1. Creation: There is hereby created a department of streets, which shall have general supervision of streets, sidewalks, bridges and other public ways.
   
2. Superintendent: The department shall be under the direction and control of the public works director.
   
3. Powers And Duties: The department shall:
   1. Have charge of the construction, maintenance and repair of streets, sidewalks, bridges, curbs, gutters, culverts, drains, waterways and other public ways. It shall have control of all waters flowing on the streets, sidewalks and public ways, whether originating from storm, flood, drainage or irrigation waters.
   2. Keep a record of and promptly investigate all complaints of defective streets, culverts, drains, ditches, sidewalks and other public ways and, when proper, repair, replace or take such action as deemed best, and shall record the action taken on each complaint.
   3. Enforce the provisions of this chapter and all other ordinances relating to the maintenance and use of streets, culverts, drains, ditches, waterways, curbs, gutters, sidewalks and other public ways.
   4. Repair, or cause to be repaired, all defects coming to the department's attention and take reasonable precautions to protect the public from injuries due to such defects pending their repair.

1. Failure To Remove Unlawful: It shall be unlawful for the owner, occupant, lessor or agent of any property, abutting on a paved sidewalk, to fail to remove or have removed from such paved sidewalk, all hail, snow or sleet thereon within 48 hours of the end of a storm.
   
2. Depositing In Gutter Unlawful: It shall be unlawful for any person removing snow from the sidewalk, to deposit snow, dirt, leaves or any other material in the gutter so as to clog or prevent the free flow of water therein.

1. Refuse: Any broken ware, glass, filth, rubbish, sweepings, refuse matter, ice, snow, water, garbage, ashes, tin cans or other like substances.
   
2. Building Materials: Any wagons, lumber, wood boxes, fencing, building material, dead trees, tree stumps, merchandise or other thing which shall obstruct such public street, gutter, parking area or sidewalk, or any part thereof, or the passage over and upon the same, or any part thereof, except as expressly authorized by ordinance, without the permission of the city council first had and obtained.
   
3. Permanent Or Temporary Structures: Any permanent or temporary structure, mechanism, device, vehicle or other thing of any kind or character, except trees planted pursuant to the provisions of applicable ordinances.

It shall be unlawful for any person owning, occupying or having control of any premises to fail, refuse or neglect to prevent water from the roof or eaves of any house, building or other structure, or from any other source under the control of such person, to be discharged upon the surface of any sidewalk.

1. Driving Or Parking: It shall be unlawful for any person to drive or park a self-propelled vehicle, or lead, drive or ride any animal upon any sidewalk, except across a sidewalk at established crossings.
   
2. Businesses To Keep Clean: It shall be unlawful for any owners or occupants of any place of business to refuse, neglect or fail to cause the sidewalk abutting thereon to be swept or cleaned each morning before the hour of nine o'clock (9:00) A.M.
   
3. Placing Goods For Sale Or Show: No goods, wares or merchandise shall be placed, maintained or permitted for sale or show in or on any parking area, street or sidewalk beyond two feet (2') from the front line of the lot, without first obtaining the written approval of the city council. Such approval shall be granted only when such sale or show shall be a promotional activity not exceeding forty eight (48) hours and when participated in by a majority of firms seeking approval in their business areas. The city council's written approval shall specifically provide that no goods, wares or merchandise shall be placed in such a manner as to leave less than a six foot (6') passageway for pedestrians.
   
4. Placing Goods For Receipt Or Delivery: It shall be unlawful for any person to place, or suffer to be placed or kept upon any sidewalk, any goods, wares or merchandise which he may be receiving or delivering, without leaving a foot passageway upon such sidewalk. It shall be unlawful for any person receiving or delivering such goods, wares or merchandise to suffer the same to be or remain on such sidewalk for a longer period than two (2) hours.
   
5. Playing: Every person who obstructs the sidewalk or street by playing any game or engaging in any activity which obstructs the free travel thereon is guilty of an infraction and, upon conviction thereof, subject to penalty as provided in NCC 1.08.010.
   
6. Congregating: It is an infraction and, upon conviction thereof, subject to penalty as provided in NCC 1.08.010 for any person to congregate about or upon any sidewalks, stairway, doorway, window or in front of any business or dwelling house, theater, lecture room, church or elsewhere and by so doing to obstruct or interfere with the free passage of persons entering, leaving or occupying such building or premises.

No person shall drive livestock through the city upon streets not designated for that purpose, except upon permission and according to the direction of the city's law enforcement agency. 

1. Required: No person, either as owner, agent, servant, contractor or employee, shall construct any permanent sidewalk for public use without first obtaining from the public works director a permit to do so. The permit shall specify that the sidewalk be constructed of cement, the character and quality of the cement, the consistent parts of the mixture, and the thickness of the sidewalk.
   
2. Unlawful Violation Of Specifications: It shall be unlawful to construct a sidewalk in violation of the specifications given by a proper city official.
   
3. Inspection: All sidewalks shall be inspected by the public works director or his duly authorized representative.

It shall be unlawful for any person either as owner, agent, servant, contractor or employee to construct a street or sidewalk which does not conform to specifications established by the city engineer or other authorized representative of the city unless special permission to deviate from such specification is first obtained from the city council.

It shall be unlawful for any person to construct a driveway across a sidewalk or cut or change the construction of sidewalk, curb or gutter without first making written application and obtaining from the public works director a permit to do so. The acceptance of such permit shall be deemed an agreement on the part of such person to construct said driveway in accordance with specifications furnished by the city.

It shall be unlawful for any person to occupy or use any portion of the public streets when erecting or repairing any building upon land abutting thereon, without first making application to and receiving from the city council a permit for the occupation or use of such portions of streets for such periods of time and under such limitations and restrictions as may be required by the city council. Any such permit may be revoked by the city council at any time when the holder thereof fails to comply with any rule or regulation under which it is granted, or when, in the opinion of the city council, the public interest requires such revocation.

1. Place, Pile Or Permit: Place or pile or permit to be placed or piled, any sand, gravel, lime, cement, mortar, plaster, concrete or any like substance or mixture, or allow the same to remain on any portion of any paved street or sidewalk.
   
2. Make, Mix Or Permit: Make or mix or permit to be made or mixed any mortar, plaster, concrete or any like substance or mixture on any portion of any paved street or sidewalk.

It shall be unlawful for any person to allow water to overflow from any ditch, canal, well or irrigation stream onto the streets, sidewalks or property of the city.

All owners or occupants of lots in the city who require water from a ditch for irrigation or other purposes shall dig ditches, erect flumes, lay pipes and install culverts, as needed, and maintain the same to convey water under sidewalks to or from their respective lots. All culverts, ditches, pipes and flumes conveying water under sidewalks shall meet such reasonable standards and specifications as may be established by the public works director.

No person shall dig, cut or remove any sod or earth from any street or other public place without a permit from the public works director.

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

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

1. The capacity of the public way to accommodate the facilities or structures proposed to be installed in the public way;
   
2. The capacity of the public way to accommodate multiple wire in addition to cables, conduits, pipes or other facilities or structures of other users of the public way, such as electrical power, telephone, gas, sewer and water;
   
3. The damage or disruption, if any, of public or private facilities, improvements or landscaping previously existing in the public way;
   
4. The public interest in minimizing the cost and disruption of construction from numerous excavations of the public way.

1. Required; Filing: Application for a permit shall be filed with the city engineer on a form or forms to be furnished by the city. Property owners and/or tenants for whom work is being done shall be responsible for obtaining the permits, provided however, contractors may obtain the permit in the contractor's name.
   
2. Eligible Persons: No person shall be eligible to apply for or receive permits to do work within the public ways of the city, save and except the following:
   1. Contractors licensed by the state as general contractors;
   2. Providers;
   3. Property owners installing, replacing or maintaining less than five hundred (500) square feet or one hundred (100) linear feet of sidewalk, curb and gutter, or driveway approach, or other work approved by the city engineer, upon a portion of the public way adjacent to their residence; or
   4. Persons offering a service which requires occupation of the public way, such as scaffold or staging, staging of a crane, installation or maintenance of electric signs, glass, awnings and painting or cleaning of buildings or sign boards or other structures.
3. Denial Based On Past Performances: The city engineer may deny the issuance of permits to contractors, utility companies or other permit applicants who have shown by past performance that, in the opinion of the city engineer, they will not consistently conform to the engineering regulations, specifications, design standards or the requirements of this chapter.
   
4. Engineering Plans; When Required: When necessary, in the judgment of the city engineer, to fully determine the relationship of the work proposed to existing or proposed facilities within the public ways, or to determine whether the work proposed complies with the engineering regulations, construction specifications and design standards, the city engineer may require the filing of engineering plans, specifications and sketches showing the proposed work in sufficient detail to permit determination of such relationship or compliance, or both, and the application shall be deemed suspended until such plans and sketches are filed and approved.
   
5. Approval Required Prior To Commencement Of Work: It shall be unlawful for any person to commence work upon any public way until the city engineer has approved the application and until a permit has been issued for such work, except as specifically approved to the contrary in this chapter.
   
6. Exceptions:
   1. Government Employees: It shall be lawful for a city, county, state, federal or other government employee to perform routine maintenance work, not involving excavations, without first having obtained a permit therefor.
   2. Hand Digging Excavations: A permit is not required from the city engineer for hand digging excavations for installation or repair of sprinkler systems and landscaping within the non paved areas of the public way. However, conformance to all city specifications is required.

1. Authorized: The city shall charge and the permittee shall pay, upon issuance of the permit, fees for costs associated with the work performed under the permit as outlined in the consolidated fee schedule. Such costs could include costs for reviewing the project and issuing the permit, inspections of the project, deterioration of the public way or diminution of the useful life of the public way, and other costs to the city associated with the work to be done under the permit. All costs shall be assessed in a nondiscriminatory manner.
   
2. Waiver; Determination: The city engineer may waive permit fees or penalties, or portion thereof, provided for in this chapter, when he/she determines that such permit fee or penalty:
   1. Low Income Housing: Pertains to construction or rehabilitation of housing for persons whose income is below the median income level for the city; or
   2. Encroachment Involving Beautification Project: Pertains to an encroachment on the public way involving a beautification project which furthers specific goals and objectives set forth in the city's strategic plan, master plans or other official documents, including decorative street lighting, building facade lighting, flower and planter boxes and landscaping.
3. Required Reviews And Inspections: Additional charges to cover the reasonable cost and expenses of any required engineering review, inspection and work site restoration associated with each undertaking may be charged by the city to each permittee, in addition to the permit fee.

1. Evidence Provided; Limits, Provisions: Before a permit is issued, the applicant shall furnish to the city evidence that such applicant has a comprehensive general liability and property damage policy that includes contractual liability coverage endorsed with the following limits and provisions, or with such alternative limits and provisions as may be approved by the city:
   1. A minimum of one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage and not less than one million dollars ($1,000,000.00) in the aggregate. The general aggregate limit shall apply separately to the permit, or the general aggregate limit shall be two (2) times the required occurrence limit. The coverage shall be in the nature of broad form commercial general liability coverage. The city attorney may increase or decrease minimum insurance limits, depending on the potential liability of any project.
   2. All policies shall include the city, its employees, officers, officials, agents, volunteers and assigns as insured. Any reference to the "city" shall include the city, its employees, officers, officials, agents, volunteers and assigns.
   3. The coverage shall be primary insurance as respects the city, its employees, officers, officials, agents, volunteers, and assigns. Any insurance or self-insurance maintained by the city, its employees, officers, officials, agents, volunteers and assigns shall be in excess of the permittee's insurance and shall not contribute to or with it.
   4. Any failure to comply with reporting provisions of the policy shall not effect coverage provided to the city, its employees, officers, officials, agents, volunteers and assigns.
   5. Coverage shall state that the permittee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
   6. Underwriters shall have no right of recovery or subrogation against the city, it being the intent of the parties that the insurance policy so affected shall protect both parties and be primary coverage for any and all losses covered by the described insurance.
   7. The insurance companies issuing the policy shall have no recourse against the city for payment of any premiums due or for any assessments under any form of any policy.
   8. Each insurance policy shall be endorsed to state that the coverage shall not be suspended, voided, canceled or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, sent to the city.
   9. Each policy shall be endorsed to indemnify, save harmless and defend the city and its officers and employees against any claim or loss, damage or expense sustained on account of damages to persons or property occurring by reason of permit work done by the permittee, his/her subcontractor or agent, whether or not the work has been completed and whether or not the right of way has been opened to public travel.
   10. Each policy shall be endorsed to indemnify, hold harmless and defend the city and its officers and employees against any claim or loss, damage or expense sustained by any person occurring by reason of doing any work pursuant to the permit, including, but not limited to, falling objects or failure to maintain proper barricades and/or lights as required from the time work begins until the work is completed and right of way is opened for public use.
2. Rating Of Insurer: Insurance is to be placed with insurers with an AM best rating of no less than an "A" carrier, with a rating of "7" or higher.
   
3. Certificates, Endorsements: The permittee shall furnish the city with certificates of insurance and original endorsements affecting coverage required by the permit. The certificates and endorsements of each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The city expressly reserves the right to require complete, certified copies of all required insurance policies at any time. Consequently, the permittee shall be prepared to provide such copies prior to the issuance of the permit.
   
4. Unsatisfactory Policy: If any of the required policies are, or at any time become, unsatisfactory to the city as to form or substance, or if a company issuing any such policy is, or at any time becomes, unsatisfactory to the city, the permittee shall promptly obtain a new policy, submit the same to the city for approval and thereafter submit verification of coverage as required by the city. Upon failure to furnish, deliver and maintain such insurance as provided herein, the city may declare the permit to be in default and pursue any and all remedies the city may have at law or in equity, including those actions outlined in this chapter.
   
5. Subcontractors: The permittee shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
   
6. Deductibles, Self-Insured Retentions: Any deductibles or self-insured retentions shall be declared to and approved by the city. At the option of the city, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the city, its employees, officers, officials, agents, volunteers or assigns, or the permittee shall procure a bond, in a form acceptable to the city, guaranteeing payment of losses and related investigations, claim administration and defense expenses.
   
7. Property Owner Performing Work: A property owner performing work adjacent to his/her residence may submit proof of a homeowner's insurance policy in lieu of the insurance requirements of this section.
   
   
8. Relief Of Obligation; Circumstances: A provider may be relieved of the obligation of submitting certificates of insurance under the following circumstances:
   
   1. If such company shall submit satisfactory evidence in advance that:
      1. It is insured in the amounts set forth in this chapter or has complied with state requirements to become self-insured. Public utilities may submit annually evidence of insurance coverage in lieu of individual submissions for each permit; and
      2. Said coverage provides to the city the same scope of coverage that would otherwise be provided by a separate policy as required by this chapter; or
   2. The work to be performed under the permit issued to the applicant is to be performed by the city, in which case insurance or other risk transfer issues shall be negotiated between the city and the applicant by separate agreement.

1. Acceptable Security: Except as noted in this chapter, each applicant, before being issued a permit, shall provide the city with an acceptable security (this may include a corporate surety bond, cash bond or letter of credit, as determined by the city) in an amount to be determined to guarantee faithful performance of the work authorized by a permit granted pursuant to this chapter. The amount of the security required may be increased or decreased at the discretion of the city engineer whenever it appears that the amount and cost of the work to be performed, and not satisfactorily completed, may vary from the amount of security otherwise required under this chapter. The form of the security and the entity issuing the security shall be subject to the approval of the city attorney.
   
2. Public Utilities Franchised By City: Public utilities franchised by the city shall not be required to file any security if such requirement is expressly waived in the franchise documents.
   
3. Conditions Of Security: The security required by this section shall be conditioned as follows:
   1. Compliance With Specifications And Regulations: The permittee shall fully comply with the requirements of the city ordinances and regulations, specifications and standards promulgated by the city relative to work in the public way, and respond to the city in damages for failure to conform therewith;
   2. Diligent Completion: After work is commenced, the permittee shall proceed with diligence and expedition and shall promptly complete such work and restore the public way to construction specifications so as not to obstruct the public place or travel thereon more than is reasonably necessary;
   3. Guarantee Of Materials, Workmanship: The permittee shall guarantee the materials and workmanship for a period of two (2) years from completion of such work, with reasonable wear and tear excepted; and
   4. Street Facilities: Unless authorized by the city engineer on the permit, all paving, resurfacing or replacement of street facilities on major or collector streets shall be done in conformance with the regulations contained herein within three (3) calendar days, and within seven (7) calendar days from the time the excavation commences on all other streets, except as provided for during excavation in winter or during weather conditions which do not allow paving according to engineering regulations. In winter, a temporary patch must be provided. In all excavations, restoration of pavement surfaces shall be made immediately after back filling is completed or concrete is cured. If work is expected to exceed the above duration, the permittee shall submit a detailed construction schedule for approval. The schedule will address means and methods to minimize traffic disruption and complete the construction as soon as reasonably possible.

1. Completion Date; Determination: Each permit application shall state the starting date and estimated completion date. Work shall be completed within five (5) days from the starting date or as determined by the city engineer. Such determination shall be based upon factors reasonably related to the work to be performed under the permit. Such factors may include, in addition to other factors related to the work to be performed, the following:
   
   1. The scope of work to be performed under the permit;
   2. Maintaining the safe and effective flow of pedestrian and vehicular traffic on the public way affected by the work;
   3. Protecting the existing improvements to the public way impacted by the work;
   4. The season of the year during which the work is to be performed, as well as the current weather and its impact on public safety and the use of the public way by the public;
   5. Use of the public way for extraordinary events anticipated by the city.
2. Notification To City Upon Commencement: The city engineer shall be notified by the permittee of commencement of the work within twenty four (24) hours prior to commencing work. The permit shall be valid for the time period specified in the permit.
   
3. Application For Extension: If the work is not completed during such period, prior to the expiration of the permit, the permittee may apply to the city engineer for an additional permit or an extension, which may be granted by the city engineer for good cause shown.
   
4. Length Of Extension: The length of the extension requested by the permittee shall be subject to the approval of the city engineer. No extension shall be made that allows work to be completed in the winter period without payment of winter fees.

1. Regulations, Specifications: The work performed in the public way shall conform to the requirements of the engineering regulations, design standards, construction specifications and traffic control regulations of the city, copies of which shall be available from the city engineer, kept on file in the office of the city recorder and be open to public inspection during office hours.
   
2. Unattended Site; Permittee Identification: Where a job site is left unattended before completion of the work, signage with minimum two inch (2") high letters shall be attached to a barricade or otherwise posted at the site, indicating the permittee's name or company name, telephone number and after hours telephone number.
   
3. Traffic Control; Barricades: All excavations shall be conducted in a manner resulting in a minimum amount of interference or interruption of street or pedestrian traffic. Inconvenience to residents and businesses fronting on the public way shall be minimized. Suitable, adequate and sufficient barricades and/or other structures will be available and used where necessary to prevent accidents involving property or persons. Barricades must be in place until all of the permittee's equipment is removed from the site and the excavation has been back filled and proper temporary gravel surface is in place, except where back filling and resurfacing is to be done by the city; in which case the barricades, together with any necessary lights, flares or torches, must remain in place until the back fill work is actually commenced by the city. From sunset to sunrise, all barricades and excavations must be clearly outlined by adequate signal lights, torches, etc. The city's law enforcement agency and fire protection agency shall be notified at least twenty four (24) hours in advance of any planned excavation requiring street closure or traffic detour.

1. Authority; Costs: The city engineer may direct any person owning or maintaining facilities or structures in the public way to alter, modify or relocate such facilities or structures as the city engineer may require as set forth herein. Sewers, pipes, drains, tunnels, conduits, pipe driveways, vaults, trash receptacles and overhead and underground gas, electric, telephone, telecommunication and communication facilities shall specifically be subject to such directives. The person owning or maintaining the facilities or structures shall, at their own cost and expense and upon reasonable written notice by the city, promptly protect or promptly alter or relocate such facilities or structures, or part thereof, as directed by the city. In the event that such person refuses or neglects to conform to the directive of the city, the city shall have the right to break through, remove, alter or relocate such part of the facilities or structures without liability to such person. Such person shall pay to the city all costs incurred by the city in connection with such work performed by the city, including also design, engineering, construction, materials, insurance, court costs and attorney fees.
   
2. Considerations For Issuing Directive: Any directive by the city engineer shall be based upon the following:
   
   1. The facility or structure was installed, erected or is being maintained contrary to law, or determined by the city engineer to be structurally unsound or defective;
   2. The facility or structure constitutes a nuisance as defined under state statute;
   3. The permit under which the facility or structure was installed has expired or has been revoked;
   4. The public way is about to be repaired or improved and such facilities or structures may pose a hindrance to construction; or
   5. The grades or lines of the public way are to be altered or changed.
3. Police Power: Any directive of the city engineer under this section shall be under and consistent with the city's police power. Unless an emergency condition exists, the city engineer shall make a good faith effort to consult with the person regarding any condition that may result in a removal or relocation of facilities in the public way to consider possible avoidance or minimization of removal or relocation requirements and provide the directive as far enough in advance of the required removal or relocation to allow the person a reasonable opportunity to plan and minimize cost associated with the required removal or relocation.
   
4. Private Easements; Exception: This obligation does not apply to facilities or structures originally located on private property pursuant to a private easement, which property was later incorporated into the public way, if that prior private easement grants a superior vested right.
   
5. Failure To Comply: Any person owning or maintaining facilities or structures in the public way who fails to alter, modify or relocate such facilities or structures upon notice to do so by the city engineer shall be guilty of a class B misdemeanor and subject to penalty as provided in NCC 1.08.010. All costs of alteration, modification or relocation shall be borne by the person owning or maintaining the facilities or structures involved.
   
6. Emergency; Authority Of City: The city may, at any time, in case of fire, disaster or other emergency, as determined by the city in its reasonable discretion, cut or move any parts of the system and appurtenances on, over or under the public way, in which event the city shall not be liable therefor to a person. The city shall notify a person in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this subsection.

1. Sidewalk Or Curb Ramp Blocked; Temporary Improvement: If any sidewalk or curb ramp is blocked by excavation work, a temporary sidewalk or curb ramp shall be constructed or provided. Said temporary improvement shall be safe for travel and convenient for users, and consistent with city standards for such.
   
2. Paved Areas; Temporary Surface: Where excavations are made in paved areas, the surface shall be replaced with a temporary gravel surface until such time as the permanent repairs are completed.
   
3. Disturbance Of Property:
   1. At any time a permittee disturbs the yard, residence or the real or personal property of a private property owner or the city, such permittee shall ensure that such property is returned, replaced and/or restored to a condition that is comparable to the condition that existed prior to the commencement of the work.
   2. The costs associated with the disturbance and the return, replacement and/or restoration shall be done by the permittee. Further, a permittee shall reimburse a property owner or the city for any actual damage caused by the permittee, its subcontractor or its independent contractor, in connection with the disturbance of such property. However, nothing in this subsection shall require the permittee to pay a subscriber or private property owner when that subscriber or private property owner requests that the permittee remove, replace or relocate improvements associated with the service provided by the permittee to the property owner and when the permittee exercises due care in the performance of that service, or when the subscriber or private property owner provided false information to the permittee on which the permittee relied to its detriment.
4. Acts Specifically Included: Examples of types of acts specifically included in this section are the following:
   1. Removal of sod, lawn, shrubbery, flowers, trees, driveways or fence to install, trench, repair, replace, remove or locate, equipment, cable or other appurtenances of the permittee;
   2. Installation or removal of equipment or other appurtenances of the permittee's system within a private property owner's property or residence which requires drilling, excavating, plastering or the like on the part of the permittee;
   3. Temporarily relocating or moving a piece of personal property or a fixture of a private property owner, such as a motor vehicle, fence, air conditioning, heating unit or the like, in order to perform some sort of construction, maintenance or repair by the permittee; or
   4. Permanently removing a permittee's equipment or other appurtenances due to the revocation, termination or non renewal of the franchise (if applicable).
5. Drainage Channels Free From Debris: Existing drainage channels, such as gutters or ditches, shall be kept free of dirt or other debris so that natural flow will not be interrupted. When it is necessary to block or otherwise interrupt flow of the drainage channel, a method of rerouting the flow must be submitted for approval by the city engineer prior to the blockage of the channel.
   
6. Subcontractor, Independent Contractor: The requirements imposed upon the permittee extend to any subcontractor or independent contractor that the permittee might employ to perform the tasks pursuant to the permit.
   
7. Exception: The requirements of this section shall not apply to the removal by a permittee of a permanent structure placed by a property owner in a public way, unless such property owner has received prior written permission from the city granting the property owner the right to install a permanent structure in a public way, and such written permission has been recorded in the office of the county recorder.

1. Required: The permittee shall, at its own expense, restore the surface of any public way to its original condition and replace any removed or damaged pavement with the same type and depth of pavement as that which is adjoining, including the gravel base material. All restoration shall conform to the engineering regulations, design standards and specifications promulgated by the city and shall be accomplished within the time limits set forth in the permit, unless additional time is granted in writing by the department.
   
2. By City; Fee Charged To Permittee: At its option, the permittee doing the actual excavation work may request that the city restore the surface to its original condition. The fee for such resurfacing shall be determined by the city engineer in accordance with its reasonable costs for such work and shall be charged to the person making the excavation. Payment for said work shall be received by the city prior to the release of the bond.

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

1. City Permit Not Required: Holders of permits for work on highways owned or under the jurisdiction of other government entities, but located within the city limits, shall not be required to obtain permits from the city under the provisions of this chapter, unless the work extends beyond the back side of the curb, or beyond any other designated jurisdictional boundary. Any city permit shall not be construed to permit or allow work on a county road or a state highway within the city without an applicable county or state permit.
   
2. Regulation Of Work By City; Authority: The city engineer, in his or her discretion, shall have the right and authority to regulate work under permits issued by other governmental entities with respect to hours and days of work, and measures required to be taken by the permittee of said governmental entity for the protection of traffic and safety of persons and property.
   
3. Liability: Notwithstanding the foregoing, nothing in this chapter shall be construed to impose any duty, implied or expressed, on the city or its employees, officers, agents or assigns, relative to the protection of traffic and safety of persons or property arising out of the issuance of any permit issued by government entities other than the city, or arising out of any work performed on any public way owned or within the jurisdiction of the city.

1. Stop Order: A stop order may be issued by the city engineer directed to any person doing or causing any work to be done in the public way without a permit. The abutting property owner shall be responsible for causing work to be done.
   
2. Failure To Obtain Permit; Penalty: Any person found to be doing work in the public way without having obtained a permit, as provided in this chapter, shall be required to pay a permit fee equal to two (2) times the normal permit fee. For replacement work, where a fee is not normally charged, the normal permit fee for new construction shall apply.

1. Authority; Notice: Any permit may be revoked or suspended and a stop order issued by the city engineer, after notice to the permittee for:
   1. Violation of any condition of the permit, the security or of any provisions of this chapter;
   2. Violation of any provision of any other ordinance of the city or law relating to the work; or
   3. Existence of any condition or the doing of any act which does constitute, may constitute or cause a condition endangering life or property.
2. Immediate Effect: A suspension or revocation by the city engineer and a stop order, shall take effect immediately upon entry thereof by the city engineer and notice to the person performing the work in the public way. Notice to the person performing the work shall be accomplished when the city engineer has posted a stop work order at the location of the work and written notice has been mailed, return receipt requested, to the address indicated by the permittee on the permit.
   
3. Default: Whenever the city engineer finds that a default has occurred in the performance of any term or condition of the permit, written notice thereof may be given to the principal and to the surety on the bond, if there is a surety bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the city engineer to be reasonably necessary for the completion of the work.
   
4. Failure To Commence Work: In the event that the surety (or principal), within a reasonable time following the giving of such notice (taking into consideration the exigencies of the situation, the nature of the work, the requirements of public safety and for the protection of persons and property), fails either to commence and cause the required work to be performed with due diligence, or to indemnify the city for the cost of doing the work, as set forth in the notice, the city may perform the work, at the discretion of the city engineer, with city forces or contract forces, or both, and suit may be commenced by the city attorney against the contractor and bonding company and such other persons as may be liable, to recover the entire amount due to the city, including attorney fees, on account thereof. In the event that cash has been deposited, the cost of performing the work may be charged against the amount deposited, and suit brought for the balance due, if any.

1. Suspend or revoke the permit;
   
2. Issue a stop order;
   
3. Order removal and replacement of faulty work;
   
4. Require an extended warranty period; and/or
   
5. Negotiate a cash settlement to be applied toward future maintenance costs.

1. Authorized Without Permit: Any person maintaining pipes, lines or facilities in the public way may proceed with work upon existing facilities without a permit when emergency circumstances demand the work to be done immediately; provided a permit could not reasonably and practicably have been obtained beforehand.
   
2. Notification To City; Protection Of Public: In the event that emergency work is commenced on or within any public way of the city during regular business hours, the city engineer shall be notified within one-half (1/2) hour from the time the work is commenced. The person commencing and conducting such work shall take all necessary safety precautions for the protection of the public and the direction and control of traffic, and shall ensure that work is accomplished according to city engineering regulations, the manual on uniform traffic control devices and other applicable laws, regulations or generally recognized practices in the industry.
   
3. Application For Permit; Time Limit: Any person commencing emergency work in the public way during other than business hours without a permit shall immediately thereafter apply for a permit or give notice during the first hour of the first regular business day on which city offices are open for business after such work is commenced. A permit for such emergency work may be issued which shall be retroactive to the date when the work was begun, at the discretion of the city engineer.

1. Agreement To Hold City Harmless: The permittee agrees to save the city, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under the permit. The issuance and acceptance of any permit under this chapter shall constitute such an agreement by the permittee to this section.
   
2. Liability: This chapter shall neither be construed as imposing upon the city, its officers, employees and agents, any liability or responsibility for damages to any person injured by or by reason of the performance of any work within the public way, or under a permit issued pursuant to this chapter; nor shall the city, its officers, officials, employees, agents, volunteers or assigns thereof be deemed to have assumed any such liability or responsibility by reason of inspection authorized hereunder, the issuance of any permit or the approval of any work.

1. Application Disapproval Or Denial: The disapproval or denial of an application by the city engineer may be appealed by the applicant to the mayor by the filing of a written notice of appeal within ten (10) days of the action of the city engineer. The mayor shall hear such appeal, if written request therefor be timely filed as soon as practicable, and render their decision within two (2) weeks following notice of such appeal.
   
2. Suspension, Revocation Or Stop Order: Any suspension, revocation or stop order by the city engineer may be appealed by the permittee to the mayor by filing a written notice of appeal within ten (10) days of the action of the city engineer. The mayor shall hear such appeal, if written request therefor be timely filed, as soon as practicable, and render their decision within a reasonable time following filing of notice of appeal.

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

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

Unless otherwise specified in this chapter, a violation of any provision of this chapter, or failure to comply with an order of suspension, revocation or stop work, shall be a class B misdemeanor and, upon conviction thereof, subject to penalty as provided in NCC 1.08.010. Each day the violation exists shall be a separate offense. No criminal conviction shall excuse the person from otherwise complying with the provisions of this chapter. 

Unless authorized by permit or other written authorization issued by the city or unless authority is granted by provisions of this code or other ordinance of the city now or hereafter enacted, it shall be a class B misdemeanor and, upon conviction thereof, subject to penalty as provided in NCC 1.08.010 for any person to: 

1. Property Controlled By City: Construct, lay, excavate, erect, operate or maintain over, under, across, in or through any property owned or controlled by the city, any utility, canal, ditch, construction or building.
   
2. Restricted Areas: Enter upon any property of the city contrary to any posting or marking restricting or prohibiting use of the area.
   
3. Damage To Property: Intentionally use or perform acts upon property of the city which materially impairs, alters or damages the property.

The city council, in addition to any other penalty which may be imposed, may order any person who has damaged, altered or changed any property of the city to repair or restore the property to its original condition prior to the damage, alteration or change.

1. Provisions: The city council may grant to any person a franchise or easement on such terms and conditions as it deems reasonable, for the purpose of entering upon, constructing, building, operating and maintaining any business or for other use of the property of the city and the provisions of NCC 13.08.010 and NCC 13.08.020 shall not apply to the extent such provisions are waived, qualified or made inapplicable to the rights or privileges granted in the franchise ordinance or easement.
   
2. In Writing: Any franchise or easement granted by the city shall be in writing and any franchise or easement not in writing shall be void.

It shall not be a violation of this chapter where any person uses the public property of the city in the manner or for the purpose for which such property has been made available for public use.

1. Hunting, as defined in Utah Code § 23-13-2, and which shall include hunting with firearms or with bows, each as defined by the laws of the State of Utah, is from the effective date of this ordinance prohibited on properties owned by Nibley City.
2. Persons in violation of this ordinance are guilty of a class C misdemeanor citation. Each offense, upon conviction, is punishable by a fine as listed on the current approved Consolidated Fee Schedule.
3. This ordinance does not invalidate the prohibition against discharging firearms within 600 feet of a residence within Nibley City limits, regardless of whether or not the person discharging the firearm is hunting, as defined herein.
4. All ordinances or parts of ordinances in conflict herewith are repealed.

1. Rights Of Way: The city finds that the rights of way within the city:
   1. Are critical to the travel and transport of persons and property in the business and social life of the city;
   2. Are intended for public uses and must be managed and controlled consistent with that intent;
   3. Can be partially occupied by the facilities of utilities and other public service entities delivering utility and public services rendered for profit, to the enhancement of the health, welfare and general economic well-being of the city and its citizens; and
   4. Are a unique and physically limited resource requiring proper management to maximize the efficiency and to minimize the costs to the taxpayers of the foregoing uses and to minimize the inconvenience to and negative effects upon the public from such facilities' construction, placement, relocation and maintenance in the rights of way.
2. Compensation: The city finds that the city should receive fair and reasonable compensation for use of the rights of way.
   
3. Local Concern: The city finds that while telecommunications systems are in part an extension of interstate commerce, their operations also involve rights of way, municipal franchising and vital business and community service, which are of local concern.
   
4. Promotion Of Telecommunications Services: The city finds that it is in the best interests of its taxpayers and citizens to promote the rapid development of telecommunications services, on a nondiscriminatory basis, responsive to community and public interest, and to assure availability for city, educational and community services.
   
5. Franchise Standards: The city finds that it is in the interests of the public to franchise and to establish standards for franchising providers in a manner that:
   1. Fairly and reasonably compensate the city on a competitively neutral and nondiscriminatory basis as provided herein;
   2. Encourage competition by establishing terms and conditions under which providers may use the rights of way to serve the public;
   3. Fully protect the public interests and the city from any harm that may flow from such commercial use of rights of way;
   4. Protect the police powers and rights of way management authority of the city, in a manner consistent with federal and state law;
   5. Otherwise protect the public interests in the development and use of the city infrastructure;
   6. Protect the public's investment in improvements in the rights of way; and
   7. Ensure that no barriers to entry of telecommunications providers are created and that such franchising is accomplished in a manner that does not prohibit or have the effect of prohibiting telecommunication services, within the meaning of the telecommunications act of 1996 ("Act") (P.L. No. 104-104).

1. Any other permit or authorization required for the privilege of transacting and carrying on a business within the city required by the ordinances and laws of the city;
2. Any other permit, agreement or authorization required in connection with operations on rights of way or public property, including, without limitation, permits and agreements for placing devices on or in poles, conduits or other structures, whether owned by the city or a private entity, or for excavating or performing other work in or along the rights of way.

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

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

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

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

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

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

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

PSC: The public service commission or any successor thereto.

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

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

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

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

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

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

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

TELECOMMUNICATIONS: The electronic or optical conveyance, routing, or transmission, of audio, data, video, voice, or any other information to point or between or among points. Includes but is not limited to all acts, services, and systems described in the Utah State Municipal Telecommunications License Tax Act and Nibley City's Municipal Telecommunications License Tax Ordinance..

TELECOMMUNICATIONS SERVICE OR SERVICES: The provision of telecommunications and telecommunication related services and facilities by a provider within the city that the provider is authorized to provide under federal, state and local law, and any equipment and/or facilities required for and integrated with the services provided within the city; except that these terms do not include "cable service", as defined in the cable communications policy act of 1984, as amended by the cable television consumer protection and completion act of 1992 (47 USC 521 et seq.) and the telecommunications act of 1196. Telecommunications system or systems also includes an open video system.

TELECOMMUNICATIONS SYSTEM OR SYSTEM: All conduits, manholes, poles, antennas, transceivers, amplifiers, wires, lines, cables, and all other electronic or optical devices, equipment, wire , and appurtenances owned, leased, or used by provider and utilized in the provision of telecommunications services, including fully digital or analog. Telecommunications system or systems also include an open video system.

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

1. Conflicts: In the event of a conflict between any provision of this chapter and a franchise entered pursuant to it, the provisions of this chapter in effect at the time the franchise is entered into shall control.
   
2. New Developments: It shall be the policy of the city to liberally amend this chapter, upon application of a provider, when necessary to enable the provider to take advantage of any developments in the field of telecommunications which will afford the provider an opportunity to more effectively, efficiently or economically serve itself or the public.
   
3. Notices: All notices from a provider to the city required under this chapter or pursuant to a franchise granted pursuant to this chapter shall be directed to the officer as designated by the mayor. A provider shall provide in any application for a franchise the identity, address and phone number of the person designated to receive notices from the city. A provider shall immediately notify the city of any change in its name, address or telephone number.
   
4. Exercise Of Police Power: To the full extent permitted by applicable law either now or in the future, the city reserves the right to adopt or issue such rules, regulations, orders or other directives that it finds necessary or appropriate in the lawful exercise of its police powers.
   
5. Construction:
   1. Federal And State Statutes: This chapter shall be construed in a manner consistent with all applicable federal and state statutes.
   2. Applicability: This chapter shall apply to all franchises granted or renewed after the effective date hereof. This chapter shall further apply, to the extent permitted by applicable federal or state law, to all existing franchises granted prior to the effective date hereof and to a provider providing services, without a franchise, prior to the effective date hereof.
   3. Other Applicable Ordinances: A provider's rights are subject to the police powers of the city to adopt and enforce ordinances necessary to the health, safety and welfare of the public. A provider shall comply with all applicable general laws and ordinances enacted by the city pursuant to its police powers. In particular, all providers shall comply with the city zoning and other land use requirements.
   4. City Failure To Enforce: A provider shall not be relieved of its obligation to comply with any of the provisions of this chapter or any franchise granted pursuant to this chapter by reason of any failure of the city to enforce prompt compliance.
   5. Construed According To Utah Law: This chapter and any franchise granted pursuant to this chapter shall be construed and enforced in accordance with the substantive laws of the state.

1. Providers: This chapter shall provide the basic local scheme for providers of telecommunications services and systems that require the use of the rights of way, including providers of both the system and service, those providers of the system only and those providers who do not build the system but who only provide services. This chapter shall apply to all future providers and to all providers in the city prior to the effective date hereof, whether operating with or without a franchise as set forth in NCC 13.10.030(E,2).
   
2. Excluded Activities:
   
   1. Cable Television Operators: This chapter shall not apply to cable television operators otherwise regulated by the cable television ordinance.
   2. Wireless Service Facilities: This chapter shall not apply to personal wireless service facilities.
3. Excluded Providers; Provisions Applicable: Providers excused by other law that prohibits the city from requiring a franchise shall not be required to obtain a franchise, but all of the requirements imposed by this chapter through the exercise of the city's police power and not preempted by other law shall be applicable.

1. Nonexclusive Franchise; Authority: The city is empowered and authorized to issue nonexclusive franchises governing the installation, construction and maintenance of systems in the city's rights of way, in accordance with the provisions of this chapter. The franchise is granted through a franchise agreement entered into between the city and provider.
   
2. Provider Required To Obtain: Except to the extent preempted by federal or state law, as ultimately interpreted by a court of competent jurisdiction, including any appeals, every provider must obtain a franchise prior to constructing a telecommunications system or providing telecommunications services using the rights of way, and every provider must obtain a franchise before constructing an open video system or providing open video services via an open video system. Any open video system or service shall be subject to the customer service and consumer protection provisions applicable to the cable TV companies to the extent the city is not preempted or permitted, as ultimately interpreted by a court of competent jurisdiction, including any appeals. The fact that particular telecommunications systems may be used for multiple purposes does not obviate the need to obtain a franchise for other purposes. By way of illustration and not limitation, a cable operator of a cable system must obtain a cable franchise, and, should it intend to provide telecommunications services over the same system, must also obtain a telecommunications franchise.
   
3. Nature Of Grant: A franchise shall not convey title, equitable or legal, in the rights of way. A franchise is only the right to occupy rights of way on a nonexclusive basis for the limited purposes and for the limited period stated in the franchise; the right may not be subdivided, assigned or subleased. A franchise does not excuse a provider from obtaining appropriate access or pole attachment agreements before collocating its system on the property of others, including the city's property. This subsection shall not be construed to prohibit a provider from leasing conduit to another provider, so long as the lessee has obtained a franchise.
   
4. Current Providers; Time Limit To Request: Except to the extent exempted by federal or state law, any provider acting without a franchise on the effective date hereof shall request issuance of a franchise from the city within ninety (90) days of the effective date hereof. If such request is made, the provider may continue providing service during the course of negotiations. If a timely request is not made, or if negotiations cease and a franchise is not granted, the provider shall comply with the provisions of NCC 13.10.120(D).
   
5. Nature Of Franchise: The franchise granted by the city under the provisions of this chapter shall be a nonexclusive franchise providing the right and consent to install, repair, maintain, remove and replace its system on, over and under the rights of way in order to provide services.
   
6. Regulatory Approval Needed: Before offering or providing any services pursuant to the franchise, a provider shall obtain any and all regulatory approvals, permits, authorizations or licenses for the offering or provision of such services from the appropriate federal, state and local authorities, if required, and shall submit to the city, upon the written request of the city, evidence of all such approvals, permits, authorizations or licenses.
   
7. Term: No franchise issued pursuant to this chapter shall have a term of less than five (5) years or greater than fifteen (15) years. Each franchise shall be granted in a nondiscriminatory manner.

1. Required; Form: To obtain a franchise to construct, own, maintain or provide services through any system within the city, to obtain a renewal of a franchise granted pursuant to this chapter or to obtain the city approval of a transfer of a franchise, as provided in NCC 13.10.110(A,2), granted pursuant to this chapter, an application must be filed with city on the form attached to the ordinance codified herein as exhibit A, said ordinance being on file in the office of the city recorder, which is hereby incorporated by reference. The application form may be changed by the mayor so long as such changes request information that is consistent with this chapter. Such application form, as amended, is incorporated by reference.
   
2. Criteria: In making a determination as to an application filed pursuant to this chapter, the city may, but shall not be limited to, request the following from the provider:
   
   1. A copy of the order from the PSC granting a certificate of convenience and necessity.
   2. Certification of the provider's financial ability to compensate the city for provider's intrusion, maintenance and use of the rights of way during the franchise term proposed by the provider.
   3. Provider's agreement to comply with the requirements of NCC 13.10.090.
3. Determination By City: The city, in its discretion, shall determine the award of any franchise on the basis of these and other considerations relevant to the use of the rights of way, without competitive bidding.

1. Compensation; Provider Obligations: As fair and reasonable compensation for any franchise granted pursuant to this chapter, a provider shall have the following obligations:
   1. Application Fee: In order to offset the cost to the city to review an application for a franchise and in addition to all other fees, permits or charges, a provider shall pay to the city, at the time of application, an amount as listed on the current approved Consolidated Fee Schedule as a nonrefundable application fee.
   2. Franchise Fee: The franchise fee, if any, shall be set forth in the franchise agreement. The obligation to pay a franchise fee shall commence on the completion date. The franchise fee is offset by any business license fee or business license tax enacted by the city.
   3. Excavation Permits: The provider shall also pay fees required for an excavation permit as provided in NCC 13.06.
2. Due Monthly: Unless otherwise agreed to in the franchise agreement, all franchise fees shall be paid on a monthly basis within forty five (45) days of the close of each calendar month.
   
3. Statement Of Calculation; Certification: Unless a franchise agreement provides otherwise, each fee payment shall be accompanied by a statement showing the manner in which the fee was calculated and shall be certified as to its accuracy.
   
4. Future Costs: A provider shall pay to the city or to third parties, at the direction of the city, an amount equal to the reasonable costs and reasonable expenses that the city incurs for the services of third parties (including, but not limited to, attorneys and other consultants) in connection with any renewal or provider-initiated renegotiation, or amendment of this chapter or a franchise; provided however, that the parties shall agree upon a reasonable financial cap at the outset of negotiations. In the event the parties are unable to agree, either party may submit the issue to binding arbitration in accordance with the rules and procedures of the American arbitration association.
   
5. Taxes, Assessments: To the extent taxes or other assessments are imposed by taxing authorities, other than the city on the use of the city property as a result of a provider's use or occupation of the rights of way, the provider shall be responsible for payment of its pro rata share of such taxes, payable annually unless otherwise required by the taxing authority. Such payments shall be in addition to any other fees payable pursuant to this chapter.
   
6. Interest On Late Payments: In the event that any payment is not actually received by the city on or before the applicable date fixed in the franchise, interest thereon shall accrue from such date until received at the rate charged for delinquent state taxes.
   
7. Acceptance Of Fee; Not Construed Satisfaction: no acceptance by the city of any fee shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such fee payment be construed as a release of any claim the city may have for additional sums payable.
   
8. Additional Taxes Or Fees Still Applicable: The fee payment is not a payment in lieu of any tax, fee or other assessment, except as specifically provided in this chapter or as required by applicable law. By way of example, and not limitation, excavation permit fees and fees to obtain space on the city-owned poles are not waived and remain applicable.
   
9. Operation After Term; Continuing Obligation And Holdover: In the event a provider continues to operate all or any part of the system after the term of the franchise, such operator shall continue to comply with all applicable provisions of this chapter and the franchise, including, without limitation, all compensation and other payment provisions throughout the period of such continued operation; provided, that any such continued operation shall in no way be construed as a renewal or other extension of the franchise, nor as a limitation on the remedies, if any, available to the city as a result of such continued operation after the term, including, but not limited to, damages and restitution.
   
10. Publication Costs: A provider shall assume any publication costs associated with its franchise that may be required by law.

1. Insurance Required: Prior to the execution of a franchise, a provider will deposit with the city an irrevocable, unconditional letter of credit or surety bond as required by the terms of the franchise, and shall obtain and provide proof of the insurance coverage required by the franchise. A provider shall also indemnify the city as set forth in the franchise.
   
2. Inspection By City; Management: The city shall have the right to oversee, regulate and inspect periodically the construction, maintenance and upgrade of the system, and any part thereof, in accordance with the provisions of the franchise and applicable law. A provider shall establish and maintain managerial and operational records, standards, procedures and controls to enable a provider to prove, in reasonable detail, to the satisfaction of the city at all times throughout the term, that a provider is in compliance with the franchise. A provider shall retain such records for not less than the applicable statute of limitations.
   
3. Records Maintenance: A provider shall at all times maintain:
   1. On file with the city, a full and complete set of plans, records and as-built hard copy maps and, to the extent the maps are placed in an electronic format, they shall be made in electronic format compatible with the city's existing GIS system, of all existing and proposed installations and the types of equipment and systems installed or constructed in the rights of way, properly identified and described as to the types of equipment and facility by appropriate symbols and marks, which shall include annotations of all rights of way where work will be undertaken. As used herein, as-built maps include file construction prints. Maps shall be drawn to scale. As-built maps, including the compatible electronic format, as provided above, shall be submitted within thirty (30) days of completion of work or within thirty (30) days after completion of modification and repairs. As-built maps are not required of the provider who is the incumbent local exchange carrier for the existing system to the extent they do not exist.
   2. Throughout the term of the franchise, a provider shall maintain complete and accurate books of accounts and records of the business, ownership and operations of a provider with respect to the system in a manner that allows the city at all times to determine whether a provider is in compliance with the franchise. Should the city reasonably determine that the records are not being maintained in such a manner, a provider shall alter the manner in which the books and/or records are maintained so that a provider comes into compliance with this section. All financial books and records which are maintained in accordance with the regulations of the FCC and any governmental entity that regulates utilities in the state and generally accepted accounting principles shall be deemed to be acceptable under this section.
4. Confidentiality: If the information required to be submitted is proprietary in nature or must be kept confidential by federal, state or local law, upon proper request by a provider, such information shall be classified as a protected record within the meaning of the Utah government records access and management act (GRAMA), making it available only to those who must have access to perform their duties on behalf of the city; provided, that a provider notifies the city of, and clearly labels the information which a provider deems to be confidential, proprietary information. Such notification and labeling shall be the sole responsibility of the provider.
   
5. Provider's Expense: All reports and records required under this chapter shall be furnished at the sole expense of a provider, except as otherwise provided in this chapter or a franchise.
   
6. Right Of Inspection: For the purpose of verifying the correct amount of the franchise fee, the books and records of the provider pertaining thereto shall be open to inspection or audit by duly authorized representatives of the city at all reasonable times, upon giving reasonable notice of the intention to inspect or audit the books and records; provided, that the city shall not audit the books and records of the provider more often than annually. The provider agrees to reimburse the city the reasonable costs of an audit if the audit discloses that the provider has paid ninety five percent (95%) or less of the compensation due the city for the period of such audit. In the event the accounting rendered to the city by the provider herein is found to be incorrect, then payment shall be made on the corrected amount within thirty (30) calendar days of written notice, it being agreed that the city may accept any amount offered by the provider, but the acceptance thereof by the city shall not be deemed a settlement of such item if the amount is in dispute or is later found to be incorrect.

1. Compliance Required; Excavation Permit: No provider shall receive a franchise unless it agrees to comply with each of the terms set forth in this section governing construction and technical requirements for its system, in addition to any other reasonable requirements or procedures specified by the city or the franchise, including requirements regarding locating and sharing in the cost of locating portions of the system with other systems or with city utilities. A provider shall obtain an excavation permit, pursuant to the excavation ordinance, as provided in NCC 13.06, before commencing any work in the rights of way.
   
2. Quality And Performance Of Work: All work involved in the construction, maintenance, repair, upgrade and removal of the system shall be performed in a safe, thorough and reliable manner, using materials of good and durable quality. If, at any time, it is determined by the FCC or any other agency granted authority by federal law or the FCC to make such determination, that any part of the system, including, without limitation, any means used to distribute signals over or within the system, is harmful to the public health, safety or welfare, or quality of service or reliability, then a provider shall, at its own cost and expense, promptly correct all such conditions.
   
3. Licenses And Permits: A provider shall have the sole responsibility for diligently obtaining, at its own cost and expense, all permits, licenses or other forms of approval or authorization necessary to construct, maintain, upgrade or repair the system, including, but not limited to, any necessary approvals from persons and/or the city to use private property, easements, poles and conduits. A provider shall obtain any required permit, license, approval or authorization, including, but not limited to, excavation permits, pole attachment agreements, etc., prior to the commencement of the activity for which the permit, license, approval or authorization is required.
   
4. Relocation Of System:
   1. New Grades Or Lines; Excavation Requirements: If the grades or lines of any rights of way are changed at any time in a manner affecting the system, then a provider shall comply with the requirements of the excavation ordinance, as provided in NCC 13.06.
   2. Emergency; City Authority To Move System: The city may, at any time, in case of fire, disaster or other emergency, as determined by the city in its reasonable discretion, cut or move any parts of the system and appurtenances on, over or under the rights of way of the city, in which event the city shall not be liable therefor to a provider. The city shall notify a provider in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this section. Notice shall be given as provided in NCC 13.10.030(C).
   3. Temporary Move For Third Party: A provider shall, upon prior reasonable written notice by the city or any person holding a permit to move any structure, and within the time that is reasonable under the circumstances, temporarily move any part of its system to permit the moving of said structure. A provider may impose a reasonable charge on any person other than the city for any such movement of its systems.
   4. Change In Rights Of Way; Obligation To Move System: When the city is changing a right of way and makes a written request, a provider is required to move or remove its system from the right of way, without cost to the city, to the extent provided in the excavation ordinance, as provided in NCC 13.06. This obligation does not apply to systems originally located on private property pursuant to a private easement, which property was later incorporated into the rights of way, if that private easement grants a superior vested right. This obligation exists whether or not the provider has obtained an excavation permit.
5. Protection Of Structures, Landmarks: In connection with the construction, maintenance, repair, upgrade or removal of the system, a provider shall, at its own cost and expense, protect any and all existing structures belonging to the city and all designated landmarks, as well as all other structures within any designated landmark district. A provider shall obtain the prior written consent of the city to alter any water main, power facility, sewerage or drainage system, or any other city structure on, over or under the rights of way of the city required because of the presence of the system. Any such alteration shall be made by the city or its designee on a reimbursable basis. A provider agrees that it shall be liable for the costs incurred by the city to replace or repair and restore to its prior condition in a manner as may be reasonably specified by the city, any city structure or any other rights of way of the city involved in the construction, maintenance, repair, upgrade or removal of the system that may become disturbed or damaged as a result of any work thereon by or on behalf of a provider pursuant to the franchise.
   
6. Obstructions Prohibited: In connection with the construction, maintenance, upgrade, repair or removal of the system, a provider shall not unreasonably obstruct the rights of way of fixed guide way systems, railways, passenger travel or other traffic to, from or within the city without the prior consent of the appropriate authorities.
   
7. Safety Precautions: A provider shall, at its own cost and expense, undertake all necessary and appropriate efforts to prevent accidents at its work sites, including the placing and maintenance of proper guards, fences, barricades, security personnel and suitable and sufficient lighting, and such other requirements prescribed by OSHA and Utah OSHA. A provider shall comply with all applicable federal, state and local requirements, including, but not limited to, the national electrical safety code.
   
8. Repair Of Rights Of Way: After written reasonable notice to the provider, unless, in the sole determination of the city, an eminent danger exists, any rights of way within the city which are disturbed or damaged during the construction, maintenance or reconstruction by a provider of its system may be repaired by the city at the provider's expense, to a condition as good as that prevailing before such work was commenced. Upon doing so, the city shall submit to such a provider an itemized statement of the cost for repairing and restoring the rights of way intruded upon. The provider shall, within thirty (30) days after receipt of the statement, pay to the city the entire amount thereof.
9. Maintenance Of System: A provider shall:
   1. Install and maintain all parts of its system in a nondangerous condition throughout the entire period of its franchise.
   2. Install and maintain its system in accordance with standard prudent engineering practices and shall conform, when applicable, with the national electrical safety code and all other applicable federal, state and local laws or regulations.
   3. At all reasonable times, permit examination by any duly authorized representative of the city of the system and its effect on the rights of way.
10. Trimming Trees; Authority: A provider shall have the authority to trim trees, in accordance with all applicable utility restrictions, ordinance and easement restrictions, upon and overhanging rights of way so as to prevent the branches of such trees from coming in contact with its system.

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

1. Notification Of Sale:
   1. PSC Approval: When a provider is the subject of a sale, transfer, lease, assignment, sublease or disposal, in whole or in part, either by force or involuntary sale, or by ordinary sale, consolidation or otherwise, such that it or its successor entity is obligated to inform or seek the approval of the PSC, the provider or its successor entity shall promptly notify the city of the nature of the transaction. The notification shall include either:
      1. The successor entity's certification that the successor entity unequivocally agrees to all of the terms of the original provider's franchise agreement; or
      2. The successor entity's application, in compliance with NCC 13.10.060.
   2. Transfer Of Franchise: Upon receipt of a notification and certification in accordance with subsection A,1,a of this section, the city designee, as provided in NCC 13.10.120(A,1), shall send notice affirming the transfer of the franchise to the successor entity. If the city has good cause to believe that the successor entity may not comply with this chapter or the franchise agreement, it may require an application for the transfer. The application shall comply with NCC 13.10.060.
   3. PSC Approval No Longer Required: If the PSC no longer exists or if its regulations or state law no longer require approval of transactions described in subsection A,1 of this section, and the city has good cause to believe that the successor entity may not comply with this chapter or the franchise agreement, it may require an application. The application shall comply with NCC 13.10.060.
2. Events Of Sale: The following events shall be deemed to be a sale, assignment or other transfer of the franchise requiring compliance with subsection A of this section:
   1. The sale, assignment or other transfer of all or a majority of a provider's assets to another person;
   2. The sale, assignment or other transfer of capital stock or partnership, membership or other equity interests in a provider by one or more of its existing shareholders, partners, members or other equity owners so as to create a new controlling interest in a provider;
   3. The issuance of additional capital stock or partnership, membership or other equity interest by a provider so as to create a new controlling interest in such a provider; or
   4. The entry by a provider into an agreement with respect to the management or operation of such provider or its system.

1. Enforcement; Remedies:
   1. City Designee: The city is responsible for enforcing and administering this chapter and the city or its designee, as appointed by the mayor, is authorized to give any notice required by law or under any franchise agreement.
   2. Enforcement Provisions: Any franchise granted pursuant to this chapter shall contain appropriate provisions for enforcement, compensation and protection of the public, consistent with the other provisions of this chapter, including, but not limited to, defining events of default, procedures for accessing the bond/security fund and rights of termination or revocation.
2. Force Majeure: In the event a provider's performance of any of the terms, conditions or obligations required by this chapter or a franchise is prevented by a cause or event not within a provider's control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof. For the purpose of this subsection, causes or events not within the control of a provider shall include, without limitation, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions, acts of public enemies and natural disasters such as floods, earthquakes, landslides and fires.
   
3. Extended Operation; Continuity Of Services:
   1. Continuation After Expiration: Upon either expiration or revocation of a franchise granted pursuant to this chapter, the city shall have discretion to permit a provider to continue to operate its system or provide services for an extended period of time not to exceed six (6) months from the date of such expiration or revocation. A provider shall continue to operate its system under the terms and conditions of this chapter and the franchise granted pursuant to this chapter.
   2. Incumbent Local Exchange Carrier; Negotiate Renewal: If the provider is the incumbent local exchange carrier, it shall be permitted to continue to operate its system and provide services without regard to revocation or expiration, but shall be obligated to negotiate a renewal in good faith.
4. Removal Or Abandonment Of Franchise Property:
   1. Abandoned System: In the event that: a) the use of any portion of the system is discontinued for a continuous period of twelve (12) months and thirty (30) days after no response to written notice from the city to the last known address of provider; b) any system has been installed in the rights of way without complying with the requirements of this chapter or franchise; or c) the provisions of NCC 13.10.050(E) are applicable and no franchise is granted, a provider, except the provider who is an incumbent local exchange carrier, shall be deemed to have abandoned such system.
   2. Removal Of Abandoned System: The city, upon such terms as it may impose, may give a provider written permission to abandon, without removing any system or portion thereof, directly constructed, operated or maintained under a franchise. Unless such permission is granted or unless otherwise provided in this chapter, a provider shall remove within a reasonable time the abandoned system and shall restore, using prudent construction standards, any affected rights of way to their former state at the time such system was installed, so as not to impair their usefulness. In removing its plant, structures and equipment, a provider shall refill, at its own expense, any excavation necessarily made by it and shall leave all rights of way in as good condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other utility wires, poles or attachments. The city shall have the right to inspect and approve the condition of the rights of way cables, wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this chapter and any security fund provided in a franchise shall continue in full force and effect during the period of removal and until full compliance by a provider with the terms and conditions of this section.
   3. Transfer Of Abandoned System To City: Upon abandonment of any system in place, a provider, if required by the city, shall submit to the city a written instrument, satisfactory in form, to the city, transferring to the city the ownership of the abandoned system.
   4. Removal Of Above ground System: At the expiration of the term for which a franchise is granted, or upon its revocation or earlier expiration, as provided for by this chapter, in any such case without renewal, extension or transfer, the city shall have the right to require a provider to remove, at its expense, all above ground portions of a system from the rights of way within a reasonable period of time, which shall not be less than one hundred eighty (180) days. If the provider is the incumbent local exchange carrier, it shall not be required to remove its system, but shall negotiate a renewal in good faith.
   5. Leaving Underground System: Notwithstanding anything to the contrary set forth in this chapter, a provider may abandon any underground system in place so long as it does not materially interfere with the use of the rights of way or with the use thereof by any public utility, cable operator or other person.

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

For the purposes of this chapter:

1. In the case of new residential, commercial or industrial development (of any size or type), the developer shall be responsible for new street tree planting. The developer must purchase and plant in the public right of way, trees no smaller than one and one-half inch (11/2") caliper. As part of the subdivision approval, developers shall be required to submit a plan for street trees in their subdivision.
   
2. A variety of tree species, of similar shape and mature height, is required of all tree planting plans submitted to the city, with a minimum of one tree per fifty feet (50').

No street trees shall be placed any closer than forty feet (40') to any street corner, measured from the point of intersection of the street lines. No street tree shall be planted any closer than ten feet (10') to any fire hydrant. 

The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The tree board may remove or order to be removed any tree or part thereof in an unsafe condition or which by reason of nature is injurious to sewers, sidewalks, electrical power lines, gas lines, water lines or other public improvements, or is affected by any injurious insect, pest or disease. This section does not prohibit the planting of street trees by adjacent property owners provided that the selection and location of said trees is in accordance with this chapter.

1. Every owner of any tree overhanging any street or right of way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet (8') above the sidewalk and thirteen feet (13') above the street surface.
   
2. Said owners shall remove all dead, diseased, dangerous, broken or decayed limbs that constitute a menace to the safety of the public. The city shall have the right to enter upon private property to prune any tree or shrub on said private property when it interferes with the proper spread of light along the street from a streetlight, or interferes with the visibility of any traffic control device or sign.

The city shall have the right to cause the removal of any dead or diseased trees on private property, when such trees constitute a hazard to life and property, or harbor insects or disease that constitute a potential threat to other trees within the city. The tree board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within sixty (60) days after the date of service of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to enter upon said property to remove such trees and charge the cost of removal on the owner's property tax notice.

1. Application And Permit: Except for trees within a public right of way, no person shall remove or otherwise seriously disturb any tree on municipal property without first filing an application and procuring a permit from the tree board. Applications for permits must be made with the parks superintendent not less than forty eight (48) hours of the time work is to be done.
   
2. Standards Of Issuance: The tree board shall issue the permit provided for in this section if, in its judgment, the proposed work is desirable and the proposed method and workmanship thereof are of a satisfactory nature. Any permit granted shall contain a definite date of expiration and the work shall be completed in the time allowed by the permit and in the manner as therein described. Any permit shall be void if its terms are violated. Notice of completion shall be given within five (5) days to the parks superintendent for their inspection.

It is unlawful for any person to prevent, delay or interfere with Nibley City personnel, the tree board or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees or trees on private grounds as authorized in this chapter. 

It is unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing street or park trees within the city without first applying for and procuring a business license. No license shall be required of any public service company or city employee doing such work in the pursuit of their public endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of twenty five thousand dollars ($25,000.00) for bodily injury and two hundred fifty thousand dollars ($250,000.00) for property damage, indemnifying the city or any person injured or damage resulting from the pursuit of such endeavors as described in this section. 

The city council shall have the right to review the conduct, acts and decisions of the tree board. Any person may appeal any ruling or order by the tree board to the city council who may hear the matter and make a final decision.

Any person violating any of the provisions of this chapter shall be, upon a conviction or a plea of guilty, subject to a fine as listed on the current approved Consolidated Fee Schedule.

It is the purpose of this chapter to establish regulations for the designation, protection, removal and preservation of heritage trees within Nibley City, in order that Nibley residents might enjoy the benefits of a variety of trees.

HERITAGE TREE: Any tree so designated by the Nibley City tree board. 

1. A tree or stand of trees that is of historical significance;
   
2. A tree or stand of trees that is older than fifty (50) years;
   
3. A tree or stand of trees that has distinctive characteristics of form, size or shape;
   
4. A tree or stand of trees that is associated with a person or an event of community wide significance;
5. A tree or stand of trees that is scenically prominent from public view corridors.

1. Any resident may make application to the Nibley City tree board to designate a tree as a heritage tree, as follows:
   1. If the tree is on publicly owned land or on property owned by the applicant and meets the criteria for a heritage tree.
   2. If the tree is on private land not owned by the applicant, the application may still be made, provided that the application contains the signature and approval of the landowner.
2. All applications will be made to and acted upon by the Nibley City tree board.

Once a tree has been designated as a heritage tree, Nibley City will, at the property owner's expense, work with the property owner to purchase a plaque memorializing the designation. The plaque will include the location and type of the heritage tree, as well as the date it was so designated.

1. Once a heritage tree has been designated as such by the Nibley City tree board, it may not be substantially altered or removed without the approval of the Nibley City tree board.
   1. This does not include regular maintenance such as feeding, pruning, spraying for insects, etc
2. If it is determined by a licensed arborist that a tree presents a hazard to the public or to surrounding vegetation, or if it is determined that a tree is dead or diseased beyond what can be remedied, Nibley City may order that the tree be removed.
   
3. Residents wishing to remove or substantially alter a heritage tree shall apply to the Nibley City tree board who shall review the application and determine if the removal or alteration is warranted.

1. Work conducted on federal or state property;
   
2. Emergency work to protect life, limb or property;
   
3. Routine installation, maintenance and repair of underground utilities;
   
4. Activities with minor effects on trees, including, but not limited to, home gardening and landscaping of individual homes; and
   
5. Commercial forestry or horticultural activities, including, but not limited to, planting, managing, or harvesting forest or tree crops.

Any person violating any of the provisions of this chapter shall be, upon a conviction or a plea of guilty, subject to a fine as listed on the current approved Consolidated Fee Schedule.

It is the purpose of this chapter to establish rules and regulations for the protection and preservation of citizens, public property and nature found in and around City parks, trails, and outdoor recreational facilities.

1. Unless otherwise noticed by sign or other written communication by the City; City parks, trails, and outdoor recreational facilities may be used by the public every day of the year between the hours of six o'clock (6:00) a.m. and ten o'clock (10:00) p.m. Any section or part of any park, trail, or outdoor recreational facility may be declared closed to the public by the City Manager, or designee, at any time and for any interval of time, either temporarily or at regular and stated intervals, and either entirely or for certain uses as the City Manager, or designee, may find necessary to protect the safety and welfare of the public or the integrity of the park, trail, or outdoor recreational facility and related natural resources and wildlife, subject to any modifications approved, if any, by the City Council. The City Manager, or designee, may extend hours of use for public events such as for viewing fireflies, wildlife, or star gazing; or for special events that have obtained a permit.
2. It is unlawful for any person to enter or use City parks, trails, or outdoor recreational facilities outside of the hours of use set forth in this Section without written authorization from the City.
3. It is unlawful for any person to park or store any vehicle, trailers, or equipment at a park facility or park parking area overnight unless given direct permission by the City Manager, or designee. The City Manager, or designee, may grant permission for the purpose of public events, construction, and maintenance projects.
   

1. Destruction Or Defacement Of Outdoor Recreational Facilities Or Signs: It is unlawful for any person to deface, vandalize, or remove recreation facility property, buildings, or equipment, or to deface, destroy, cover, damage, or remove any placard notice, or sign or parts thereof, whether permanent or temporary, posted or exhibited by the City in or on any City park, trail, or outdoor recreational facility.
2. Disturbance Of Natural Resources: It is unlawful for any person to remove, alter, injure, or destroy any natural resource, including trees and landscaping, in or on any City park, trail or outdoor recreational facility without authorization from the City Manager, or designee, excepting actions of the City and its agents as directed by the City Manager, or designee, taken to protect the peace, safety, well-being and general welfare of the City and its citizens.
3. Trees: No items shall be attached, tied, or hung by ropes, cords, nails, screws, or another method to trees in City parks and trails including swings, slacklines, hammocks, unauthorized signs, etc. The City Parks Superintendent may make exceptions for birdhouses, notification signs, historic and heritage trees plaques, hammocks, or for tree maintenance.
4. Disturbance Of Wildlife: Unless otherwise noticed by sign or other written communication by the City, it is unlawful for any person to kill, trap, hunt, pursue, or in any manner disturb or cause to be disturbed, or have in possession any species of wildlife found in or on any City park, trail, or outdoor recreational facility. For the purpose of this subsection, the term wildlife includes any and all species of firefly. Nibley City may remove wildlife if such wildlife is deemed to be a nuisance or danger to the general public and patrons who visit the park.
   1. Fishing is allowed in the Blacksmith Fork River, designated fishing ponds, and public bodies of water as governed by State law.
5. Dogs: Dogs are permitted in all parks and on Nibley City Trails unless otherwise posted, except that dogs are not allowed in Firefly Park. All dogs must be under control and on a leash, except for in designated off-leash areas or dog parks as may be designated by the City. All dog owners or person with the dog shall clean up after their dog’s waste, and dispose of it in proper garbage receptacle, and must be in possession of a bag for such purposes whenever walking a dog on City property. Retractable and wireless leashes and leashes longer than eight (8) feet are not permitted in Nibley City parks.
6. No motorized vehicles, including recreational vehicles, side-by-sides, motorcycles, minibikes, snowmobiles, ATVs, etc, shall be permitted to drive in or on City Parks or trails except for public parking areas. Any motorized vehicles within Nibley City park or trail parking areas must be properly licensed for public street use. The City Manager, or designee, may make exceptions for maintenance and construction vehicles, and vehicles used to set up for special or city events. This code shall not apply to emergency vehicles responding to an emergency event. The City may establish speed limits and enact prohibitions for all City trails to govern the use of bicycles, electric scooters, and other permitted non-motorized vehicles.
7. Littering: It is unlawful for any person to deposit, scatter, drop, or abandon in or along any City park, trail, or outdoor recreational facility any paper, bottles, cans, sewage, waste, trash, or other debris including dirt, soil, rocks, leaves and other plant material, except in receptacles provided by the City Public Works Department for such purpose. No person shall deposit in any receptacle in any City park, trail, or outdoor recreational facility any accumulation of waste or trash generated outside the boundaries of the City park, trail, or outdoor recreational facility.
8. Disorderly Conduct: It is unlawful for any person to engage in fighting or indulge in riotous, disorderly, threatening, or indecent conduct or use any abusive, threatening, profane, or indecent language, or to play music audible to others with such language, while in or on a City park, trail, or outdoor recreational facility.
9. Alcohol, Tobacco And Controlled Substances: Unless otherwise noticed by sign or other written communication by the City, it is unlawful for any person to use, possess, or sell any alcoholic beverages, tobacco products, including e-cigarettes, drugs or other illegal or controlled substances while in or on a City park, trail, or outdoor recreational facility.
10. Noise Restrictions: It is unlawful for any person to play or cause to be played amplified music or sound in or on a City park, trail, or outdoor recreational facility without a special event permit issued by the City. Such permission or license may be denied by the City where it is reasonably believed that such noise would disturb other patrons of the City park, trail, or outdoor recreational facility, annoy residents neighboring the same, or disturb wildlife. Issuance of a permit under this subsection does not exempt the holder or permittee from all other rules, regulations, ordinances or statutes, whether State, County or City. This section shall not apply to City-sponsored events.
11. Fires and Fireworks: It is unlawful for any person to burn an open fire in a City park, trail, or outdoor recreational facility, except in barbecue, grill or fire pit areas provided by the City. No fireworks shall be allowed within a public park, including parking lots, without a special event permit issued by the City. Such permission or license may be denied by the City where it is reasonably believed that such use would disturb other patrons of the City park, trail, or outdoor recreational facility, annoy residents neighboring the same, or disturb wildlife or the environment. Issuance of a permit under this subsection does not exempt the holder or permittee from all other rules, regulations, ordinances or statutes, whether State, County or City.
12. Weapons: The use of all weapons, including firearms, bows, arrows, axes, and hatchets, blow darts, swords, staves, spears or anything designed or used for inflicting bodily harm or physical damage is prohibited within Nibley City Parks. The City may make exceptions for special events, or designated shooting or archery ranges. This section does not apply to tools that are used to maintain the park by maintenance crews.
13. The City may restrict allowed uses for the protection and preservation of public health, safety and welfare, and any public or private property facilities.
14. Grazing: It is unlawful to use any City park, trail, or outdoor recreational facility for the purposes of grazing domestic livestock, such as horses, donkeys, mules, llamas, cattle, sheep, or goats or similar livestock without written authorization from the City.
15. Concessions: It is unlawful for any person to operate any dispensary or concessions stand in or on any City park, trail, or outdoor recreational facility without the express written consent of the City.
16. Inflatable Attractions, Mechanical Rides, Water Slides: It is unlawful for any person to set up a private attraction, including, but not limited to: inflatable bounce houses, water slides, mechanical bulls, and carnival type rides in or on any City park, trail, or outdoor recreational facility without written authorization from the City. The City may only allow such uses at City sponsored events or events that have been issued a special event permit and provided sufficient insurance for these uses.
17. Camping: It is unlawful for any person to camp, lodge, or remain overnight in or on any City park, trail, or outdoor recreational facility without written authorization from the City.

1. Enforcement: Law enforcement officers, in connection with their duties imposed by law, shall enforce the provisions of this Chapter and may issue citations, arrest and/or evict any persons acting in violation of the provisions of this Chapter. These law enforcement officers shall have the authority to seize, confiscate and impound any substance, plant, animal, or another similar article that is used or possessed in violation of this Chapter.
2. Penalty: Any person found in violation of the provisions set forth herein shall be guilty of an infraction and shall be subject to applicable civil penalties.