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North Logan City Zoning Code

11 Streets

And Public Ways

25-13

16-08

15-04

18-04

18-05

19-01

19-13

20-09

22-08

22-15

11-01

11-101 Department - Superintendent Of Streets

  1. There is hereby created a department of streets which shall have general supervision of streets, sidewalks, bridges, and other public ways.
  2. The department shall be under the direction and control of the superintendent of streets.

11-102 Powers And Duties Of Street Department

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, side- walks, 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 pre- cautions to protect the public from injuries due to such defects pending their repair.

11-103 Authority To Place Traffic Control Devices Or Regulatory Signs

The mayor, or such other person or persons designated by the mayor, shall have general powers to develop, for City Council approval, policies and procedures for traffic control devices within the City. The mayor, or such other person or persons designated by the mayor shall also be empowered, using approved policies and procedures, to designate the places in the City at which appropriate traffic control devices or regulatory signs are to be placed for traffic safety or other legitimate purposes to control traffic.

HISTORY
Adopted by Ord. 06-21 on 1/1/2006

11-104 Powers And Duties Of The Mayor With Regard To Traffic Control Devices

  1. The mayor, or such other person or persons designated by the mayor, shall develop and the City Council shall approve, as they see fit, by resolution, policies and procedures to govern the placement of traffic control devices or regulatory signs to provide the necessary traffic safety control as needed within the city.
  2. The mayor, or such other person or persons designated by the mayor using approved policies and procedures, shall designate the places at which appropriate traffic control devices or regulatory signs shall be placed. Such devices and signs shall include but not be limited to signs regulating maximum speed limits, parking signs, through-street/one-way street signs, stop and yield signs, traffic warning signs, traffic signal lights, painted road stripes, signage for pedestrian walkways and bicycle paths/lanes (signs as well as painted stripes), or any other signs or control devices deemed appropriate for the general purposes of controlling traffic in a safe manner within the City.

HISTORY
Adopted by Ord. 99-08 on 1/1/1999
Amended by Ord. 06-21 on 1/1/2006

11-201 Adoption Of Uniform Traffic Code

The Utah Traffic Rules and Regulations as set forth in Chapter 6 of Title 41, Utah Code Annotated, 1953 as amended, as of the effective date of this ordinance and as may be hereinafter amended, are hereby approved and adopted as the traffic rules and regulations of the City of North Logan except as such rules and regulations may be specifically altered or modified by the ordinances of this City.

11-202 Definitions

Unless the context otherwise requires, all references in the traffic code to:

  1. The "State Road Commission" shall mean this municipality and its officers, departments, agencies, and agents.
  2. "Local Authorities" shall mean the governing body of this municipality.
  3. The "Department of Public Safety of the State of Utah" shall mean the Chief of Police of this municipality or his agent.
  4. "Magistrate" shall mean the Justice of the Court or judge of this municipality.
  5. “Vehicle Hulk” shall mean a vehicle or the remnant or remains thereof which is wrecked, dismantled or inoperative and cannot be made mechanically operative without the addition of vital parts or mechanisms and the application of a substantial amount of labor to effect repairs.
HISTORY
Amended by Ord. 25-13 on 12/10/2025

11-203 Speed Limits

  1. When appropriate traffic control or regulatory signs giving notice of speeds are posted, the prima facie maximum speed limits designated upon said signs shall apply to the appropriate streets or portions of streets so posted.
  2. In the absence of any speed limit sign designating a speed limit applicable thereto, the prima facie speed limit shall be 25 miles per hour.

11-204 Adoption Of Operators And Chauffeurs License Act

The Utah Operators and Chauffeurs License Act as set forth in Chapter 2 of Title 41, Utah Code Annotated, 1953 as amended to date and as may hereafter be amended, is hereby approved and adopted as part of the Traffic Code and control authority for the City to the extent allowable by state law.

11-205 Operation Of Vehicle By Persons Under Sixteen Prohibited

No person, whether resident or non-resident of State under sixteen (16) years of age shall operate a vehicle upon any highway within this City.

11-206 Unlawful Use Of Operators License

It shall be unlawful for any person to:

  1. Display or cause or permit to be displayed or to have in possession any operator's license knowing the same to be fictitious or to have canceled, revoked, suspended or altered;
  2. Lend to, or knowingly permit the use of, by one not entitled thereto, any operator's license issued to the person so lending or permitting the use thereof;
  3. Display or to represent as one's own any operator's license not issued to the person so displaying the same.

11-207 Unlawful To Permit Unlicensed Minor To Drive

The Traffic Safety Board shall designate the places at which appropriate traffic control devices or regulatory signs shall be placed to regulate traffic.

11-208 Unlawful To Permit Violation Of State Law

No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven by any person who has no legal right to do so or in violation of any of the provisions of state law.

11-209 Unlawful To Drive While License Suspended Or Revoked

A person whose operator's license has been suspended or revoked, as provided under state law, and who drives any motor vehicle upon the highways of this city while that license is suspended or revoked, is guilty of a crime, and upon conviction shall be punished as provided for in Section 41-2-30, Utah Code Annotated, 1953 as amended.

11-210 Through Streets

When appropriate traffic control or regulatory signs are posted at entrances to intersections identifying them a stop or yield entrances, such streets are hereby declared to be stop entrances and yield entrances as designated by said signs.

11-211 Designation Of Streets And Intersections To Be Posted

The Traffic Safety Board shall designate the places at which appropriate traffic control devices or regulatory signs shall be placed to regulate traffic.

HISTORY
Adopted by Ord. 99-08 on 1/1/1999

11-212 Snowmobiles And All-Terrain Vehicles

The provisions of Chapter 22 of Title 41, Utah Code Annotated, 1953 as amended to date and as here after may be amended, relating to the regulation of snowmobiles and all terrain vehicles are hereby adopted as part of the Traffic Code and authority of the city to the extent allowable by State Law.

11-213 Driving Animals On Streets

  1. Every person who drives any herd of sheep or band of horses, cattle or other animals upon any public street or highway without first obtaining a permit from the Chief of Police to do so is guilty of an infraction.
  2. No person shall drive livestock through this municipality upon streets not designated for that purpose except upon permission and according to the direction of the Chief of Police.

11-214 Repealed

HISTORY
Repealed by Ord. 04-01 on 1/1/2004

11-215 Repealed

HISTORY
Repealed by Ord. 04-01 on 1/1/2004

11-216 Repealed

HISTORY
Repealed by Ord. 04-01 on 1/1/2004

11-217 Repealed

HISTORY
Repealed by Ord. 04-01 on 1/1/2004

11-218 Repealed

HISTORY
Repealed by Ord. 04-01 on 1/1/2004

11-219 Repealed

HISTORY
Repealed by Ord. 04-01 on 1/1/2004

11-220 Repealed

HISTORY
Repealed by Ord. 04-01 on 1/1/2004

11-221 Victim Reimbursement Fund

A fee of $100.00 shall be imposed against each person who violates Section 41-6-44, Utah Code Annotated, 1953 as amended, as incorporated in the traffic rules and regulations of the City or a section establishing a criminal prohibition that the person was charged with violating as a result of a plea bargain after having been originally charged with violating said section, in addition to any fines and any other fees imposed, and shall be collected by the court and placed in the general fund as required by Section 41-24-1, Utah Code Annotated, 1953 as amended.

11-301 Construction By Persons

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 municipal engineer or other authorized representative of the municipality, unless special permission to deviate from such specifications is first obtained from the governing body.

11-302 Permit Required - Supervision

  1. No person, either as owner, agent, servant, contractor, or employee, shall construct any permanent sidewalk without first obtaining from the Recorder/Clerk 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 walk.
  2. It shall be unlawful to construct a sidewalk in violation of the specifications given by a proper municipal official.
  3. All sidewalks shall be constructed under the inspection of the superintendent of streets or his duly authorized representative.

11-303 Construction Of Driveways Or Changes Of Construction

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 Recorder/Clerk 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 municipality.

11-304 Building Materials In Street-Permit

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 governing body 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 governing body. Any such permit may be revoked by the governing body 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 governing body, the public interest requires such revocation

11-305 Placing Or Mixing Sand Or Gravel On Paved Street Or Sidewalk

Unless a permit from the superintendent has been obtained, it shall be unlawful to:

  1. Place or pile, or permit to be placed or piled,any sand or gravel, lime, cement, mortar, plaster, concrete, or any like substance or mixture, or allow the same to remain on any portion of paved street or sidewalk.
  2. 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.

11-306 Overflowing Of Water On Public Property

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 municipality.

11-307 Irrigation Ditches Across Sidewalks

All owners or occupants of lots in this municipality who require water from a main 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 superintendent of streets.

11-308 Removal Of Sod, Earth From Streets Or Other Property

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

11-309 Removal Of Snow

  1. 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 a reasonable time after such snow, hail, or sleet has fallen. In the case of a storm between the hours of 5 p.m. and 6 a.m. such sidewalks shall be cleaned before 9 a.m. of the same day.
  2. 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.
  3. In clearing property driveways and sidewalks, snow shall be placed on the same side of the street as the property being cleared. Snow shall not be pushed across the city road and deposited on the roadside opposite the property being cleared.
  4. Snow moved on or from sidewalks or private driveways must remain on private property beyond the city’s right-of-way so as not to impede traffic movement, create a hazardous condition, or inhibit snowplow crew removal efforts.
  5. Snow shall not be thrown, pushed or blown onto or dumped within the city right-of-way with the expectation that it will be removed or pushed aside by snowplow crews as roads are cleared.

HISTORY
Amended by Ord. 25-13 on 12/10/2025

11-310 Placing Trash Or Other Obstruction In Streets, Gutters, Sidewalks

It shall be unlawful for any person owning, occupying or having control of any premise to place, or permit to be placed upon or in the sidewalk, parking area, gutter, or on the half of the street next to such premise:

  1. Any broken ware, glass, filth, rubbish, sweepings, refuse matter, ice, snow, water, garbage, ashes, tin cans or other like substances.
  2. 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 ordinances, without the permission of the governing body first be obtained.
  3. 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.

11-311 Openings In Street

  1. It shall be unlawful for the owner or occupant of any building having a cellar which opens upon any street or sidewalk to fail to keep the door or other covering in good repair and safe for the passage of the customary traffic on the street or sidewalk. If the owner or occupant of any such building shall neglect or refuse to repair properly any such door or covering within 24 hours after notice from the superintendent of streets to do so, the superintendent shall forthwith cause such repairs to be made at the expense of the owner or occupant.
  2. It shall be unlawful to construct or maintain coal holes or other openings in streets or sidewalks, except with the special permission of the governing body, and under the direction and supervision of the superintendent of streets.

11-312 Doors Opening Into Streets

It shall be unlawful for any person, firm, or corporation owning or having the control or management of any alley, road, or passageway to construct or hang gates or doors to such alley, road, or passageway so that the gates or doors thereto, when open, shall project outwardly more than two feet over or upon the sidewalk beyond the property line.

11-313 Discharge Of Water On Street

It shall be unlawful for any person owning, occupying, or having control of any premise 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 any public property or public right-of-way.

HISTORY
Adopted by Ord. 25-13 on 12/10/2025

11-314 Crossing At Intersections

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.

11-315 Business To Keep Sidewalk 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 9 a.m.

11-316 Placing Goods On Sidewalks For Sale Or Show

No goods, wares, or merchandise shall be placed, maintained or permitted to sale or show in or on any parking area, street, or sidewalk beyond two feet from the front line of the lot, without first obtaining the written approval of the governing body. Such approval shall be granted only when such sale or show shall be a promotional activity not exceeding 48 hours and when participated in by a majority of firms seeking approval in their business areas. The governing body'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 passageway for pedestrians.

11-317 Placing Goods On Sidewalks For Receipt Of 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 one hour.

11-318 Playing On Sidewalks

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.

11-319 Congregating On Sidewalks

It is an infraction for any person or persons 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.

11-320 Encroachment Permit Required

  1. No person shall make any excavation within a public right-of-way in any street, lane, or alley, or remove any pavement or other material from any street or improvement thereon without first obtaining an encroachment permit from the City Engineer or other authorized representative of the municipality.
  2. No person shall excavate any sidewalk without first obtaining an encroachment permit from the City Engineer or other authorized personnel.
  3. Nothing contained in this part shall be construed to waive the franchise required for any person by the ordinances of this municipality or law of Utah.
  4. No person shall make any excavation for the purpose of accessing a public utility in an easment without first obtaining an encroachment permit from the City Engineer or other authorized representative of the municipality. 

HISTORY
Adopted by Ord. 96-01 on 1/1/1996

11-321 Excluded Encroachments

Only those excavations for projects accomplished by the city’s public works department do not come within the scope of this part.

HISTORY
Adopted by Ord. 96-01 on 1/1/1996

11-322 Subject Excavations

Excavations for installation or repair of water lines, sewer lines, gas lines, electrical cable and conduits, telephone cable and conduits, and all other excavations for any other purpose within the street rights-of-way of the municipality, public utility easements or in other public places do come within the scope of this part.

HISTORY
Adopted by Ord. 96-01 on 1/1/1996

11-323 Preparation

The pavement, sidewalk, driveway, or other surface shall be cut vertically along the lines forming the trench in such a manner as to not damage the adjoining pavement or hard surfacing. An undercut bevel at the rate of one inch per foot of thickness will be provided at the proposed junction between the old and new surfaces. The portion to be removed shall be broken up in a manner that will not cause damage to the pavement outside the limits of the trench. However, any pavement damaged by operations outside the limits of the trench shall be replaced. All waste material resulting from the excavation shall be removed immediately from the site of the work.

11-324 Backfill

All backfill for encroachments shall conform to one of the following backfill classes. The city engineer shall determine the required backfill class and note same on the encroachment permit when approving the permit.

  1. Class "A" Backfill (Mechanically Compacted). This class of backfill is intended for use on paved streets or other areas where immediate and thorough compaction and completion of the trench backfill is required.
    1. Compaction Procedure. The entire depth of the trench above the initial fill shall be backfilled and compacted in lifts which, prior to the compaction shall not exceed layers of 14 inches loose/12 inches compacted with each layer being approximately parallel to the pipe grade longitudinally and level transversely. The backfill material for each layer shall be evenly wetted with enough water where necessary to assure it being within plus or minus 2% of its optimum moisture content and compacted by mechanically operated tampers or vibrators until it acquires a compacted density of at least 95% of its maximum density (as determined by AASHTO. Designation T-180 Method "A" (Modified Proctor Density). Backfill shall be compacted by means of sheepsfoot rollers, pneumatic tire rollers, vibrating rollers or other mechanical tampers of size and type approved by the Engineer. Where compaction methods are used, the material shall be placed at a moisture content such that after compaction the required relative densities will be produced. Prior to compaction, each layer shall be evenly spread, moistened, and worked by disk harrowing or other means. If the required relative density is not attained, test sections will be required to determine adjustments in compacting equipment, thickness of layers, moisture content and compactive effort necessary to attain the specified minimum relative density. Any advice given by the city engineer regarding equipment, thickness of layers, moisture content and compactive effort shall not be deemed to relieve the contractor of the responsibility for attaining the specified minimum relative densities.
    2. Testing. All class “A” backfills shall require testing by a qualified individual. All relative density tests shall be made by the permittee at no expense to the city. Test results must be provided to the city engineer and the backfill approved prior to proceeding with restoration of the surface. Testing shall be performed at a random location, twice per each 100 feet (or fraction thereof) of trench. Once near a point where half the trench is filled and a second test at the top of the trench.
  2. Class B Backfill (Water Densified). This class of backfill is intended for use on paved streets or other areas where “good” compaction of the trench backfill is required but where a street is less used and not subjected to a great deal of heavy loads. Water densified backfill may only be used up to within one foot of the roadway subgrade. This top one foot must be mechanically compacted as in a Class “A” Backfill. Water settlement of trenches is not recommended in native clay, silt, or silty clay materials and will be strictly prohibited on the public way where traffic loads are fairly heavy, ranticipated in the near future, unless otherwise approved by the city engineer.
    1. Compaction Procedure. After completion of the comp action within the pipe/conduit zone, the balance of the trench shall be loosely filled with the excavated material and thoroughly saturated with water either by flooding, jetting, or other such means necessary to assure the required backfill settlement. Water shall be applied in such quantity and at a rate sufficient to thoroughly and completely saturate the entire thickness of the lift being densified. Where the trench is on a steep slope and water saturation of the backfill material is difficult due to the steepness of the slope, jetting pipes or nozzles shall be inserted into the backfill or water shall be applied to the backfill at sufficiently close intervals along the trench to ensure that the backfill will be evenly and thoroughly saturated and uniformly consolidated or densified. The depth of backfill shall not exceed that which can be readily densified by the flooding or jetting procedure, but in no case shall the undensified lift exceed 10 feet for flooding or 15 feet for jetting. If the trench depth exceeds these limits it shall be backfilled and densified in two or more lifts of approximately equal thickness. In the event that application of water alone fails to produce the required relative compaction throughout the entire thickness of the lift, the flooding or jetting shall be supplemented by the use of vibratory compaction equipment. Vibratory compaction or densification may be applied by the use of probe-type vibrators to the surface of the backfilled trench. After the water densified backfill has cured or dried out enough to be stable, the top one foot of backfill immediately below the existing or proposed roadway subgrade shall be compacted to 95% of AASHTO T-180 Method "A" (Modified Proctor Density).
    2. Testing. All class “B” backfills shall require testing by a qualified individual. All relative density tests shall be made by the permittee at no expense to the city. Test results must be provided to the city engineer and the backfill approved prior to proceeding with restoration of the surface. Testing shall be preformed at a random location, twice per each 100 feet (or fraction thereof) of trench. Once near a point where half the trench is filled and a second test at the top of the trench.
  3. Class "C" Backfill (Non Paved). This class of backfill is intended for use through open or undeveloped areas where subsequent trench settlement would not be objectionable. It is not to be used within existing or proposed street or alley rights-of-way unless specifically authorized by the city engineer.
    1. Compaction Procedure. After completion of the back filling and compaction within the pipe/conduit zone, the excavated trench material may be pushed back into the trench by mechanical or other means to a depth that is 12 inches below the top of the trench. The trench backfill shall then be thoroughly saturated with water, either by jetting, puddling, or other such means necessary to assure the required backfill settlement. After settlement has taken place, the remaining depth of trench shall be backfilled with the remaining excavated material, or imported material if necessary and pneumatically rolled by truck or roller to provide a relatively hard, compacted trench surface that is at, or slightly above, the natural ground elevation.
    2. Testing – None Required
  4. Class "D" Backfill. This class of backfill is intended for use through dedicated easements where lawn sod, shrubs, topsoil, fences, and other items must be removed and replaced by the Contractor during the trench excavation and backfill operation. This part represents the minimum requirement for encroachment through utility easements on private property and does not preclude additional requirements being imposed by property owners to ensure restoration of their property to original condition.
    1. Compaction Procedure. In areas where Class "D" backfill is required, the Contractor shall first notify the affected property owner(s) of the impending construction work through the easement. The Contractor shall then carefully remove all shrubs, fences, and other aboveground items. Carefully cut and remove all lawn sod and remove the topsoil for a depth of at least 12 inches (or the depth of the actual topsoil if less than 12 inches) with the width of the lawn sod and topsoil removal being at least two (2) feet wider (one foot per side) than the excavated trench width. The topsoil material shall be piled separately from and shall not be mixed with the remainder of the excavated material. After completion of the backfilling and compaction of the pipe zone, the remainder of the trench shall be backfilled in eight-inch lifts with the material in each lift being evenly wetted and compacted to at least 90% of its standard maximum density. The top twelve (12) inches of the trench (or actual topsoil depth referred to above) shall be backfilled in 6-inch lifts with the removed topsoil. The topsoil backfill shall be evenly wetted and compacted to 80-85% of its standard maximum density. The Contractor shall then replace the lawn sod, shrubs, fences, or other items that may have been removed from within the easement area and shall clean up and remove any rocks, dirt, or other debris that remain from the construction work. Upon conclusion of the work within the easement, the Contractor shall secure a written release from all affected property owners stating their acceptance of the work. In lieu of removing and replacing the lawn sod, the Contractor may, with the agreement of the property owner, replant the lawn or pay the property owner to replant the lawn. Such agreement shall be documented in the above referenced final letter of acceptance from the property owner(s).
    2. Testing – None Required
  5. Precautionary Measures. In all water densifiedfinal backfills, all precautions necessary shall be taken by the Contractor to prevent damage and movement (including floating) of the pipeline, structures and existing adjacent improvements and utilities. The allowance of the use of consolidation methods shall not be construed as guaranteeing or implying that the use of such methods will not results in damage to adjacent ground. The Contractor shall make his own determination in this regard, and shall assume all risks and liability for settlement or lateral movement of adjacent ground, or improvements, or utilities, either on the surface of the ground or underground.
  6. Imported Backfill Material. In the event the native excavated material is not satisfactory for backfilling, the contractor shall provide imported granular material. This granular material shall pass a three inch square sieve and shall not contain more than fifteen percent (15%) of material passing a 200 mesh sieve, and shall be free from sod, vegetation and other organic or deleterious materials.
  7. Disposal of Excess Materials. All excess materials shall be hauled away from the construction site and disposed by the contractor.

HISTORY
Adopted by Ord. 96-01 on 1/1/1996

11-325 Restoration Of Surfaces

  1. General. All street surfacing, curbs, gutters, side- walks, driveways, or other hard surfaces falling in the line of the excavation which must be removed in performance of the work shall be restored in kind by the excavator, unless otherwise directed by the governing body, in accordance with the specifications contained herein governing the various types of surfaces involved.
  2. Protection of Paved Surfaces. In order to avoid unnecessary damage to paved surfaces, track equipment shall use pavement pads when operating on or crossing paved surfaces.
  3. Time. In traffic lanes of paved streets, the excavator shall provide temporary gravel surfaces or cold mulch in good condition immediately after backfill has been placed, and shall complete permanent repairs on the street, sidewalk, curb, gutter, driveway and other surfaces, within five days from the date of completion of the backfill except for periods:
    1. When permanent paving material is not available.
    2. When weather conditions prevent permanent replacement.
    3. When an extension of time is granted by the superintendent of streets.
  4. Temporary Repair. If temporary repair has been made on paved street with gravel and a permanent repair cannot be made within the time specified above due to any of the above-mentioned conditions, then the excavator shall be required to replace the gravel with cold mulch as soon as possible.

11-326 Restoring Bituminous

Concrete or asphalt street surfaces.

  1. Temporary grade surface. Where excavations are made in paved areas, the surface shall be replaced with a temporary gravel surface. The gravel shall be placed deep enough to provide a minimum of six inches below the bottom of the bituminous or concrete surface. Normally this will require nine inches of gravel for bituminous surfaces, twelve inches of gravel for concrete, and concrete base for asphalt wearing surfaces. The gravel shall be placed in the trench at the time it is back- filled. The temporary gravel surface shall be maintained by blading, sprinkling, rolling, adding gravel, to maintain a safe, uniform surface satisfactory to the inspector until the final surface is laid. Excess material shall be removed from the premises immediately. Material for use on temporary gravel surfaces shall be obtained from sound, tough, durable gravel or rock meeting the following requirements for gradings:

    Passing l-inch sieve 100 percent
    Passing 3/4-inch sieve 85% - 100 percent
    No. 4 sieve 45% - 65 percent
    Passing No. 10 sieve 30% - 50 percent
    Passing No. 200 sieve 5% - 10 percent

  2. Bituminous surface. The exposed edges of existing pavement shall be primed with Type MC-1 bituminous material. The type, grade, and mixture of the asphalt to be used for street surface replacement shall be approved by the superintendent of streets. The thickness shall be equal to the adjacent surface thickness but not less than three inches. The complete surface shall not deviate more than one-half inch between old and new work.

11-327 Concrete Surfaces

  1. The sub-base for concrete surfaces shall be sprinkled just before placing the concrete. Joints and surfaces shall be made to match the original surfaces. The thickness of concrete shall be equal to the adjacent concrete but in no case less than six inches thick.
  2. The mixing, cement, water content, proportion, placement, and curing of the concrete will be approved by the superintendent of streets. In no case shall the concrete have less compressive strength than 3,000 pounds per square inch at the end of 28 days.

11-328 Concrete Base, Bituminous Wearing Surfaces

This type of surfacing shall be constructed as above-described.

11-329 Gravel Surfaces

Trenches excavated through gravel- surfaced area, such as gravel roads and shoulders and unpaved driveways, shall have the gravel restored and maintained as described in part 11-324 of this part, except that the gravel shall be a minimum of one inch more than the thickness of the existing gravel.

HISTORY
Adopted by Ord. 96-01 on 1/1/1996

11-330 Protection Of Public During Excavation Project

  1. Excavation operations shall be conducted in such a manner that a minimum amount of interference or interruption of street traffic will result. Inconvenience to residents and businesses fronting on public streets shall be minimized. 
  2. Suitable, adequate and sufficient barricades shall be available and used where necessary to prevent accidents involving property or persons.
  3. Barricades must be in place until all of excavator's equipment is removed from site and excavation has been backfilled and proper temporary gravel surface is in place.
  4. From sunset to sunrise all barricades and excavations must be clearly outlined by acceptable warning lights, lanterns, flares, and other devices.
  5. Police and fire departments shall be notified at least 24 hours in advance of any planned excavation requiring street closures or detour.

11-331 Relocation And Protection Of Utilities

  1. An excavator shall not interfere with any existing utility without the written consent of the governing body and without advance notice to the owner of the utility. If it becomes necessary to relocate an existing utility, it shall be done by its owner unless the owner otherwise directs.
  2. No utility, whether owned by the municipality or by a private enterprise, shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee or an expressly written agreement is made whereby the utility owner and the excavator make other arrangements relating to such cost.
  3. The permittee shall support and protect by timbers of otherwise all pipes, conduits, poles, wires, or other apparatus which may be in any way affected by the excavation work, and shall do everything necessary to support, sustain and protect them under, over, along, or across the work.
  4. In case any of the pipes, conduits, poles, wires, or apparatus should be damaged (and for this purpose pipe coating or other encasement or devices are to be considered as part of a substructure), they shall be repaired by the agency or person owning them, but the utility owner shall be reimbursed for the expense of such repairs by the permittee.
  5. It is the intent of this part that the permittee shall assume all liability for damage to substructures, and any resulting damage or injury to anyone because of such substructure damage and such assumption of liability shall be deemed a contractual obligation which the permittee accepts upon acceptance of an excavation permit. The municipality need not be made a party to any action because of this part.
  6. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage.

11-332 Jetting Pipe

Jetting pipe by means of water under pressure, or compressed air, is permitted only when approved by the municipality.

11-333 Inspection And Acceptance

In order to insure proper backfill and restoration of surface, the permittee shall deposit a fee in cash or a surety bond in the amount determined by the City Council and listed in the Master Fee Schedule and payable to the municipality, except that a public utility operating or using any of the streets under a franchise from the municipality will not be required to furnish such bond, providing such franchise obligates the holder thereof to restore the streets and to hold the municipality harmless in the event of any injury to any person or damage to any property due to negligence of such holder in conducting excavation operations under such franchise. The required surety bond must be:

  1. With good and sufficient surety in an amount equal to the cash fee required.
  2. By a surety company authorized to transact business in the state.
  3. Satisfactory to the municipal attorney in form and substance.
  4. Conditioned upon the permittee's compliance with this part in order to secure and hold the municipality and its officers harmless against any and all claims, judgments, or other costs arising from the excavation and other work covered by the excavation permit or for which the municipality, the governing body or any municipal officer may be made liable by reason of any accident or injury to any person or property through the fault of the permittee arising out of failure to properly guard the excavation or for any other negligence of the permittee.
  5. Conditioned to fill up, restore and place in good and safe condition, as near as may be to its original condition, and to the satisfaction of the municipality, all openings and excavations made in streets, and to maintain any street where excavation is made in as good condition for the period of 24 months after the work shall be done, usual wear and tear expected, as it was before the work shall have been done.
  6. Shall be valid for a period of 24 months after the encroachment work is done.

The cash fee or surety bond may be waived on a case-by-case basis at the discretion of the City Administrator for a public utility operating or using any of the streets under a franchise from the municipality, providing such franchise obligates the holder thereof to restore the streets and to hold the municipality harmless in the event of any injury to any person or damage to any property due to negligence of such holder in conducting encroachment operations under such franchise. Encroachments for these public utilities require a permit even if the fee is waived. The cash fee or surety bond will be retained by the municipality for 24 months and released only after final acceptance by the city engineer. In the event the permittee fails to comply with the provisions of this ordinance and after ten (10) day written notice to the permittee, specifying the items(s) which remain uncomplied with, then the city may proceed with all necessary repairs and charge the same against the bond or cash deposit.

HISTORY
Adopted by Ord. 96-01 on 1/1/1996

11-334 Application For Street Excavation Permit

  1. It shall be unlawful for any person to break, excavate, tunnel, undermine, or in any manner affect the surface or base of any street or to place, deposit or leave upon any street any earth or any other excavated material obstructing or tending to interfere with the free use of the street, unless such persons shall first have obtained an excavation permit therefor from the City Engineer, or other authorized representative of the municipality.
  2. Any public utility regulated by the State of Utah or holding a franchise from the municipality which in the pursuit of its calling has frequent occasion to open or make excavations in streets, may, upon application, receive a general permit from the municipality to cover all excavations such utilities may make within the streets of the municipality. Such a permit shall be in force for a maximum period of twelve months. Any such public utility to receive such a general permit must maintain records, including inspection reports, of all encroachments covered by this ordinance and present same to the city engineer upon request and upon renewal of the utilities general permit.
  3. All permits shall be subject to revocation and the municipality may refuse to issue a permit for failure of the permittee or applicant to abide by the terms and conditions of this part.
  4. Excavation permits will not be required prior to excavation in case of emergency endangering life or property, providing the municipality is notified as soon as practicable and a permit is applied for upon the next regular working day following the emergency.

HISTORY
Adopted by Ord. 91-03 on 1/1/1991
Amended by Ord. 96-01 on 1/1/1996

11-335 Encroachment Regulations And Technical Specifications

  1. The city shall by resolution adopt and amend regulations for the control and protection of city rights-of-way and technical specifications for trench excavation and backfill.
  2. All permits for encroachment in subdivisions developments and subject to the subdivision ordinance shall be subject to regulations as contained in part three of Subdivision Ordinance 12D-1000, 12D-1100, 12D-1200, through 12D-2003 and all excavation, removal of backfilling shall be in full compliance with such regulations and specifications. 
  3. The City Engineer shall be responsible for the enforcement of such regulations and specifications.
  4. Violations of this section shall constitute a Class “B” misdemeanor. (Ord. 96-01)

HISTORY
Adopted by Ord. 91-03 on 1/1/1991
Amended by Ord. 96-01 on 1/1/1996

11-401 Major Street Plan Adopted

  1. The map attached to Ordinance 78-2, with any subsequent amendments and additions, is hereby established as the Official Map and Major Street Plan of the City of North Logan.
  2. The official map and major street plan of North Logan City, Utah is hereby amended and changed to extend 1200 East Street in a straight line in a northerly direction. (See Ordinance 79-3.)
  3. The official map and major street plan of North Logan City, Utah is hereby amended and changed to show a designated 100 East Street, a 100 West Street, 200 West Street, a 400 West Street, a 600 West Street, and a 2600 North Street as shown on the plat attached to Ordinance 83-12.
  4. The official map and major street plan of North Logan, Utah is hereby amended and changed to designate 100 East Street in a straight line as shown on the amended plat. (See Ordinance 84-9.)

11-402 Building Permits

No building permit shall be issued for any building or structures or part thereof on any land located between the mapped lines of any street as shown on said official map, provided however, that the City Board of Adjustments may grant a variance consistent with the provisions of UCA 10-9-24, 1953 as amended.

11-403 Major Trails Plan

The map attached to this Ordinance, with any subsequent amendments or additions is hereby established as the Official Map and Major Trails Plan of North Logan.

HISTORY
Amended by Ord. 16-08 on 11/9/2016

11-501 Vacating A Portion Of 1515 East Street

  1. The City Council deems there to be good cause for vacating the southern fifteen (15) feet of 1515 East Street and that such vacation will not be detrimental to the general interests of the City of North Logan.
  2. Due notice having been given, the south fifteen (15) feet of 1515 East Street is hereby vacated. (See Ordinance 82-8.)

11-502 Vacating A Portion Of 1350 East Street

  1. The City Council deems there to be good cause for vacating the north 106 feet of 1350 East Street in the Pheasant Run Subdivision and that such vacation will not be detrimental to the public interest.
  2. In accordance with State Law, Sections 10-8-8.1 to 10-8-8.4, the north 106 feet of 1350 East Street within the Pheasant Run Subdivision is hereby vacated, it being more particularly described as follows:

    Beginning at the Northeast Corner of Lot 15, Pheasant Run Subdivision, Phase II, as shown by the official play thereof, recorded January 30, 2001, as Filing No. 753431, in the office of the Recorder of Cache County, Utah, and running thence South 106.47 feet; thence East 50 feet; thence North 106.47 feet; thence West 50 feet to the point of beginning.

HISTORY
Adopted by Ord. 02-02 on 1/1/2002

11-503 Vacating A Portion Of 2500 East Street

  1. The City Council deems there to be good cause for vacating the approximate 43 feet of 2500 North Street, east of 1250 East between the properties with Tax ID#s 04-05-0012 on the north and #04-056-0007 and #04-056-0008 on the south, for a length of approximately 487 feet and that such vacation will not be detrimental to the public interest.
  2. In accordance with State Law, Sections 10-8-8.1 to 10-8-8.4, the property described in paragraph (A) above and as shown on the Cache County plats is hereby vacated, it being more particularly described as the following three parcels:
    1. Commencing at the South Quarter Corner of Section 14, Township 12 North, Range 1 East of the Salt Lake Baseline and Meridian monumented with a Cache County Surveyor’s Brass Cap thence N. 89*38’04” E 417.29 feet (415 .80 feet, By Record, B.R.) along the section line to the east right-of-way line of 1250 East Street; thence along said right-of-way N 01*15’56” E 1322.07 feet; thence S 89*01’36” E 110.00 feet to the point of beginning and running thence N 01*15’56” E 12.15 feet; thence S 89*11’19” E 377.00 feet; thence S 01*44’46” W 13.21 feet; thence N 89*01’36” W 376.88 feet to the point of beginning, containing 0.11 acres. Record, B.R.) along the section line to the east right-of-way line of 1250 East Street; thence along said right-of-way N 01*15’56” E 1333.90 feet to the point of beginning and running thence N 01*15’56” E 30.00 feet along said right-of-way to the south line of Parcel 04-054-0012; thence along said south line of Parcel 04-054-0012 S 89*11’19” E 487.25 feet; thence S 01*44’46” W 30.00 feet; thence N89*11’19” W 487.00 feet to the point of beginning, containing 0.34 acres.
    2. Commencing at the South Quarter Corner of Section 14, Township 12 North, Range 1 East of the Salt Lake Baseline and Meridian monumented with a Cache County Surveyor’s Brass Cap thence N. 89*38’04” E 417.29 feet (415 .80 feet, By Record, B.R.) along the section line to the east right-of-way line of 1250 East Street; thence along said right-of-way N 01*15’56” E 1322.07 feet to the point of beginning and running thence N 01*15’56” E 11.83 feet along said right-of-way; thence S 89*11’19” E 110.00 feet; thence S 01*15’56” W 12.15 feet; thence N 89*01’36” W 110.00 feet to the point of beginning, containing 0.03 acres.
    3. Commencing at the South Quarter Corner of Section 14, Township 12 North, Range 1 East of the Salt Lake Baseline and Meridian monumented with a Cache County Surveyor’s Brass Cap thence N. 89*38’04” E 417.29 feet (415 .80 feet, By Record, B.R.) along the section line to the east right-of-way line of 1250 East Street; thence along said right-of-way N 01*15’56” E 1333.90 feet to the point of beginning and running thence N 01*15’56” E 30.00 feet along said right-of-way to the south line of Parcel 04-054-0012; thence along said south line of Parcel 04-054-0012 S 89*11’19” E 487.25 feet; thence S 01*44’46” W 30.00 feet; thence N89*11’19” W 487.00 feet to the point of beginning, containing 0.34 acres.

HISTORY
Adopted by Ord. 03-07 on 1/1/2003

11-504 Vacating A Portion Of 2550 East Street

  1. The City Council deems there to be good cause for vacating the south 33 feet of 2550 North Street, west of 1600 East, for a length of approximately 652 feet and that such vacation will not be detrimental to the public interest.
  2. In accordance with State Law, Sections 10-8-8.1 to 10-8-8.4, the south 33 feet of 2550 North Street west of 1600 East for a length of approximately 652 feet is hereby vacated, it being more particularly described as follows. This vacated right-of-way property shall be reconnected to and become a part of the property with Tax ID # 04-055-0009.

    A portion of Tax ID# 04-055-0014

    BEG AT SE COR SEC 14 T 12N R 1 E & TH N 0*33’14” W 1666.62 FT & S 89*37’52” W 33.0 FT TO TRUE POB TH S 0*33’14” E 33.0 FT ALG W LN OF 1600 EAST ST TH S 89*37’52” W 652.115 FT TH N 0*59’09” E 33.0 FT TH N 89*37’52” E 651.228 FT TO TRUE POB CONT 0.49 AC

HISTORY
Adopted by Ord. 03-09 on 1/1/2003

11-505 Vacating A Portion Of 2500 North Street

Vacating A Portion Of 2500 North Street As Platted In PLAT F Logan Farm Survey And Authorizing Its Conveyance To L. Brent Hoggan and LaConna P. Hoggan.

  1. After completing the procedures required by law, the City Council hereby determines that it is satisfied that neither the public interest nor any person will be materially injured by the proposed vacation of the real property described in Recital 3 above, and that there is good cause for the vacation inasmuch as the City agreed to abandon and convey said property to L. BRENT HOGGAN and LaCONNA P. HOGGAN in exchange for property conveyed to the City by L. BRENT HOGGAN and LaCONNA P. HOGGAN to facilitate the widening of 2500 North Street in the City and such action will not run contrary to the best interest of the residents of North Logan City.
  2. The real property described in Recital 3 above, in North Logan, Cache County, State of Utah is hereby vacated and the Mayor and Recorder of North Logan City are hereby authorized to execute, acknowledge and deliver to L. BRENT HOGGAN and LaCONNA P. HOGGAN, or their nominee, a Quit Claim Deed to said property.
HISTORY
Adopted by Ord. 15-04 on 4/22/2015

11-506 Vacating A Portion Of 1700 North Street And 270 East Street

Vacating 1700 North Street And 270 East Street From Existing 200 East And Within The Boundary Of ‘The Station At North Logan Project

  1. The City Council deems there to be good cause for vacating 300 East Street from 2400 North Street running south approximately 626.34 feet is hereby vacated (see outlined area in red on attached map).
  2. In accordance with State Law, Sections 10-8-8, the street as described above in (A) is hereby vacated. This vacated right-of-way property shall be reconnected to and become a part of the North Logan Retirement Residence Subdivision property.
HISTORY
Adopted by Ord. 18-04 on 7/18/2018

11-507 Vacating A Portion Of 300 East Street

Vacating 300 East Street As Dedicated To North Logan City As Indicated On The North Logan Retirement Residence Subdivision Plat

  1. The City Council deems there to be good cause for vacating 300 East Street from 2400 North Street running south approximately 626.34 feet is hereby vacated (see outlined area in red on attached map).
  2. In accordance with State Law, Sections 10-8-8, the street as described above in (A) is hereby vacated. This vacated right-of-way property shall be reconnected to and become a part of the North Logan Retirement Residence Subdivision property.
HISTORY
Adopted by Ord. 18-05 on 8/15/2018

11-508 Vacating A Portion Of 200 East Street

Vacating 200 East Street within the boundary of ‘Wolfpack Crossing’ project and Parcel 04-060-0027.

  1. The City Council deems there to be good cause for vacating 200 East (see outlined area in red on attached map).
  2. In accordance with State Law, Sections 10-8-8, the streets as described above in (A) is hereby vacated. This vacated right-of-way property shall be reconnected to and become a part of the adjacent properties.
HISTORY
Adopted by Ord. 19-01 on 1/2/2019

11-509 Vacating A Portion Of 600 East Street

Vacating Right-Of-Way for 600 East Street as dedicated to North Logan City as indicated on attached Exhibit A and Exhibit B.

  1. The City Council deems there to be good cause for vacating the right -of-way and road easement running along the west side of 600 East Street (being the east side of Parcel #04-116-0042 and Parcel #04-116-041) running south approximately 250 feet is hereby vacated (see Exhibit A and Exhibit B).
  2. In accordance with State Law, Sections 10-8-8, the street as described above in (A) is hereby vacated. This vacated right-of-way property shall be reconnected to and become a part of the North Logan Aspen Meadows PUD Subdivision property.
HISTORY
Amended by Ord. 19-13 on 12/18/2019

11-510 Vacating A Portion Of 600 East Street

Vacating Right-Of-Way for 600 East Street as dedicated to North Logan City as indicated on attached Exhibit A and Exhibit B.

  1. The City Council deems there to be good cause for vacating the right-of-way and road easement running along the west side of 600 East Street (being the east side of Parcel #04-116-0035, Parcel #04-116-0034 , Parcel #04-116-0033 , Parcel #04-116-0023 and Parcel #04-116-0022) running south approximately 250 feet is hereby vacated (see Exhibit A and Exhibit B).
  2. In accordance with State Law, Sections 10-8-8, the street as described above in (A) is hereby vacated. This vacated right-of-way property shall be reconnected to and become a part of the North Logan Aspen Meadows PUD Subdivision property.
HISTORY
Amended by Ord. 20-09 on 8/5/2020

11-601 Vehicles - Registration And Plates Required

Every vehicle at all times while being driven, stopped or parked upon the roadways of this city, shall: (1) be registered in the name of the owner thereof in accordance with the laws of the state, unless such vehicle is not required by the laws of Utah to be registered in this state; (2) display in proper position two valid, unexpired registration plates, one on the front and one on the rear of such vehicle; and (3) when required, current validation or indicia of registration attached to the rear plate and in a manner complying with the laws of the state of Utah, and free from defacement, mutilation, grease and other obscuring matters, so as to be plainly visible and legible at all times. However, if such vehicle is not required to be registered in this state, and the indicia of registration issued by another state, territory, possession or district of the United States, or of a foreign country, substantially complies with the provisions hereof, such registration shall be considered as compliance with this code.

HISTORY
Adopted by Ord. 04-01 on 1/1/2004

11-602 Prohibited Stopping, Standing And Parking

No person shall stop, stand or park a vehicle in any of the following places:

  1. On a sidewalk;
  2. In front of or within five (5) feet of a public or private driveway;
  3. Within an intersection;
  4. Within fifteen feet (15) of a fire hydrant;
  5. On a crosswalk;
  6. Within twenty feet (20) of a crosswalk at an intersection;
  7. Within thirty feet (30) upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a street;
  8. Within fifty feet (50) of the nearest rail of a railroad crossing;
  9. Within twenty feet (20) of the driveway entrance to any fire station;
  10. On a roadway where the vehicle stopped or parked blocks the normal flow of traffic;
  11. Adjacent to any curb painted red;
  12. Within 50 feet of any sign designating the area to be a Cache Valley Transit District bus loading zone;
  13. Upon the roadway side of another vehicle which is parked, standing or stopped except while actually engaged in loading or unloading passengers;
  14. At any place where official signs or traffic markings prohibit stopping, standing or parking;
  15. At any place in any public park, playground or grounds of any public building other than on the roads or parking lots provided for public parking;
  16. On any footpath in any park or playground;
  17. Within a marked fire lane, whether on public or private property; or
  18. On any median or island, or on any roadway dividing section.

HISTORY
Adopted by Ord. 04-01 on 1/1/2004

11-603 Left Side To Curb Prohibited

  1. Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be stopped or parked with the right-hand wheels parallel to and within eighteen inches of the right-hand curb or, if there is no curb, as close as practicable to the right edge of the right-hand shoulder.
  2. Angle parking is permitted on any street containing painted lines designating parking at an angle to the curb.

HISTORY
Adopted by Ord. 04-01 on 1/1/2004

11-604 Winter Street Maintenance-Overnight Parking Prohibited

  1. No person shall park a vehicle on any roadway or city-owned parking lot without it being attended by someone able to immediately remove the same between the hours of midnight (12:00) a.m. and six o’clock (6:00) a.m. of any day, beginning November 1st and ending March 31st of the following year, except health care professionals and/or emergency support personnel during emergency calls.
  2. To comply with subsection (A) above where no curb and gutter exists along a roadway, a vehicle must be parked six (6) feet off of the asphalt of the roadway.
  3. The parking of any vehicle in violation of this Section 11 -604 makes the vehicle susceptible to damage and poses a danger to other drivers and vehicles, particularly as it relates to the plowing and snow clearing efforts of the City and others. Therefore, the owner of any vehicle parked in violation of this Section 11-604 shall be liable for any and all loss, damage, or injury of any kind sustained by the owner, the City, or any other person as a result of the vehicle being parked in violation of this Section 11-604, including without limitation as a result of any plowing or snow cleating efforts of the City or others, and the owner shall indemnify the City against and hold the City harmless from any such loss, damage, or injury.
HISTORY
Adopted by Ord. 04-01 on 1/1/2004
Amended by Ord. 22-08 on 3/9/2022
Amended by Ord. 22-15 on 12/14/2022

11-605 Parking In Ditches Prohibited

It is unlawful for any person to park a vehicle in any ditch or gutter in such a manner as to hinder the free flow of the full stream of water through such ditch or gutter.

HISTORY
Adopted by Ord. 04-01 on 1/1/2004

11-606 Handicapped Parking

Only those vehicles carrying a distinctive (logo) handicapped license plate or transferable identification card may park in a parking space which is clearly identified as reserved for use by the handicapped. This Section applies to and may be enforced on public property and on private property which is used or intended for use by the public.

HISTORY
Adopted by Ord. 04-01 on 1/1/2004

11-607 Time Limitation For Parking On City Street Or Property

No person shall park a motor vehicle on any roadway or city owned property for forty-eight (48) or more consecutive hours. Any vehicle so parked may be impounded and removed by a City police officer. The cost of any such impoundment and removal shall be charged to the owner or any person who claims the impounded motor vehicle.

HISTORY
Adopted by Ord. 04-01 on 1/1/2004

11-608 Special Restrictions

The chief of police or city engineer, after obtaining the prior approval of the city council, may place signs or markings prohibiting or restricting the stopping, standing or parking of vehicles on any roadway or city owned property. Such signs as placed by the chief of police or city engineer shall be official signs, and no person shall stop, stand or park any vehicle in violation of the restrictions stated on such signs. A red painted curb shall mean no stopping at any time. A Blue painted curb shall mean handicapped parking only.

HISTORY
Adopted by Ord. 04-01 on 1/1/2004

11-609 Stopping, Standing And Parking - Violation - Penalty

  1. Any person engaged in the unauthorized stopping, standing or parking of a vehicle within the City and/or any registered owner of such vehicle shall be strictly liable for a civil penalty for such unauthorized stopping, standing or parking. Any penalty assessed herein may be in addition to such other penalties as may be provided by law.
    1. Civil penalties shall be imposed as follows:

      Section  Penalty
      11-601     $50.00
      11-602      50.00
      11-603      50.00
      11-604      60.00
      11-605      50.00
      11-606      95.00
      11-607      50.00
      11-608      50.00

    2. Any penalties that are paid within Fourteen (14) days from the date of receipt of notice shall be reduced by the sum of thirty-five dollars ($35.00).
    3. Any penalties that are not paid within fourteen (14) days, but are paid within twenty-eight (28) days from the date of receipt of notice shall be reduced by the sum of fifteen dollars ($15.00).
    4. As used in this Section, “receipt of notice” means the affixing of a notice to the vehicle alleged to have been employed in such unauthorized stopping, standing or parking or by delivery of such notice to the owner or driver thereof.

HISTORY
Adopted by Ord. 04-01 on 1/1/2004

11-610 Unauthorized Stopping, Standing And Parking Appeal Procedures

  1. The Mayor shall appoint such hearing officers as he or she deems appropriate to consider matters relating to unauthorized stopping, standing or parking.
  2. Any person having received notice of such unauthorized stopping, standing or parking, or the owner of any vehicle employed in such use, may submit, within five (5) working days after the date of the notice, a written Appeal, to contest the validity of the notice received. The written Appeal must state the grounds upon which the person appealing the notice believes the notice of unauthorized stopping, standing or parking is invalid or unjustified. Such written Appeal shall be referred to the hearing officer for disposition as stated in this section.
  3. The burden to prove any defense shall be upon the person raising such defense.
  4. If the hearing officer finds that no unauthorized use occurred or an unauthorized use occurred but one or more of the defenses set forth in this Section is applicable, the hearing officer may dismiss the notice of unauthorized use and release the owner or driver from liability thereunder. Such defenses are:
    1. At the time of the receipt of the notice, possession of the subject vehicle had been acquired in violation of the criminal laws of the State;
    2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property.
  5. If the hearing officer finds that an unauthorized use occurred but one or more of the defenses set forth in this Section is applicable, the hearing officer may reduce the penalty associated therewith. Such defenses are:
    1. At the time of receipt of the notice, possession of the subject vehicle had been acquired pursuant to the written lease agreement or similar written agreement;
    2. The subject vehicle was mechanically incapable of being moved from such location; provided, however, such defense shall not apply to any vehicle which remains at such location in excess of six (6) hours;
    3. Any markings, signs or other indicia of parking use regulation were not clearly visible or comprehensible;
    4. Such other mitigating circumstances as may be approved by the City Attorney.
  6. If the hearing officer finds that an unauthorized use occurred and no applicable defense exists, the hearing officer may, in the interest of justice and on behalf of the City, enter into an agreement for the timely or periodic payment of the applicable penalty.
  7. If the penalty imposed pursuant to this Chapter remains unsatisfied after forty (40) days from the receipt of notice, or ten (10) days from such date as may have been agreed to by the hearing officer, the City may use such lawful means as are available to collect such penalty, including costs and attorney fees.

HISTORY
Adopted by Ord. 04-01 on 1/1/2004
Amended by Ord. 11-01 on 1/19/2011