1. Duties. The health and safety officer is authorized and directed to inspect and examine property situated within the municipality for the purpose of determining whether or not a nuisance, as defined herein, exists upon said property.

1. Applicants for a permit shall be notified by the city of rejection or acceptance at the earliest possible time but no later than five days after the application is applied for.

2. Any applicant denied a permit under this section shall have the right to appeal the decision to the administrative law judge, pursuant to the provisions of Chapter 2.22. Such an appeal must be filed within ten (10) days of the decision being issued. The decision to deny a permit to sell fireworks shall only be reversed, remanded, or modified if the decision is found to be unlawful or arbitrary and capricious.

“City” is the city of Lindon.

“Garbage” is held to include and mean kitchen and table refuse, leavings and offal, and also every accumulation of putrescible waste of animal and vegetable waste and other matter that attends the preparation, consumption, decay or dealing in or storage of meats, fish, fowl, birds, fruits, and vegetables.

“Person” is any person, firm, partnership, association, corporation, company or organization of any kind.

“Waste matter” includes and is held to mean crockery, bottles, tin cans, trimmings from lawns and gardens, pasteboard boxes, rags, paper, cold ashes, sawdust, shavings, packing material, but does not include boards and pieces of lumber. (Ord. 20 §4, amended, 1970)

1. There is created a department of waste removal of the city, and the office of superintendent of the department, which shall be managed, operated and supervised by the superintendent thereof, under the direction of the city council.

2. The waste removal department may be charged with the responsibility of operating and maintaining a garbage and waste matter collection, removal and disposal system for the purpose of collecting and removing garbage and waste matter from the residences and business houses of all persons within the city, and disposing of said garbage and waste matter in a sanitary manner.

3. The city council may by resolution adopt the alternative method of hiring a private company or individuals on a contract basis to handle all garbage collection services. (Ord. 20 §1,1970, amended, 1970)

1. Every owner, tenant, or occupant of any premises where garbage is created shall provide upon such premises, in a suitable place, one or more galvanized metal garbage receptacles, with tightfitting galvanized metal cover, for receiving and holding all garbage created upon such premises between the times of collection and removal. Every owner, tenant, or occupant of any premises where waste matter is created shall, where necessary, in addition to the garbage receptacle, provide upon such premises in a suitable place, one or more receptacles, or depositories, acceptable to the superintendent of the waste removal department, to contain all waste matter which may accumulate upon such premises between removals. All persons must at all times locate such receptacles at places, so as to be readily accessible for removing and emptying the same, but they shall not be placed within the limits of any street or alley within the corporate limits of the city, or anywhere so as to constitute a nuisance.

2. 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 they are emptied.

3. Paper or plastic bags manufactured for the purpose of garbage disposal of a type, quality and size approved by the city may be used. (Ord. 20 §9, amended, 1970)

“Abate or abatement” means to repair, replace, remove, destroy, correct or otherwise remedy a condition that constitutes a nuisance by such means, in such manner, and to such an extent as the health and safety officer determines is necessary in the interest of the general health, safety and welfare of the community.

“Administrative citation” means an administrative order, including the assessment of civil fees and penalties, issued by the health and safety officer pursuant to the requirements of Section 8.20.090.

“Appeal authority” means the administrative law judge appointed pursuant to Section 2.22.070.

“Emergency” means a situation which, in the opinion of the health and safety officer, requires immediate action to prevent or eliminate an immediate threat to the health, safety or welfare of a person or property.

“Health and safety officer” means the city administrator, chief building official, planning director, public works director, police officer, fire marshal and other code enforcement staff hired and authorized by the city to enforce provisions of the Lindon City health and safety code.

“Notice” means a written communication issued by the city regarding the health and safety officer’s determination in relation to a nuisance or administrative citation or the issuance of a decision from the appeal authority.

“Owner” means any person who, alone or with others, has title to, or interest in, any building or property, with or without actual possession thereof. For the purpose of giving notice and for seeking abatement of a nuisance, the term “owner” also includes any person in physical possession of any property.

“Property” means a building or structure, or the premises on which a building or structure is located. “Property” also includes a plot of land or ground whether developed or undeveloped, occupied or unoccupied.

“Public place” means an area generally visibly to public view and includes alleys, bridges, driveways, parking lots, parks, plazas, sidewalks, streets and buildings open to the general public, including those that sell food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

“Responsible party” means the person(s) responsible for correcting or abating a nuisance pursuant to this chapter. The responsible person includes the property owner and any person, corporation or business entity who causes or permits a nuisance to occur or remain upon property in the city. “Responsible party” also includes, but is not limited to, the owner(s), lessor(s), lessee(s) or other person(s) entitled to control, use and/or occupy property where a nuisance occurs. In cases where there are more than one (1) responsible person, the city may proceed against one (1), some, or all of the responsible persons in enforcing the provisions of this chapter. (Ord. 2025-15 § 19, amended, 2025; Ord. 2020-4 §1, amended, 2020)

1. General Definitions of Nuisance. Any activity that meets any one (1) or more of the definitions set forth below shall constitute a nuisance if it occurs within the city of Lindon:

2. Nuisances Enumerated. Every situation, conduct or activity listed below constitutes a nuisance and may be abated pursuant to this chapter. The listed examples are not exhaustive; a situation, conduct or activity not listed below, but coming within one (1) of the general definitions of nuisances listed above, shall also constitute a nuisance.

1. Duties. The health and safety officer is authorized and directed to inspect and examine property situated within the municipality for the purpose of determining whether or not a nuisance, as defined herein, exists upon said property.

2. If the health and safety officer concludes that such conditions exist in whole, or in part, they shall:

3. The health and safety officer shall implement enforcement of this chapter pursuant to the authority established in Section 8.20.090. (Ord. 2020-4 §1, amended, 2020)

1. Notice of any violation of this chapter shall be served upon a responsible party and the owner by the health and safety officer.

2. Notice shall be made either in person or by mailing notice, postage prepaid, to the owner or responsible party at their last known post office addresses, as disclosed by the records of the county assessor, or as otherwise ascertained. If, after due diligence, a mailing address cannot be ascertained, and if the owner cannot be served in person, notice shall be served by posting a copy of the notice in an open and conspicuous location on the affected property.

3. The health and safety officer, in their reasonable discretion, may elect to bring an enforcement action against a responsible party who is not the owner without being required to also initiate an enforcement action against the owner of a particular property. However, regardless of whom the abatement action is taken against, in all circumstances an owner shall be given notice of any finding of a nuisance or the initiation of any abatement action affecting their property.

4. Notice shall be deemed delivered upon the occurrence of one (1) of the following:

5. The health and safety officer shall maintain a record of how service was provided to an owner and/or responsible party. (Ord. 2020-4 §1, amended, 2020)

1. Voluntary Correction Agreement. Except in the case of an emergency, before taking other steps to abate a nuisance, the health and safety officer shall make a reasonable attempt to secure a voluntary correction agreement to abate the nuisance as follows:

2. Administrative Citation. When the city is unable to secure a voluntary correction agreement, or if a responsible party fails to successfully complete a voluntary correction agreement, the health and safety officer may issue an administrative citation to the owner and/or responsible party as follows:

3. Abatement by the City. The city may abate a nuisance in the following circumstances:

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

5. Abatement by Eviction. Whenever there is reason to believe that a nuisance under Section 8.20.030(2)(a) is kept, maintained, or exists in the city, the city attorney or any citizen residing in the city, or any person or entity doing business in the city, in their own names, may maintain an action in a court of competent jurisdiction to abate the nuisance and obtain an order for the automatic eviction of the tenant of the property harboring the nuisance. The eviction shall take place as specified in Utah State law.

6. Criminal Actions. It is unlawful for any person, firm or corporation, either as owner, agent or occupant, to maintain or permit to be maintained upon any property any nuisance as defined by this chapter. In addition to any other remedy provided for by this chapter, any person who shall allow or maintain a nuisance upon any property, or who otherwise violates this chapter, shall be guilty of an infraction. Each day a nuisance is permitted to continue or be maintained shall constitute a separate offense.

7. Consultation with City Council. Prior to initiating any of the enforcement actions identified in numbers 3, 4, 5, or 6 of above, the health and safety officer must receive approval fom the city administrator. The city administrator shall advise and consult with the city council before granting approval to initiate any such action.

1. The health and safety officer shall prepare an itemized statement of all expenses incurred in the city’s abatement of a nuisance, including the removal and destruction of any offending materials and/or conditions.

2. The statement of costs shall include all direct and incidental costs related to the abatement, including, but not limited to:

3. Such statement of costs shall be mailed thereof to the owner and responsible party, demanding payment within twenty (20) days of the date of mailing. Such notice shall be mailed by certified U.S. mail addressed to the owner’s and responsible party’s last known address as herein set forth in this chapter. (Ord. 2020-4 §1, amended, 2020)

1. May cause suit to be brought in an appropriate court of law;

2. May refer the matter to the county treasurer for collection as a tax as provided in this chapter; or

3. May place a lien, notice of assessment, notice of interest, etc., on the owner’s property to recover costs for abatement of the nuisance, including any reasonable expense for collection of the unpaid fees or costs of abatement. (Ord. 2020-4 §1, amended, 2020)

1. An owner or responsible party may appeal a finding of a nuisance by the health and safety officer and/or the issuance of an administrative citation. Such an appeal must be filed in writing within ten (10) days of the notice of a finding of a nuisance or issuance of an administrative citation.

2. The appeal authority for an appeal under this chapter shall be the administrative law judge, appointed pursuant to Section 2.22.070.

3. The appeal authority shall conduct the appeal pursuant to process and procedures set forth in Chapter 2.22.

4. The appeal authority may set aside the decision of the health and safety officer in its entirety only if it finds that the decision was arbitrary, capricious or illegal. Nevertheless, the appeal authority may modify the requirements imposed by the health and safety officer to abate a nuisance or may extend the deadline for completing the abatement when it finds that such modifications are in the best interest of the city.

5. The appeal authority shall render its written decision within ten (10) days of the hearing, a copy of which shall be mailed to or served upon the owner or responsible party.

6. A properly filed appeal shall automatically stay the time within which the owner or responsible party must conform to the decision of the health and safety officer, unless the appeal authority finds the alleged nuisance constitutes an emergency that presents threat to public health, safety or welfare.

7. Either the city or the appellant may challenge the appeal authority’s order by filing a petition for review with the district court as follows:

“Bodily injury” means any impairment of physical condition, including physical pain.

Extreme fighting. See definition of “ultimate fighting.”

Full contact fighting. See definition of “ultimate fighting.”

“Ground ’n’ Pound” Challenge. See definition of “ultimate fighting.”

“No-holds-barred” fighting. See definition of “ultimate fighting.”

“Prize fighting” means any contest or exhibition in which blows are struck where the participants compete for a cash purse in any amount or a non-cash purse with more than nominal value. This definition shall not apply to a martial arts studio or amateur boxing studio licensed in Lindon that holds an exhibition or contest where the participants compete for a trophy or non-cash purse of nominal value, and where all the participants are bona fide students of that studio or an invited studio licensed in another jurisdiction and are demonstrating the skills and techniques taught by the studio.

“Serious bodily injury” means bodily injury that creates a substantial risk of death or causes:

“Tough Man” Contest. See definition of “ultimate fighting.”

“Ultimate fighting” means a live match in which:

1. Be made in writing accompanied by a permit fee of three hundred dollars ($300);

2. Set forth the proposed location of the fireworks stand;

3. Include for delivery to the city or county clerk insurance certificates evidencing public liability coverage in the amount of two hundred thousand/ four hundred thousand dollars ($200,000/$400,000); and property damage coverage in the amount of $2,000 designating the city or county as an additional insured;

4. Include for delivery to the city or county clerk insurance certificates evidencing products liability insurance in an amount in excess of one million dollars' ($1,000,000) coverage;

5. Include a statement that the applicant agrees to comply strictly with the terms of any permit granted and to furnish any additional information upon request;

6. Include a sales tax permit. (Ord. 98, amended, 1983)

1. Applicants for a permit shall be notified by the city of rejection or acceptance at the earliest possible time but no later than five days after the application is applied for.

2. Any applicant denied a permit under this section shall have the right to appeal the decision to the administrative law judge, pursuant to the provisions of Chapter 2.22. Such an appeal must be filed within ten (10) days of the decision being issued. The decision to deny a permit to sell fireworks shall only be reversed, remanded, or modified if the decision is found to be unlawful or arbitrary and capricious. (Ord. 2025-15 § 21, amended, 2025; Ord. 98, amended, 1983)

1. No fireworks stand shall be located within twenty-five (25) feet of any other building nor within fifty (50) feet of any gasoline pump or dispensing device.

2. Fireworks stands need not comply with the provisions of the building code, however, all stands shall be erected in a manner that will reasonably assure the safety of attendants and patrons.

3. Each stand up to twenty-four feet in length must have at least two exits, and each stand in excess of twenty-four (24) feet in length must have at least three exits spaced at approximately equal distances apart.

4. Each stand shall be provided with a two and one-half gallon water pressure-type fire extinguisher or an ABC fire extinguisher by each required exit in good working order and easily accessible for use in case of fire. (Ord. 98, amended, 1983)

1. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty-five (25) feet surrounding the stand.

2. “No Smoking” signs shall be prominently displayed on the fireworks stand.

3. A sign prohibiting the discharge of any fireworks within one hundred (100) feet of fireworks stands shall be prominently displayed.

4. There shall be at least one supervisor, 18 years of age or older, on duty at all times. All fireworks shall be effectively kept away from any kind of self-service by the public, and shall be placed in a location which is unavailable and inaccessible to members of the public in capacities other than as legal customers.

5. Firework stands shall be removed within seven days after retail sales cease.

6. No person(s) shall sleep in a fireworks stand. (Ord. 98, amended, 1983)

“Adult Bookstore” or “Adult Video Store” means a commercial establishment which:

“Adult Business” means an adult motion picture theater, adult theater, adult bookstore, or adult video store.

“Adult Motion Picture Theater” means a commercial establishment which:

“Adult Theater” means a theater, concert hall, auditorium, or similar commercial establishment which:

“Employ” means hiring an individual to work for pecuniary or any other firm of compensation, whether such person is hired on the payroll of the employer, as an independent contractor, as an agent, or in any other form of employment relationship.

“Escort” means any person who, for pecuniary compensation, dates, socializes, visits, consorts with, or accompanies or offers to date, consort, socialize, visit, or accompany another or others to or about social affairs, entertainment, or places of amusement, or within any place of public or private resort or any business or commercial establishment or any private quarters. “Escort” shall not be construed to include persons who provide business or personal services such as licensed private nurses, aides for the elderly or handicapped, social secretaries or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than twelve (12) hours and who provide a service not principally characterized as dating or socializing. “Escort” shall also not be construed to include persons providing services such as singing telegrams, birthday greetings, or similar activities characterized by appearances in a public place, contracted for by a party other than the person for whom the service is being performed and of a duration not longer than one (1) hour.

“Escort Service” means an individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts.

“Escort Service Runner” means any third person, not an escort, who, for pecuniary compensation, acts in the capacity of an agent or broker for an escort service, escort, or patron by contacting or meeting with escort services, escorts, or patrons at any locations within the city, whether or not such third person is employed by such escort service, escort, patron, or by another business, or is an independent contractor or self-employed.

“Operator” means the manager or other natural person principally in charge of a sexually-operated business.

“Outcall Services” means services of a type performed by a sexually-oriented business employee outside of the premises of the licensed sexually-oriented business, including but not limited to escorts, models, dancers and other similar employees.

“Patron” means any person who contracts with or employs any escort services or escort of the customer of any business licensed pursuant to this chapter.

“Pecuniary Compensation” means any commission, fee, salary, tip, gratuity, hire, profit, reward, or any other form of consideration.

“Person” means any person, unincorporated association, corporation, partnership, or other legal entity.

“Semi-nude” means a state of undress in which:

“Semi-nude Dancing Agency” means any person, agency, firm, corporation, partnership, or any other entity or individual which furnishes, books, or otherwise engages or offers to furnish, book, or otherwise engage the service of a professional dancer licensed pursuant to this chapter for performance or appearance at a business licensed for adult theaters.

“Semi-nude Entertainment Business” means a business, including adult theater, where employees perform or appear in the present of patrons of the business in a state of semi-nudity. A business shall also be presumed to be a semi-nude entertainment business if the business holds itself out as such a business.

“Sexually-oriented Business” means semi-nude entertainment businesses, sexually-oriented outcall services, adult businesses, and semi-nude dancing agencies, as defined by this chapter.

“Sexually-oriented Business Employees” means those employees who work on the premises of a sexually-oriented business in activities related to the sexually-oriented portion of the business. This includes all managing employees, dancers, escorts, models, and other similar employees, whether or not hired as employees, agents, or as independent contractors. Employees shall not include individuals whose work in unrelated to the sexually-oriented portion of the business, such as janitors, bookkeepers, and similar employees. Sexually-oriented business employees shall not include cooks, serving persons, and similar employees, except where they may be managers or supervisors of the business. All persons making outcall meetings under this chapter, including escorts, models, guards, escort runners, drivers, chauffeurs, and other similar employees, shall be considered sexually-oriented business employees.

“Specified Anatomical Areas” means:

“Specified Sexual Activities” means:

1. The city does not intend to unreasonably or improperly prohibit legitimate modeling which may occur in a state of nudity for purposes protected by the First Amendment or similar state protections. The city does intend to prohibit prostitution and related offenses occurring under the guise of nude modeling. Notwithstanding the provisions of this chapter, a licensed outcall employee may appear in a state of nudity before a customer or patron, providing that a written contract for such appearance was entered into between the customer or patron and the employee, and signed at least forty eight (48) hours before the nude appearance. All other applicable provisions of this chapter shall still apply to such nude appearance.

2. In the event of a contract for nude modeling or appearance signed more than forty eight (48) hours in advance of the modeling or appearance, the individual to appear nude shall not be required to obtain a license pursuant to this chapter. During such unlicensed nude appearance, it is unlawful to:

1. It is unlawful for any business premises to operate or be licensed for more than one (1) category of sexually-oriented business, except that a business may have a license for both outcall services and a semi-nude dancing agency on the same premises.

2. The categories of sexually-oriented businesses are:

1. The correct legal name of each applicant, corporation, partnership, limited partnership, or entity doing business under an assumed name;

2. If the applicant is a corporation, partnership, limited partnership, or individual or entity doing business under an assumed name, the information, required below for each individual applicant shall be submitted for each partner and each principal of an applicant, and for each officer, director, and any shareholder (corporate or personal) of more than ten percent (10%) of the stock of any applicant. Any holding company, or any entity holding more than ten percent (10%) of an applicant, shall be considered an applicant for purposes of disclosure under this chapter;

3. All corporations, partnerships, or non-corporate entities included on the application shall also identify each individual authorized by the corporation, partnership, or non-corporate entity to sign the checks for such corporation, partnership, or non-corporate entity.

4. For all applicants or individuals, the application must also state:

5. Acceptable written proof that any individual is at least eighteen (18) years of age;

6. Two (2) color photographs of the applicant clearly showing the individual's face and the individual's fingerprints on a form provided by the police department. For persons not residing in the city, the photographs and fingerprints may be on a form from the law enforcement jurisdiction where the person resides. Fees for the photographs and fingerprints shall be paid by the applicant directly to the issuing agency;

7. For any individual applicant required to obtain a sexually-oriented business license as an escort of a semi-nude entertainer, a certificate from the Utah County Health Department, stating that the individual has, within thirty (30) days immediately preceding the date of the original or renewal application, been examined and found to be free of any contagious or communicable diseases;

8. A statement of the business, occupation, or employment history of the applicant for three (3) years immediately preceding the date of the filing of the application.

9. A statement detailing the license or permit history of the applicant for the five-year (5) period immediately preceding the date of the filing of the application, including whether such applicant has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or has had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction, and state in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application;

10. All criminal convictions or pleas of nolo contendere, except those which have been expunged, and the disposition of all such arrests for the applicant, for five (5) years prior to the date of the application. This disclosure shall include identification of all ordinance violations, excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of nolo contendere and sentence of each conviction, or other disposition, identifying the convicting jurisdiction and sentencing court, and providing the court identifying case numbers or docket numbers. Application for a sexually-oriented business or employee license shall constitute a waiver of confidentiality for any criminal conviction or pleas of nolo contendere for the purposes of any proceeding involving the business or employee license;

11. In the event the applicant is not the owner of record of the real property upon which the business or proposed business is or will be located, the application must be accompanied by a notarized statement from the legal or equitable owner of the possessory interest in the property specifically acknowledging the type of business for which the applicant seeks a license for the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address, and phone number of the owner of record of the property, as well as the copy of the lease or rental agreement pertaining to the premises in which the service is or will be located.

12. A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the license, and any rules, regulations, or employment guidelines under or by which the business intends to operate. This description shall also include:

1. The owner or employee of a sexually-oriented business shall pay the application fees and annual fees set forth in the annual fee schedule adopted by the city.

2. An application fee shall not be prorated.

3. The fees described in this section are in addition to fees paid for general business licenses or beer licenses.

4. An application is not complete until all appropriate fees have been paid. (Ord. 99-19, adopted, 2000)

1. It is unlawful to conduct business under a license issued pursuant to this chapter at any location other than the licensed premises. Any location to which telephone calls are automatically forwarded by such business shall require a separate license.

2. It is unlawful for any sexually-oriented business to do business in the city under any name other than the business name specified in the application. (Ord. 99-19, adopted, 2000)

1. The applicant is under eighteen (18) years of age.

2. The applicant is overdue in payment to the city of taxes, fees, fines, or penalties assessed against the applicant or imposed on the applicant in relation to a sexually-oriented business.

3. The applicant has falsely answered a material question or request for information as authorized by this chapter.

4. The applicant has violated a provision of this chapter or similar provisions found in statutes or ordinances from any jurisdiction within two years immediately preceding the applications; a criminal conviction for a violation of a provision of this chapter or similar provisions from any jurisdiction, whether or not it is being appealed, is conclusive evidence of a violation, but a conviction is not necessary to prove a violation.

5. The premises to be used for the business have been disapproved by the Utah County Health Department, the fire department, the police department, the building officials, or the zoning officials as not being in compliance with applicable laws and ordinances of the city. If any of the foregoing reviewing agencies cannot complete their review within the thirty (30) day approval or denial period, the agency or department may obtain from the city administrator or his designee an extension of time of no more than fifteen (15) days for their review. The total time for the city to approve or deny a license shall not exceed forty-five (45) days from the receipt of a completed application and payment of all fees. Businesses located outside of the corporate boundaries of the city but requiring a license under this chapter may be denied a license pursuant to this chapter if the business does not have a valid business license to conduct business at the business location from the appropriate jurisdiction for that location.

6. The required license fees have not been paid.

7. All applicable sales and use taxes have not been paid.

8. An applicant for the proposed business is in violation of or not in compliance with this chapter or similar provisions found in statutes or ordinances from any jurisdiction.

9. An applicant has been convicted or plead nolo contendere to a crime:

1. Allow persons under the age of eighteen (18) years on the licensed premises, except that in adult

2. businesses which exclude minors from less than all of the business premises, minors shall not be permitted in excluded areas:

3. Allow, offer, or agree to conduct any outcall business with persons under the age of eighteen (18) years;

4. To allow, offer, or agree to allow any alcohol to be stored, used, or consumed on or in the licensed premises;

5. Allow the outside door to the premises to be locked while any customer is in the premises;

6. Allow, offer, or agree to gambling on the licensed premises;

7. Allow, offer, or agree to any sexually-oriented business employee touching or being touched by any patron or customer; except that outcall employees and customers may touch, except that any touching of specified anatomical areas, whether clothed or unclothed, is prohibited;

8. Allow, offer, or agree to illegal possession, use, sale, or distribution of controlled substances while engaged in the activities of the business;

9. Allow sexually-oriented business employees to possess, use, sell, or distribute controlled substances while engaged in the activities of the business;

10. Allow, offer, or agree to commit prostitution, solicitation of prostitution, solicitation of a minor, or activities harmful to a minor to occur on the license premises or, in the event of an outcall employee or business, the outcall employee committing, offering, or agreeing to commit prostitution, attempting to commit prostitution, soliciting prostitution, soliciting a minor, or committing activities harmful to a minor;

11. Allow, offer, commit, or agree to any specified sexual activity as validly defined by city ordinances or state statutes in the presence of any customer or patron;

12. Allow, offer, or agree to any outcall employee appearing before any customer or patron in a state of dress that violates this chapter;

13. Allow, offer, or agree to allow a patron or customer to masturbate in the presence of the sexually-oriented business employee or on the premises of a sexually-oriented business;

14. Allow, offer, or agree to commit an act of lewdness as defined in Section 76-9-702 or 76-9-702.5. (Ord. 99-19, adopted, 2000)

1. All businesses licensed to provide outcall services pursuant to this chapter shall provide to each patron a written contract in receipt of pecuniary compensation for services. The contract shall clearly state the type of services to be performed, the length of time such services shall be performed, the total amount such services shall cost the patron, and any special terms or conditions relating to the services to be performed. The contract need not include the name of the patron. The business licensee shall keep and maintain a copy of each written contract entered into pursuant to this section for a period not less than one (1) year from the date of provision of services. The contracts shall be numbered and entered into a register listing the contract number, date, names of all employees involved in the contract, and pecuniary compensation paid.

2. All outcall businesses licensed pursuant to this chapter shall maintain an open office or telephone at which the licensee or licensee's designated agent may be personally contacted during all hours outcall employees are working. The address and phone number of the license location shall appear and be included in all patron contracts and published advertisements. For outcall businesses with premises within the city, private rooms or booths where the patrons may meet with the outcall employee shall not be provided at the open office, nor shall patrons meet outcall employees at the business premises.

3. Outcall services shall not advertise in such a manner that would lead a reasonable prudent person to conclude that specified sexual activities would be performed by the outcall employee.

4. All employees of outcall services who provide outcall services within the city shall be licensed in accordance with this chapter, regardless of the primary location of the business. (Ord. 99-19, adopted, 2000)

1. In addition to the general requirements of disclosure for a sexually-oriented business, any applicant for license as an adult business shall also submit a diagram, drawn to scale, of the premises. The design and construction shall conform to the following requirements:

2. It shall be the duty of the licensee and the licensee's employees to insure that the views from the manager's station in Subsection 8.30.240(1)(a) remain unobstructed by any doors, walls, merchandise, display racks, or any other materials at all times that any patron is present in the premises, and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

3. The premises shall at all times be equipped and operated with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1) footcandle, measured at floor level. It shall be the duty of the licensee and the licensee's employees present on the premises to insure that the illumination described above is maintained at all times that any patron is present in the premises. (Ord. 99-19, adopted, 2000)

1. It is unlawful for a business premises licensed for semi-nude entertainment to:

2. Adult theaters shall also require that the performance area shall be separated from the patrons by a minimum of three (3) feet, which separation shall be delineated by a physical barrier at least three (3) feet high. (Ord. 99-19, adopted, 2000)

1. It is unlawful for any sexually-oriented business licensed pursuant to this chapter to allow the sale, storage, supply, or consumption of alcoholic beverages on the premises.

2. It is unlawful for any person to possess or consume any alcoholic beverage on the premises of any sexually-oriented business. (Ord. 99-19, adopted, 2000)

1. Touch in any manner any other person;

2. Throw any object or clothing off the stage area;

3. Accept any money, drink, or any other object directly from any person;

4. Allow another person to touch the performer or to place any money or object on the performer or within the costume or person of the performer; or

5. Place anything within the costume or adjust or move the costume while performing so as to render the performer in a state of nudity. (Ord. 99-19, adopted, 2000)

1. By a proprietary school licensed by the state, or a college, junior college, or university supported entirely or partly by taxation; or

2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation. (Ord. 99-19, adopted, 2000)

1. The city may issue a notice suspending or revoking a sexually-oriented business or employee license granted under this chapter if a licensee or an employee of the licensee has:

2. Suspension or revocation shall take effect within fifteen (15) days of the issuance of the notice, unless an appeal is filed as provided by this chapter.

3. The fact that a conviction is being appealed shall have no effect on the revocation of the license. (Ord. 99-19, adopted, 2000)

1. In addition to revocation or suspension of a license as provided in this chapter, each violation of this chapter shall, upon citation require the licensee to pay a civil penalty in the amount of five hundred dollars ($500). Such fines shall be deducted from the cost bond posted pursuant to this chapter, unless paid within ten (10) days of notice of the fine or the final determination after any appeal. In addition to the civil fines provided in this chapter, the violation of any provision of this chapter shall be a Class B misdemeanor. Each day of violation shall be considered a separate offense.

2. Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the sexually-oriented business licensee and/or operator, if such act or omission occurs either with the authorization, knowledge, or approval of the licensee and/or operator, or as a result of the licensee's employee, and the sexually-oriented business licensee shall be punishable for such act or omission in the same manner as if the licensee committed the act or caused the omission.

3. A sexually-oriented business licensee and/or operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omissions of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the licensee and/or operator for the purposes of determining whether the licensee's license shall be revoked, suspended, or renewed. (Ord. 99-19, adopted, 2000)

“Burial” means the opening and closing of a grave for the interment of human remains.

“Cemetery” means any cemetery owned or operated by Lindon City for the purpose of receiving the remains of deceased humans. The term also includes any cemetery operated within the city limits of Lindon City.

“City” means Lindon City.

“Double burial” means the burial of two (2) human bodies in adjacent burial lots.

“Double depth burial” means the burial of the remains of two (2) human bodies in the same burial lot in separate vaults, one (1) on top of the other.

“Infant” is defined as any child who is able to be buried in a casket no greater than thirty-six inches (36") long.

“Lot” means a grave site in any cemetery owned by the city.

“Lot owner or purchaser” means the purchaser of burial rights or privileges evidenced by a burial rights certificate.

“Resident” is defined as a person whose primary residence is within Lindon City or whose last known primary residence address was within the city before moving to a care facility or to be cared for by a family member that is not within the city. Residency shall be determined at the time the city receives a request for interment. Except as permitted in this definition, if a person to be buried is deceased at the time of purchase of the interment, residency shall be determined by the primary residency of the deceased person at the time of death.

“Veteran” is defined as anyone who has served in the Armed Forces of the United States, including members of the National Guard and Reserves. A person who has had a dishonorable discharge does not typically qualify as a veteran. (Ord. 2021-1 §1, amended, 2021; Ord. 2016-20 §1, amended, 2016; Ord. 2014-15, amended, 2014; Ord. 2012-4, amended, 2012; Ord. 3-94, amended, 1994; Ord. 11-92, adopted, 1992)

1. All property in a city cemetery, including lots, blocks, and grave sites, is the exclusive property of the city. A burial right granted by the city is merely a right to be buried on city property.

2. Burial rights in a city cemetery are granted to the person or persons named in the burial rights certificate.

3. No person, except the owner of the burial rights on a lot, shall be buried on that lot, unless a form provided by the city sexton has been signed by the owner giving permission for someone else to be buried on the lot.

4. Upon the death of the owner of the burial rights, the burial rights may be used for the burial of the owner. If not so used, the burial rights shall pass to the owner’s heirs or beneficiaries in accordance with applicable law, provided, however, the burial right to any one (1) lot shall not be divided in fractional interests except as otherwise permitted by the city for infant and urn burials. (Ord. 2016-20 §1, amended, 2016; Ord. 2014-15, amended, 2014; Ord. 3-94, amended, 1994; Ord. 11-92, adopted, 1992)

1. Grandfathered Rights. Double depth burial rights purchased prior to June 20, 2008, will be permitted.

2. Burial of Urns. Burial of up to four (4) urns per full-size lot (forty inches (40") by one hundred inches (100")), or two (2) urns per half-size lot (forty inches (40") by fifty inches (50")) is permitted.

3. Burial of Infants. Burial of up to two (2) infants per full-size lot (forty inches (40") by one hundred inches (100")), or one (1) infant per half-size lot (forty inches (40") by fifty inches (50")) is permitted.

4. Burial of Urn With Casket. A single urn may be buried with casket in a single burial lot with authorization from the city sexton.

5. Grave Marker for Multiple Burials in a Single Burial Lot. In addition to the requirements set forth in Section 8.32.190, all grave markers must include the name, date of birth, and date of death of each individual interred in the burial lot. If there is insufficient space to add the required information for subsequent burials on an existing grave marker, a new grave marker must be installed.

6. Burial Fees. A separate burial fee shall be paid for each interment that takes place on a given burial lot. The fee charged shall correspond to the type of interment being performed. (Ord. 2025-6 §1, amended, 2025; Ord. 2016-20 §1, amended, 2016; Ord. 2014-15, amended, 2014; Ord. 11-92, adopted, 1992)

1. It is unlawful for any person to drive a motor vehicle upon any cemetery lot, back over any grave, cut a corner or drive such vehicle upon any part of the cemetery which is not an established roadway; provided, however, that this provision shall not apply to city employees in the discharge of their duties.

2. It is unlawful for any person to drive a motor vehicle within a city cemetery at a speed greater than ten (10) miles per hour in areas where speed limits are not posted, or at such other lesser speed as is reasonable and prudent under existing conditions, having regard for actual and potential hazards. Where speed limits are posted, it is unlawful for any person to drive a motor vehicle in excess of the posted speed limit.

3. Whenever signs have been installed by the city, directing traffic to proceed in one (1) direction only upon any street in a city cemetery, it is unlawful for any person to disobey such signs and drive a motor vehicle in the opposite direction. (Ord. 2016-20 §1, amended, 2016; Ord. 2014-15, amended, 2014; Ord. 11-92, adopted, 1992)

1. Lindon City is not responsible or liable for any flowers or decorations left in the cemetery. All grave decorations and other personal property left in the cemetery shall be presumed to have been abandoned. Special mementos desired to be kept should be removed at the conclusion of the graveside service.

2. Grave decorations or arrangements, real or artificial, shall be permitted if placed directly on top of the headstone. The decorations shall be allowed until such time as they become faded, worn, weathered, or otherwise unsightly, after which they will be removed and disposed of at the discretion of cemetery personnel.

3. Any object not kept on the headstone and placed in the grass area, or extending over the grass area, will be removed and discarded, except during the following circumstances:

4. Decorations on trees, shrubbery, or fences are not permitted and will be removed and discarded.

5. Except as noted above for new burials and Memorial Day, any objects driven into the ground such as wires, ornamental iron, shepherd hooks, solar lights, sticks, pegs, flags, toys, air socks, balloons, outdoor lighting, pinwheels, etc. are not permitted and will be removed and discarded.

6. Glass, porcelain, glass covered picture frames not mounted to the headstone, or other breakable containers or objects are not allowed and will be removed and discarded.

7. Shepherd hooks or similar ornamental iron for hanging decorations are permitted if secured to the headstone by means of holes drilled into the headstone or by other secure attachment directly on top of the headstone. These hooks must be easily removable by cemetery personnel and may not project horizontally beyond the headstone (over the grass area) nor can they exceed six feet (6') in height from the ground elevation.

8. Outlining of headstones using bricks, rocks, flowers or other decoration or device is prohibited.

9. Decorations or objects deemed hazardous, inappropriate, or conflicting with maintenance of the cemetery may be removed and discarded at any time by cemetery personnel. (Ord. 2016-20 §1, amended, 2016; Ord. 11-92, adopted, 1992)

1. Size of Markers. All grave markers shall be securely set in a concrete foundation at least six inches (6") thick, or the grave marker shall consist of one (1) solid piece of granite six inches (6") thick. All grave markers shall also be surrounded by a six inch (6") wide border of concrete or granite that will act as a mowing strip. Markers shall have a maximum length of forty inches (40") for single burials, and eighty inches (80") for double burials, and shall have a maximum width of forty inches (40") for both single burials and double burials. Markers where infants or urns are buried shall not exceed forty inches (40") by twenty-five inches (25"). Maximum grave marker dimensions listed above include the six inch (6") concrete or granite border.

2. Type of Markers. All grave markers/headstones and their associated concrete/granite borders shall be placed flush with the ground. No upright headstones shall be allowed in the cemetery. Grave markers shall be made from long-lasting weather resistant materials such as stone, concrete, bronze, or other similar materials approved by the city sexton.

3. Placement of Markers. All grave markers shall be placed at the head of the grave. Exceptions to this rule shall apply only on lots where a veteran is buried, where one (1) additional grave marker, supplied by the Veteran’s Administration, may be placed at the foot of the grave. Markers in the cemetery face west; meaning viewers are facing east when reading the marker. Traditional side-by-side burials of couples normally have the husband on the right (or south) and the wife on the left (or north). Grave marker installation shall be inspected by the city to verify conformance to city standards.

4. Number of Markers. Except as otherwise permitted in this chapter, only one (1) grave marker per lot shall be permitted regardless of the number of human remains buried in the lot. (Ord. 2018-15 §1, amended, 2018; Ord. 2016-20 §1, amended, 2016; Ord. 2014-15, amended, 2014; Ord. 11-92, adopted, 1992)

1. Only cemetery patrons are allowed in city cemeteries.

2. Children under twelve (12) years of age must be accompanied at all times on the cemetery property by a parent or some supervising adult eighteen (18) years of age or older.

3. It shall be unlawful to engage in recreational activities in city cemeteries. (Ord. 2016-20 §1, amended, 2016; Ord. 11-92, adopted, 1992)