1. Misdemeanor: Any person who is found guilty of violating any of the provisions of this chapter, either by failing to do those acts required herein or by doing a prohibited act, is guilty of a class C misdemeanor and, upon conviction thereof, subject to penalty as provided in NCC 1.08.010.
   
2. Separate Violation Each Day: Each day such violation is committed or permitted to continue shall constitute a separate violation.
   
3. Legal Action To Abate: The city attorney may initiate legal action, civil or criminal, requested by the enforcement agent to abate any condition that exists in violation of these rules and regulations.
   
4. Liability For Removal Expenses: In addition to other penalties imposed by a court of competent jurisdiction, any person found guilty of violating any of these rules and regulations shall be liable for all expenses incurred by the city in removing or abating any graffiti.

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

AUTHOR: The record land owner(s) shall be deemed to be the author(s) of and shall be liable and responsible for any nuisance present on or arising out of the use of the property.

NUISANCE: Whatever is dangerous to human life or health, deleterious, injurious, noxious, unsightly and whatever renders soil, air, water or food impure or unwholesome, which includes but is not limited to conditions described in this chapter.

UNSHELTERED: not contained within a building or structure, including the primary building or an accessory building.

PUBLIC VIEW: can be seen from up to six feet above the surface of public property, which may include a road, sidewalk, trail, park or other public space. Any obstruction of public view must be of solid, opaque permanent material, such as an opaque concrete, wood or vinyl fence or a permitted building.

DRIVEWAY: a surface of concrete, asphalt, gravel or other hard material, free of weeds and any other vegetation, which is used to park a vehicle or for vehicular access to a garage or parking area.

STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having location on the ground.

FRONT YARD: An open space on the same lot with a building between the front line of the building (exclusive of steps) and the front lot line and extending across the full width of the lot. On a corner lot, the front yard may be applied to either street.

BUILDING: Any structure built or erected for the support, shelter or enclosure of persons, animals, chattel or property of any kind.

1. Statement: Every act or condition made, permitted, allowed or continued in violation of NCC 7.02.010, is hereby declared to be a nuisance and may be abated and punished as hereinafter provided. No person owning any property shall allow the continuance of a nuisance thereon.
2. Specified: Nuisances include, but are not limited to:
   1. Befouling Water: Befouling water in any spring, stream, well or water source supplying water for culinary purposes.
   2. Privies, Cesspools: Allowing any privy vault or cesspool, or other individual wastewater disposal system, to become a menace to health or a source of odor or contamination to air or water.
   3. Garbage Containers, Permitting any garbage container that has become unclean and offensive, to remain on premises without disposal, for a period of no longer than fourteen (14) days.
   4. Garbage Accumulation: Allowing, garbage, litter, filth or refuse of any nature to accumulate within or upon any private alley, yard or area, except when it is temporarily deposited for immediate removal or being composted.
   5. Storage of Personal Property in Public View: The keeping, depositing and scattering over the premises any objects or equipment, which are in public view. Exceptions include home decor, outdoor furniture, garbage containers and temporary placement, no more than thirty (30) days of items for sale or disposal.
   6. Parked vehicles in front yard: Parking of vehicles, trailers or recreational vehicles in the front yard area outside of a driveway and unsheltered.
   7. Inoperable Vehicles & machinery: Storage of more than two unused, stripped or junked machinery, vehicles, implements or equipment which are no longer safely usable for the purposes for which they were manufactured, for a period of thirty (30) days or more (except in licensed junkyards) in public view within the city. Any unregistered passenger vehicle shall be considered unused.
   8. Manure Accumulation: 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.
   9. Slaughterhouses, Feed Yards: Permitting any slaughterhouse, market, meat shop, stable, feed yard or other place or building wherein any animals are slaughtered, kept, fed or sold to remain unclean or in any state or condition detrimental to health or creating a nuisance because of odors, or in which flies or rodents breed.
   10. Discharging Offensive Water Or Liquid Waste: Discharging or placing any offensive water, chemical spray, 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 render the place of discharge offensive or likely to become so.
   11. Collecting Grease, Offensive Matter: Keeping or collecting any stale or putrid grease or other offensive matter.
   12. Flies And Mosquitoes: Having or permitting upon any premises any fly- or mosquito-producing condition.
   13. Public Drinking Vessels: Keeping any drinking vessel for public use without providing a method of decontamination between uses.
   14. Ablutions Near Drinking Fountain: Permitting or performing any ablutions in or near any public drinking fountain.
   15. Boarding House Or Factory, Sanitary Condition: Failing to furnish any dwelling house, boarding house or factory or other place of employment with such privy vaults, water closets, sinks or other facilities as may be required to maintain the same in sanitary condition.
   16. Cleaning Privy Vaults: Neglecting or refusing to discontinue use of, clean out, disinfect and fill up all privy vaults and cesspools or other individual wastewater disposal systems within twenty (20) days after notice from an enforcement officer or official of the city.
   17. Stagnant Water; Offensive Substances: Permitting any lot or excavation to become the repository of stagnant water or any decaying or offensive substances.
   18. Obstructing Public Ways, Watercourses, Parks: Obstructing or tending to obstruct or interfere with or render dangerous for passage any street or sidewalks, lake, stream, drainage, canal or basin, utility line or connection, utility easement, or any public park without first obtaining the written permission of the city council.
   19. Dead or Diseased Trees: Any dead or diseased trees which constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city.
   20. Unmaintained Structures: Structures which have a foundation, exterior wall, and/or roof not maintained in good repair, thus not allowing all rooms and other interior areas to be weathertight, watertight, and rodentproof and be maintained in good condition. This includes broken windows and surfaces which are not painted, stained, or constructed of decay-resistant materials to protect and preserve the safety and appearance of the structure. Structures which are under active construction are not considered unmaintained. Active construction shall be considered for up to 18 months.
   21. Improper Buildings and Structures: Buildings and structures that have been constructed in violation of Nibley City code and regulations, including permit requirements, setback requirements, conservation restrictions, no-build zones, public utility and other easements, or plat restrictions.
3. Enumeration: 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.

All restrooms or sewer facilities shall be constructed and maintained in accordance with Utah law and city ordinances. All such facilities that do not comply with such provisions are hereby declared to be a nuisance and are subject to abatement as herein prescribed. All restrooms or sewer facilities shall be constructed and maintained in accordance with Utah law and city ordinances. All such facilities that do not comply with such provisions are hereby declared to be a nuisance and are subject to abatement as herein prescribed.

1. It shall be unlawful for any person to permit any drainage system, canal, ditch, basin, conduit or other watercourse of any kind or nature, natural or artificial, to become so obstructed as to cause the water to back up and overflow therefrom, to be diverted or drained onto other property without authorization, or to become unsanitary.
2. Creating or allowing the existence of any such obstructed watercourse in such condition shall constitute a nuisance and the same shall be subject to abatement.

The City Manager, or designee, may enforce the provisions of this chapter, including the issuance of administrative citation, according to the proceedings of NCC 1.08.040.

1. Infraction: Any owner subject to this chapter who shall fail to comply with the notice or order given pursuant to this chapter shall be guilty of an infraction and, upon conviction thereof, subject to penalty as provided in NCC 1.08.010 for each offense, and further sum as listed on the current approved Consolidated Fee Schedule. For nuisances, the individual shall be subject to prosecution for each 14-day time period the violation continues.
2. Class C Misdemeanor: Any owner subject to this chapter who shall fail to comply with the notice or order given pursuant to this chapter may be charged with a class C misdemeanor if the nuisance threatens the health, safety, or welfare of the individual or an identifiable third party or the individual has been convicted of a violation of this chapter on three previous occasions within the past 12 months.
3. Criminal Proceedings: Compliance by any owner subsequent to the commencement of criminal proceedings as provided in this chapter shall not be admissible in any criminal proceeding brought pursuant to this section.

"Weeds" shall include any vegetation commonly referred to as a weed or which shall have been designated a noxious weed by the Utah commissioner of agriculture.

1. Conditions Constituting Nuisance: It is hereby declared that weeds constitute a nuisance when they:
   1. Create a fire hazard, a source of contamination or pollution of the water, air or property, a danger to health, a breeding place or habitation for insects or rodents or other forms of life hazardous to humans, or are unsightly or deleterious to their surroundings.
2. Height Limitation: It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the city of Nibley to suffer or permit grass, weeds or brush that is uncultivated to grow to a greater height than on any lot, tract, parcel or land within the corporate limits of the city of Nibley.
   1. This shall not apply to those tracts engaged in agricultural production.
3. Removal: The cut weeds shall be removed from the hours after cutting.

It shall be an infraction and subject to penalty as provided in NCC 1.08.010 for any person owning or occupying real property to allow weeds to grow higher on such property than is permitted by this chapter or not to remove from such property any cuttings of such weeds or any refuse, unsightly or deleterious objects after having been given notice.

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

BIN: means a watertight metal or heavy plastic receptacle with a hinged plastic lid and a capacity of between one (1) and eight (8) cubic yards, designed or intended to be mechanically dumped into a packer type truck and provided to the City by the City Collector.

CART: means a watertight heavy plastic receptacle with a rated capacity of approximately sixty-four (64) or ninety-six (96) gallons, having a hinged, tight-fitting lid, and two (2) wheels and provided to the City by the City Collector.

CITY COLLECTOR: means the provider currently established by resolution of the City Council. 

COMMERCIAL PREMISE: means (i) Multi-Family Complexes, and (ii) Premises at which business or governmental activity is conducted, including, but not limited to, retail sales, services, medical facilities, wholesale operations, manufacturing and industrial operations, governmental operations, and schools. 

COMMERCIAL GARBAGE: Refers to garbage produced in commercial establishments, public or quasi-public institutions or establishments, including restaurants, hotels, motels and similar establishments.

CONSTRUCTION AND DEMOLITION DEBRIS: All garbage resulting from construction, remodeling, repair, or demolition, including remnants of new construction materials, roofing materials, carpeting, scrap metal, building materials, packaging, and green waste from landscaping.

CONTAINER OR REGULATION CONTAINER: A Bin, Cart, or Roll Off type of garbage or trash container of galvanized metal or other approved material and having a tightfitting lid or properly and sufficiently treated weather resistant paper bag manufactured specifically for use in garbage and refuse collection.

DWELLING UNIT: means any individual living unit that includes a kitchen, and a room or suite of rooms, and is designed or occupied as separate living quarters for an individual or group of individuals. However, Dwelling Unit does not include a hotel or motel unit.

GARBAGE: All putrescible and non-putrescible wastes that are not prohibited waste.

GREEN WASTE: Lawn cuttings, clippings from bushes and shrubs, leaves and trees and tree branches, and other vegetative matter from normal yard and landscaping maintenance.

MULTI-FAMILY COMPLEX: means any Premises with four (4) or more Dwelling Units, where such Dwelling Units receive centralized Collection Services (and not individualized Cart-based Collection Services).

MULTI-FAMILY DWELLING: means a Dwelling Unit in a Multi-Family Complex.

OVERAGE: is defined as (i) Refuse, Recyclables or Green Waste exceeding its Container’s intended capacity such that the lid is lifted by at least ten inches (or would be lifted by at least ten inches if lowered) or (ii) Refuse, Recyclables or Green Waste placed on top of or in the immediate vicinity of the Container, in bags or otherwise.

PREMISES: means any parcel of real property in the City where Solid Waste is generated or accumulated.

RECYCLABLES: means aluminum cans, PET bottles with the symbol #1 with screw tops only, HDPE plastic bottles and containers with the symbol #2 (milk jugs, detergent containers, and shampoo bottles, etc.), PP plastic bottles and containers with symbol # 5 (ex. yogurt containers, syrup bottles), steel and tin cans, glass food and beverage containers – any color, newspaper, mail, uncoated paperboard (Cereal boxes, food and snack boxes), old corrugated containers/cardboard (uncoated) (moving boxes, pizza boxes), magazines, glossy inserts and pamphlets.

RECYCLING: The process of collection materials diverted from the waste stream for reuse.

RECYCLING BIN: Any receptacle made available to the public by a governmental entity or private business for the collection of any source separated item for recycling purposes.

REFUSE: All waste matter, except garbage, attendant or resulting from the occupancy of residences, apartments, hotels or other places of dwelling and from the operation of a business. Refuse shall not be deemed to include industrial waste or waste matter resulting from the construction, demolition or repair of a building or other structure.

RESIDENTIAL GARBAGE: Garbage produced in places of private residence and dining halls not open to the public.

RESIDENTIAL PREMISES: means a Single-Family Premises.

PROHIBITED WASTE: Any radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, regulated medical or hazardous waste, toxic substance or material, tires, and other materials not permitted to be collected and disposed of as garbage or recyclables.

SOLID WASTE: means all putrescible and non-putrescible solid, semi-solid, and liquid wastes that are generated or coming to exist in the City, including discarded Recyclables and Green Waste, but excluding Unacceptable Waste.

UNACCEPTABLE WASTE: means any waste tires, radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, regulated medical or hazardous waste, toxic substance or material, as defined by, characterized, or listed under applicable federal, state, or local laws or regulations, any materials containing information protected by federal, state or local privacy and security laws or regulations (unless tendered to the City Collector pursuant to a separate agreement), or any material the acceptance or handling of which would cause a violation of any applicable statute, rule or regulation, damage to the City Collector’s equipment of facilities, or present a substantial endangerment to the health or safety of the public or the  City Collector’s employees. Title to and liability for Unacceptable Waste shall remain with the generator at all times.

1. The city, through its designated agent or contractor, shall have the exclusive right to collect, remove, and dispose of all residential and commercial garbage, including recyclables, green waste, and construction and demolition debris from all properties within the city. All such garbage and recyclables shall be collected, removed, and disposed of with such frequency and in such manner as the city council may from time to time establish by regulation or contract.
2. Except as otherwise expressly permitted by this chapter, no garbage or recyclables shall be moved or hauled away or transported upon the streets or public ways of the city except by the city through its designated agent or contractor. It is hereby declared to be unlawful for any person, except as permitted in this chapter, to haul or remove garbage or recyclables in the city.
3. Commercial establishments, public or quasi-public institutions and establishments creating commercial garbage, and all builders, contractors, and other persons engaged in the business of construction or demolition, shall use the city’s designated agent or contractor for the collection and removal of commercial garbage and construction and demolition debris.
4. Nothing contained in this section shall preclude a resident of a property from hauling their own garbage generated by or from their property over the streets and alleys of the city for the purpose of disposing of the same at an authorized disposal area or facility, or for a person to sell or donate recyclables.
5. Nothing in this section shall be construed as eliminating the charge made for garbage or recycling collection service.
6. It shall be unlawful for more than one Single-Family Premises to share the same Collection Services account with the City.
7. Except as may occur through ordinary wear and tear, it shall be unlawful for any person to lose, damage or destroy any Container.
8. It shall be unlawful for any person to intentionally remit any Unusable Waste in any Container with the purpose of the Unusual Waste being picked up as part of Collection Services.

1. Established: The service charge for garbage and recycling collection shall be established by resolution from time to time by the city council.
2. Applicability: Charges shall apply to all residences, business establishments, and other properties in the city.
3. Billing:
   1. The garbage service charges above imposed by this section shall be added to the charge made for water furnished through the water system of the city and shall be billed and collected in the same manner as water service charges are billed and collected.
   2. In the event that the obligee for the water service charges and the obligee for the garbage service charges do not coincide, or in the event that practical economic and administrative reasons do not make combined billing and collection feasible, in the opinion of the city council, the garbage service charges may be collected with such frequency and in such manner as the city council shall by regulation provide.

It shall be unlawful for any person who does not possess an unrevoked permit from the Cache County service area no. 1, in addition to any business license required by the city, to engage in the business of refuse collection or refuse disposal for compensation in the city. The Cache County service area no. 1 shall issue permits for such applicants; provided, that such permits shall be limited to persons having proper equipment and personnel to collect and dispose of refuse in accordance with the provisions of this chapter; and that no permit shall be required of any agency acting under contract with the city.

1. Enclosed Bodies; Covering: All public or private vehicles used for the collection or disposal of refuse shall have enclosed bodies or suitable provision for covering the body. Provision and use of a tarpaulin or canvas cover to enclose open bodies of collection vehicles for personal disposal of garbage or recyclables, as authorized by this chapter, shall be required.
2. Sanitation; Maintenance: Vehicles used for the collection or disposal of garbage, or of refuse containing garbage, shall: 1) have watertight, metal bodies of easily cleanable construction; 2) shall be cleaned at sufficient frequency to prevent nuisance or insect breeding; and 3) shall be maintained in good repair.

1. No Accumulation Of Garbage: It shall be unlawful for any person to accumulate garbage or refuse or cause garbage or refuse to be deposited upon any street, alley, or other public property, or upon any private premises in the city without express permission from the City Manager. The City Manager  may permit the feeding or processing of garbage or refuse upon premises properly equipped and maintained so as to prevent the creation of a nuisance or a hazard to health, or permit the depositing of ashes and other dry material for filling purposes at such places as the City Manager may designate and under such restrictions as the city council may by regulation impose.
2. 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-resistant paper bags manufactured specifically for use in garbage and refuse collection, or plastic bags manufactured specifically for use in garbage and refuse collection.
3. Closing Of Containers Required: All garbage and market waste must be placed in rainproof and flyproof receptacles of the type herein required and the receptacle shall be tightly closed in such manner as to prevent offensive odors or flies.
4. Time And Place Of Pickup:
   1. All garbage and refuse subject to garbage collection by the city shall be placed at a pickup point at or near the premises designated from time to time by regulations adopted by the city council and at such time or times as shall be designated by regulations of the city council.
   2. Until otherwise provided by regulation, garbage and refuse must not be set out upon the street for collection prior to the evening of the day before collection and must be set out on the day of collection before the hour of collection designated by regulations of the city council.
   3. 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. Receptacles shall not be permitted to remain on any street longer than may be necessary for the removal of the contents.
5. Community Waste:

   The city council from time to time may provide for the collection and disposal of community waste through community clean-up or bulk waste collection services as the city may decide to collect and haul in connection with its regular garbage, waste collection and disposal service.

Any authorized employee or agent of Cache County service area no. 1, after identifying himself, shall have the power to enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of the provisions of this chapter and where necessary, shall obtain a search warrant from a court having jurisdiction.

1. Violations of this chapter may be enforced by any means available to the city, including by abatement, administrative citation, or criminal prosecution. Violations shall constitute infractions, and each day that the violation continues shall constitute a separate offense.

1. Placing Prohibited Items In Bins or carts: No person shall place any prohibited waste in a garbage, recycling, or other collection. The city, or the City Collector, shall provide a warning prior to further enforcement actions related to the placement of prohibited waste in collection bins, which warning shall provide a list or description of prohibited waste.
2. Litter In Vicinity Of Bins: No person shall leave litter, items or debris on the ground around and in the vicinity of garbage, recycling, or other collection bins.

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 indirectly promoting 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 the purpose of private gain or profit. However, the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, 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 is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by any law of this state, or under any ordinance of the city; or
4. Which, while containing reading matter other than advertising matter is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.

GARBAGE: Waste from the preparation, cooking or consumption of food, condemned food products and all refuse and waste from the handling, storage, preparation and sale of produce. Garbage originates primarily in kitchens, stores, markets, restaurants, hotels and other places where food is handled, stored, sold, cooked and consumed.

LITTER: "Garbage", "refuse" and "rubbish", as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety, welfare or appearance of the city.

NEWSPAPER: Any newspaper of general or local circulation or any periodical or current magazine regularly published with not less than four (4) issues per year and sold to the public.

NONCOMMERCIAL HANDBILL: Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a "commercial handbill" or "newspaper".

PARK: A park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city.

REFUSE: Putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.

RUBBISH: Nonputrescible solid wastes consisting of both combustible and noncombustible waste, such as paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

VEHICLE: 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 or tracks.

No person or business shall or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device calculated to attract the attention of the public upon any or part of any way or public or any lamppost, electric or railway structure, hydrant, shade or tree box, or upon the columns, trusses, girders, railings, gates or other parts of any bridge or other public structure or building, or upon any pole, box or fixture of the fire alarm or police telegraph system, except such as may be authorized or required by the laws of the United States or state, and the ordinances of the city. 

1. Public Places: No person shall throw or deposit litter in or on any street, sidewalk or other public place except:
   1. In authorized receptacles for collection or in official city garbage dumps; or
   2. For collection as authorized by the city council.
2. Placement In Receptacles: 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 other public place or on private property.
   
3. Sweeping Into Gutters Prohibited: 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, except as authorized by the city council. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
   
4. Merchants' Duty To Keep Sidewalks Clear: 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 any public or private sidewalk or driveway. Persons owning or occupying places of business shall keep the sidewalk in front of their business premises free of litter.
   
5. Thrown By Person In Vehicle: 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.
   
6. 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 deposited on any street, alley or other public place. Nor shall any person drive or move any vehicle or truck, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.
   
7. 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 the elements on any part of the park or on any street or other public place. Where authorized receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
   
8. Lakes And Fountains: No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the city.
   
9. 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 may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements on any street, sidewalk or other public place or on any private property.
   
10. Vacant Lots: No person shall throw or deposit litter on any open or vacant private property, whether or not owned by such person.

1. Throwing Or Distributing In Public Places; Penalty: No person shall throw or deposit any commercial or noncommercial handbill in or on any sidewalk, street or other public place within the city. Unless otherwise authorized by the city council, it is an infraction and, upon conviction thereof, subject to penalty as provided in NCC 1.08.010 for any person to hand out, distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
   
2. Placing On Vehicles: Unless otherwise authorized by the city council, no person shall throw or deposit any commercial or noncommercial handbill in or on any vehicle; provided however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
   
3. Depositing 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.
   
4. Prohibiting Distribution 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 on said premises in a conspicuous position near the entrance thereof a sign being the words "No Trespassing", "No Peddlers or Agents", "No Advertisements", or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or to have their right of privacy disturbed or to have any such handbills left on such premises.
   
5. Distributing 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 handing or transmitting any such handbill directly to the owner, occupant or other person then present in or on such private premises. However, in case of inhabited private premises which are not posted, as provided in this section, such person, unless requested by anyone on such premises not to do so, may place or deposit any such handbill in or on such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when prohibited by federal postal law or regulations.
   
6. Exception 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 a manner so as to prevent their being carried or deposited by the elements on any street, sidewalk or other public place or on private property.
   
7. 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 any public structure or building, except as may be authorized or required by law.

1. Established: The Bear River district health department is hereby designated as the board of health of the city.
   
2. Powers And Duties:
   1. Contract With Health Department: The city may contract with the Bear River district health department on such terms and conditions as the parties may agree to enforce the provisions of this chapter and such other ordinances of the city which authorize or require action or impose any duty on the board of health.
   2. Adopt Rules And Regulations: The board of health shall adopt such rules and regulations as it shall deem necessary to govern its meetings and conduct.
   3. Review And Approve Applications And Permits: The board of health shall review and approve all applications for permits to operate any business or engage in any construction for which a permit is required from the board of health, pursuant to any ordinances or regulations of the city.
   4. Recommend Rules And Regulations: The board of health shall recommend to the mayor for promulgation by the city council such health rules, regulations and ordinances as it deems necessary for the health of the persons within the city.

1. Position Created: The health director of the Bear River district health department is hereby designated as the health director of the city.
   
2. Powers And Duties:
   1. Appoint Or Designate Assistant: The health director may appoint or designate any qualified person to act as his assistant for the purpose of enforcing the ordinances of the city.
   2. Enforce Terms And Conditions Of Contract: Subject to the terms and conditions of the contract between the Bear River district health department, the health director shall:
      1. Be the executive officer of the board of health.
      2. Enforce all ordinances of the city and the state which relate to the health and welfare of the residents of the city.
      3. Enforce all rules, regulations and ordinances relating to:
         1. Producing, storing, keeping, and selling meat, dairy or other foods or food products.
         2. The quarantine and disposal of all animals affected with any contagious or infectious diseases. 
            
      4. Have the power to impose and maintain a strict quarantine of all infected persons and premises having contagious or infectious diseases, and to require such persons or premises to be disinfected.
      5. Have the right and authority, when he shall deem necessary to secure or preserve the public health, to enter into or upon any premises, building or other places during the daytime to examine, analyze or test any building, structure, premises, product or goods manufactured, stored or kept within the city for the purposes of enforcing this chapter.

1. Food Or Food Products For Human Consumption: Handling, selling, offering for sale, preparing or serving any food or food products or beverages or water intended for human consumption.
2. Public Swimming Pool: Operating or permitting public access to any public swimming pool.
3. Public Dump: Commercially operating any public dump, garbage or refuse collection or disposal facility, or cleaning out or installing any privy, cesspool or septic tank.
   
4. Fumigation Of Pests: Fumigating or eradicating pests, insects, vermin or any other infestation from any building occupied or to be occupied by humans.

1. Made To City Recorder: Applications for a permit from the board of health shall be made in writing to the city recorder.
   
2. Referral; Recommendation: The application shall be referred by the city recorder to the board of health for review and recommendation. The board of health shall then forward the application with its recommendation to the mayor for approval or disapproval by the city council.

It is a class B misdemeanor and, upon conviction thereof, subject to penalty as provided in NCC 1.08.010 for any person to sell or offer for sale any unwholesome food or beverage which has been condemned by any government food inspector. 

1. Upon Vacating Premises: It shall be unlawful for any person, upon vacating or moving from any dwelling, storeroom or other building, to fail to remove all garbage, rubbish or ashes from such building or premises and the grounds appurtenant thereto, or to fail to place the same in a thoroughly sanitary condition within twenty four (24) hours after the premises are vacated.
   
2. Rental Property: In situations where rental property is so vacated, the owner of the property shall be concurrently responsible with the tenant thereof for compliance with this section.

1. Conform To Standards: It shall be unlawful for any person to discharge or permit the discharge of any sewage or filth from any premises into and upon any public highway, stream, watercourse or public place, or into any drain, cesspool or private waste water disposal system which does not conform to standards established by the state division of health or by the city.
   
2. Connection To Public Sewer System: The health director may order a connection for sewage disposal to be made with the public sewer system provided by the city if such is available; provided, that the public sewer system is within three hundred feet (300') of the premises.
   
3. Prevention: 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 the city.

The health director shall have power to require the prompt repair of all leaks or other defects in plumbing throughout the city. He shall have power to condemn and abate all plumbing which is deficient under the plumbing ordinances. When, in the opinion of the health director, a change in occupants, type of business or other cause requires changes in plumbing, he shall have the power to compel the installation of an increased number of plumbing fixtures and a change in their type or capacity, and to make such other alterations or increases as may be necessary for the health and safety of the occupants of the building and of the public generally.

The following ordinance which shall be effective as provided herein shall govern the time, place and manner of holding certain special events on City roads or on City property, when an event's impact upon City services exceeds those regularly provided. The regulations provided herein are enacted in order to promote the health, safety and welfare of all the persons in the City, residents and visitors by ensuring that special events do not create disturbances, become nuisances, menace or threaten life, health, and property, disrupt traffic or threaten or damage private or public property. It is not the intent of this ordinance to regulate in any manner the content of speech or infringe upon the right to assemble, except for the time, place and manner of speech and assembly, and this Chapter should not be interpreted, nor construed otherwise.

This chapter imposes regulatory requirements on certain activities which are held on City streets and City property which are defined as “special events”. The requirements imposed by this chapter do not alter, supersede or nullify any requirements contained in other statutes, ordinances or regulations which may also regulate these same activities. These requirements shall be applied in a content-neutral manner and without discrimination as to race, religion, sex, national origin, political affiliation or other unlawful discriminatory classification. This chapter shall not apply to the following events:

1. Events or assemblies occurring inside permanently established, fully enclosed places of assembly such as a place of worship, public auditorium, theater, recreation hall, gym, or other enclosed structure designed primarily for housing and assembly of people, provided that the maximum number of persons expected to attend or in actual attendance does not exceed the maximum capacity of the enclosed place of assembly.
2. Events or assemblies in conjunction with Nibley Heritage Days, school events on school property, church events on church property, or government sponsored public hearings.

For the purpose of this chapter, the following words shall have the following meanings:

1. "Athletic event" means an organized competitive or recreational event in which a group of people collectively engage in a sport or form of physical exercise, including but not limited to running, jogging, walking, bicycling or skating, on any City street in Nibley City or upon public property in Nibley City.
2. "Block Party" means a neighborhood gathering of less than 100 people, sponsored solely by owners, residents or tenants of properties fronting a street, which causes an obstruction or closure of the street, or a portion thereof, to vehicular traffic and use of the street for the gathering.
3. "Entertainment event" means an organized event having as its primary purpose the entertainment or amusement of a group of people, including but not limited to parades, carnivals, fairs, concerts, block parties or neighborhood gatherings where attendance exceeds 100 people, or which is held on public property in Nibley City.
4. "Political event" means an organized event, not including an athletic or entertainment event, having as its primary purpose the exercise of expressive activities of a political nature, including but not limited to speech making, picketing, protesting, marching, demonstrating or debating public issues, on any City street in Nibley City or upon property owned by Nibley City.
5. "Special event" means any athletic event, entertainment event or political event, whether held for profit, non-profit or charitable purposes.

It is unlawful for any person, corporation, partnership, association or other entity, public or private, to promote, advertise or hold a special event without first obtaining a special event permit and paying the fees as required in this chapter.

The provisions of this chapter shall not be applied to regulate the use of traditional public forums as alternative channels of communication by the public, provided such use is for the free exercise of constitutionally protected activities and does not disrupt or interfere with traffic on public streets or the use of public places by other members of the public.

Special Event Permit application forms may be obtained from the Nibley City Planner, 455 W. 3200 S. Nibley, UT 84321

1. All applications for special event permits shall be made on a special event permit application form and shall include the following information:
   1. Type and description of event;
   2. Name of the sponsoring entity, contact person, address and phone number;
   3. Name of the promoting entity, contact person, address and phone number;
   4. Proposed date(s) of the event, with beginning/ending times for each date;
   5. Proposed location, including a plat or map of the proposed area to be used, including any barricade, street route plans or perimeter/security fencing;
   6. Estimated numbers of event staff, participants and spectators;
   7. Public health plans, including plans for water, garbage collection and disposal and waste water (toilet facilities), if applicable;
   8. Fire prevention and emergency medical services plans, if applicable;
   9. Security plans and/or law enforcement response, if applicable;
   10. Admission fee, donation, or other consideration to be charged or requested;
   11. Signature of applicant;
2. If the event is a block party or other event planned within a residential area, the applicant must collect and submit with the application form a list of signatures consenting to the street closure from all neighbors whose vehicular access to their property is affected by the event.
3. In reviewing an application, the City shall consider the following:
   1. The impact of the special event on the traffic, security, health and safety of the public and the plans of the applicant to address such impacts;
   2. A determination by the agency that the plans for addressing any such impacts are appropriate and reasonable to address traffic, security, health and safety concerns are satisfactory;
   3. The demonstrated ability of the applicant to comply with requirements necessary to protect the safety, health and welfare of the public and the past history of the applicant in complying with such requirements;
   4. The location and duration of the special event and the City's ability to accommodate the event with the necessary resources; and,
   5. Other previously approved events that could cause scheduling conflicts during the same period and cause over extension of the City's resources.
4. The City may impose additional requirements or conditions necessary to protect the public interest by ensuring traffic management, security of property, or the health and safety of the public.

1. No special event permit shall be issued unless and until the applicant has submitted a certificate of insurance, listing Nibley City as an additional insured, on an occurrence policy issued by an insurance company authorized to do business in the state, showing comprehensive general liability and property damage coverage for the event with minimum limits of One Million Dollars ($1,000,000) for injury or death for one person in any one occurrence; Three Million Dollars ($3,000,000) for injury or death for two or more persons in any one occurrence; and Five Hundred Thousand Dollars ($500,000) for property damage in any one occurrence.
2. The following special events shall be exempt from the insurance requirements set forth in this section:
   1. Political events;
   2. School events on school property;
   3. Events sponsored in whole by the City; and,
   4. Block parties.
3. In consideration for the issuing of a special event permit, the applicant shall agree to indemnify, save harmless and defend the City, its officers and employees, against any claim for loss, damage or expense sustained by any person on account of injury, death or property damage occurring by reason of or arising out of the special event.
4. By issuing a special event permit, Nibley City makes no guarantees and assumes no liability for the safety of participants or spectators of special events.

1. Nibley City will not charge a fee for the issuance of a special event permit.
2. In order to promote, protect and assure the safety and convenience of the people in their use of public streets, public places, and/or private property, the Cache County Sheriffs Office shall coordinate the use of professional peace officers if the special event requires traffic control or police protection. If a fee is required, the Sheriffs Office shall so specify the fee required and the fee shall be paid prior to the issuing of the special event permit.
3. Fees may be charged by the Bear River Health Department, the Cache County Sheriffs Office, Cache County Fire/EMS or other agencies for special services, equipment or facilities provided by these agencies. Such fees shall be specified at the time the agency approves the special event permit application and shall be paid directly to the agency prior to the issuing of the special event permit.

1. Completed application forms shall be submitted to the permits section at least thirty calendar days before the event is scheduled to take place, in order to allow sufficient time for final evaluation of the application and to allow timely appeal to the Nibley City Council in the event the application is denied. Applications submitted less than thirty calendar days prior to the scheduled event shall be denied unless the applicant demonstrates to the City Council that compliance with the thirty-day deadline was impractical or impossible due to the nature of the event.
2. A special event permit application may be approved and a permit issued to the applicant by the permits section of Nibley City upon approval as specified herein. The permits section shall notify the City Council and all affected agencies of all special events permits issued pursuant to this chapter.
3. Nibley City has no authority to approve or permit events other than in Nibley City. Permits issued by Nibley City apply only to the City, and if an event crosses into a municipality across the City line, applicants should determine if a permit is necessary in the other jurisdiction.
4. Nibley City reserves the right to deny permit applications for proposed special events which pose a significant danger or threat to the public health, welfare or safety, or which may result in unreasonable inconvenience or cost to the public.
5. If a special event permit application is denied, the reason or reasons for denial shall be provided in writing to the applicant.
6. If a special event permit has been approved by another entity, such as Cache County, for an event that only partially occurs in NibleyCity, a separate special event permit from Nibley City is not necessary, unless the event involves the use of Nibley City park facilities.

Any permit applicant desiring to appeal an administrative decision concerning the denial of a special event permit may petition the City Council. All appeals shall be in writing, shall state the specific grounds for the appeal, and shall be filed at City Hall within seven (7) calendar days after the date the applicant received notice of the administrative denial. An applicant aggrieved by the decision of the City Council may seek judicial review of such decision pursuant to any other applicable ordinance, statute or rule providing for such review.

A violation of this ordinance shall be a Class B misdemeanor. The Cache County Sheriffs Office, in its discretion, may stop an event which has been issued a permit and/or may issue citations where event staff or participants violate other state statutes or City ordinances, terms or conditions specified in the application, and including but not limited to traffic rules and regulations, disturbing the peace, public nuisance, failure to disperse, trespass, or other health and safety regulations.

This chapter is designed and enacted for the purpose of promoting the safety and health of the citizens and youth of the city and for the removal of graffiti from structures within the city in a way that will enhance the appearance of property and reduce communication between criminal elements.

For purposes of this chapter, the following definitions apply:

ENFORCEMENT AGENT: Any person or department designated by the city to enforce the provisions of this chapter.

GRAFFITI: The unauthorized spraying of paint or markings of ink, chalk, dye or other similar substances on public and private structures. For the purposes of Utah Code § 10-11-1 et seq., graffiti is deleterious and unsightly.

OBLITERATE: To conceal from view any condition which is considered a violation of this chapter which is visible from the street or from any other public property, or which is visible from private property whose owner thereof has requested the removal of the condition which is considered a violation of this chapter.

OWNER: Any person, who alone or jointly or severally with others:

1. Has legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
2. Has charge, care or control of any premises, dwelling or dwelling unit, as legal or equitable owner, agent of the owner, lessee, or is an executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner.

PERSON: Any individual, public or private corporation and its officers, partnership, association, firm, trustee, executor of an estate, the state or its departments, institution, bureau, agency, municipal corporation, county, city, political subdivision, or any legal entity recognized by law.
PROPERTY: Any form of real property, including a habitable structure or any structure that is appurtenant thereto, object, or anything that is visible or tangible, specifically including, but not limited to, hedges, automobiles, trucks, fences, walls, water and storage tanks, or any other object that can be defaced with graffiti.

All maintenance, removal and control of graffiti in this chapter shall be subject to the direction and control of the enforcement agent.

It shall be unlawful for any person owning or occupying property within the city, after receiving written notice from the city's enforcement agent, to fail to remove or obliterate any graffiti from or on any structure located upon any property within the city, when the graffiti is visible from the street or other public property, or which is visible from private property whose owner thereof has requested the removal of the condition which is considered a violation of this chapter.

1. Notice Required: If the enforcement agent has inspected any property and has determined that graffiti exists on a structure which is visible from the street or from some other public property, or is visible from private property whose owner thereof has requested the removal of the condition which is considered a violation of this chapter, the enforcement agent shall give notice of the violation to the owner or other responsible person thereof.
   
2. Contents Of Notice: Prior to initiating a court complaint for a violation of this chapter, the enforcement agent shall issue a written notice to the property owner, which notice shall:
   1. Describe the property;
   2. Give a statement of the cause for its issuance;
   3. Set forth an outline of the remedial action that complies with the provisions of this chapter; and
   4. Set a reasonable time for the performance of any required remedial act of not less than five (5) days nor more than ten (10) days.
3. Service Of Notice: Notice to the property owner, required by this section, shall be served in one of the following ways:
   1. Served in person;
   2. Sent by certified mail to the last known address of the owner or other responsible person; or 
   3. If the notice cannot be served either in person or by certified mail, the notice can be published in a newspaper of general circulation.

The enforcement agent designated by the city shall be authorized to make examinations and investigations of all real property located within the city, to determine whether owners of such property are complying with this chapter, and to enforce their provisions. The enforcement agent is authorized to obtain an administrative warrant to allow entry onto private property for the purposes of enforcement of this chapter or for carrying out the duties of the enforcement agent pursuant to this chapter.

1. Inspections: It shall be the duty of the enforcement agent, upon the presentation of proper credentials, to make inspections of any property as is necessary to ensure compliance with these regulations.
   
2. Consent; Warrant: Inspections may be made with consent of the owner or other responsible person. If consent is not granted, a search may be made pursuant to an administrative search warrant issued by a court of competent jurisdiction.
   
3. Report Of Facts: If requested, the owner or other responsible person of any property shall receive a report setting forth all facts found that relate to the owner's compliance status.
   
4. Failure To Comply: If the responsible person shall fail to remove or obliterate graffiti after a notice has been issued by the enforcement agent pursuant to NCC 7.14.050, the enforcement agent may, in addition to any other available legal action, cover, clean, remove or otherwise obliterate any graffiti that violates this chapter. Thereafter, the enforcement agent, upon completion of any work, shall:
   1. Prepare an itemized statement of all costs, including administrative expenses of removing or obliterating graffiti; and
   2. Mail a copy of the itemized statement of costs to the responsible person, demanding payment of said costs to the city treasurer within twenty (20) days of the date of mailing. Notice to the owner shall be deemed served if accomplished pursuant to NCC 7.14.050.
5. Suit; Judgment: If the owner fails to make any required payments allowed under this section within the specified period of time, the city shall file suit, and if the city prevails, it shall receive a judgment for all expenses, together with reasonable attorney fees, interest and court costs. The city may execute on such judgment in the manner provided by law.
   
6. Collection Through Taxes: If the enforcement agent elects to refer the collection of expenses to the city treasurer for inclusion in the tax notice of the property owner, the enforcement agent shall make an itemized statement of all expenses incurred and shall deliver four (4) copies of the statement to the city treasurer, who shall deliver three (3) copies of said statement to the county treasurer within ten (10) days after the completion of the work for collection by the county treasurer pursuant to state law.

Within ten (10) calendar days after the enforcement agent has given a notice of violation, any person aggrieved by the notice may request, in writing, a hearing before a hearing officer designated by the city. The hearing shall take place within ten (10) calendar days after the request. A written notice of the hearing officer's final determination shall be given within ten (10) calendar days after adjournment of the hearing.

1. Misdemeanor: Any person who is found guilty of violating any of the provisions of this chapter, either by failing to do those acts required herein or by doing a prohibited act, is guilty of a class C misdemeanor and, upon conviction thereof, subject to penalty as provided in NCC 1.08.010.
   
2. Separate Violation Each Day: Each day such violation is committed or permitted to continue shall constitute a separate violation.
   
3. Legal Action To Abate: The city attorney may initiate legal action, civil or criminal, requested by the enforcement agent to abate any condition that exists in violation of these rules and regulations.
   
4. Liability For Removal Expenses: In addition to other penalties imposed by a court of competent jurisdiction, any person found guilty of violating any of these rules and regulations shall be liable for all expenses incurred by the city in removing or abating any graffiti.