by the mayor so long as such changes request information that is consistent with this chapter. Such application form, as amended, is incorporated by reference.

Criteria: In making a determination as to an application filed pursuant to this chapter, the city may, but shall not be limited to, request the following from the provider:

A copy of the order from the PSC granting a certificate of convenience and necessity.

Certification of the provider's financial ability to compensate the city for provider's intrusion, maintenance and use of the rights-of-way during the franchise term proposed by the provider.

Provider's agreement to comply with the requirements of section7-5-9 of this chapter.

Determination by City: The city, in its discretion, shall determine the award of any franchise on the basis of these and other considerations relevant to the use of the rights-of-way, without competitive bidding.

(1985 Code §§ 11-9-5.1—11-9-5.3)

7-5-7: - COMPENSATION, FEES AND PAYMENTS:#

Compensation; Provider Obligations: As fair and reasonable compensation for any franchise granted pursuant to this chapter, a provider shall have the following obligations:

Application Fee: In order to offset the cost to the city to review an application for a franchise and in addition to all other fees, permits or charges, a provider shall pay to the city, at the time of application, five hundred dollars ($500.00) as a nonrefundable application fee.

Franchise Fee: The franchise fee, if any, shall be set forth in the franchise agreement. The obligation to pay a franchise fee shall commence on the completion date. The franchise fee is offset by any business license fee or business license tax enacted by the city.

Excavation Permits: The provider shall also pay fees required for an excavation permit as provided in article 4A of this title.

Due Monthly: Unless otherwise agreed to in the franchise agreement, all franchise fees shall be paid on a monthly basis within forty-five (45) days of the close of each calendar month.

Statement of Calculation; Certification: Unless a franchise agreement provides otherwise, each fee payment shall be accompanied by a statement showing the manner in which the fee was calculated and shall be certified as to its accuracy.

Future Costs: A provider shall pay to the city or to third parties, at the direction of the city, an amount equal to the reasonable costs and reasonable expenses that the city incurs for the services of third parties (including, but not limited to, attorneys and other consultants) in connection with any renewal or provider-initiated renegotiation, or amendment of this chapter or a franchise; provided, however, that the parties shall agree upon a reasonable financial cap at the outset of negotiations. In the event the parties are unable to agree, either party may submit the issue to binding arbitration in accordance with the rules and procedures of the American Arbitration Association. Any costs associated with any work to be done by the city to provide space on city-owned poles, if any, shall be borne by the provider.

Taxes, Assessments: To the extent taxes or other assessments are imposed by taxing authorities, other than the city, on the use of the city property as a result of a provider's use or occupation of the rights-of-way, the provider shall be responsible for payment of its pro rata share of such taxes, payable annually unless otherwise required by the taxing authority. Such payments shall be in addition to any other fees payable pursuant to this chapter.

Interest on Late Payments: In the event that any payment is not actually received by the city on or before the applicable date fixed in the franchise, interest thereon shall accrue from such date until received at the rate charged for delinquent state taxes.

Acceptance of Fee; Not Construed Satisfaction: No acceptance by the city of any fee shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such fee payment be construed as a release of any claim the city may have for additional sums payable.

Additional Taxes or Fees Still Applicable: The fee payment is not a payment in lieu of any tax, fee or other assessment, except as specifically provided in this chapter or as required by applicable law. By way of example, and not limitation, excavation permit fees and fees to obtain space on the city-owned poles are not waived and remain applicable.

Operation After Term; Continuing Obligation and Holdover: In the event a provider continues to operate all or any part of the system after the term of the franchise, such operator shall continue to comply with all applicable provisions of this chapter and the franchise, including, without limitation, all compensation and other payment provisions throughout the period of such continued operation; provided, that any such continued operation shall in no way be construed as a renewal or other extension of the franchise, nor as a limitation on the remedies, if any, available to the city as a result of such continued operation after the term, including, but not limited to, damages and restitution.

Publication Costs: A provider shall assume any publication costs associated with its franchise that may be required by law.

(1985 Code §§ 11-9-4.1—11-9-4.10; amd. 2001 Code)

7-5-8: - INSURANCE, RECORD REQUIREMENTS:#

Insurance Required: Prior to the execution of a franchise, a provider will deposit with the city an irrevocable, unconditional letter of credit or surety bond as required by the terms of the franchise, and shall obtain and provide proof of the insurance coverage required by the franchise. A provider shall also indemnify the city as set forth in the franchise.

Oversight: The city shall have the right to oversee, regulate and inspect periodically the construction, maintenance and upgrade of the system, and any part thereof, in accordance with the provisions of the franchise and applicable law. A provider shall establish and maintain managerial and operational records, standards, procedures and controls to enable a provider to prove, in reasonable detail, to the satisfaction of the city at all times throughout the term, that a provider is in compliance with the franchise. A provider shall retain such records for not less than the applicable statute of limitations.

Records Maintenance: A provider shall at all times maintain:

On file with the city, a full and complete set of plans, records and as-built hard copy maps and, to the extent the maps are placed in an electronic format, they shall be made in electronic format compatible with the city's existing GIS system, of all existing and proposed installations and the types of equipment and systems installed or constructed in the rights-of-way, properly identified and described as to the types of equipment and facility by appropriate symbols and marks, which shall include annotations of all rights-of-way where work will be undertaken. As used herein, as-built maps include file construction prints. Maps shall be drawn to scale. As-built maps, including the compatible electronic format, as provided above, shall be submitted within thirty (30) days of completion of work or within thirty (30) days after completion of modification and repairs. As-built maps are not required of the provider who is the incumbent local exchange carrier for the existing system to the extent they do not exist.

Throughout the term of the franchise, a provider shall maintain complete and accurate books of account and records of the business, ownership and operations of a provider with respect to the system in a manner that allows the city at all times to determine whether a provider is in compliance with the franchise. Should the city reasonably determine that the records are not being maintained in such a manner, a provider shall alter the manner in which the books and/or records are maintained so that a provider comes into compliance with this section. All financial books and records which are maintained in accordance with the regulations of the FCC and any governmental entity that regulates utilities in the state and generally accepted accounting principles shall be deemed to be acceptable under this section.

Confidentiality: If the information required to be submitted is proprietary in nature or must be kept confidential by federal, state or local law, upon proper request by a provider, such information shall be classified as a protected record within the meaning of the Utah government records access and management act (GRAMA), making it available only to those who must have access to perform their duties on behalf of the city; provided, that a provider notifies the city, and clearly labels the information which a provider deems to be confidential, proprietary information. Such notification and labeling shall be the sole responsibility of the provider.

Provider's Expense: All reports and records required under this chapter shall be furnished at the sole expense of a provider, except as otherwise provided in this chapter or a franchise.

Right of Inspection: For the purpose of verifying the correct amount of the franchise fee, the books and records of the provider pertaining thereto shall be open to inspection or audit by duly authorized representatives of the city at all reasonable times, upon giving reasonable notice of the intention to inspect or audit the books and records; provided, that the city shall not audit the books and records of the provider more often than annually. The provider agrees to reimburse the city the reasonable costs of an audit if the audit discloses that the provider has paid ninety five percent (95%) or less of the compensation due the city for the period of such audit. In the event the accounting rendered to the city by the provider herein is found to be incorrect, then payment shall be made on the corrected amount within thirty (30) calendar days of written notice, it being agreed that the city may accept any amount offered by the provider, but the acceptance thereof by the city shall not be deemed a settlement of such item if the amount is in dispute or is later found to be incorrect.

(1985 Code §§ 11-9-8.1—11-9-8.6)

7-5-9: - CONSTRUCTION, TECHNICAL REQUIREMENTS:#

Compliance Required; Excavation Permit: No provider shall receive a franchise unless it agrees to comply with each of the terms set forth in this section governing construction and technical requirements for its system, in addition to any other reasonable requirements or procedures specified by the city or the franchise, including requirements regarding locating and sharing in the cost of locating portions of the system with other systems or with city utilities. A provider shall obtain an excavation permit, pursuant to chapter 4, article A of this title, before commencing any work in the rights-of-way.

Quality and Performance of Work: All work involved in the construction, maintenance, repair, upgrade and removal of the system shall be performed in a safe, thorough and reliable manner, using materials of good and durable quality. If, at any time, it is determined by the FCC or any other agency granted authority by federal law or the FCC to make such determination, that any part of the system, including, without limitation, any means used to distribute signals over or within the system, is harmful to the public health, safety or welfare, or quality of service or reliability, then a provider shall, at its own cost and expense, promptly correct all such conditions.

Licenses and Permits: A provider shall have the sole responsibility for diligently obtaining, at its own cost and expense, all permits, licenses or other forms of approval or authorization necessary to construct, maintain, upgrade or repair the system, including, but not limited to, any necessary approvals from persons and/or the city to use private property, easements, poles and conduits. A provider shall obtain any required permit, license, approval or authorization, including, but not limited to, excavation permits, pole attachment agreements, etc., prior to the commencement of the activity for which the permit, license, approval or authorization is required.

Relocation of System:

New Grades or Lines; Excavation Requirements: If the grades or lines of any rights-of-way are changed at any time in a manner affecting the system, then a provider shall comply with the requirements of chapter 4, article A of this title.

Emergency; City Authority to Move System: The city may, at any time, in case of fire, disaster or other emergency, as determined by the city in its reasonable discretion, cut or move any parts of the system and appurtenances on, over or under the rights-of-way of the city, in which event the city shall not be liable therefor to a provider. The city shall notify a provider in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this section. Notice shall be given as provided in subsection 7-5-3C of this chapter.

Temporary Move for Third Party: A provider shall, upon prior reasonable written notice by the city or any person holding a permit to move any structure, and within the time that is reasonable under the circumstances, temporarily move any part of its system to permit the moving of said structure. A provider may impose a reasonable charge on any person other than the city for any such movement of its systems.

Change in Rights-of-Way; Obligation to Move System: When the city is changing a rights-of-way and makes a written request, a provider is required to move or remove its system from the rights-of-way, without cost to the city, to the extent provided in the excavation ordinance, as provided in chapter 4, article A of this title. This obligation does not apply to systems originally located on private property pursuant to a private easement, which property was later incorporated into the rights-of-way, if that private easement grants a superior vested right. This obligation exists whether or not the provider has obtained an excavation permit.

Protection of Structures, Landmarks: In connection with the construction, maintenance, repair, upgrade or removal of the system, a provider shall, at its own cost and expense, protect any and all existing structures belonging to the city and all designated landmarks, as well as all other structures within any designated landmark district. A provider shall obtain the prior written consent of the city to alter any water main, power facility, sewerage or drainage system, or any other city structure on, over or under the rights-of-way of the city required because of the presence of the system. Any such alteration shall be made by the city or its designee on a reimbursable basis. A provider agrees that it shall be liable for the costs incurred by the city to replace or repair and restore to its prior condition, in a manner as may be reasonably specified by the city, any municipal structure or any other rights-of-way of the city involved in the construction, maintenance, repair, upgrade or removal of the system that may become disturbed or damaged as a result of any work thereon by or on behalf of a provider pursuant to the franchise.

Obstructions Prohibited: In connection with the construction, maintenance, upgrade, repair or removal of the system, a provider shall not unreasonably obstruct the rights-of-way of fixed guideway systems, railways, passenger travel or other traffic to, from or within the city without the prior consent of the appropriate authorities.

Safety Precautions: A provider shall, at its own cost and expense, undertake all necessary and appropriate efforts to prevent accidents at its work sites, including the placing and maintenance of proper guards, fences, barricades, security personnel and suitable and sufficient lighting, and such other requirements prescribed by OSHA and Utah OSHA. A provider shall comply with all applicable federal, state and local requirements, including, but not limited to, the national electrical safety code.

Repair of Rights-of-Way: After written reasonable notice to the provider, unless, in the sole determination of the city, an imminent danger exists, any rights-of-way within the city which are disturbed or damaged during the construction, maintenance or reconstruction by a provider of its system may be repaired by the city at the provider's expense, to a condition as good as that prevailing before such work was commenced. Upon doing so, the city shall submit to such a provider an itemized statement of the cost for repairing and restoring the rights-of-way intruded upon. The provider shall, within thirty (30) days after receipt of the statement, pay to the city the entire amount thereof.

Maintenance of System: A provider shall:

Install and maintain all parts of its system in a nondangerous condition throughout the entire period of its franchise.

Install and maintain its system in accordance with standard prudent engineering practices and shall conform, when applicable, with the national electrical safety code and all other applicable federal, state and local laws or regulations.

At all reasonable times, permit examination by any duly authorized representative of the city of the system and its effect on the rights-of-way.

Trimming Trees; Authority: A provider shall have the authority to trim trees, in accordance with all applicable utility restrictions, ordinance and easement restrictions, upon and hanging over rights-of-way so as to prevent the branches of such trees from coming in contact with its system.

(Ord. 843, 8-20-2013)

7-5-10: - PRIVATE PROPERTY; OBLIGATION TO NOTIFY:#

Before entering onto any private property, a provider shall make a good faith attempt to contact the property owners in advance and describe the work to be performed.

(1985 Code § 11-9-10.1)

7-5-11: - TRANSFER OF FRANCHISE AND LICENSE:#

Notification of Sale:

PSC Approval: When a provider is the subject of a sale, transfer, lease, assignment, sublease or disposal, in whole or in part, either by force or involuntary sale, or by ordinary sale, consolidation or otherwise, such that it or its successor entity is obligated to inform or seek the approval of the PSC, the provider or its successor entity shall promptly notify the city of the nature of the transaction. The notification shall include either:

The successor entity's certification that the successor entity unequivocally agrees to all of the terms of the original provider's franchise agreement; or

The successor entity's application, in compliance with section7-5-6 of this chapter.

Transfer of Franchise: Upon receipt of a notification and certification in accordance with subsection A1a of this section, the city designee, as provided in subsection 7-5-12A1 of this chapter, shall send notice affirming the transfer of the franchise to the successor entity. If the city has good cause to believe that the successor entity may not comply with this chapter or the franchise agreement, it may require an application for the transfer. The application shall comply with section 7-5-6 of this chapter.

PSC Approval No Longer Required: If the PSC no longer exists or if its regulations or state law no longer require approval of transactions described in subsection A1 of this section, and the city has good cause to believe that the successor entity may not comply with this chapter or the franchise agreement, it may require an application. The application shall comply with section 7-5-6 of this chapter.

Events of Sale: The following events shall be deemed to be a sale, assignment or other transfer of the franchise requiring compliance with subsection A of this section:

The sale, assignment or other transfer of all or a majority of a provider's assets to another person;

The sale, assignment or other transfer of capital stock or partnership, membership or other equity interests in a provider by one or more of its existing shareholders, partners, members or other equity owners so as to create a new controlling interest in a provider;

The issuance of additional capital stock or partnership, membership or other equity interest by a provider so as to create a new controlling interest in such a provider; or

The entry by a provider into an agreement with respect to the management or operation of such provider or its system.

(1985 Code §§ 11-9-7.1, 11-9-7.2)

7-5-12: - ENFORCEMENT; RIGHTS OF CITY:#

Enforcement; Remedies:

City Designee: The city is responsible for enforcing and administering this chapter, and the city or its designee, as appointed by the mayor, is authorized to give any notice required by law or under any franchise agreement.

Enforcement Provisions: Any franchise granted pursuant to this chapter shall contain appropriate provisions for enforcement, compensation and protection of the public, consistent with the other provisions of this chapter, including, but not limited to, defining events of default, procedures for accessing the bond/security fund and rights of termination or revocation.

Force Majeure: In the event a provider's performance of any of the terms, conditions or obligations required by this chapter or a franchise is prevented by a cause or event not within a provider's control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof. For the purpose of this subsection, causes or events not within the control of a provider shall include, without limitation, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions, acts of public enemies and natural disasters such as floods, earthquakes, landslides and fires.

Extended Operation; Continuity of Services:

Continuation After Expiration: Upon either expiration or revocation of a franchise granted pursuant to this chapter, the city shall have discretion to permit a provider to continue to operate its system or provide services for an extended period of time not to exceed six (6) months from the date of such expiration or revocation. A provider shall continue to operate its system under the terms and conditions of this chapter and the franchise granted pursuant to this chapter.

Incumbent Local Exchange Carrier; Negotiate Renewal: If the provider is the incumbent local exchange carrier, it shall be permitted to continue to operate its system and provide services without regard to revocation or expiration, but shall be obligated to negotiate a renewal in good faith.

Removal or Abandonment of Franchise Property:

Abandoned System: In the event that: a) the use of any portion of the system is discontinued for a continuous period of twelve (12) months and thirty (30) days after no response to written notice from the city to the last known address of provider; b) any system has been installed in the rights-of-way without complying with the requirements of this chapter or franchise; or c) the provisions of subsection 7-5-5E of this chapter are applicable and no franchise is granted, a provider, except the provider who is an incumbent local exchange carrier, shall be deemed to have abandoned such system.

Removal of Abandoned System: The city, upon such terms as it may impose, may give a provider written permission to abandon, without removing, any system, or portion thereof, directly constructed, operated or maintained under a franchise. Unless such permission is granted or unless otherwise provided in this chapter, a provider shall remove within a reasonable time the abandoned system and shall restore, using prudent construction standards, any affected rights-of-way to their former state at the time such system was installed, so as not to impair their usefulness. In removing its plant, structures and equipment, a provider shall refill, at its own expense, any excavation necessarily made by it and shall leave all rights-of-way in as good condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other utility wires, poles or attachments. The city shall have the right to inspect and approve the condition of the rights-of-way, cables, wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this chapter and any security fund provided in a franchise shall continue in full force and effect during the period of removal and until full compliance by a provider with the terms and conditions of this section.

Transfer of Abandoned System to City: Upon abandonment of any system in place, a provider, if required by the city, shall submit to the city a written instrument, satisfactory in form to the city, transferring to the city the ownership of the abandoned system.

Removal of Aboveground System: At the expiration of the term for which a franchise is granted, or upon its revocation or earlier expiration, as provided for by this chapter, in any such case without renewal, extension or transfer, the city shall have the right to require a provider to remove, at its expense, all aboveground portions of a system from the rights-of-way within a reasonable period of time, which shall not be less than one hundred eighty (180) days. If the provider is the incumbent local exchange carrier, it shall not be required to remove its system, but shall negotiate a renewal in good faith.

Leaving Underground System: Notwithstanding anything to the contrary set forth in this chapter, a provider may abandon any underground system in place so long as it does not materially interfere with the use of the rights-of-way or with the use thereof by any public utility, cable operator or other person.

(1985 Code §§ 11-9-9.1—11-9-9.4)

7-5-13: - SEVERABILITY:#

If any provision of this chapter is held by any federal, state or local court of competent jurisdiction to be invalid as conflicting with any federal or state statute, or is ordered by a court to be modified in any way in order to conform to the requirements of any such law and all appellate remedies with regard to the validity of the ordinance provisions in question are exhausted, such provision shall be considered a separate, distinct and independent part of this chapter, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such law is subsequently repealed, rescinded, amended or otherwise changed, so that the provision which had been held invalid or modified is no longer in conflict with such law, the provision in question shall return to full force and effect and shall again be binding on the city and the provider; provided, that the city shall give the provider thirty (30) days, or a longer period of time as may be reasonably required for a provider to comply with such a rejuvenated provision, written notice of the change before requiring compliance with such provision.

(1985 Code § 11-9-11.2)

CHAPTER 6 - FACILITY USE PERMIT POLICIES#

7-6-1: - GENERAL:#

The following guidelines have been issued by the city council to govern the usage of park fields and facilities within the city limits, which are owned and/or in the care of city and the users thereof.

(Ord. No. 986, § 2(Att.), 11-6-2024)

7-6-2: - GENERAL POLICY:#

All city sponsored activities, programs, games, practices, leagues, and tournaments. Reservations for city functions may be made at any time for any date. City functions may pre-empt lower priority reservations at the discretion of the Community services director. There will be no rental fees charged for city reservations.

All city co-sponsored activities, programs, games, practices, leagues, and tournaments. A definition of co-sponsorship is when a department head or staff is committed to two (2) or more of the following management functions for the activity: Planning and budgeting for the activity. Coordinating and organizing activity in terms of who will be responsible for each task. Providing leadership staff for such activities. Evaluating and measuring its impact on participants. Reservations for city co-sponsored activities may be made at any time for any date. There will be no rental fees charged for city reservations.

All other organized activities, team practice or play, and non-personal use requesting use of grass field, open space, or ball diamonds will be considered for a facility use permit. Fee and deposits are required.

(Ord. No. 986, § 2(Att.), 11-6-2024)

7-6-3: - DEFINITIONS:#

USE: The primary use of the municipal recreation areas and facilities is for the public recreational use for the residents and visitors of Riverdale City.

PRIORITY USE: Activities sponsored by Riverdale City and its departments have priority use of the recreational facilities.

PARK HOURS: The park is open daily from 6:00 AM to 10:00 PM. Visitors must vacate the park outside these hours unless a permit is obtained for special use.

RESPECT FOR OTHERS: All visitors must be respectful of other enjoying the park. This includes keeping noise to a reasonable level, particularly near playgrounds, picnic areas, splashpad, and walking paths.

FACILITIES AND EQUIPMENT: Use of park facilities (sport fields, playgrounds, pavilions, picnic shelters, restrooms, etc.) must be used in accordance with city rules. Facilities must be used as intended and left clean after use.

EVENT SET-UP AND DECORATIONS: Event organizers may decorate rented areas, but decorations must be approved in advance. The use of tape, nails, or other materials that may damage park structures is prohibited. All decorations must be removed after the event, and no confetti, glitter, or non-biodegradable materials may be used.

FACILITY USE PERMITS: Citizens of Riverdale City and other users of the parks and facilities are granted limited restricted use (excluding the splashpad, which is not permitted for use by private events) by a facility use permit, which is issued by the community services department. Facility use permits are required for all organized activities, team practices or play, and non-personal use on grass fields, open space, and ball diamonds.

CARE OF FACILITIES: Holders of facility use permits are required to leave the facilities and fields in the same condition in which they were found. It is unlawful for users to create any nuisance, offense, to scratch, cut, injure, deface any building, fence, structure, tree, shrubbery, sidewalk, destroy any fountain, property, facility, structure, or other improvement on Riverdale City property or property in its care. It is also unlawful to drive any vehicle over any garden, lawn, sidewalk, bench, wall, or any other portion of any public park. Holders of facility use permits will be held responsible and liable for all damage to the buildings and facilities thereto herein indicated and not indicated and shall be responsible to Riverdale City Corporation for reimbursement for damages incurred. Permit holders must also be aware that appropriate criminal actions may be brought against any person who abuses, damages and/or destroys Riverdale City property or otherwise violates the law.

USER BEHAVIOR: It is unlawful for any person to use threatening, abusive, insulting, or indecent language in the public parks and facilities of Riverdale City. Users will be required to obey all Riverdale City Park and Trail Rules, laws and ordinances of Riverdale City, the state, and the nation.

ALCOHOL, SMOKING, & DRUG CONSUMPTION: No alcoholic beverage, no smoking, electronic cigarettes, vaping, and no illegal drug or substance shall be sold, used or consumed on any Riverdale City property, facility, park, field, parking lot, grounds, or building.

FIELD PREPARATION: No lines will be painted on the grass, no stakes, or ground anchors are allowed. It is mandatory that field preparation on softball fields be completed by Riverdale City staff. Users are not allowed to bring in goals larger than eight feet (8') in width. All equipment must be removed the same day. Exceptions to this requirement must be approved by the community services director or other designated city official.

FIELD USAGE: Any use of Riverdale City green fields, open space, and ball diamonds for organized activities, team practice or play, and non-personal use must be approved and scheduled in advance according to the terms outlined in this policy. Riverdale green fields, open space, or ball diamonds can be used for either practices or games. Practice fields will not be prepped. Games will take precedence over practices. After fields are scheduled at the beginning of each season, any requests for games or practices or make-up games will be scheduled on an as-available basis. Riverdale City reserves the right to limit the amount of play permitted in its park space, both scheduled and non-scheduled play, during any given season to prevent excessive damage to turf or facilities. Wear factors include:

Size, age, and number of users

Type of use

Frequency of use

Weather conditions

Type of sports equipment used

Wear and tear

FIELD MAINTENANCE/RENOVATION: To help maintain the quality of Riverdale City parks, field closures may be scheduled at certain allocated sites throughout the year to allow for field maintenance and renovation. The city does attempt to be flexible in accommodating user groups, however the health and safety of the user and/or the condition of the facility takes priority. This could affect any number of fields that are available during the allocation period and may require organizations to use alternative locations.

INCLEMENT WEATHER FIELD CLOSURES: Riverdale City reserves the right to close any park or open space for rental due to inclement weather. In case of inclement weather, the scheduled facilities are not to be used. Be aware that if organizations use the facility during inclement weather, you and your organization will be held responsible for all damages that may occur because of such use, including repair costs and lost revenue due to prolonged closure. It is the user group's responsibility to verify field closures on the day of use by calling city community services at 801-621-6084.

BICYCLES, SCOOTERS, & SKATEBOARDS: Bicycles, scooters, and skateboards are permitted in designated areas only. They are not allowed on playgrounds or inside pavilions and must always be operated safely.

MOTORIZED VEHICLES: Motorized vehicles are not allowed on walking paths, playground areas, or on the grass. Parking is allowed only in designated areas.

USE OF AMPLIFIED MUSIC OR SOUND: Personal music devices, speakers, or other amplified sound equipment may be used, but volume levels should not disturb other park visitors or violate allowed limits. Amplified sound for events or gatherings requires prior approval and a permit (see event permits),

CLOSING TIME: Facilities must be vacated no later than 10:00 p.m. Exceptions to this requirement must be approved through a special event permit application.

UNAUTHORIZED USE/VIOLATION OF POLICY: Any unauthorized use of fields or violation of the policy may be subject to a two hundred fifty dollars ($250.00) fine and the team(s) in violation and the league or association may be suspended from further field use. First time violations of this policy will result in a fine, while subsequent policy violations will result in a minimum of a one-year suspension, but the seriousness of the violation could result in either, or both fine and suspension.

PRIVATE CONCESSION SALES: Granting of a facility use permit does not allow the holder/user to sell souvenirs, food, or drink on the property of Riverdale City Corporation. The authority to operate all concessions thereon shall be the sole privilege of Riverdale City and/or its assigns.

USAGE FEES: Any group or individual issued a facility use permit will be subject to the fee schedule outlined below [in Table 7-6: Fee Schedule].

APPLICATIONS: Facility use permit applications for single or repeated use will be accepted annually from January 1 to February 1 for spring and summer seasons (March—July), and between May 1 and July 1 for fall season (August—October). At that time, all applications will be considered with priority given to applications from Riverdale residents. Riverdale City Corporation reserves the right to limit the number of requests per applicant. All applicants will be notified by the third Friday in February for spring schedules, and by the third Friday in July for fall schedules regarding the status of their request/application. Applications received after the application deadline will be evaluated based on field availability.

SECURITY DEPOSIT: A refundable security deposit of one hundred dollars ($100.00) for single use or two hundred fifty dollars ($250.00) for multiple-day tournaments and large-scale events is required at the time the permit is granted. This deposit is separate and above the usage cost of the facilities. Users are responsible for cleaning up the area during and after each use. If the facility is left clean and no damage occurs, the deposit shall be returned after the permit expires. Failure to pay the security deposit will invalidate the application and the facility use request.

LIABILITY INSURANCE: Liability insurance with a company authorized and licensed to conduct business within the State of Utah shall be obtained and Riverdale City Corporation shall be named as co-insured with liability limits of one thousand dollars ($1,000,000). Proof of this insurance coverage must be presented to Riverdale City before the permit is granted. Riverdale City Corporation recommends that grantees of facility use permits require their participants to have their own health and accident insurance coverage. Failure to submit the required proof of insurance will invalidate the application and the facility use request.

FEE PAYMENT: All fees are due in full before a permit is issued. Failure to pay the usage fees will invalidate the application and the facility use request. The usage fees shall be used to pay the charges and fees set forth herein. If Riverdale City denies a request for use and a facility use permit is not issued, all deposits and fees will be returned without penalty.

CANCELLATION: Fees will only be waived for games that are rained out by the city, or appropriately cancelled by the league official or umpire, unless damage is done. Facility use fees will not be refunded for any other purpose. As a result, users are encouraged to consider the dates and times of requested field use. Users who have been granted a field use permit will be charged for the requested dates/times whether the fields are used when cancellation is not related to weather related field conditions.

(Ord. No. 986, § 2(Att.), 11-6-2024)

7-6-4: - DETERMINING FIELD PLAYABILITY:#

Standing water occurs because the ground is saturated. Removing standing water does not eliminate saturation. It is the saturation and not standing water that causes damage and unsafe conditions.

Determining the playability of a grass field is crucial to the continued health of the turf and the sustainability of the field throughout the season. The department will close its grass fields if park staff determine that fields are too wet for play or if other issues arise that would compromise patron safety.

In case of inclement weather, the scheduled field/facilities are not to be used. Be aware that if organizations use the field/facility during inclement weather, you and your organization will be held responsible for all damages that may occur because of such use, including repair costs and lost revenue due to prolonged closure. It is the user group's responsibility to call the city community center rainout line at 801-621-6084 Monday through Friday after 4:00 p.m., and Saturdays after 8:00 a.m. to verify field closures.

Leagues and users have the responsibility to close fields for play when safety and/or field damage is possible.

A grass field should be considered closed if any of the following conditions exist:

There is standing water present on any part of the field that cannot be removed without causing damage to the field.

There are muddy conditions present that will not dry naturally by the start of the use.

While walking on the field, water can be seen or heard with any footstep.

While walking on the field, any impression of your footprint is left in the surface.

If water gathers around the sole of a shoe or boot on any portion of the field.

If it is raining or lightning is present or near.

Any unauthorized use of fields or violation of the policy may be subject to a one hundred dollars ($100.00) fine and the team in violation and the league or association may be suspended from further field use. First time violations of this policy will generally result in a fine, while subsequent policy violations will result in a minimum of a one-year suspension.

COMPLIANCE: Park visitors must comply with all posted signs, this policy or any other state or city law, rule, or regulation. Park staff, alone or in coordination with law enforcement, have the authority to enforce park rules and address violations. Visitors must comply with requests made by park staff or law enforcement, including the direction to cease an activity, vacate a particular area of the park or may ask visitors to leave.

VIOLATIONS OF PARK RULES: Those who engage in disruptive behavior, or who damage park property may be fined, penalized, or restricted on current or future use of park facilities. Issued permits for events or group use may also be revoked if organizers fail to comply with park rules and regulations or cause damage to city property at any time. Riverdale City reserves the right to close all facilities for any reason.

USAGE FEES—GAMES AND PRACTICES: Field use fee per field forty-five dollars ($45.00) per hour, scoreboard fee twenty dollars ($20.00) per hour, layout of fields one hundred twenty-five dollars ($125.00) one-time fee and fifty dollar ($50.00) restriping fee.

USAGE FEES—BASEBALL/SOFTBALL GAMES: Baseball/softball field use forty-five dollars ($45.00) per hour, scoreboard fee twenty dollars ($20.00) per hour, baseball/softball field prep one hundred dollar ($100.00) one-time prep.

(Ord. No. 986, § 2(Att.), 11-6-2024)

Table 7-6: Fee Schedule: A. Old Glory Days fees shall be as follows:

1 Booth rental for residents $35.00

2 Booth rental for nonresidents $70.00

3 Booth electrical hookup $10.00

4 Parade entry for residents $15.00

5 Parade entry for nonresidents $30.00

C. Fees for the community center shall be as follows:

1 Gym and exercise room—Open public use—Daily fee:

a. Individual:

Resident $2.50

Noncity Resident $3.75

b. Senior citizens (55 and older)—Resident $1.25

Senior citizens (55 and older)—Noncity Resident $2.50

c. Family:

Resident $6.25

Noncity Resident $12.50

d. Business (per employee) $2.50

e. City employees, appointed officials and immediate household No charge

2 Gym and exercise room—Open public use—Monthly fee:

a. Individual:

Resident $12.50

Noncity Resident $25.00

b. Senior citizens (55 and older)—Resident $6.25

b. Senior citizens (55 and older)—Noncity Resident $12.50

c. Family: includes 4

Resident—Additional members $5.00 $25.00

Noncity Resident—Additional members $10 $50.00

Additional Members

d. Business (per employee) $25.00

e. City employees, appointed officials and immediate household No charge

3 Gym and exercise room—Open public use—Annual fee:

Annual passes will be discounted for a 30-day sale annually

a. Individual:

Resident $125.00

Noncity Resident $250.00

b. Senior citizens (55 and older)—Resident $62.50

b. Senior citizens (55 and older)—Noncity Resident $125.00

c. Family: includes 4

Resident—Additional members $50.00 $250.00

Noncity Resident—Additional members $100.00 $500.00

d. Business (per employee) $250.00

e. City employees, appointed officials and immediate household No charge

4 Reservations/rental:

a. Security deposit for all uses (refundable) minimum, or as $125.00

b. Gymnasium—Hourly fee (2 hour minimum)

(1) City residents and employees $150.00

(2) Approved nonprofit and civic groups $150.00

(3) Noncity residents $450.00

(4) Business $450.00

c. Gym Practices hourly fee (half court) no deposit required

1. City residents and employees $37.50

2. Approved nonprofit and civic groups $37.50

3. Noncity Residents $62.50

4. Business $62.50

c. Exercise room- hourly fee—(1 hour minimum)

(1) City residents and employees $25.00

(2) Approved nonprofit and civic groups $25.00

(3) Noncity residents $75.00

(4) Business $75.00

d. Large meeting room—fee per hour (inclusive of setup and cleanup

(1) City residents and employees $31.25

(2) Approved nonprofit and civic groups $31.25

(3) Noncity residents $93.75

(4) Partner Program $20.00

e. Small meeting room—fee per hour (inclusive of setup and cleanup

(1) City residents and employees $25.00

(2) Approved nonprofit and civic groups $25.00

(3) Noncity residents $75.00

(4) Partner Program $15.00

f. Kitchen—Fee per hour (inclusive of setup and cleanup times):

(1) City residents and employees $25.00

(2) Approved nonprofit and civic groups $25.00

(3) Noncity residents $75.00

(4) Business $75.00

Riverdale parks and pavilions—Use fees:

D. 1 Small pavilion:

No fees or reservations, available first come, first serve basis

2 Medium pavilion:

a. City residents and employees $30.00

b. Noncity residents and businesses $120.00

3 Large pavilion:

a. City residents and employees $60.00

b. Noncity residents and businesses $180.00

4 Amphitheater

a. City residents and employees $30.00

b. Noncity residents and businesses $120.00

Fee per 5 hour block: 9:00 AM to 2:00 PM and 4:00 PM to 9:00 PM

In exchange for community service, the fee may be waived by administration for Riverdale area church and civic groups

The charge for governmental agencies shall be reviewed on a case by case basis

E. Field Use Permit: applications accepted first working day in January each year.

1 Field Use Fee—Hourly fee $45.00

2 Security deposit $100.00

3 Scoreboard Use Fee—Hourly fee $20.00

4 Field Layout Fee—Initial layout $125.00

5 Field Restriping Fee $50.00

6 Softball Field Prep Fee $100.00

G. Senior Center

1 Lunch $4.00

(Ord. No. 986, § 2(Att.), 11-6-2024)

CHAPTER 7 - PUBLIC PARKS AND TRAILS#

7-7-1: - DEFINITIONS:#

DEPARTMENT: The Riverdale City department of public works.

MOTOR VEHICLE: Every vehicle which is self-propelled, except vehicles moved solely by human power and motorized wheelchairs.

PARK: Any and all lands, buildings, reserves, sports complexes, trails and other special places, including the Riverdale Trail, that are owned, operated or maintained by Riverdale City, and are delineated generally in the Riverdale City parks map, and/or specifically in the inventory of park properties at the office of the city recorder.

PATHWAY: Any constructed trail which has been designated for the use of pedestrians, bicyclists, and other wheeled activities moved solely by human power.

PEDESTRIAN: Any person afoot and any person operating a wheelchair or motorized wheelchair.

TRAIL: Any improved pathway within the city of Riverdale available for use by the public on public or private property.

(Ord. 783, 3-15-2011)

7-7-2: - PROHIBITED ACTS RELATING TO PARK PROPERTY:#

Park limitations, access, encroachments, construction, use and easements: A.

Purpose and Objectives:

The department is responsible for the stewardship of all Riverdale City parks and trail properties, and thus any encroachments upon them. The department shall regulate all nonpark related construction activity on or across park property and provide conditions to assure preservation of the public's interest and proper restoration of the parks. Riverdale City projects shall be subject to internal policies and are specifically exempt from the provisions of this chapter.

Prohibitions: No person in any park or trail shall:

Use any park or trail property for access to adjoining or nearby property for any purpose, or to construct or install any facility or improvement upon, over or beneath park or city property except by license or easement issued or granted pursuant to the provisions of this code or by permission from the Riverdale City council.

Wilfully mark, deface, disfigure, injure, tamper with, displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances whatsoever, either real or personal property, or have in his possession any of the foregoing things or objects, or any part thereof.

Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of five (5) years shall use the restrooms and washrooms designated for the opposite sex.

Construct or erect any building, inflatable or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except by written permit issued pursuant to this chapter.

Climb upon or go inside security fences, maintenance service areas, or other permanent or temporary restricted areas.

Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant. Nor shall any person attach any rope, wire or other contrivance to any tree or plant located in any park except as may be authorized by the public works director by duly promulgated rule or regulation. A person shall not dig in or otherwise disturb grass areas, drive stakes of any kind into the ground or climb trees, or in any other way injure or impair the natural beauty or usefulness of any area, except that retrieval of personal property unintentionally lodged in a tree or other plant shall be permitted, provided that such removal is achieved safely and without damage to any tree or plant.

Hunt, molest, harm, frighten, kill, trap, chase, tease, annoy, shoot or throw missiles at any animal, reptile or bird located within or upon any city park or property unless otherwise permitted by duly authorized Riverdale personnel or as necessitated as part of a city work responsibility or authorized under this chapter or other ordinances; nor shall they remove or have in their possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird; nor shall they collect, remove, have in his possession, give away, sell or offer to sell, buy or offer to buy, or accept as a gift, any specimen alive or dead collected from any park areas. This section does not apply to fish lawfully taken from the Weber River.

Feeding of animals within park areas is prohibited unless otherwise permitted by duly authorized Riverdale personnel.

Horseback riding is illegal, except for police officers and their service animals in the official performance of their duties or with a special event written permit from the city, to ride a horse in park areas or upon city property. Where permitted, horses shall be thoroughly broken and properly restrained, and ridden with due care, and shall not be allowed to graze or go unattended.

10.

No horses or other animals, except dogs and cats, shall be allowed unless otherwise permitted by duly authorized Riverdale personnel.

(Ord. 843, 8-20-2013)

7-7-3: - TRAFFIC:#

Restrictions: No person in any park shall:

Fail to obey all police officers, city or park employees, and other such persons authorized and instructed to direct traffic whenever and wherever needed in the parks.

Fail to observe all traffic signs or markings indicating speed, direction, caution, stopping or parking, and all others posted for proper control of traffic and to safeguard life and property.

Ride or drive a vehicle at an excessive or dangerous rate of speed except upon such roads designated, by posted signs, for faster travel.

Drive any vehicle on any area except the paved official park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas. The paved trail is not a recognized road under this section. This section does not apply to city personnel in their authorized capacity as city employees.

Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions and with the instructions of any police officers or duly authorized representatives of the city who may be present.

Be allowed to use more than one marked parking space.

Leave a vehicle standing or parked after closing hours of the park, except by permit in designated areas.

Park a vehicle on grass or turf, except by permit or permission and only in designated areas.

Restricted Vehicles: No motor vehicles shall be permitted on any grass, sidewalk or pathway of any park or river trail system except:

Vehicles operated by law enforcement or department personnel;

Emergency vehicles operated for purposes of transporting humans in need of emergency services;

Vehicles authorized or permitted by the department.

(Ord. 783, 3-15-2011)

7-7-4: - RECREATIONAL ACTIVITIES:#

Boating, Swimming or Wading: No person in any park shall bathe in any water or waterways except in such water and at such places as are provided therefor and in compliance with such rules and regulations promulgated and posted by the city.

Hunting, Firearms and Projectiles:

Use Prohibited: No person in any park or river trail system shall:

Use firearms of any description including, but not limited to, air rifles, spring guns, bows and arrows, rockets, slings, paint guns, or any other forms of weapons potentially harmful to wildlife or dangerous to human safety.

Use any instrument that can be loaded with and fire blank cartridges, except as provided in subsection 7-7-2B7 of this chapter.

Use any kind of trapping device. Live traps may be used by animal control or other duly authorized representatives of the city.

Discharge, or have in his possession, any fireworks, except as provided in subsection 7-7-2B7 of this chapter.

Discharge or shoot firearms of any description as defined in subsection B1a of this section, into any park from beyond park boundaries.

Exceptions:

It shall be lawful for police officers or other duly authorized officers to use and carry firearms while on duty;

The provisions prohibiting the discharge of arrows shall not apply to a city sponsored archery class;

A special use event may be located and used in such portions of a park or trail system designated by the city, and subject to rules and regulations promulgated and posted by the city for that event.

Picnic and Park Areas and Use: No person in any park shall:

Fail or refuse to comply with directions given by police officers or duly authorized representatives of the city in regulating the activities in any area when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all.

Violate the regulation that use of the individual fireplaces, tables and benches follows generally the rules of "first come, first served" unless specifically reserved through the city offices.

Use any portion of the picnic areas or of any building or structure within the park system for the purpose of holding events to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded; provided, however, reservations in advance may be made for any park facility where diamonds, courts, halls, rooms, gyms, gardens, picnic shelters or fireplaces are provided. All persons requesting advance reservation shall pay a fee as provided by the city and shall observe all park rules and regulations. Failure to observe such rules and regulations shall, in addition to other applicable penalties, result in the immediate termination of the advance reservation.

Conduct, sponsor, promote or publicly advertise any meeting, concert, theater, athletic event or other public activity in park facilities or any activities which include amplified sound, use of equipment or apparatus, sales, closing parkways, fundraising, field marking paint, or interference with the normal and regular use or maintenance of the park without obtaining a special event permit.

Move reserved tables without consulting a duly authorized representative of the city.

Violate the duty to leave all halls, rooms, gyms and other building and park facilities reserved for use in a condition identical to that when those facilities were permitted to the reservation holder for use. All trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in disposal receptacles where provided. If no such trash receptacles are available or are full, then refuse and trash shall be carried away from the park area to be properly disposed of elsewhere.

Camping: No person in any park or trail system shall set up tents, shacks, or any other temporary shelter for the purpose of camping, except by special permission by the city administrator or public works director, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used, or that could be used, for such purpose such as a motor home, camp trailer, or the like.

Fires: No person in any park or trail system shall light, build, or maintain a fire in any public park, except for culinary purposes in park grills, fireplaces, or privately owned grills, and no person shall leave the immediate area without first extinguishing such fire.

Games: No person in any park or trail system shall take part in or abet the playing of any games involving thrown or otherwise propelled dangerous objects such as stones, arrows or javelins except in areas set apart for such forms of recreation. Golfing or driving golf balls is prohibited.

Tennis Courts:

No person in any park shall fail to observe and/or violate the rules of the use of such courts as promulgated by the city.

No person shall ride or operate a skateboard, roller skates, scooter, in-line skates, bicycle or other wheeled recreation equipment on the tennis courts.

Hot Air Balloons: No person in any park shall tether or launch a hot air balloon except by permit issued pursuant to rules and regulations promulgated by the city.

Metal Detectors: No person in any park or trail system shall cause any damage to city property while operating a metal detector.

Vehicles: No vehicle shall be permitted in or upon any park or trail system except: 1) those vehicles authorized by the city and operated and used for pleasure and designed to carry passengers, 2) those vehicles employed by the city, and 3) those vehicles making deliveries within a park.

Wheeled Devices:

No person in any park or trail system shall ride or operate a skateboard, roller skates, scooter, in-line skates, bicycle or other wheeled recreation equipment on any brickwork, ornamental surface, picnic table, bench, tennis court, fountain area, wading pool, planter, sculpture or other structure unless otherwise designated as an area where wheeled devices are permitted.

No person in any park or trail system shall ride or operate a skateboard, roller skates, scooter, in-line skates, bicycle, or other wheeled recreation equipment without regard to the safety of others.

(Ord. 843, 8-20-2013; Ord. 872, 11-17-2015)

7-7-5: - BEHAVIOR:#

Alcohol:

Persons may not possess beer, wine or any alcoholic beverage within a Riverdale City park, trail system or facility.

Within Riverdale City parks, trail system and facilities, it shall be unlawful to possess or consume any alcoholic beverage upon any street, parking lot, restroom, pathway, playground, community center, senior center, neighborhood center, skatepark, horseshoe range, BMX facility or youth sports complex, on the greenbelt or trail and entrances thereto under the jurisdiction or control of the city, including the area within two hundred fifty feet (250') of the bank of the Weber River and those areas closed to possession or consumption of alcoholic beverages by order of the city.

Smoking: Smoking, including electronic cigarettes, is prohibited within a Riverdale City park, trail system or facility.

Safety and Health: No person shall endanger the safety or health of any other person by any conduct or act. Examples include, but are not limited to, skydiving, hang gliding, helicopter landing, bungee jumping, operating trains or cart kite flying.

Rules and Regulations: No person shall violate any rules and regulations for the use of a park, trail system or any of its facilities or programs, promulgated by the city.

Sound: No person shall operate or aid in the operation of private radios, stereophonic or sound amplification devices at a greater operating level than eighty six (86) decibels measured at a distance of twenty-five feet (25') from such radios or devices or exceed a noise level of sixty two (62) decibels on any residential property except by permit in designated areas or as defined and enforced under the city's nuisance ordinance or permit policy.

Park Closure: No person shall enter or remain in the park or trail system during hours of closure, except as authorized by permit.

Glass Containers: No person shall use, carry, or be in the possession of any container made of glass.

Unlawful Conduct: No person shall engage in any unlawful conduct or criminal activity or in any way commit a violation or breach of the peace, as defined by Utah code and/or this code.

(Ord. 843, 8-20-2013)

7-7-6: - DOGS:#

No person owning or having the care, custody, possession, or control of a dog shall permit or allow such dog to enter or remain in any park or trail system except:

Where such dog is controlled by a leash:

Leash Length: Leash length shall not exceed eight feet (8') within two hundred fifty feet (250') of the greenbelt or trail.

Retractable Leash: Retractable leash mechanisms are allowed so long as their use is in compliance with the requirements of this section.

Riverdale Park: Leashed dogs shall be allowed on the asphalt trail only.

Where such dog is confined in a motor vehicle.

No person owning or having the care, custody, possession, or control of a dog shall:

Fail to have in his/her possession the equipment necessary to remove his/her dog's fecal matter when accompanied by said dog in any park or trail; or

Fail to remove the fecal matter deposited by his/her dog in any park or trail before the owner leaves the immediate area where the fecal matter was deposited.

Unless otherwise listed under another state or city code section, a violation of this section shall be an infraction, the penalty for which shall be forty-five dollars ($45.00) excluding court costs and fees. An infraction is a civil public offense, not constituting a crime, which is punishable only by a penalty not exceeding one hundred dollars ($100.00) and for which no period of incarceration may be imposed. There is no right to trial by jury of a citation or complaint for an infraction and such trials shall be held before the court without a jury.

(Ord. 843, 8-20-2013)

7-7-7: - MERCHANDISING AND SIGN REGULATIONS:#

No person in any park or trail system shall: A.

Expose or offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, except when operating as a licensed concessionaire acting by and under the authority and regulation of the city.

Paste, glue, tack or otherwise post any signs, plaques, advertisement or inscription whatever, except plaques, tablets or signs, of a size, design and location approved by the city, recognizing or acknowledging donations or contributions to any city park or to public facilities therein.

(Ord. 783, 3-15-2011)

7-7-8: - PARK AND TRAIL SYSTEM OPERATING POLICY:#

Hours of Operation: Parks and trail systems shall be open to the public every day of the year from five o'clock (5:00) A.M. to ten o'clock (10:00) P.M. Visitors and vehicles shall be excluded during the hours of closure except when authorized by permit, or where hours are otherwise posted. The mayor shall have the authority to change the hours of any park by proclamation and the publication of that proclamation in the official newspaper of Riverdale City.

Closed Areas: Any section or part of any park or trail system may be declared closed to the public by the city administrator, police, fire or public works director at any time and for any interval of time, either temporarily or at regularly and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the administrator or director shall find reasonably necessary.

Effect of a Permit: Permittees shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were explicitly stated in said permit. The person or persons to whom a permit is issued shall be liable for any loss, damage or injuries sustained by any person or property by reason of the negligence of the person or persons to whom such permit shall have been issued. The city administrator, or a duly authorized representative, shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause.

(Ord. 843, 8-20-2013)

7-7-9: - ENFORCEMENT:#

Officials: Except where otherwise provided herein, police officers, the city administrator, and other duly authorized representatives of the city shall enforce the provisions of this chapter. Animal control officers duly employed or appointed by Riverdale City's animal control also shall be allowed to enforce the provisions of any code or policy sections involving dogs or animals in city parks, trails or property.

Ejectment: A police officer, the city administrator, public works director or a duly authorized representative, shall have the authority to eject from the park any person acting in violation of this chapter. Any person ejected from the park shall leave promptly and peaceably and shall not return to the park for any reason on the same calendar day of his ejectment.

Seizure of Property: A police officer shall have the authority to seize and confiscate any property, thing or device in the park, or used in violation of this chapter.

Removal of Vehicles: Any vehicle parked in violation of this chapter is subject to removal.

(Ord. 783, 3-15-2011)

7-7-10: - APPLICATION:#

This chapter shall not apply to: A.

Police officers and their service animals during the official performance of their duties;

Handlers of search and rescue animals during the official performance of their duties;

Public works or other city employees during the official performance of their duties; or

Persons with disabilities utilizing assistance animals.

(Ord. 783, 3-15-2011)

7-7-11: - PENALTIES:#

A person violating any of the provisions of this chapter for which a fixed penalty has not been designated shall be deemed guilty of a class B misdemeanor and upon conviction thereof can be fined in an amount not exceeding one thousand dollars ($1,000.00) or be imprisoned for a period not exceeding six (6) months, or be both so fined and imprisoned. Nothing in this chapter shall be construed as to limit city employees or other authorized persons from performing their official or city authorized duties.

(Ord. 783, 3-15-2011)