Title 8 HEALTH AND SAFETY
8.04 Explosives8.08 Fireworks8.12 Fire Code Adopted8.16 Garbage Collection and Disposal8.20 Handbills and Litter8.24 Noise Control Regulations8.28 Nuisances Generally8.32 Nuisance Abatement Procedure8.36 Offensive Businesses8.40 Miscellaneous Health Regulations8.44 Drinking Water Source Protection Ordinance
Chapter 8.04 EXPLOSIVES
8.04.010 Unlawful handling of explosives. 8.04.020 Marking of containers of explosives before transportation or storage. 8.04.030 Powder houses. 8.04.040 Different dates on containers of explosive prohibited--Reuse of containers prohibited. 8.04.010 Unlawful handling of explosives.
Every person who makes or keeps nitroglycerin or other high explosive substances offive or more pounds of gunpowder within this municipality, or who carries it through thestreets hereof, without first obtaining a permit therefor from the recorder/clerk, shall beguilty of a Class B misdemeanor.
The recorder/clerk may impose as a condition of receiving and keeping a permit underthis section, that the person comply with reasonable safety standards as the chief ofpolice may require. 8.04.020 Marking of containers of explosives before transportation or storage.
Every person who knowingly leaves with or delivers to another, or to any express or
railway company or other common carrier, or to any warehouse or storehouse, any packagecontaining nitroglycerin, dynamite, guncotton, gunpowder, or other highly explosive compound,or any benzene, gasoline, phosphorus, or other highly inflammable substance, or any vitriol,sulphuric, nitric, carbolic, muriatic, or other dangerous acid, chemical or compound, to behandled, stored, shipped, or transported, without plainly marking and indicating on suchpackage the name and nature of the contents thereof, is guilty of a Class B misdemeanor. 8.04.030 Powder houses.
Every person who builds, constructs, or uses within three hundred (300) feet of any
residence or traveled county road any powder house, magazine, or building in which more than
five pounds of gunpowder, dynamite or other explosive is kept in quantities exceeding fivehundred (500) pounds is guilty of a Class B misdemeanor. 8.04.040 Different dates on containers of explosive prohibited--Reuse of containers prohibited.
It is a Class B misdemeanor for any person or persons, partnership, or corporation to
have two or more different dates on any box or package containing giant, hercules, atlas, orventure, or any other high explosive containing nitroglycerin. It is further unlawful to use anybox, package, or wrapper formerly used by any other person or persons, partnership, orcorporation in the packing of such giant, hercules, atlas, venture, or other high explosivecontaining nitroglycerin, and the name and date on the box or package shall be the same as onthe wrapper containing the giant, hercules, atlas, venture, or other explosive containingnitroglycerin. Chapter 8.08 FIREWORKS
8.08.010 When public display permitted--Permit. 8.08.020 Applications for permits. 8.08.030 Bond--Conditions. 8.08.040 Exceptions. 8.08.010 When public display permitted--Permit.
On application in writing, and upon the posting of a suitable bond, the city council may
grant a permit for the public display of fireworks by religious, fraternal or civic organizations, fairassociations, amusement parks or other organizations or groups of individuals approved by thecity council, such permission to be granted when such display is to be handled by a competentoperator to be approved by the city marshal. Such display shall be of such character, and solocated, discharged or fired, as in the opinion of the city marshal after proper inspection shallnot be deemed hazardous to property or endanger any person or persons. After such permitshall have been granted, sales possession, use and distribution of fireworks for such displayshall be lawful for that purpose only. 8.08.020 Applications for permits.
All applications for permits as in this chapter provided shall set forth the date, the hour
and the place of making such display, and the place of storing the fireworks prior to the display;and also the name or names of the person or persons, firm, partnership, corporation,association or group of individuals making the display; and the name of the person or personsin charge of the igniting, firing, setting-off, exploding or causing to be exploded such fireworks. The location of the storage place shall be subject to the approval of the city marshal. No permitgranted under the provisions of this chapter shall be transferable. 8.08.030 Bond--Conditions.
The bond provided for in this chapter shall be approved and deemed adequate by the
city council before such permit is granted, and shall in a sum not less than five hundred dollars($500.00), conditioned for the payment of all damages which may be caused either to person orproperty by reason of the display licensed as in this chapter provided, and arising from any actsor omissions on the part of the licensee, agents or employees. Such bond shall run to MantiCity and shall be for the use and benefit of any person injured, or the owner of any propertydamaged. 8.08.040 Exceptions.
Nothing in this chapter contained shall be construed to apply to associations,
organizations or groups of individuals authorized by the laws of the state of Utah to possess oruse fireworks; or to the sale or use of fireworks or blank cartridges for shows or theatricalperformances, for signal purposes in athletic sports, by railroads for signal purposes, or for useby the militia, or construed to prohibit the manufacture and sale of aviation and railroad lightflares. Chapter 8.12 FIRE CODE ADOPTED
8.12.010 Uniform Fire Code adopted. 8.12.020 Establishment and duties of bureau of fire prevention. 8.12.030 Definitions. 8.12.040 Establishment of limits of districts in which storage of flammable or combustible liquids in outsideaboveground tanks is to be prohibited. 8.12.050 Establishment of limits in which bulk storage of liquefied petroleum gases is to be restricted. 8.12.060 Establishment of limits of districts in which storage of explosives and blasting agents is prohibited. 8.12.070 Amendments made in the Uniform Fire Code. 8.12.080 Appeals. 8.12.090 New materials, processes or occupancies which may require permits. 8.12.100 Violation--Penalty. 8.12.010 Uniform Fire Code adopted.
There is adopted as the fire code by this municipality, for the purpose of prescribing
regulations governing conditions hazardous to life and protecting property from fire orexplosion, that certain code known as the 1976 edition of the Uniform Fire Code asrecommended by the Western Fire Chiefs Association and the International Conference ofBuilding Officials, except to the extent it is hereinafter modified or amended by Section 8.12.060of this chapter, three copies of which have been and are now filed in the office of the clerk foruse and inspection by the public. 8.12.020 Establishment and duties of bureau of fire prevention.
The Uniform Fire Code shall be enforced by the bureau of fire prevention in the firedepartment of the municipality which is established and which shall be operated underthe supervision of the chief of the fire department.
The chief of the fire department may detail such members of the fire department asinspectors as shall from time to time be necessary. The chief of the fire department shallrecommend to the mayor the employment of technical inspectors, who, when suchauthorization is made, shall be selected through an examination to determine theirfitness for the position. The examination shall be open to members and nonmembers ofthe fire department, and appointments made after examination shall be for an indefiniteterm with removal only for cause. 8.12.030 Definitions.
The word "jurisdiction" as used in the Uniform Fire Code, means the boundaries of thismunicipality.
The term "corporation counsel" as used in the Uniform Fire Code means the attorney forthis municipality. 8.12.040 Establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is to be prohibited.
The limits referred to in Section 15.201 of the Uniform Fire Code in which storage offlammable or combustible liquids in outside aboveground tanks is prohibited, areestablished in an appendix to this chapter.
The limits referred to in Section 15.601 of the Uniform Fire Code, in which new bulkplants for flammable or combustible liquids are prohibited, are established in anappendix to this chapter. 8.12.050 Establishment of limits in which bulk storage of liquefied petroleum gases is to be restricted.
The limits referred to in Section 20.105(a) of the Uniform Fire Code, in which the bulk
storage of liquefied petroleum gas is restricted, are established in the appropriate appendixattached to this chapter. 8.12.060 Establishment of limits of districts in which storage of explosives and blasting agents is prohibited.
The limits referred to in Section 11.106(b) of the Uniform Fire Code, in which the
storage of explosives and blasting agents is prohibited, are established in the appropriateappendix attached to this chapter. 8.12.070 Amendments made in the Uniform Fire Code.
Any amendments to the Uniform Fire Code shall be set forth in the appropriate appendix
8.12.080 Appeals.
Whenever the chief shall disapprove an application, refuse to grant a permit for which
application has been received, or when it is claimed that the provisions of the fire code do notapply or that the true intent and meaning of the fire code have been misconstrued or wronglyinterpreted, the applicant may appeal the decision of the chief to the governing body withinthirty (30) days from the date of such decision. 8.12.090 New materials, processes or occupancies which may require permits.
The building inspector and the chief of the bureau of fire prevention shall act as a
committee to determine and specify, after giving affected persons an opportunity to be heard,any new materials, processes or occupancies, which shall require permits in addition to thosenow enumerated in the fire code. The chief of the bureau of fire prevention shall post such list ina conspicuous place in his or her office and distribute copies thereof to interested persons. 8.12.100 Violation--Penalty.
Any person who shall violate any of the provisions of the Uniform Fire Code or fail tocomply therewith, or who shall violate or fail to comply with any order thereunder, or whoshall build in violation of any detailed statement of specifications or plans submitted andapproved thereunder, or any certificate or permit issued thereunder, and from which noappeal has been taken, or who shall fail to comply with such an order as affirmed ormodified by the governing body or by a court of competent jurisdiction within the timefixed herein shall, severally for each and every such violation and noncompliancerespectively, be guilty of a Class B misdemeanor. Imposition of one penalty for anyviolation shall not excuse the violation or permit it to continue. All persons shall berequired to correct or remedy such violations or defects within a reasonable time, andwhen not otherwise specified, each ten days that prohibited conditions are maintainedshall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removalof the prohibited condition.
APPENDIX ESTABLISHING LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE
OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVE-GROUND TANKS AND EXPLOSIVES
ARE PROHIBITED, AND IN WHICH BULK STORAGE OF LIQUEFIED PETROLEUM GAS IS
RESTRICTED, AND AMENDMENTS TO THE FIRE CODE.
SECTION 1. APPENDIX IDENTIFIED. This Appendix is the Appendix referred to in Sections10-154, 10-155, 10-156 and 10-157 of the Codes of Revised Ordinances of this municipalitywhich relate to the Uniform Fire Code.
SECTION 2. PROHIBITED STORAGE ABOVE GROUND. The limits referred to in Section15.201 of the Uniform Fire Code in which storage of flammable or combustible liquids in outsideabove-ground tanks are prohibited are as follows:
SECTION 3. BULK PLANTS FOR FLAMMABLE OR COMBUSTIBLE RESTRICTED. The limitsreferred to in Section 15.601 of the Uniform Fire Code in which bulk plants for flammable orcombustible liquids are prohibited are as follows:
SECTION 4. BULK STORAGE OF LIQUEFIED PETROLEUM GASES. The limits referred to inSection 10-155 of the Code of Revised Ordinances--Section 20.105(a) of the Uniform FireCode in which the storage of liquefied petroleum gas is prohibited are:
SECTION 5. EXPLOSIVES RESTRICTED. The limits referred to in Section 11.106(b) of theUniform Fire Code in which the storage of explosives and blasting agents is prohibited are asfollows:
SECTION 6. AMENDMENTS. The amendments to the Uniform Fire Code referred to in Section10-157 of the Code of Revised Ordinances are as follows:
__________Note of Explanation to This Appendix:
1. STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS in outside above-ground tanks(Section 10-154(A) of the Code of Revised Ordinances--Section 15.201 of the Uniform FireCode) should be prohibited in the mercantile and other congested areas.
2. NEW BULK PLANTS FOR FLAMMABLE OR COMBUSTIBLE LIQUIDS (Section 10-154(B)of the Code of Revised Ordinances--Section 15.601 of the Uniform Fire Code) should beprohibited in areas zoned to be used solely for residential occupancies and for mercantileestablishments, primarily retail in character.
3. BULK STORAGE OF LIQUEFIED PETROLEUM GASES (Section 10-155 of the Code ofRevised Ordinances Section 20.105(a) of the Uniform Fire Code) should be restricted in areasof heavy population and in the congested commercial areas.
4. STORAGE OF EXPLOSIVES AND BLASTING AGENTS (Section 10-155 of the Code ofRevised Ordinances--Section 11.106(b) of the Uniform Fire Code) should be prohibited in thebusiness district, closely built commercial areas and heavily populated areas. Chapter 8.16 GARBAGE COLLECTION AND DISPOSAL
8.16.010 Definitions. 8.16.020 Collection of garbage. 8.16.030 Garbage service fee. 8.16.040 Method of payment of service charges. 8.16.050 No accumulation of garbage. 8.16.060 Containers. 8.16.070 Closing of garbage containers required. 8.16.080 Time and place of pickup. 8.16.090 Disposal of community waste. 8.16.100 Burning of refuse prohibited. 8.16.110 Dumping refuse prohibited. 8.16.120 Limitations upon dumping. 8.16.130 Regulations. 8.16.131 Recycling of organic materials. 8.16.010 Definitions.
"Commercial garbage" refers to garbage produced in commercial establishments, public
or quasi-public institutions or establishments, including restaurants, hotels, motels and similarestablishments.
"Community waste" means lawn cuttings, clippings from bushes and shrubs, leaves and
"Container" or "regulation container" means a type of garbage or trash container of
galvanized metal or other approved material and having a tight fitting lid or properly andsufficiently treated weather resistant paper bag manufactured specifically for use in garbageand refuse collection.
"Garbage" means waste from the preparation, handling, storing, cooking or
consumption of food and food products.
"Refuse" means all waste matter, except garbage, attending or resulting from the
occupancy of residences, apartments, hotels, or other places of dwelling and from the operationof a business. Refuse shall not be deemed to include industrial waste or waste matter resultingfrom the construction, demolition or repair of a building or other structure.
"Residential garbage" refers to garbage produced in places of private residence and
dining halls not open to the public. 8.16.020 Collection of garbage.
The municipality or its agent shall collect, remove and dispose of all residential,
commercial garbage the removal of which is not otherwise provided for by theestablishment or institution as herein provided. All garbage and refuse shall becollected, removed and disposed of with such frequency and in such manner as thegoverning body may from time to time establish by regulation.
Except as otherwise expressly permitted by this chapter, no garbage or refuse shall bemoved or hauled away or transported upon the streets or public ways of the municipalityexcept by the municipality or its agent and except by authorized persons haulingcommercial garbage or refuse as hereinafter provided. It is declared to be unlawful forany person, except as permitted in this chapter, to haul or remove garbage or refuse inthe municipality.
C. Commercial establishments, public or quasi-public, institutions and establishments
creating commercial garbage, may remove commercial garbage themselves or mayemploy the services of authorized contractors to remove commercial garbage. Authorized garbage haulers must apply for and receive permission to do so from therecorder/clerk. Haulage of refuse must be done in the manner, at such times and insuch vehicles as may be approved for such purposes as the governing body may fromtime to time by regulation provide.
D. Nothing contained in this section shall preclude persons from hauling their own garbage,
trash or community waste over the streets and alleys of the municipality in vehicles andcontainers approved by a sanitary inspector or such other personnel of the municipalityas the governing body may authorize.
Nothing in this section shall be construed as eliminating the charge made for garbageservice. 8.16.030 Garbage service fee.
All residences within the municipality shall pay the municipality a garbage service fee. This fee will be set from time to time by resolution of the city council.
Charges shall apply to all residences whether or not they have elected to haul their owngarbage or employ the services of authorized garbage haulers. Service charges will notbe made to businesses as the municipality does not provide garbage service tobusinesses. However, a charge for a landfill used as part of the municipal garbagedisposal system may be charged to businesses who have elected to haul their owngarbage or employ the services of an authorized garbage hauler.
C. If a dwelling unit or a place of business has remained vacant for an entire month, the
owner or possessor of the site may make arrangements with the recorder/clerk for nogarbage collection charges during the continued vacancy of the premises.
D. The mayor, with the consent of the governing body, may excuse needy widows and
elderly persons who are not reasonably capable of paying the monthly charge forresidential collection of garbage from the payment of the residential rate for such periodof time as may be deemed proper or necessary.
(Ord. 2001-Code §§ 3(15) and (16), 2000; prior code § 10-413)
8.16.040 Method of payment of service charges.
The garbage service charges above imposed by this chapter shall be added to thecharge made for water furnished through the water system of the municipality and shallbe billed and collected in the same manner as water service charges are billed andcollected.
In the event that the obligee for the water service charges and the obligee for thegarbage service charges do not coincide, or in the event that practical economic andadministrative reasons do not make combined billing and collection feasible in theopinion of the governing body, the garbage service charges may be collected with suchfrequency and in such manner as the governing body shall by regulation provide. 8.16.050 No accumulation of garbage.
It is unlawful for any person to accumulate garbage or refuse or cause garbage or
refuse to be deposited upon any street or alley or upon any premises in the municipality withoutexpress permission from the municipal health officer. The health officer may permit the feedingor processing of garbage or refuse upon premises properly equipped and maintained so as toprevent the creation of a nuisance or a hazard to health, or permit the depositing of ashes andother dry material for filling purposes at such places as the health officer may designate andunder such restrictions as the governing body may by regulation impose. Additionally, thehealth officer may grant to any person permission for sorting, bailing and marketing trade wasteupon premises properly equipped and maintained. 8.16.060 Containers.
All garbage and refuse shall be placed in suitable and sufficient garbage receptacles,either receptacles with tight fitting lids or properly and sufficiently treated water resistantpaper bags manufactured specifically for use in garbage and refuse collection, or plasticbags manufactured specifically for use in garbage and refuse collection.
Containers shall not exceed a thirty (30) gallon capacity for receiving and holdinggarbage, market waste or other refuse which may accumulate.
C. Receptacles shall not be filled to exceed fifty (50) pounds in weight including the weight
of the receptacle. Metal receptacles shall be provided with handles for convenient lifting. 8.16.070 Closing of garbage containers required.
All garbage and market waste must be placed in rainproof and fly proof receptacles of
the type herein required, and the receptacle shall be tightly closed in such manner as to preventoffensive odors or flies. 8.16.080 Time and place of pickup.
All garbage and refuse subject to garbage collection by the municipality shall be placedat a pickup point at or near the premises designated from time to time by regulationsadopted by the governing body and at such time or times as shall be designated byregulations of the governing body.
Until otherwise provided by regulation, garbage and refuse must not be set out upon thestreet for collection prior to the evening of the day before collection and must be set outon the day of collection before the hour of collection designated by regulations of thegoverning body.
C. All empty receptacles must be removed from the street as soon as practicable after
being emptied, and in every case, must be removed from the street the same day theyare emptied. Receptacles shall not be permitted to remain on any street longer thanmay be necessary for the removal of the contents. 8.16.090 Disposal of community waste.
Community waste may be disposed of by residents and business establishments invehicles provided by them subject to regulation by the governing body as to the placesof disposal and as to the type of vehicle used to avoid spillage upon the public ways ofthe municipality, hazards to safety and the prevention of nuisances.
The governing body from time to time may provide for the collection and disposal ofsuch types of community waste as it may decide to collect and haul in connection withits regular garbage, waste collection and disposal service. In the event community wastedisposal service should require a charge to be made by the municipality, thedetermination of the charge will be made by negotiation with the residents or businessenterprises and the residents or business enterprises will be given an opportunity tochoose from among services offered by persons other than the municipality. 8.16.100 Burning of refuse prohibited.
It is unlawful for any person to burn garbage, market waste, manure or other refuse in
the open air or in any furnace or stove within the municipality. 8.16.110 Dumping refuse prohibited.
It is unlawful for any person to place, deposit, or dump garbage, ashes, market waste,
paper boxes, cartons, trade waste, manure or night soil, or any other refuse upon any lot withinthe municipality whether such lot is occupied or vacant and whether such person so placing,depositing or dumping such refuse is the owner, tenant, occupant or lessor thereof or has thesame under his or her jurisdiction and control. 8.16.120 Limitations upon dumping.
Dumping waste and garbage shall be permitted only in such places as are designated
by the governing body. Dumping shall be subject to such rules and regulations as may beformulated by the governing body. 8.16.130 Regulations.
The governing body may adopt such regulations as in its opinion are necessary to
implement this chapter and its objectives. 8.16.131 Recycling of organic materials.
Manti City establishes a recycling area to be designated and located from time to timeby the city for the exclusive use of the citizens of Manti City together with individuals orentities obtaining express prior written approval.
The recycling area shall be limited to the dumping of recyclable organic materialincluding grass and grass trimmings, tree limbs, shrub and plant trimmings, gardenwaste, weeds and other similar organic materials.
C. Penalty for violation of this section shall be classed an infraction with a fine not to
exceed seven hundred fifty dollars ($750.00) for each violation. Chapter 8.20 HANDBILLS AND LITTER
8.20.010 Definitions. 8.20.020 Litter in public places. 8.20.030 Placement of litter in receptacles so as to prevent scattering. 8.20.040 Sweeping litter into gutters prohibited except as otherwise authorized by the governing body. 8.20.050 Merchants' duty to keep sidewalks free of litter. 8.20.060 Litter thrown by persons in vehicles. 8.20.070 Truck loads causing litter. 8.20.080 Litter in parks. 8.20.090 Litter in lakes and fountains. 8.20.100 Throwing or distributing commercial handbills in public places. 8.20.110 Placing commercial and noncommercial handbills on vehicles. 8.20.120 Depositing commercial and noncommercial handbills on uninhabited or vacant premises. 8.20.130 Prohibiting distribution of handbills where properly posted. 8.20.140 Distributing commercial and noncommercial handbills at inhabited private premises. 8.20.150 Exemption for mail and newspapers. 8.20.160 Posting notice prohibited. 8.20.170 Litter on occupied private property. 8.20.180 Litter on vacant lots. 8.20.190 Handbills and posters. 8.20.010 Definitions.
"Authorized receptacle" is a public or private litter storage and collection receptacle.
"Commercial handbill" is any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced originalor copies of any matter or literature:
1. Which advertises for sale any merchandise, product, commodity, or thing;
2. Which directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly or indirectlypromoting the interest in sales thereof;
3. Which directs attention to or advertises any meeting, theatrical performance,
exhibition, or event of any kind, for which an admission fee is charged for thepurpose of private gain or profit. However, the terms of this clause shall notapply where an admission fee is charged or a collection is taken up for thepurpose of defraying the expenses incident to such meeting, theatricalperformance, exhibition, or event of any kind, when either of the same is held,given or takes place in connection with the dissemination of information which isnot restricted under the ordinary rules of decency, good morals, public peace,safety and good order; provided, that nothing contained in this clause shall bedeemed to authorize the holding, giving or taking place of any meeting, theatricalperformance, exhibition, or event of any kind without a license, where suchlicense is or may be required by any law of this state, or under any ordinance ofthis municipality; or
4. Which, while containing reading matter other than advertising matter, is
predominantly and essentially an advertisement, and is distributed or circulatedfor advertising purposes or for the private benefit and gain of any person soengaged as advertiser or distribution.
"Garbage" means waste from the preparation, cooking, or consumption of food,
condemned food products and all refuse and waste from the handling, storage, preparation andsale of produce. Garbage originates primarily in kitchens, stores, markets, restaurants, hotelsand other places where food is handled, stored, sold, cooked or consumed.
"Litter" is "garbage," "refuse" and "rubbish" as defined in this section and all other waste
material which, if thrown or deposited as prohibited in this chapter, tends to create a danger topublic health, safety, welfare or appearance of the municipality.
"Newspaper" is any newspaper of general or local circulation or any periodical or current
magazine regularly published with not less than four issues per year, and sold to the public.
"Noncommercial handbill" is any printed or written matter, any sample, or device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printedor otherwise reproduced original or copies of any matter of literature not included in theaforesaid definitions of a commercial handbill or newspaper.
"Park" is a park, reservation, playground, beach, recreation center or any other public
area in the municipality, owned or used by the municipality.
"Refuse" is all putrescible and nonputrescible solid wastes (except body wastes),
including garbage, rubbish, ashes, street cleanings, dead animals, and solid market andindustrial wastes.
"Rubbish" is nonputrescible solid wastes consisting of both combustible and
non-combustible wastes, such as paper, wrapping, cigarettes, cardboard, tin cans, yardclippings, leaves, wood, glass, bedding, crockery and similar materials.
"Vehicle" is every device in, on, or by which any person or property is or may be
transported or drawn upon a highway, including devices used exclusively on stationary rails ortracks. 8.20.020 Litter in public places.
No person shall throw or deposit litter in or on any street, sidewalk or other public place
In authorized receptacles for collection or in official municipal garbage dumps; or
For collection as authorized by the governing body. 8.20.030 Placement of litter in receptacles so as to prevent scattering.
Persons placing litter in authorized receptacles shall do so in such a manner as to
prevent it from being carried or deposited by the elements on any street, sidewalk or otherpublic place or on private property. 8.20.040 Sweeping litter into gutters prohibited except as otherwise authorized by the governing body.
No person shall sweep into or deposit in any gutter, street or other public place the
accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free oflitter. 8.20.050 Merchants' duty to keep sidewalks free of litter.
No person owning or occupying a place of business shall sweep into or deposit in any
gutter, street or other public place the accumulation of litter from any building or lot or from anypublic or private sidewalk or driveway. Persons owning or occupying places of business shallkeep the sidewalk in front of their business premises free of litter. 8.20.060 Litter thrown by persons in vehicles.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter on any
street or other public place, or on private property. 8.20.070 Truck loads causing litter.
No person shall drive or move any truck or other vehicle unless such vehicle is so
constructed or loaded as to prevent any load, contents or litter from being blown or depositedon any street, alley or other public place. 8.20.080 Litter in parks.
No person shall throw or deposit litter in any park except in authorized receptacles and
in such a manner that the litter will be prevented from being carried or deposited by theelements on any part of the park or on any street or other public place. Where authorizedreceptacles are not provided, all such litter shall be carried away from the park by the personresponsible for its presence and properly disposed of elsewhere as provided herein. 8.20.090 Litter in lakes and fountains.
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any
other body of water in a park or elsewhere. 8.20.100 Throwing or distributing commercial handbills in public places.
No person shall throw or deposit any commercial or noncommercial handbill in or on any
sidewalk, street or other public place. Unless otherwise authorized by the governing body, it isan infraction for any person to hand out, distribute or sell any commercial handbill in any publicplace; provided, however, that it is not unlawful on any sidewalk, street, or other public place forany person to hand out or distribute, without charge to the receiver thereof, any noncommercialhandbill to any person willing to accept it. 8.20.110 Placing commercial and noncommercial handbills on vehicles.
Unless otherwise authorized by the governing body, no person shall throw or deposit
any commercial or noncommercial handbill in or on any vehicle; provided, however, that it is notunlawful in any public place for a person to hand out or distribute without charge to the receiverthereof a non-commercial handbill to any occupant of a vehicle who is willing to accept it. 8.20.120 Depositing commercial and noncommercial handbills on uninhabited or vacant premises.
No person shall throw or deposit any commercial or noncommercial handbill in or on any
private premises which are temporarily or continuously uninhabited or vacant. 8.20.130 Prohibiting distribution of handbills where properly posted.
No person shall throw, deposit or distribute any commercial or noncommercial handbill
on any private premises, if requested by anyone thereon not to do so or if there is placed onsaid premises in a conspicuous position near the entrance thereof a sign bearing the words:"No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice,indicating in any manner that the occupants of the premises do not desire to be molested orhave their right of privacy disturbed or to have any such handbills left on such premises. 8.20.140 Distributing commercial and noncommercial handbills at inhabited private premises.
No person shall throw, deposit or distribute any commercial or noncommercial handbill
in or on private premises which are inhabited, except by handling or transmitting any suchhandbill directly to the owner, occupant, or other person then present in or on such privatepremises. However, in case of inhabited private premises which are not posted, as provided inthis chapter, such person, unless requested by anyone on such premises not to do so, mayplace or deposit any such handbill in or on such inhabited private premises if such handbill is soplaced or deposited as to secure or prevent such handbill from being blown or drifted aboutsuch premises or sidewalks, streets, or other public places, and except that mailboxes may notbe so used when prohibited by federal postal law or regulations. 8.20.150 Exemption for mail and newspapers.
The provisions of this chapter shall not apply to the distribution of mail by the United
States, nor to newspapers except that newspapers shall be placed on private property in such amanner so as to prevent their being carried or deposited by the elements on any street,sidewalk, or other public place or on private property. 8.20.160 Posting notice prohibited.
No person shall post or affix any notice, poster or other paper or device, calculated to
attract the attention of the public, to any lamp post, public utility pole or shade tree, or on anypublic structure or building, except as may be authorized or required by law. 8.20.170 Litter on occupied private property.
No person shall throw or deposit litter on any occupied private property, whether owned
by such person or not, except that the owner or person in control of private property maymaintain authorized private receptacles for collection in such a manner that litter will beprevented from being carried or deposited by the elements on any street, sidewalk or otherpublic place or on any private property. 8.20.180 Litter on vacant lots.
No person shall throw or deposit litter on any open or vacant private property whether or
8.20.190 Handbills and posters.
No person or business shall post, stick, stamp, paint or otherwise fix, or cause the sameto be done by any person, any notice, placard, bill, card, poster, advertisement or otherpaper or device calculated to attract the attention of the public, or upon any sidewalk,curb, or any other portion or part of any public way or public place or any lamp post,electric light, telegraph, telephone or railway structure, hydrant, shade tree or tree-box,or upon the columns, trusses, girders, railings, gates or other parts of any bridge orother public structure or building, or upon any pole, box or fixture of the fire alarm orpolice telegraph system, except such as may be authorized or required by the laws ofthe United States, or state, and the ordinances of this municipality.
It is unlawful to distribute indiscriminately to the public by leaving at houses orresidences in the municipality any cards, circulars, handbills, samples of merchandise,or any advertising matter whatsoever without having first secured a permit therefor. Thissection shall not be construed to apply to the sale of articles by licensed peddlers.
C. Applications for such permit shall be made to the recorder/clerk and shall contain a
statement of the nature of the article, cards or advertisement to be distributed, the nameof the applicant and the name of the manufacturer or distributor of such article or serviceadvertised.
D. Licenses shall be issued only to persons of good character. The chief of police shall
make or cause to be made an investigation into the character of each applicant andshall report the results thereof to the recorder/clerk before any such license is issued. Chapter 8.24 NOISE CONTROL REGULATIONS 8.24.010 Loudspeakers.
It is an infraction for any person to maintain, operate, connect or suffer or permit to bemaintained, operated or connected any calliope or radio apparatus, sound device or anytalking machine or loud speaker attached thereto in such manner that the loud speakeror amplifier causes the sound from such radio apparatus or sound device or talkingmachine to be projected directly therefrom outside of any building, vehicle or out ofdoors, provided that the city recorder may grant a permit to so broadcast any events orhappenings. Every person desiring a permit to so broadcast shall make application withthe city recorder. Said permit shall not be arbitrarily denied and when the application fora permit is denied the city recorder shall set forth in writing and with particularity thegrounds for so denying the application for a permit.
Nothing contained in this section shall be construed to prevent the operation of a radioapparatus, sound device, amplifier or talking machine used in a reasonable manner byany person within any building, vehicle or structure even though the sound therefrommay be heard on the outside of such building, vehicle or structure; provided, that theapparatus, sound device, amplifier or talking machine shall not project the soundtherefrom directly outside of any building, vehicle or out-of-doors, and provided furtherthat no such radio apparatus, sound device, amplifier or talking machine is in any wayfastened to or connected with any outside wall or window in any building, vehicle orstructure so that sound therefrom is projected outside, of such walls or window.
(Ord. 2001-Code § 3(17), 2000; prior code § 13-333)
Chapter 8.28 NUISANCES GENERALLY
8.28.010 Nuisance defined--Violation--Classification of offense. 8.28.020 Author of nuisance defined. 8.28.030 Declaration of nuisance. 8.28.040 The enumeration of nuisances. 8.28.050 Public nuisance defined. 8.28.060 Maintaining, committing or failing to remove public nuisance--Classification of offense. 8.28.070 Befouling waters. 8.28.080 Toilet or sewer facilities. 8.28.090 Restrictions on blocking water. 8.28.100 Carcass or offal--Prohibitions relating to disposal--Classification of offense. 8.28.110 Not to affect other provisions of municipal ordinances. 8.28.120 Action for abatement of public nuisances. 8.28.130 Abatement of weeds and deleterious objects. 8.28.140 Nuisances on property. 8.28.010 Nuisance defined--Violation--Classification of offense.
A nuisance is any item, thing, manner, condition whatsoever that is dangerous to humanlife or health or renders soil, air, water or food impure or unwholesome.
Any person, whether as owner, agent, or occupant who creates, aids in creating, orcontributes to a nuisance, or who supports, continues or retains a nuisance, is guilty of aClass B misdemeanor. 8.28.020 Author of nuisance defined.
Where a nuisance exists upon property and is the outgrowth of the usual, natural, or
necessary use of the property, the landlord or agent, the tenant or agent, and all other personshaving control of the property on which such nuisance exists shall be deemed to be the authorsthereof and shall be equally liable and responsible. Where any such nuisance shall arise fromthe unusual or unnecessary use of such property or from the business thereon conducted, thenthe occupants and all other persons contributing to the continuance of such nuisance shall bedeemed the authors. 8.28.030 Declaration of nuisance.
Nuisances include but are not limited to:
Befouling water in any spring, stream, well, or water source supplying water forculinary purposes.
Allowing any privy, vault or cesspool or other individual waste water disposalsystem to become a menace to health or a source of odors to air or water.
C. Permitting any garbage container to remain on premises when it has become
D. Allowing vegetable waste, garbage, litter, filth or refuse of any nature to
accumulate within or upon any private alley, yard or area except when it istemporarily deposited for immediate removal.
Permitting the accumulation of manure in any stable, stall, corral, feed yard,yard, or in any other building or area in which any animals are kept.
F. Permitting any slaughterhouse, market, meat shop, stable, feed yard, or other
place or building wherein any animals are slaughtered, kept, fed, or sold toremain unclean or in any state or condition detrimental to health or creating anuisance because of odors, or in which flies or rodents breed.
G. Discharging or placing any offensive water, liquid waste, or refuse of any kind
into any street, alley, sidewalk, gutter, stream, wash, natural watercourse, ditch,canal, or any vacant lot or which as the result of continued discharge will renderthe place of discharge offensive or likely to become so.
H. Keeping or collecting any stale or putrid grease or other offensive matter.
I. Having or permitting upon any premises any fly or mosquito-producing condition.
J. Keeping any drinking vessel for public use without providing a method of
Permitting or performing any ablutions in or near any public drinking fountain.
L. Failing to furnish any dwelling house, boardinghouse, or factory or other place of
employment with such privy vaults, water closets, sinks or other facilities as maybe required to maintain the same in sanitary condition.
M. Neglecting or refusing to discontinue use of, clean out, disinfect, and fill up all
privy vaults and cesspools or other individual waste water disposal systemswithin twenty (20) days after notice from an enforcement officer or official of themunicipality.
N. Permitting any lot or excavation to become the repository of stagnant water or
any decaying or offensive substances.
O. Obstructing or tending to obstruct or interfere with or render dangerous for
passage any street or sidewalks, lake, stream, drainage, canal or basin, or anypublic park without first obtaining the written permission of the governing body.
(Ord. 2001-Code § 2 (part), 2000; prior code § 10-313)
8.28.040 The enumeration of nuisances.
The types of nuisances above stated shall be deemed in addition to and in no way a
limitation of the nuisances subject to this chapter. 8.28.050 Public nuisance defined.
A public nuisance is a crime against the public order and economy of this municipalityand consists in unlawfully doing any act or omitting to perform any duty, which act oromission, either:
1. Annoys, injures, or endangers the comfort, repose, health or safety of three or
3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous
for passage, any lake, stream, canal, or basin, or any public park, square, street,or highway; or
4. In any way renders three or more persons insecure in life or the use of property.
An act which affects three or more persons in any of the ways specified in this section isstill a nuisance regardless of whether the extent of annoyance or damage inflicted onindividuals is unequal. 8.28.060 Maintaining, committing or failing to remove public nuisance--Classification of offense.
Every person who maintains or commits any public nuisance, the punishment for which
is not otherwise prescribed, or who willfully omits to perform any legal duty relating to theremoval of a public nuisance, is guilty of a Class B misdemeanor. 8.28.070 Befouling waters.
A person is guilty of a Class B misdemeanor if such person:
Constructs or maintains a corral, sheep pen, goat pen, stable, pigpen, chickencoop, or other offensive yard or outhouse where the waste of drainage therefromshall flow directly into the waters of any stream, well, or spring of water used fordomestic purposes; or
Deposits, piles, unloads, or leaves any manure heap, offensive rubbish, or thecarcass of any dead animal where the waste or drainage therefrom will flowdirectly into the waters of any stream, well, or spring of water used for domesticpurposes; or
C. Dips or washes sheep in any stream, or constructs, maintains, or uses any pool
or dipping vat for dipping or washing sheep in such close proximity to any streamlocated within this municipality or over which this municipality may exercise itsjurisdiction and used by the inhabitants of this municipality for domestic purposesas to make the waters thereof impure or unwholesome; or
D. Constructs or maintains any corral, yard, or vat to be used for the purpose of
shearing or dipping sheep within twelve (12) miles of the municipality, where therefuse or filth from the corral or yard would naturally find its way into any streamof water used by the inhabitants of this municipality for domestic purposes; or
Establishes and maintains any corral, camp, or bedding place for the purpose ofherding, holding, or keeping any cattle, horses, sheep, goats, or hogs, withinseven miles of this municipality, where the refuse or filth from the corral, camp,or bedding place will naturally find its way into any stream of water used by theinhabitants of this municipality for domestic purposes. 8.28.080 Toilet or sewer facilities.
All toilet or sewer facilities shall be constructed and maintained in accordance with the
ordinances of the municipality. All such facilities that do not comply with such provisions aredeclared to be a nuisance and are subject to abatement as prescribed in this title. 8.28.090 Restrictions on blocking water.
It is unlawful for any person or persons to permit any drainage system, canal, ditch,conduit or other watercourse of any kind or nature, natural or artificial, to become soobstructed as to cause the water to back up and overflow therefrom, or to becomeunsanitary.
Maintenance of any such watercourse in such condition shall constitute a nuisance andthe same shall be subject to abatement. 8.28.100 Carcass or offal--Prohibitions relating to disposal--Classification of offense.
Every person who puts the carcass of any dead animal, or the offal from any slaughter
pen, corral, or butcher shop into any river, creek, pond, street, alley, or public highway, or roadin common use or who attempts to destroy it by fire, within one-fourth of a mile of thismunicipality is guilty of a Class B misdemeanor. 8.28.110 Not to affect other provisions of municipal ordinances.
Nothing contained in this code shall affect any other provisions of this municipalities
ordinances, rules or regulations which regulate, prohibit or effect nuisances or public nuisances. 8.28.120 Action for abatement of public nuisances.
The municipal attorney is empowered to institute an action in the name of this
municipality to abate a public nuisance. 8.28.130 Abatement of weeds and deleterious objects.
Real Property to be Kept Clean. It is an infraction for any person owning or occupyingreal property to allow weeds to grow higher on such property than is permitted by thissection or not to remove from such property any cuttings of such weeds or any refuse,unsightly or deleterious objects after having been given notice from the health directoras hereinafter provided.
Weeds--Defined. "Weeds" means and includes any vegetation commonly referred to asa weed, or which shall have been designated a noxious weed by the UtahCommissioner of Agriculture.
1. It is declared that the above stated weeds constitute a nuisance when they
create a fire hazard, a source of contamination, or pollution of the water, air orproperty, a danger to health, a breeding place or habitation for insects or rodentsor other forms of life deleterious to humans or are unsightly or deleterious totheir surroundings.
2. The cut weeds shall be removed from the premises within five days after cutting. 8.28.140 Nuisances on property.
Definition of Nuisance. For the purpose of this section the term "nuisance" means any
condition of use of premises or of building exteriors which are deleterious or injurious,noxious or unsightly which includes, but is not limited to keeping or depositing on, orscattering over the premises any of the following:
2. Abandoned, discarded or unused objects or equipment such as furniture, stoves,
refrigerators, freezers, cans or containers.
Duty of Maintenance of Private Property. No person owning, leasing, occupying orhaving charge of any premises shall maintain or keep any nuisance thereon, nor shallany such person keep or maintain such premises in a manner causing substantialdiminution in the value of the other property in the neighborhood in which such premisesare located.
C. Storage of Personal Property. Unsheltered storage of old, unused, stripped and junked
machinery, implements, equipment or personal property of any kind which is no longersafely usable for the purposes for which it was manufactured, for a period of thirty (30)days or more (except in licensed junk yards) within this municipality, is declared to be anuisance and dangerous to the public safety.
D. Abatement of Nuisances by Owner. The owner, owners, tenants, lessees or occupants
of any lot within this municipality on which such storage as defined in subsection C ofthis section is made, and also the owner, owners or lessees of the above describedpersonal property involved in such storage shall jointly and severally abate suchnuisance by its prompt removal into completely enclosed and secured buildings to beused for such purposes, or otherwise to remove such property from the municipality. Chapter 8.32 NUISANCE ABATEMENT PROCEDURE
8.32.010 Appointment and duties of inspector. 8.32.020 Hearing. 8.32.030 Failure to comply. 8.32.040 Itemized statement. 8.32.050 Failure to make payment. 8.32.060 Collection by law suit. 8.32.070 Collection through taxes. 8.32.080 Criminal proceeding. 8.32.090 Penalty for failure to comply. 8.32.010 Appointment and duties of inspector.
There is established the position of nuisance inspector whose duties it shall be toenforce the provisions of Chapters 8.28 and 15.20. Until another person is designated,the chief of police shall enforce the provisions of Chapters 8.28 and 15.20. More thanone person may be appointed to act as inspector under this section.
1. Perform all functions necessary to enforce the provisions of Chapters 8.28 and
2. Inspect or cause to be inspected, as often as needed, all buildings, structures,
lots or places for the purpose of determining whether such are in compliancewith the provisions of Chapters 8.28 and 15.20.
C. If the inspector concludes there exists an objectionable condition in violation of Chapter
1. Ascertain the names of the owners and occupants and descriptions of the
premises where such objects and conditions exist.
2. Serve notice in writing upon the owner and occupant of such premises, either
personally or by mailing notice, postage prepaid, addressed to the owner andoccupant at their last known post office addresses as disclosed by the records ofthe county assessor or as otherwise ascertained, requiring such owner oroccupant, or both, as the case may be, to eradicate or destroy and remove thesame within such time as the inspector may designate, provided that any personnotified pursuant to this subsection shall be given at least ten (10) but not morethan twenty (20) days, as determined by the inspector following the date ofservice of such notice, to correct the objectionable condition. The notice shall:
a. Contain a specific statement of the nature of the violation and generally
describe the premises on which the violation exists.
b. Inform the owner, occupant or other person that in the event he or she
disagrees with the determination of the inspector and does not wish tocomply with the provisions of the notice or that he or she objects to thefactual or legal basis for the notice, he or she may request in writing ahearing before the governing body at a time and place to be set by thegoverning body. A written application for a hearing shall stay the timewithin which the person must conform to the provisions of the notice.
c. Inform the person that in the event he or she fails or neglects to correct
the objectionable condition, the municipality will correct the objectionablecondition and will collect the costs of so correcting the objectionablecondition by either a court action, in which case he or she will beassessed such costs together with reasonable attorneys' fees and courtcosts, or will charge the cost of correcting the violation against theproperty as a tax.
3. In the event the owner or occupant makes such request for a hearing, the
governing body shall set the time and place for hearing objections and therecorder/clerk shall notify the owner, occupant, or other persons in writing of thetime and place at which they may appear and be heard. The hearing shall not beheard within less than five days from the date of service or mailing of the noticeof hearing. 8.32.020 Hearing.
At the written request of an owner, occupant or other person having an interest inproperty which is the subject of a notice to remove or abate weeds, objectionable
conditions, or objects from the property, the governing body shall conduct an informalhearing (which need not be reported) wherein such persons may present such evidenceand argument as is pertinent to the question of whether or not the removal or abatementof the objects or conditions is properly within the purview of Chapter 8.28 or 15.20. Thegoverning body shall also permit the presentation of evidence and argument by theinspector and other interested parties. Thereafter within not less than five nor more thanten (10) days, the governing body shall over the signature of the mayor or such othermember of the governing body as it may designate render its written decision, a copy ofwhich shall be mailed to or served upon the owner or other person to whom the originalnotice was given by the inspector.
In the event the decision of the governing body upholds the determination of theinspector, the notice originally given by the inspector as above provided shall bedeemed to be sufficient to require the owner or occupant to remove or abate theobjectionable objects or conditions, and such person shall have up to ten (10) days fromthe date of notice of the decision within which to conform thereto, unless additional time,not to exceed thirty (30) days, is authorized by the inspector.
C. In the event that the decision of the governing body either overrules or modifies the
determination of the inspector, the written decision of the governing body shall apprisethe owner or occupant of that fact and set forth the details and extent to which theowner or occupant must make removal or other abatement of the objectionable objectsor conditions, if any. The owner or occupant shall be required to conform to the decisionof the governing body within ten (10) days after service or mailing of a copy of thedecision, and the decision shall be deemed to be the modified decision of the inspectorunless additional time is authorized by the governing body.
D. The inspector shall file an amended notice and proof of service of notice and file the
same in the office of the county treasurer. 8.32.030 Failure to comply.
If any owner, occupant or other person having an interest in land described in such
notice or decision to whom the notice was given shall fail or neglect to conform to therequirements thereof relating to the eradication, destruction or removal of such weeds,garbage, refuse, objects, or structures, the inspector shall employ all necessary assistance tocause such objectionable objects or conditions to be removed or destroyed at the expense ofthe municipality. 8.32.040 Itemized statement.
The inspector shall prepare an itemized statement of all expenses incurred in the
removal and destruction of nuisances, and shall mail a copy thereof to the owner or occupant orboth or to persons having an interest in the property, demanding payment within twenty (20)days of the date of mailing. The notice shall be deemed delivered when mailed by registeredmail addressed to the last known address of the property owner, occupant, or persons havingan interest in the property. 8.32.050 Failure to make payment.
In the event the owner, occupant or person having an interest in the property, fails to
make payment of the amount set forth in the statement to the municipal treasurer within thetwenty (20) days, the inspector either may cause suit to be brought in an appropriate court oflaw or may refer the matter to the county treasurer as provided in this chapter. 8.32.060 Collection by law suit.
In the event collection of expenses of destruction and removal are pursued through the
courts, the municipality shall sue for and receive judgment for all of the expenses of destructionand removal, together with reasonable attorneys' fees, interest and court costs, and shallexecute upon such judgment in the manner provided by law. 8.32.070 Collection through taxes.
In the event that the inspector elects to refer the expenses of destruction or removal to
the county treasurer for inclusion in the tax notice of the property owner, the inspector shallmake in triplicate an itemized statement of all expenses incurred in the destruction and removalof the same, and deliver the three copies of the statement to the county treasurer within ten(10) days after completion of the work of destroying or removing such weeds, refuge, garbage,objects or structures. Thereupon the cost of the work shall be pursued by the county treasurerin accordance with the provisions of the Utah Code Annotated 1953, as amended, and therecalcitrant owner shall have such rights and shall be subject to such powers as are therebygranted.
(Ord. 2001-Code § 3(18) (part), 2000: prior code § 10-357)
8.32.080 Criminal proceeding.
The commencement of criminal proceedings for the purpose of imposing penalties for
violations of Chapter 8.28 or 15.20 shall not be conditioned upon prior issuance of a notice orthe granting to the defendant of an opportunity to abate or remove the nuisance. The provisionsof this chapter relating to notice and abatement shall be deemed merely alternative andadditional methods of securing conformity to the provisions of this chapter. 8.32.090 Penalty for failure to comply.
Any owner, occupant or person having an interest in property subject to this chapter whoshall fail to comply with the notice or order given pursuant to this chapter shall be guiltyof a Class C misdemeanor for each offense and further sum of seven hundred fiftydollars ($750.00) for each and every day such failure to comply continues beyond the
Compliance by any owner, occupant or person to whom a notice has been given asprovided in this chapter shall not be admissible in any criminal proceeding broughtpursuant to this section.
(Ord. 2001-Code § 3(18) (part), 2000; prior code § 10-359)
Chapter 8.36 OFFENSIVE BUSINESSES
8.36.010 Commencement of offensive business. 8.36.020 Issuance of permits. 8.36.030 Existing offensive business and facilities. 8.36.040 Control of animal and fowl facilities. 8.36.010 Commencement of offensive business.
No person shall commence or change the location of an offensive business orestablishment in or within one mile of the limits of this municipality without first filing anapplication for a permit to do so with the recorder/clerk.
"Offensive businesses," within the meaning of this chapter, means and includes but isnot limited to, packing houses, dairies, tanneries, canneries, renderies, junk or salvageyards, bone factories, slaughterhouses, butcher shops, soap factories, foundries,breweries, distilleries, livery stables, blacksmith shops, or any other enterprise orestablishment which creates excessive odors, fumes, smoke, gases, or noises.
C. The application for a permit shall specify the location at which the business or
establishment is to be operated and maintained or the new location to which it is to bemoved. The application shall describe the type of activity which will be conducted anddescribe the manner in which the business or establishment shall eliminate, control, ormodify the emission by the business of the undesirable odors, fumes, noises, and othernoisome features and the manner in which it shall be screened from public view, if itsappearance is offensive. 8.36.020 Issuance of permits.
The recorder/clerk shall cause a study to be made of the proposed business orrelocation of any offensive business or establishment by the board of health and bypersonnel engaged in the inspection of buildings and other facilities. A report andrecommendation shall be made to the governing body. The governing body, afterreview, may grant to the applicant an opportunity to be heard and present additionalfacts. Thereafter the governing body may:
2. Recommend a modification thereof.
3. Grant a limited permit to enter into the business or make the change of location
subject to the requirement that the business or facility conform to standards
established by the governing body with reference to controlling the offensivefeatures of the business.
In the event a permit is granted, it shall be subject to revocation either upon failure ofthe operator or owner to conduct the business in the manner specified by the governingbody at the time of the granting of the permit, or because a change of circumstancesmakes the continued operation or maintenance of the business or facility a publicnuisance.
C. The governing body shall have power to revoke or modify the permission to operate and
maintain the business in such a manner as it deems necessary for the public good. 8.36.030 Existing offensive business and facilities.
The governing body may require an investigation of any existing offensive business orfacility to determine whether or not it should be permitted to remain in existence in orwithin one mile of the municipal limits. If the governing body determines that thecontinuation of the business or facility has become a nuisance to persons situated withinthe municipal limits or that ample control is not being exercised to minimize the creationof excessive odors, fumes, smoke, gases, and noise, it shall notify the owner oroperator thereof that the governing body is considering revoking or modifying theoperator's license.
If the governing body decides to require a modification of the manner in which thebusiness or facility is to be maintained, it shall specify the standards or specifications towhich the enterprise must conform or otherwise lose its license to engage thereafter inthe business or activity. 8.36.040 Control of animal and fowl facilities.
The governing body shall have the power to prohibit or control the location andmanagement of any offensive, unwholesome business or establishment in or within onemile of the municipality and may compel the owner of any pigsty, privy, barn corral,fur-bearing animal farm, feed yard, poultry farm, or other unwholesome or nauseoushouse or place to cleanse, abate or remove the same.
The governing body may on its own initiative and shall, on complaint of a member of thepublic, examine the operation, control or location of any business or facility for thepurpose of determining whether or not the operation of such business or facility shouldbe improved so as to minimize the offensive and unwholesome characteristics orwhether the business or activity should be moved or abated.
C. In the event that the governing body decides that the business or facility should be
abated, removed, or controlled, it shall notify the owner or operator of the business orfacility of such fact.
D. After a hearing, the governing body may issue a limited license wherein it may prescribe
the specifications and standard which must be followed by the business or facility inorder to be permitted to continue in operation.
Upon a determination by the governing body that the business or facility is a nuisance, itshall have power to order the abatement or removal of the facility or establishment. Ifthe owner fails to conform to such order, the governing body shall have power to bringall necessary legal proceedings to force removal, abatement, or adherence tostandards. Chapter 8.40 MISCELLANEOUS HEALTH REGULATIONS
8.40.010 Unwholesome food. 8.40.020 Vacating premises. 8.40.030 Discharge of sewage pollution. 8.40.040 Inadequate plumbing. 8.40.010 Unwholesome food.
It is a Class B misdemeanor for any person to sell or offer for sale any unwholesome
food or beverage which has been condemned by any government food inspector. 8.40.020 Vacating premises.
It is unlawful for any person, upon vacating or moving from any dwelling, storeroom, orother building, to fail to remove all garbage, rubbish, or ashes from such building orpremise and the grounds appurtenant thereto, or to fail to place the same in athoroughly sanitary condition within twenty-four (24) hours after the premises arevacated.
In situations where rental property is so vacated, the owner of the property shall beconcurrently responsible with the tenant thereof for compliance with this section. 8.40.030 Discharge of sewage pollution.
It is unlawful for any person to discharge or permit the discharge of any sewage or filthfrom any premises into and upon any public highway, stream, watercourse, or publicplace, or into any drain, cesspool, or private wastewater disposal system which does notconform to standards established by the state division of health or by this municipality.
The health director may order a connection for sewage disposal to be made with thepublic sewer system provided by the municipality if such is available, provided that thepublic sewer system is within three hundred (300) feet of the premises.
C. The health director shall use all due measures to prevent the fouling of any streams,
watercourses, reservoirs, or any source furnishing water to any of the inhabitants of thismunicipality. 8.40.040 Inadequate plumbing.
The health director shall have power to require the prompt repair of all leaks or other
defects in plumbing throughout the municipality. The health director shall have power tocondemn and abate all plumbing which is deficient under the plumbing ordinances. When, inthe opinion of the health officer, a change in occupants, type of business or other causerequires changes in plumbing, he or she shall have the power to compel the installation of anincreased number of plumbing fixtures and a change in their type or capacity, and to make suchother alterations or increases as may be necessary for the health and safety of the occupantsof the building and of the public generally. Chapter 8.44 DRINKING WATER SOURCE PROTECTION ORDINANCE
8.44.010 Title, applicability and authority. 8.44.020 Purpose and intent. 8.44.030 Definitions. 8.44.040 Establishment of drinking water source protection zones. 8.44.050 Allowed uses. 8.44.060 Prohibited uses. 8.44.070 Administration. 8.44.010 Title, applicability and authority.
Title. This chapter shall be known as the "Manti City Drinking Water Source ProtectionOrdinance." The provisions of this chapter shall be effective within the boundaries of thecity of Manti, Utah, and shall set prohibitions and restrictions to prevent contamination ofthe public drinking water supply in the city as a result of hazardous and toxic substancesentering the groundwater, including wells and springs not owned by the city. Thischapter shall be liberally construed to effect the purposes set forth herein.
Applicability. It shall be the responsibility of any person owning real property and/orowning or operating a business within the jurisdiction of the city to conform and complywith the applicable provisions contained in this chapter. Ignorance of this provision shallnot excuse any violations of the provisions of this chapter.
C. Authority. The city of Manti has the authority to adopt the ordinance codified in this
chapter to facilitate compliance with drinking water source protection regulationspursuant to Utah Administrative Rule R309-600, Drinking Water Source Protection forGround-Water Sources and other such authorities and provisions as in the statutory andcommon law of the state of Utah. 8.44.020 Purpose and intent.
The purpose of this chapter is to protect, preserve and maintain existing and potential
public drinking water sources in order to safeguard the public health, safety and welfare of cityresidents and visitors. The intent of this chapter is to establish and designate drinking water
source protection zones for all sources of public drinking water within the city's boundaries andjurisdiction. This chapter establishes criteria for regulating the storage, handling, use orproduction of hazardous or toxic substances within identified areas where groundwater is, orcould be affected by potential contamination sources. This shall be accomplished by thedesignation and regulation of property uses and conditions that may be maintained within suchzones. Unless otherwise specified, the provisions of this chapter apply to new developmentand/or handling, movement and storage of potential hazardous materials.
The degree of protection afforded by this chapter is considered adequate for regulatory
purposes. This chapter does not ensure that public drinking water sources will not be subject toaccidental or intentional contamination, nor does it create liability on the part of the city, or anofficer or employee thereof, for any damages to the public drinking water supplies from relianceon this chapter nor any administrative order lawfully made thereunder.
A notice to cease or an exemption issued under this chapter shall not relieve the owner
of the obligation to comply with any other applicable federal, state, regional or local regulations,rules, ordinances or requirements, nor shall such notice or exemption relieve any owner of anyliability for violation of such regulations, rules, ordinances or requirements. 8.44.030 Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this
"Best management practices (BMPs)" means a practice or combination of practices
determined to be the most effective practicable (including technological, economic andinstitutional considerations) means of preventing or reducing the amount of pollution to a levelcompatible with water, soil and air quality goals.
"CFR" means the Code of Federal Regulations.
"City" means the city of Manti, Utah.
"Council" means the city council of the city of Manti, Utah.
"Department" means the public agency, division or department designated by the city of
Manti to enforce the provisions of this chapter. For the city of Manti, the department is thepublic works with ultimate authority resting with the engineering department.
"Design standard" means a control which is implemented by a potential contamination
source to prevent discharges to the groundwater. Spill protection is an example of a designstandard.
"Discharge" means and includes, but is not limited to, spilling, leaking, seeping, pouring,
injecting, emitting, emptying, disposing, releasing or dumping regulated substances to the soils,air, groundwater or surface water of the city. Release does not include the use of a regulatedsubstance in accordance with the appropriate use intended or specified by the manufacturer ofsubstances, provided that such use is not prohibited by federal, state or local regulations. Release shall not include release specifically authorized by federal or state permits.
"EPA" means the U.S. Environmental Protection Agency.
"Groundwater divide" means the topographic and/or the geologic strata that physically
divide the groundwater flow of one recharge area from another.
"Groundwater source" means any well, spring, tunnel, adit, or other underground
opening from or through which groundwater flows or is pumped from subsurface water-bearingformations.
"Hazardous waste" is as defined by the EPA.
"Land management strategies" mean zoning and non-zoning controls which include, but
are not limited to, the following: zoning and subdivision ordinances, site plan review, design andoperating standards, source prohibitions, purchase of property and development rights, publiceducation programs, groundwater monitoring, household hazardous waste collection programs,water conservation programs, memoranda of understanding, written contracts and agreements,and so forth.
"Point source" means any discernible, confined and discrete source of pollutants or
contaminants, including but not limited to, any site, pipe, ditch, channel, tunnel, conduit, well,discrete fissure, container, rolling stock, animal feeding operation with more than ten (10)animal units, landfill, or vessel or other floating craft, from which pollutants are or may bedischarged.
"Pollution source" means point source discharges of contaminants to groundwater or
potential discharges of the liquid forms of "extremely hazardous substances" which are storedin containers in excess of "applicable threshold planning quantities" as specified in SARA TitleIII. Examples of possible pollution sources include, but are not limited to, the following: storagefacilities that store the liquid forms of extremely hazardous substances, septic tanks, drainfields, Class V underground injection wells, landfills, open dumps, landfilling of sludge andseptage, manure piles, salt piles, pit privies, drain lines and animal feeding operations withmore than ten (10) animal units. The following clarify the definition of pollution source:
1. "Animal feeding operation" means a lot or facility where the following conditions
are met: animals have been or will be stabled or confined and fed or maintainedfor a total of forty-five (45) days or more in any twelve (12) month period, andcrops, vegetation forage growth, or post-harvest residues are not sustained inthe normal growing season over any portion of the lot or facility. Two or moreanimal feeding operations under common ownership are considered to be asingle feeding operation if they adjoin each other, if they use a common area, orif they use a common system for the disposal of wastes.
2. "Animal unit" means a unit of measurement for any animal feeding operation
calculated by adding the following numbers: the number of slaughter and feedercattle multiplied by 1.0, plus the number of manure dairy cattle multiplied by 1.4,plus the number of swine weighing over fifty-five (55) pounds multiplied by 0.4,plus the number of sheep multiplied by 1.0, plus the number of horses multipliedby 2.0.
3. "Extremely hazardous substance" means those substances which are identified
in Section 302 (EHS) column of the "Title III List of Lists: Consolidated List ofChemicals Subject to the Emergency Planning and Community Right-to-KnowAct (EPCRA) and Section 112(R) of the Clean Air Act, as Amended"(550B98017). A copy of this document may be obtained from: NCEPI, PO Box
42419, Cincinnati, OH 45202. Online ordering is also available athttp://www.epa.gov/ncepihom/orderpub.html.
"Potential contamination source" means any facility or site which employs an activity or
procedure which may potentially contaminate groundwater. A pollution source is also a potentialcontamination source.
"Regulatory agency" means any government agency with jurisdiction over hazardous
"Sanitary landfill" means a disposal site where solid wastes, including putrescible
wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon.
"SARA Title III" means the Superfund Amendment and Reauthorization Act section
found in 40 CFR 300-302, pertaining to emergency response and right-to-know.
"Septic tank/drainfield system" means a system which is comprised of a septic tank and
a drainfield which accepts domestic wastewater from buildings or facilities for subsurfacetreatment and disposal. By their design, septic tank/drainfield system discharges cannot becontrolled with design standards.
"Wellhead" means the physical structure, facility, or device at the land surface from or
through which groundwater flows or is pumped from subsurface water-bearing formations. 8.44.040 Establishment of drinking water source protection zones.
There are established use districts to be known as zones one, two, three and four of the
drinking water source protection area, identified and described as follows:
Zone one is the area within a one hundred (100) foot radius from the wellhead ormargin of the spring collection area.
Zone two is the area within a two hundred fifty (250) day groundwater time oftravel to the wellhead or margin of the spring collection area, the boundary of theaquifer(s) which supplies water to the groundwater source, or the groundwaterdivide, whichever is closer. If the available data indicate a zone of increasedgroundwater velocity within the producing aquifer(s), time-of-travel calculationsshall be based on this data.
C. Zone three is the area within a three-year groundwater time of travel to the
wellhead or margin of the spring collection area, the boundary of the aquifer(s)which supplies water to the groundwater source, or the groundwater divide,whichever is closer. If the available data indicate a zone of increasedgroundwater velocity within the producing aquifer(s), time-of-travel calculationsshall be based on this data.
D. Zone four is the area within a fifteen (15) year groundwater time of travel to the
wellhead or margin of the spring collection area, the boundary of the aquifer(s)which supplies water to the groundwater source, or the groundwater divide,whichever is closer. If the available data indicate a zone of increasedgroundwater velocity within the producing aquifer(s), time-of-travel calculationsshall be based on this data. 8.44.050 Allowed uses.
The following uses shall be allowed within drinking water source protection zones:
Any use permitted within existing agricultural, single-family residential,multifamily residential and commercial districts so long as uses conform to therules and regulations of the regulatory agencies;
Any other land use where any building located on the property is incidental andaccessory to the primary open land use. 8.44.060 Prohibited uses.
The following uses or conditions shall be and are prohibited within the designated
drinking water source protection zones, whether or not such use or condition may otherwise beordinarily included as a part of a use allowed under Section 8.44.050 of this chapter.
Zone one--The location of any uncontrolled potential contamination source.
Zone two--The location of a pollution source unless its contaminated dischargescan be controlled with design standards.
C. Zones three and four--The location of a potential contamination source unless it
can be controlled through land management strategies. 8.44.070 Administration.
The rules, policies and procedures for administration of any source protection zone
established under this chapter, including without limitation those applicable to enforcement andpenalties, shall be the same as provided in the existing zoning ordinance for Manti.
STORAGE AND HANDLING All reagents (A1 to A8) should be stored at -20°C. All reagents can be used until the expiration date printed on the labels. Avoid multiple freezing and thawing cycles of reagents (< 2). If used sporadically, prepare aliquots of the reagents. Cool all reagents during the working steps. Helicobacter pylori Avoid exposure of the Primer and Probe Mix (A2) to lig
Società per azioni capitale sociale Euro 56.160.000,00 interamente versatocodice fiscale, partita I.V.A. e n. di iscrizione al Registro delle Imprese di Bergamo: 02348370160iscritta all'Albo delle Banche presso la Banca d'Italia, Cod. ABI 3031.2,aderente al Fondo Interbancario di Tutela dei Depositiappartenente al gruppo bancario "VENETO BANCA" , iscritto all'Albo dei Gruppi Banca