That certain booklet entitled "Santa Clara City Construction Design Standards", prepared and published in book form by the city of Santa Clara and as amended from time to time, a copy of which has been filed for use and examination by the public in the office of the city recorder, is approved and adopted as the minimum specifications and standards for the city. (Ord. 2010-06)

It is unlawful for any person either as owner, agent, servant, contractor, or employee to construct a street or sidewalk which does not conform to specification 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. (Prior code § 11-351)

   A.   No person, either as owner, agent, servant, contractor, or employee, shall construct any permanent sidewalk without first obtaining from the recorder a permit so to do. 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.

   B.   It is unlawful to construct a sidewalk in violation of the specifications given by a proper city official.

   C.   All sidewalks shall be constructed under the inspection of the streets supervisor or his or her duly authorized representative. (Ord. 2010-13: prior code § 11-352)

It is 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 city council 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 specification furnished by the city. (Prior code § 11-353)

It is 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. (Prior code § 11-354)

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

   A.   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;

   B.   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. (Prior code § 11-355)

It is 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. (Prior code § 11-356)

All owners or occupants of lots in this city 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. (Prior code § 11-357)

It is unlawful for any person to operate or load, or cause to be operated or loaded, a vehicle upon any public highway within the jurisdiction of the city from which any kind of debris, trash, building materials, garbage, sand, gravel, rocks, mud, and all other types of material falls, discharges, escapes, or is otherwise tracked therefrom upon the streets, sidewalks, and gutters of the city. This section shall not apply to official street maintenance, construction, or snow removal operations. (Ord. 96-10 § 1: prior code § 11-358(A))

It is unlawful for any person to operate or load, or cause to be operated or loaded, any vehicle upon any public highway within the jurisdiction of the city in which the contact points of the material being hauled are less than six inches (6") from the top of the bed, unless the vehicle is sufficiently covered or tied down so as to prevent such materials from littering, spilling, falling, discharging, or otherwise escaping therefrom upon the streets, sidewalks, and gutters of the city. This section shall not apply to official street maintenance, construction, or snow removal crews. (Ord. 96-10 § 1: prior code § 11-358(B))

It is 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. (Prior code § 11-361; amd. Ord. 2022-18, 8-10-2022)

It is unlawful for any person owning, occupying, or having control of any premises 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 premises:

   A.   Any broken ware, glass, filth, rubbish, sweepings, refuse matter, ice, snow, water, garbage, ashes, tin cans or other like substances.

   B.   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, for more than twenty-four (24) hours without first obtaining an appropriate permit from the City public works department.

   C.   Any permanent or temporary structure, mechanism, device, or other thing of any kind or character except trees planted pursuant to the provisions of applicable ordinance. (Prior code § 11-362; amd. Ord. 2022-18, 8-10-2022)

   A.   It is 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 twenty-four (24) hours after notice for 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.

   B.   It is unlawful to construct or maintain core holes or other openings in streets or sidewalks, except with the special permission of the city council, and under the direction and supervision of the superintendent of streets. (Prior code § 11-363; amd. Ord. 2022-18, 8-10-2022)

It is 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 gates or doors thereto, when open, shall project outwardly more than two feet (2') over or upon the sidewalk or beyond the property line. (Prior code § 11-364; amd. Ord. 2022-18, 8-10-2022)

It is 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. (Prior code § 11-365; amd. Ord. 2022-18, 8-10-2022)

It is 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. Except for electric bicycles, scooters, and skateboards. (Prior code § 11-366; amd. Ord. 2022-18, 8-10-2022)

It is 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 as needed. (Prior code § 11-367; amd. Ord. 2022-18, 8-10-2022)

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 an appropriate permit from the City public works department. 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 permit 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. (Prior code § 11-368; amd. Ord. 2022-18, 8-10-2022)

It is unlawful for any person to place or suffer to be placed or kept upon any sidewalk, any goods, wares, or merchandise which he or she may be receiving or delivering, without leaving a foot passageway upon such sidewalk. It is 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 twenty-four (24) hours. (Prior code § 11-369; amd. Ord. 2022-18, 8-10-2022)

   A.   It is unlawful for any person or persons to congregate about or upon any sidewalks, stairway, doorway, window or in front of any commercial business or office, civic use, or dwelling unit to obstruct or interfere with the free passage of persons entering, leaving, or occupying such building or premises.

   B.   It is unlawful for any person removing snow from the sidewalk to deposit snow, dirt, leaves, or any other material in the gutter to clog or prevent the free flow of water therein. (Prior code §§ 11-370 and 11-371; amd. Ord. 2022-18, 8-10-2022)

   A.   No person shall make an excavation in any street, lane, or alley, or remove any pavement or other material from any street or improvement thereon without first obtaining a permit from the superintendent of streets or other authorized representative of the city.

   B.   No person shall excavate any sidewalk without first obtaining a permit from the superintendent of streets or other authorized personnel.

   C.   Nothing contained in this chapter shall be construed to waive the franchise required for any person by the ordinances of this city or laws of Utah. (Prior code § 11-381)

Excavations of any kind in city streets in projects designed, contracted for, and inspected by the city engineer or other authorized personnel of the city, do not come within the scope of this chapter. (Prior code § 11-382)

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 city or in other public places, are subject to the provisions of this chapter. (Prior code § 11-383)

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 (1") 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 removed immediately from the site of the work. (Prior code § 11-384)

   A.   Materials for backfill will be of select nature. All broken concrete, peat, decomposed vegetable matter and similar materials obtained from excavation will be removed from the site prior to beginning of backfilling. All backfill will be placed in layers not over eight inches (8") loose measure in thickness. Compaction will be obtained by mechanical rollers, mechanical tampers or similar means. Material for backfilling will have optimum moisture to ensure compaction to a degree equivalent to that of the undisturbed ground in which the trench was dug. Jetting or internal vibrating methods of compacting sand fill or similar methods of compacting sand or similar granular free draining materials will be permitted.

   B.   The density (dry) of the backfill under pavements, sidewalks, curbs, or other structures will be not less than that existing prior to excavation. The fill shall be restored and placed in a good condition which will prevent settling. (Prior code § 11-385)

   A.   General: All street surfacing, curbs, gutters, sidewalks, 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 city council, in accordance with the specifications contained herein governing the various types of surfaces involved.

   B.   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.

   C.   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 (5) 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.

   D.   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. (Prior code § 11-386)

   A.   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 (6") below the bottom of the bituminous or concrete surface. Normally, this will require nine inches (9") of gravel for bituminous surfaces, twelve inches (12") of gravel for concrete, and concrete base for asphalt wearing surfaces. The gravel shall be placed in the trench at the time it is backfilled. 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 1 inch sieve      100 percent

   Passing 3/4 inch sieve   85 percent   –   100 percent

   Passing No. 4 sieve      45 percent   –   65 percent

   Passing No. 10 sieve      30 percent   –   50 percent

   Passing No. 200 sieve   5 percent   –   10 percent

   B.   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 (3"). The complete surface shall not deviate more than one-half inch (1/2") between old and new work. (Prior code § 11-387)

The subbase 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 (6") thick. 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 comprehensive strength than three thousand (3,000) pounds per square inch at the end of twenty eight (28) days. (Prior code § 11-388)

This type of surfacing shall be constructed as above described. (Prior code § 11-389)

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 section 12.12.080 of this chapter, except that the gravel shall be a minimum of one inch (1") more than the thickness of the existing gravel. (Prior code § 11-390)

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. Suitable, adequate and sufficient barricades shall be available and used where necessary to prevent accidents involving property or persons. Barricades must be in place until all the excavator's equipment is removed from the site and excavation has been backfilled and proper temporary gravel surface is in place. From sunset to sunrise all barricades and excavations must be clearly outlined by acceptable warning lights, lanterns, flares, and other devices. Police and fire departments shall be notified at least twenty four (24) hours in advance of any planned excavation requiring street closures or detour. (Prior code § 11-391)

An excavator shall not interfere with any existing utility without the written consent of the city council 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. No utility, whether owned by city or 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. The permittee shall support and protect by timbers or 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. 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 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. It is the intent of this chapter 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 city need not be made a party to any action because of this chapter. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage. (Prior code § 11-392)

Jetting pipe by means of water under pressure, or compressed air, is permitted only when approved by the city. (Prior code § 11-393)

   A.   In order to ensure proper backfill and restoration of surface, the permittee shall deposit a surety bond or cash deposit with the recorder payable to the city, except that a public utility operating or using any of the streets under a franchise from the city will not be required to furnish such bond, providing such franchise obligates the holder thereof to restore the streets and to hold the city harmless in the event of any injury to any person or damage to any property due to negligence of such holder in conducting excavation and restoration operations under such franchise. The required surety bond must be:

      1.   With good and sufficient surety;

      2.   By a surety company authorized to transact business in the state;

      3.   Satisfactory to the city attorney in form and substance;

      4.   Conditions upon the permittee's compliance with this chapter in order to secure and hold the city 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 city, the city council or any city office 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 city, all opening and excavations made in streets, and to maintain any street where excavation is made in as good condition for the period of twenty four (24) months after the work shall be done, usual wear and tear excepted, as it was before the work shall have been done.

   B.   The amount of the surety bond or cash deposit shall be established by resolution and may be changed from time to time, but until such resolution is passed the amount of surety or cash deposit shall be one hundred dollars ($100.00) and one hundred dollars ($100.00) for each foot of street the permittee shall excavate. (Prior code § 11-394)

It is 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 recorder. Any public utility regulated by the state of Utah or holding a franchise from the city 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 city to cover all excavations such utilities may make within the streets of the city. All permits shall be subject to revocation and the city may refuse to issue a permit for failure of the permittee or applicant to abide by the terms and conditions of this part. Excavation permits will not be requested prior to excavation in case of emergency endangering life or property, providing the city is notified as soon as practicable and a permit is applied for upon the next working day following the emergency. (Prior code § 11-395)

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 municipality now or hereafter enacted, it shall be a class B misdemeanor for any person to:

   A.   Construct, lay, excavate, erect, operate or maintain over, under, across, in or through any property owned or controlled by this city or utility, canal, ditch, construction or building;

   B.   Enter upon any property of this city contrary to posting or marking restricting or prohibiting use of the area;

   C.   Intentionally use or perform acts upon property of the city which materially impairs, alters, or damages the property. (Prior code § 8-111)

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 this city to repair or restore the property to its original condition prior to the damage, alteration or change. (Prior code § 8-112)

   A.   The city council may grant 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 this city, and the provisions of sections 12.16.010 and 12.16.020 of this chapter 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.

   B.   Any franchise or easement granted by this city shall be in writing and any franchise or easement not in writing shall be void. (Prior code § 8-113)

It shall not be a violation of this chapter where any person uses the public property of this city in the manner or for the purpose or purposes for which such property has been made available for public use. (Prior code § 8-114)

   A.   In any park or trail owned or operated by the City, it is unlawful to cut, break, move, take or otherwise injure, destroy or deface any trees, shrubs, plants, turf, rock or any building, fence, bridge, sign or other structure, or foul any spring or stream or leave waste items or rubbish of any kind. No person shall dump any earth, rubbish or other substance or material in or upon any park or trail without written permission of the City.

   B.   The sale, consumption or possession of intoxicating liquors or beverages and dangerous or narcotic drugs, or gambling of any kind is prohibited in any and all parks, trails and recreation facilities and areas.

   C.   No person shall make or kindle any open fire except in fireplaces and grills provided for this purpose or in private portable commercially manufactured grills or grills approved safe by the City. Coals and ashes from private grills should be dumped in existing fire pit or taken home. Grills provided for public use shall be on a first come, first served basis.

   D.   No person shall discharge or set off in parks, trails or recreation facilities or areas, any firecrackers, rockets, or explosives without advance written consent of the City. If allowed in a designated area, fireworks may be discharged July 2nd - July 5th, and July 22nd - July 25th (both until midnight), December 31st/January 1st (until 1:00 AM), and January 31st/February 1st (until 1:00 AM), Chinese New Year's Eve.

   E.   No person shall, in any park or trail, set a trap or snare, or shoot, injure, annoy, disturb, or poison any wild animal or bird, or injure or destroy any nest.

   F.   It is unlawful for any person to use threatening, abusive, insulting, or indecent language, to commit any obscene or indecent act, to fight or to create a public disturbance or nuisance in any park or trail. Any person who loiters in any park or trail under the influence of alcohol or drugs or who otherwise disturbs the peace of park or trail users by begging, soliciting, making undue noise, or engaging in disruptive activities shall be deemed to create a nuisance.

   G.   Except for City employees in City-owned vehicles, or others authorized by the City such as City contractors, no person shall ride in or drive any motor vehicle which is self-propelled upon any park land or trail except upon designated roads. It is prohibited for any person to commit any act, by use or operation, of any motor vehicle on any park land or trail, which if committed upon a public highway or street, in the State of Utah, would be prohibited and unlawful. Speed limits within all parks and upon trails shall be fifteen (15) miles per hour unless otherwise posted. No one shall test or repair any vehicle or mechanical device on any park or trail property except for electric bicycles, scooters, and skateboards. There shall be no parking at any time except in areas designated for such purposes. Abandoned vehicles shall be towed at owner's expense.

   H.   No person shall, without written permission of the City, erect, paint, paste or otherwise affix or distribute any signs, advertisement, or circulars on park or trail property. The sale of anything or the solicitation of funds or donation within any park or trail is forbidden, except upon written permission of the City.

   I.   Horses, cattle, livestock, and domestic animals of any kind are prohibited in any park or trail, except a dog or cat on a leash. It is the duty of the person who owns or possesses a dog or cat on any park or trail property to always keep the animal under control, and to immediately remove and dispose of animal feces or other waste. No animals of any kind are allowed on any fenced sports field except any registered service animal, or as may otherwise be authorized in writing by the city.

   J.   Practicing, playing, or using parks or trails for golf and archery is prohibited.

   K.   Upon park or trail property, no person shall carry a knife upon their person having a blade of three inches (3") or longer in length except in conjunction with food preparation at a designated picnic area or pavilion, or discharge a BB gun, air rifle, pistol, firearm, bow and arrow, or any other type of dangerous weapon.

   L.   Permits for playing league or casual athletic games in parks on sports fields or courts may be secured from the city on a first come, first served basis, provided the same are not otherwise previously scheduled for organized league or tournament play. A valid permit shall be displayed upon request in order to avoid conflicts in the use of facilities. Persons failing to honor a valid permit may be denied future permits to use the facilities.

   M.   No person or group may utilize any park area, trail, or facility for the purpose of teaching an individual or group any recreational skill for personal profits or financial gain without written permission of the City.

   N.   No persons are permitted in any park during the hours of darkness, except in those areas designated for extended use activities, or unless written permission is attained from the city for after dark programs. The City shall reserve the right to lock any gate, chain, or door offering access to any park, facility or building in order to restrict nighttime usage thereof.

   O.   The City Manager or his or her designee may temporarily close or curtail activities upon any lands or water, or any portions thereof, when it has been deemed to be in the best interest of public safety, conduct, health, or order.

   P.   No entertainment, demonstration, exhibition, meeting, concert, or tournament, whether public or private, shall be given in any park or on any trail without having obtained the written permission of the City no less than fourteen (14) days prior to usage.

   Q.   No group of twenty-five (25) or more persons shall use a park or trail area without first applying for and obtaining a Special Event Permit from the City. Group usage shall be limited to designated areas. Permission shall be obtained no less than three (3) days prior to usage. No person shall use loudspeakers, amplifiers, or public address systems in park without written permission.

   R.   Camping or sleeping overnight in City parks or on any trail is prohibited without advance written permission from the city.

   S.   No person or persons shall willingly encroach upon lands administered by the City.

   T.   All the aforementioned rules requiring written permission contemplate that such permits must be carried and produced upon demand.

   U.   Any person violating any of these rules and regulations shall be guilty of an infraction. Each violation shall be a separate offense.

   V.   Seeds or nuts still in the hull or shell, such as pistachios, peanuts, and sunflower seeds, are not permitted in any City Park or trail, except at a designated picnic area or pavilion. Spitting or otherwise disposing of hulls or shells anywhere other than an authorized receptacle for collection shall be considered littering under title 8, chapter 8.12 of this Code, and the additional penalties applicable to that chapter. (Ord. 2017-08; amd. Ord. 2022-19, 8-10-2022)

For purposes of this chapter, the following words or phrases shall have the following meanings:

 

It is unlawful for any person, corporation, partnership, association, or other entity, public or private, to promote, advertise or hold a special event without first obtaining a special event permit. The issuance of a permit under this chapter does not relieve the applicant of the obligation to comply with any other applicable licensing or permit requirements under Title 5 of city code. (Ord. 2023-06)

   A.   Submission: A completed application on City forms shall be submitted to the City at least forty-five (45) calendar days before the event is scheduled to take place, in order to allow sufficient time to process the application and to allow timely appeal to the City Council in the event the application is denied. Applications for new events or recurring events with changes that submit the application less than forty-five (45) calendar days prior to the scheduled event shall not be accepted. Applications are not considered complete until all required information has been submitted to the City.

   B.   Advertising: No advertising of a special event shall be permitted until City approval of the special event is granted and a special event permit is issued.

   C.   Inspections: Authorized law enforcement officers, fire control officers, and other government personnel shall be permitted free access to the event to make inspections to ensure compliance with all City, State, and Federal Laws.

   D.   Duration: Each application will indicate the duration of the event for which the permit is sought.

   E.   Security Plan: The police department requires a security plan to be in place. This information will be required as part of the online application.

The police department security requirements are:

      1.   An estimated amount of people expected at your event.

      2.   A security director on the site at all times with a cellphone. The police department will need the name and cell number of this person to contact.

      3.   The total number of security personnel.

      4.   The security personnel must be twenty-one (21) years or older.

      5.   Security personnel must be in security shirts or vests that look the same, so they are easily spotted by the police department.

      6.   The police department will need a name and phone number of someone to contact in case of questions.

   F.   Single Event Liquor License: An application for a single event liquor license under Chapter 5.08 of city code may be submitted concurrently with a special event permit application. Additionally, a local consent form must be signed by the city allowing for the State Alcoholic Beverage Control Commission to grant approval as per Utah Code 32B-9-201 prior to the special event. (Ord. 2024-16: Ord. 2023-06)

Users are required to provide a certificate of insurance with a minimum limit of one million dollars ($1,000,000.00) per person in any one occurrence and two million dollars ($2,000,000.00) aggregate. Limits for property damage are one million dollars ($1,000,000.00) in any one occurrence. Santa Clara City must be named as an additional insured. A copy of this certificate must be submitted to Santa Clara City. (Ord. 2023-06)

Application And Cost Recovery Fees: Along with the application for a special event permit, the applicant shall pay any applicable special event application fees and City cost recovery fees.

   A.   City Cost Recovery Fees: Extra City services will be provided for special events as determined by the City to be needed to protect the health, safety, and welfare of the public and shall be paid by the applicant.

      1.   City costs include, but are not limited to, police, fire/EMS, park maintenance, power, water, road closures, and cleanup of City facilities before, during, or after the event, and other costs to the City directly attributable to the special event.

      2.   Before City approval is granted to hold the event, the applicant shall pay the deposit and estimated City fees as determined by the City based on the application, the applicant's past event history with the City, and experience from similar events.

      3.   A deposit shall be required equal to at least 50% of all fees required by the city including, but not limited to application and cost recovery fees. The deposit shall be refundable within 14-days of the end of event, less any additional city recovery costs not included in the initial fee.

   B.   Invoice: The City may mail or deliver to the permit holder an invoice for the cost of City services provided and any costs incurred by the City in restoring the site. If the amount exceeds the City cost recovery fees paid in advance, the applicant shall pay the unpaid portion of the invoice within thirty (30) days of the date that the invoice was mailed or delivered. If the amount is less than the City cost recovery fees paid prior to issuance of the permit, then the remaining amount shall be returned to the applicant.

   C.   Fee Waiver: The City may waive fees for any events put on by another municipality or government agency. For all other events, an applicant may obtain a fee waiver if the event for which a permit is sought on the basis that: (1) the event is for the primary purpose that the applicant or anticipated participants may exercise a right guaranteed under the 1st Amendment of the U.S. Constitution; and (2) the applicant cannot afford to pay the fees assessed. To obtain a fee waiver, an applicant must submit a signed and notarized affidavit stating the basis for the requested waiver and include or attach any information and documentation reasonably supporting such basis, consistent with this paragraph. (Ord. 2023-06)

The City Manager, or designee(s), shall review and either approve, approve with conditions, or deny the request for a special event permit and any fee waiver request received. The City Manager, or designee(s) may refer the request for a special event permit and/or any fee waiver request to the City Council for approval. (Ord. 2023-06)

   A.   Grounds For Denial: The special event application may be denied by the City if:

      1.   The proposed special event violates a law, ordinance, policy, procedure, or regulation or poses a danger or threat to the public health, safety, or welfare, or causes unreasonable inconvenience or cost to the public;

      2.   The proposed special event is not consistent with the intended nature and use of the requested City property;

      3.   The proposed special event is scheduled at a place and time that could disrupt or interfere with an already approved special event;

      4.   The proposed location or building is not adequate to accommodate the proposed special event such as parking, sanitation facilities, and health or safety codes, or the nature of the proposed special event is such that the City, or the applicant does not have sufficient resources available to reasonably ensure compliance with applicable ordinances (such as noise limits), or to otherwise ensure the health, safety, and welfare of special event participants or the general public;

      5.   The permit application contains a material falsehood or misrepresentation;

      6.   The applicant has failed to pay a debt to the City including costs incurred during a prior special event;

      7.   Incomplete permit applications;

      8.   Failure to pay any fees assessed, and no fee waiver has been obtained; and

      9.   The applicant or any person on whose behalf the application for a permit was made has on prior occasions:

         a.   Damaged City property if the application is for an event on City property; or

         b.   Made material misrepresentations regarding the nature or scope of an event or activity previously permitted; or

         c.   Has violated the terms or prior permits issued to or on behalf of the applicant.

Any applicant for a special event permit desiring to appeal an administrative decision concerning the denial or modification of a special event permit may petition the City Council if the decision was made by the City Manager or designee(s). Any decision made by the City Council is final. All appeals shall be in writing, shall state the specific grounds for the appeal, and shall be delivered to the City Recorder within five (5) calendar days after the date the applicant received notice of the denial. An applicant may appeal the City Council's decision by seeking judicial review with the district court, which review shall be limited to a review of the record. (Ord. 2023-06)

Any person or entity who maintains or assists in maintaining a violation of this chapter shall be subject to a Class B misdemeanor, punishable as provided by law. (Ord. 2023-06)

As used in this chapter:

   BURIAL: The interment of human remains.

   BURIAL VAULT: A structure to hold a casket or container of cremated remains.

   CREMATED REMAINS: The ashes of an incinerated deceased person.

   DISINTERMENT OR EXHUMATION: The removal of a burial vault and/or casket from a plot.

   FUNERAL FLOWERS: Flowers placed on the grave at the time of burial.

   LOT: An area of ground in which burial rights are deeded to an individual for the purpose of burial.

   LOT OWNER: The owner or purchaser of burial privileges or the collateral right of use of any burial lot evidenced by a deed or burial right for a described plot or by proved and recognized decent or devise from the original owner.

   MEMORIALS: Items placed on a grave as a remembrance. Temporary memorials include, but are not limited to, potted plants, flags, floral wreaths and flowers in vases. Semi-permanent memorials include, but are not limited to, trees, shrubs and perennial flowers.

   MONUMENT OR GRAVE MARKER: A marker used to identify the person interred in a plot.

   RESIDENT: Any member of a household whose primary place of residence can be shown to be established in the City of Santa Clara, Utah.

   VETERAN: A person recognized by the U.S. Department of Veterans Affairs as having veteran status. (Ord. 2018-01)

The burial ground of this City shall be known and designated by the name of Santa Clara City Cemetery. (Ord. 2018-01)

All cemeteries owned and/or maintained by the City wherever situated are declared subject to the provisions of this chapter. (Ord. 2018-01)

   A.   The Superintendent, subject to the direction of the City Council and department head placed over him by the City Manager, has entire charge of the cemetery and is authorized to enforce the rules and regulations pertaining thereto. He may take such action as may be necessary, though not expressly set forth herein, in order to protect the property of grave and lot owners, and the cemetery, from injury, and to protect the peace, economy and good order of the cemetery. It shall be the duty of the Cemetery Superintendent to keep the cemetery plat and related records up to date, and to cooperate with the City Treasurer in maintaining records of changes and payments made pursuant to this chapter. The Cemetery Superintendent or a competent deputy or designee shall attend every interment in a cemetery and shall register the names and ages of all persons interred therein, and the place of their interment. He shall open and close graves, maintain the cemetery, and perform such other duties as may be required elsewhere in this chapter or directed by the City Council. (Ord. 2018-01)

   A.   Deed: Plots and burial spaces in lots within a cemetery as described in section 12.24.010 of this chapter, as designated on a plat to be kept in the City offices, and staked under the supervision of the Cemetery Superintendent, or any other tract of land that may hereafter be designated by the City for such purpose, shall be conveyed by deeds of right granting a license to use for burial purposes. Such deeds will be registered with the City in a book kept for that purpose and issued to the purchaser. The size of any lot or the number of lots to be sold to any person or family shall be the sole discretion of the City, but no more than six (6) lots shall be sold to one individual or his agent unless it can be shown that they are intended for immediate members of a single family or unless otherwise approved by City Council.

   B.   Descent And Inheritance: Upon the death of the registered owner, the City shall act upon its best judgment in determining heirship and succession, unless an affidavit of heirship, together with the power appointing one of the heirs to represent all, or a certified copy of decree of distribution of the estate of the deceased purchaser is first filed with the City Recorder. The City shall have no liability for a failure to properly determine the legal succession of the rights in any cemetery space.

   C.   Unused Lots: If, for a period in excess of sixty (60) years and one day from purchase of burial rights to any cemetery lot, the grantee, or persons claiming through the grantee have not used portions of the lots or parcels for purposes of burial and have not provided for the care of the lots or parcels beyond that uniformly provided for all lots of the cemetery, and during the sixty (60) year period have not given the City written notice or any claim of interest in the lots or parcels, the City may, following the procedures set forth in section 8-5-1, Utah Code Annotated, 1953, as amended, or its successor, demand the grantee that they file with the City a written notice of claim or interest in such burial rights accompanied by evidence of their claim within fifty (50) days after service of a copy of notice of demand.

   D.   Restriction On Conveyance Of Historic Lots: Lots located in the historic western portion of the cemetery, as designated by the Cemetery Superintendent, shall not be further sold, transferred, conveyed or assigned to any person except the City, except through descent and inheritance as described in subsection B of this section. Any attempted sale, conveyance, or assignment in violation of this paragraph shall be deemed to be void.

   E.   Voluntary Sell-Back: The City agrees to buy back any lot located anywhere in the cemetery when the owner thereof desires to sell it. The repurchase of such lots shall be for the original price paid by the purchaser, or the current selling price of the lot, whichever is less, except that an administrative fee shall be assessed in the amount of five percent (5%) of the repurchase price. The City may thereafter re-sell any such repurchased lots, unless a lot is located in the historic western portion of the cemetery, in which case the lot shall not be re-sold.

   F.   Revert To City: Whenever a deed to burial rights or lots reverts to the City, as provided for in this chapter, or becomes vested in the City for any reason, before a new deed is issued, the original certificate or deed shall be cancelled or an assignment given, and the record shall be so changed.

   G.   Issuance Of Deed: Each deed shall be issued and signed by the Mayor and shall be attested by the Recorder. All lots or parts of lots, as provided in this section, together with all improvements, shall be exempt from execution and from taxation and assessment for care and maintenance charges from and after said payment.

   H.   Profit Unlawful: It is unlawful for any City personnel to trade, deal in, or make a profit, directly or indirectly, out of any transaction involving the sale, purchase or transfer of any cemetery lot. (Ord. 2018-01)

   A.   Perpetual Care Required: No burial rights in the cemetery shall be sold without perpetual care for the space to be used. Perpetual care shall consist of that maintenance necessitated by natural growth and ordinary wear, and it shall be provided at reasonable intervals within the budget limits of the cemetery.

   B.   Costs: The City shall have the right to assess and collect perpetual care charges or other appropriate fees to defray the costs of care and maintenance of cemetery facilities, consistent with State law, and as set forth additionally in section 12.24.080 of this chapter. Fees and charges shall be in such amounts as established by resolution of the City Council. (Ord. 2018-01)

No body shall be interred, or remains received, unless a burial report is received from a licensed mortician and signed by the Funeral Director, which shall be an acknowledgement of the mortuary's obligation to pay for the burial, or unless the burial charges have been paid in advance to the City Treasurer and receipt therefor is presented to the Cemetery Superintendent as a permit for the burial. The burial report or receipt shall reflect the full name of the deceased, the date and place of birth, the date and place of death, and the name and address of the person responsible for disposal. (Ord. 2018-01)

   A.   Collection: The City Treasurer and other persons as the City Council may designate are hereby authorized and required to collect in advance the required fees as set by resolution of the City Council for the opening and closing of graves and other services which shall include disinterring bodies and properly restoring the earth and grounds.

   B.   Other Services: For any other service rendered, the Cemetery Superintendent shall collect a reasonable fee to be determined in advance by the City Council through resolution.

   C.   Disinterment Including Vault: If it is requested that a disinterment shall include the vault, there shall be a surcharge in such an amount as established by resolution of the City Council in addition to the above disinterment fee. Notwithstanding such surcharge, the City does not guarantee in such an event that the vault will be intact or undamaged. Disinterment of remains not placed in a vault or other sealed container are not authorized unless approved by the Mayor in writing. (Ord. 2018-01)

No graveside service or interment will be allowed in the cemetery on Sunday, on any State or Federal holiday, or any other holidays officially observed by the City, including Swiss Days. On all other days, graveside service or interments will be allowed between the hours of ten o'clock (10:00) A.M. and four o'clock (4:00) P.M. All graveside services and interments must be arranged through the Cemetery Superintendent forty eight (48) hours in advance of time set and verification of burial rights by City staff, not including any intervening Saturday, Sunday and/or holidays. Additional time will be required for opening all plots in the historic and middle sections plots 155E through 149D. Any exception to the provisions of this section shall be by the approval of Mayor based recommendation of the Parks and Trails Director and will result in the payment of additional fees. (Ord. 2020-09 § 1: Ord. 2018-01)

It shall be unlawful for any person to bury the body of a deceased person within the City limits, except in a cemetery as described in this chapter. No grave in the cemetery shall be opened or filled, refilled or sodded, except by employees of the cemetery under the direction of the Cemetery Superintendent. One interment only shall be allowed in a casket except for a parent with an infant child, for two (2) children buried at the same time, or the addition of one cremated remains placed in the casket at the time of burial. Not more than one casket shall be allowed in a grave plot, except that two (2) cremation vaults may be allowed in a half plot. All parts of a burial or cremation vault shall be no less than two feet (2') below the surface of the ground. (Ord. 2024-08: Ord. 2018-01)

Before a casket is accepted for burial, it must be housed within a concrete vault having fixed top and side panel edge restraints incorporated into the construction and having a strength capable of uniformly withstanding a stress of seven and one-half (71/2) pounds per square inch or an equivalent light weight burial container that meets industry strength standards. If a particular type or construction of a vault is rejected by the Cemetery Superintendent, the mortician or party utilizing the vault shall bear the burden of proving compliance with the strength requirements of this section. Cremated remains must be placed in a vault made of fiberglass, concrete, metal or polyethylene with strength deemed adequate by the Cemetery Superintendent. (Ord. 2024-01: Ord. 2018-01)

   A.   The owner of the burial rights to the plot or relatives of the deceased persons buried in the plot are required to erect a stone monument with the name of the deceased plainly described thereon. All graves shall be identified by a temporary marker or stone monument placed at the head of the plot in the west two feet (2') of the plot. No more than one monument or marker shall be permitted for each grave except when the deceased person is a veteran, in which case one traditional flat U.S. military marker may be placed anywhere in the plot in addition to the primary monument or marker. Monuments and markers placed prior to a burial will be removed from and replaced upon the plot following burial at the plot owners' expense.

   B.   All cemetery monuments and markers shall comply with City standards to be determined from time to time by the City Council through resolution.

   C.   In the event the owner of a plot or a burial space or relatives of a deceased person buried in such plot do not place a monument or a marker with the name of the deceased plainly inscribed thereon upon the grave within ninety (90) days after interment, the Cemetery Superintendent shall have the right to do so with a minimal stone or cement marker at the expense of the person owning it or burying in said lot. Where burial of the remains of more than one person or vault in a single plot is permitted by this chapter, either a joint combined monument or small individual markers may be used, provided they can be adequately accommodated within the limits of the plot, but the form and size of the monument or marker shall be within the discretionary approval of the Cemetery Superintendent in any event. (Ord. 2018-01)

   A.   Permanent Memorials: Up to one permanent memorial per plot is permitted in the east two feet (2') of the plot; provided, however, that permanent memorials must otherwise comply with the requirements for monuments and grave markers set forth in section 12.24.120 of this chapter. Permanent memorials placed prior to a burial will be removed from and replaced upon the plot following burial at the plot owners' expense.

   B.   Semi-Permanent Memorials: No person shall have the right to place and/or plant trees, shrubs, flowers and other semi- permanent memorial items in a plot without the approval of the Cemetery Superintendent. Approval will be based on the following criteria: plant maintenance requirements, landscape value and hardiness, interference with other plots, plants and mowing operations; consistency with landscape design.

   C.   Temporary Memorials: Temporary memorials are permitted, but will be removed without notice by cemetery employees when they become withered, discolored, torn, broken or vandalized. Funeral flowers will be allowed to remain for seven (7) days, after which cemetery employees may remove them based on the above criteria. Other temporary memorial items such as glass containers, wires, sticks, iron rods, pegs, ceramic pots or other containers that may pose safety hazards may be removed by cemetery employees at any time.

   D.   Landscaping By Private Persons: Except as may be provided by rules and regulations adopted by the City Council, it is unlawful for any person to erect and maintain any fence, corner post, coping or boundary, to plant any vegetation upon any lot or lots, street, alley or walk in the cemetery, or to grade the ground or land thereof. The Cemetery Superintendent shall, when required, furnish the true lines of any lots according to official survey, shall prevent and prohibit any markings of the same except by official landmarks and shall prevent and prohibit any grading that might destroy or interfere with the general slope of the land. (Ord. 2018-01)

   A.   Park Regulations Govern: Insofar as they may be applicable, those regulations adopted by the City to govern operation of its parks shall apply to the cemetery. However, it shall be unlawful for any person to be in a cemetery during the nighttime hours of any day. A person will be considered to be "in a cemetery" if he or she is upon any portion of the property set aside as present or future cemetery property as designated in the appropriate records of the City and County.

   B.   Patrons; Children: Cemetery patrons are only allowed in a cemetery. Children under twelve (12) years of age must be accompanied at all times on cemetery property by a parent or supervising adult eighteen (18) years of age or older.

   C.   Recreational Activities; Animals: It shall be unlawful to engage in any active recreational activity such as, but not limited to, soccer, baseball and football, or to bring any animal on cemetery property.

   D.   Burial Of Animals Or Nonhuman Items: It shall be unlawful to bury animals or other nonhuman items in a cemetery, unless the Cemetery Superintendent is directed otherwise by the City Council in a particular instance.

   E.   Double Depth Burials: Double-depth burials shall not be permitted.

   F.   Motor Vehicles: No motor vehicles shall travel off clearly designated roadways in a cemetery for any reason without consent of the Cemetery Superintendent, and where such consent is given, the owner or operator of the vehicle shall either repair any and all damage, including tire marks, which the Cemetery Superintendent determines to have caused by such vehicle, or they shall reimburse the City for the cost of such repair.

   G.   Sod Disturbance: In no event shall the sod of a cemetery be disturbed without prior approval of the Cemetery Superintendent.

   H.   Irrigation And Drainage: The right to lay, maintain and operate lines for water supply or drainage is expressly reserved to the City across any portion of the cemetery block. (Ord. 2018-01)

   A.   The City Council may by resolution designate a portion of the City Cemetery to the burial of indigents. Whenever it is made to appear to the Mayor by proof submitted to him by the Recorder that any person who has died does not have an estate sufficient to pay the purchase price of a lot in the cemetery, and that the nearest relative or representative of such deceased person desires to have the body of such deceased interred in the cemetery, the Mayor may grant burial space for such deceased person at the request made to him or her by the Recorder.

   B.   The Mayor shall communicate his or her decision to both the Recorder and the Cemetery Superintendent. The Mayor shall give report of his or her decision, whether affirmative or negative, to the City Council at its next regular meeting. All strangers without funds or other persons who may die in the City may be granted the privilege granted herein. (Ord. 2018-01)

   A.   The scheduling of a disinterment shall be at the discretion of the Cemetery Superintendent. It shall also be at the discretion of the Cemetery Superintendent to refuse to disinter any person that would endanger the health and safety of cemetery employees. Disinterment may be postponed without notice if the Cemetery Superintendent deems it necessary in order to maintain the regular operations of a cemetery.

   B.   It is unlawful for any person to disinter any buried in the City Cemetery under the direction of the City Parks Director. Before disinterment the requester shall obtain a permit issued by the Board of Health and a written order from the owner of the lot authorizing such removal or from a court of competent jurisdiction, which order shall be filed and preserved by the Cemetery Superintendent. All such removals shall be recorded by the Recorder in a book kept for that purpose.

   C.   It is unlawful for any person to remove the body of a person who has died of a contagious disease within two (2) years from the date of burial, unless such a body has been buried in a hermetically sealed coffin, and is found to be so incased. (Ord. 2018-01)

   A.   The City Council may promulgate by resolution such additional rules and regulations concerning the care, use, operation and maintenance of the cemetery as it shall deem necessary. If adopted, such policies, rules and regulations will control over less specific or conflicting provision of the park rules and regulations.

   B.   The Mayor may from time to time as the City Council deems necessary direct and publish a booklet of rules and regulations for the convenience of the purchasers of lots in the City Cemetery. Such rules and regulations shall constitute a part of the terms and conditions under which owners and users may utilize the cemetery and shall form a supplement to this chapter after they have been adopted as official by resolution of the City Council.

   C.   Any change in the rules and regulations shall be adopted by the City Council before such changes shall be official. (Ord. 2018-01)

Violation of this chapter shall constitute a Class B misdemeanor and, upon conviction, subject to penalty as provided in section 1.16.010 of this Code. (Ord. 2018-01)

   A.   Declaration Of Finding And Intent:

      1.   Findings Regarding Rights Of Way: The city finds that the rights of way within the city:

         a.   Are critical to the travel and transport of persons and property in the business and social life of the city;

         b.   Are intended for public uses and must be managed and controlled consistent with that intent;

         c.   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

         d.   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.   Finding Regarding Compensation: The city finds that the city should receive fair and reasonable compensation for use of the rights of way.

      3.   Finding Regarding 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.   Finding Regarding Promotion Of Telecommunication 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 nondiscrimination basis, responsive to community and public interest, and to assure availability for municipal, educational and community services.

      5.   Findings Regarding 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:

         a.   Fairly and reasonable compensates the city on a competitively neutral and nondiscriminatory basis as provided herein;

         b.   Encourages competition by establishing terms and conditions under which providers may use the rights of way to serve the public;

         c.   Fully protects the public interests and the city from any harm that may flow from such commercial use of rights of way;

         d.   Protects the police powers and rights of way management authority of the city, in a manner consistent with federal and state law;

         e.   Otherwise protects the public interests in the development and use of the city infrastructure;

         f.   Protects the public's investment in improvements in the rights of way; and

         g.   Ensures 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") (PL 104-104).

      6.   Power To Manage Rights Of Way: The city adopts the telecommunications ordinance codified in this chapter pursuant to its power to manage the rights of way, pursuant to common law, the Utah constitution and statutory authority, and receive fair and reasonable compensation for the use of rights of way by providers as expressly set forth by section 253 of the act.

   B.   Scope Of Chapter: 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 in the city prior to the effective date of the ordinance codified in this chapter, whether operating with or without a franchise as set forth in subsection 12.28.120B of this chapter.

   C.   Excluded Activity:

      1.   Cable TV: This chapter shall not apply to cable television operators otherwise regulated by ordinance 93-75 (cable television franchise ordinance).

      2.   Wireless Services: This chapter shall not apply to personal wireless service facilities.

      3.   Provisions Applicable To Excluded Providers: 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. (Ord. 98-18 § 1)

For purposes of this chapter, the following terms, phrases, words, and their derivatives shall have the meanings set forth in this chapter, unless the context clearly indicates that another meaning is intended. Words used in the present tense include the future tense, words in the single number include the plural number, words in the plural number include the singular. The word "shall" and "will" are mandatory, and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

   APPLICATION: The process by which a provider submits a request and indicates a desire to be granted a franchise to utilize the rights of way of all, or part of the city. An application includes all written documentation, verbal statements and representations, in whatever form or forum, made by a provider to the city concerning the construction of a telecommunications system over, under, on or through the rights of way; the telecommunications services proposed to be provided in the city by a provider; and any other matter pertaining to a proposed system or service.

   CITY: Santa Clara City, Utah.

   COMPLETION DATE: The date that a provider begins providing services to customers in the city.

   CONSTRUCTION COSTS: All costs of constructing a system, including make ready costs, other than engineering fees, attorney or accountant's fees or other consulting fees.

   CONTROL OR CONTROLLING INTEREST: Actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments or negative control, at the case may be, of the system or of a provider. A rebuttable presumption of the existence of control or a controlling interest shall arise from the beneficial ownership, directly or indirectly, by and person, or group of persons acting in concert, of more that twenty five percent (25%) of any provider (which person or group of persons is hereinafter referred to as "controlling person"). "Control" or "controlling interest" as used in this chapter may be held simultaneously by more than one person or group of persons.

   FCC: The federal communications commission, or any successor thereto.

   FRANCHISE: The rights and obligation extended by the city to a provider to own, lease, construct, maintain, use or operate a system in the rights of way within the boundaries of the city. Any such authorization, in whatever form granted, shall not mean or include: a) 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; b) 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 right 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: Means and includes all revenues of a provider that may be included as gross revenue within the meaning of chapter 26, title 11 Utah Code Annotated, 1953, 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: The telecommunications ordinance codified in this 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: Means and 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 transmission, between or among points specified by the user, of information of the user's choosing (e.g., data, video, and voice), without change in the form or content of the information sent and received.

   TELECOMMUNICATIONS SERVICE(S) OR SERVICES: Any telecommunications services provided 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 competition act of 1992 (47 USC section 521 et seq.), and the telecommunications act of 1996. Telecommunications system or systems also includes an open video system.

   TELECOMMUNICATIONS SYSTEM OR SYSTEM: All conduits, manholes, poles, antennas, transceivers, amplifiers and all other electronic devices, equipment, wire and appurtenances owned, leased, or used by a provider, located in the rights of way and utilized in the provision of services, including fully digital or analog, voice, data and video imaging and other enhanced telecommunications services. Telecommunications system or systems also includes 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. (Ord. 98-18 § 2)

   A.   Nonexclusive Franchise: 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.

   B.   Every Provider Must 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.

   C.   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 section shall not be construed to prohibit a provider from leasing conduit to another provider, so long as the lessee has obtained a franchise.

   D.   Current Providers: Except to the extent exempted by federal or state law, any provider acting without a franchise on the effective date of the ordinance codified in this chapter shall request issuance of a franchise from the city within ninety (90) days of the effective date of said ordinance. 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 subsection 12.28.090D of this chapter.

   E.   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.

   F.   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.

   G.   Term: No franchise issued pursuant to this chapter shall have a term of less than five (5) years or greater then fifteen (15) years. Each franchise shall be granted in a nondiscriminatory manner. (Ord. 98-18 § 3)

   A.   Compensation: 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, five hundred dollars ($500.00) as a nonrefundable application fee.

      2.   Franchise Fees: 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 ordinance 97-19 (excavation permit ordinance).

   B.   Timing: 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.

   C.   Fee Statement And 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.

   D.   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. Any costs associated with any work to be done by the power and public works department to provide a space on city owned poles shall be borne by the provider.

   E.   Taxes And 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 payment shall be in addition to any other fees payable pursuant to this chapter.

   F.   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 a rate charged for delinquent state taxes.

   G.   No Accord And 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.

   H.   Not In Lieu Of Other Taxes Or Fees: 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.

   I.   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.

   J.   Costs Of Publication: A provider shall assume any publication costs associated with its franchise that may be required by law. (Ord. 98-18 § 4)

   A.   Franchise Application: 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 subsection 12.28.070A2 of this chapter, granted pursuant to this chapter, an application must be filed with city on the form attached to the ordinance codified in this chapter as exhibit A, which is incorporated by reference. The application 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.

   B.   Application 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 section 12.28.060 of this chapter.

      4.   Prior to making any attachments to poles, the willingness to enter into a pole attachment agreement with the city.

   C.   Franchise Determination: 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. (Ord. 98-18 § 5)

   A.   General Requirement: 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, before commencing any work in the rights of way.

   B.   Quality: 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, the a provider shall, at its own cost and expense, promptly correct all such conditions.

   C.   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.

   D.   Relocation Of The System:

      1.   New Grades Or Lines: 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.

      2.   The City Authority To Move System In Case Of An Emergency: 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 subsection 12.28.110D of this chapter.

      3.   A Provider Required To Temporarily Move System 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.   Rights Of Way Change; Obligation To Move System: When the city is changing a rights of way and makes a written request, a provider is required to move or remove its system from the rights of way, without cost to the city, to the extent provided in the excavation ordinance. 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.

   E.   Protect Structures: 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 municipal 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 reasonable specified by the city, any municipal 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.

   F.   No Obstruction: In connection with the construction, maintenance, upgrade, repair or removal of the system, a provider shall riot 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.

   G.   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 electric safety code.

   H.   Repair: 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 ways intruded upon. The provider shall, within thirty (30) days after receipt of the statement, pay to the city the entire amount thereof.

   I.   System Maintenance: 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 applicable other 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.

   J.   Trimming Of Trees: A provider shall have the authority to trim trees, in accordance with all applicable utility restrictions, ordinance and easement restrictions, upon and hanging over rights of way so as to prevent the branches of such trees from coming in contact with its system. (Ord. 98-18 § 6)

   A.   Notification Of Sale:

      1.   Notification And Election: When a provider is the subject of a sale, transfer, assignment, sublease or disposed of, in whole or in part, either by forced 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:

         a.   The successor entity's certification that the successor entity unequivocally agrees to all of the terms of the original provider's franchise agreement; or

         b.   The successor entity's application in compliance with section 12.28.050 of this chapter.

      2.   Transfer Of Franchise: Upon receipt of a notification and certification in accordance with subsection A1a of this section, the city designee, as provided in subsection 12.28.090A1 of this chapter, 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 section 12.28.050 of this chapter.

      3.   If 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 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 section 12.28.050 of this chapter.

   B.   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. (Ord. 98-18 § 7)

   A.   Insurance, Indemnity, And Security: 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.

   B.   Oversight: 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 that the applicable statute of limitations.

   C.   Maintain Records: 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 ways where work will be undertaken. As used herein, "as built" maps includes "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 account 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.

   D.   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 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.

   E.   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.

   F.   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 that 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. (Ord. 98-18 § 8)

   A.   Enforcement And Remedies:

      1.   Enforcement; 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 Provision: 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.

   B.   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 section, 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.

   C.   Extended Operation And 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.   Continuation By Incumbent Local Exchange Carrier: 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.

   D.   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 section 12.28.030 of this chapter 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 of the ownership of the abandoned system.

      4.   Removal Of Aboveground 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 aboveground 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 right of way or with the use thereof by any public utility, cable operator or other person. (Ord. 98-18 § 9)

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. (Ord. 98-18 § 10)

   A.   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.

   B.   Severability: 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 chapter 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.

   C.   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.

   D.   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 to receive notices from the city. A provider shall immediately notify the city of any change in its name, address, or telephone number.

   E.   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. (Ord. 98-18 § 11)

   A.   Construction: This chapter shall be construed in a manner consistent with all applicable federal and state statutes.

   B.   Chapter Applicability: This chapter shall apply to all franchises granted or renewed after the effective date of the ordinance codified in this chapter. 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 of said ordinance and to a provider providing services, without a franchise, prior to the effective date of said ordinance.

   C.   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.

   D.   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.

   E.   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. (Ord. 98-18 § 12)

   A.   Santa Clara City recognizes substantial economic, environmental and aesthetic importance of the trees and plantings within the community. It is in the best interests of the citizens and public that a plan be developed to regulate the planting and maintenance of trees and other plantings in or adjacent to streets and within easements, in rights of way and other public places within the city, to provide for orderly development and protection of public facilities, and to regulate the removal of trees that contribute significantly to the value of land, preservation of resources, and quality of life in the city.

   B.   It is the intent of the city council of Santa Clara City that the terms of this chapter shall be construed as to promote:

      1.   The planting, maintenance, restoration, and survival of desirable trees within the city; and

      2.   The protection of community residents from personal injury and property damage, and the protection of Santa Clara City from property damage caused or threatened by the improper planting, maintenance, or removal of trees located in and upon public areas and rights of way within Santa Clara City. (Ord. 2008-16 § 1)

   HERITAGE TREE: Any tree which is determined to have special significance to the community as to historic value, unique quality, significant girth or height, or protected species identified in the development process as a city resource and is formally accepted as a heritage tree by the city council.

   OTHER PLANTINGS: Any shrubs, grass or ground cover planted within street rights of way or easements or in proximity thereto, or on adjoining property.

   PARKS AND RECREATION DIRECTOR: The person or designee responsible for maintenance of street trees.

   RESPONSIBLE DEVELOPER: A developer who has chosen to install street trees in a commercial, industrial or multi-family development.

   STREET TREE: Any tree hereafter planted within any street right of way or easement adjacent thereto.

   TOP OR TOPPING: The severe cutting back of limbs to stubs larger than three inches (3") in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree.

   TREE TRIMMING: The removal of plant parts to control growth and enhance performance or function in the landscape by developing and preserving tree structure and health. The removal of water sprouts, sucker growth, and hanging limbs constituting less than ten percent (10%) of the tree canopy is not considered tree trimming according to the provisions of this chapter. (Ord. 2008-16 § 1)

   A.   Authority: The parks and recreation director or designee shall be responsible for administering and enforcing this chapter. He or she shall:

      1.   Have supervision of all trees and shrubs planted or growing in public street or city owned places within the city.

      2.   Supervise and inspect the planting, trimming, spraying, preservation and removal of trees and other plants in public streets, in city cemeteries, and in city parks to promote safety and preserve the beauty of such public places.

      3.   Provide a tree management program to include a street tree inventory to evaluate city owned tree health, identify tree species to evaluate and establish a long term maintenance and replacement program, and obtain funding to ensure adequate street tree maintenance and care.

      4.   Care for all trees in the city which have been designated by the city council as heritage trees.

      5.   Supervise the maintenance of trees in the right of way of all public streets and may prune or remove such trees as he determines such action to be in the best interest of the city. (Ord. 2008-16 § 1)

   A.   Care And Maintenance: The parks and recreation director shall initiate and administer a program to provide for the planting, maintenance, care, removal and replacement of street trees, consistent with resources available.

   B.   Standards: All trees located within city streets, parks, rights of way, landscape borders, or on city maintained property should be maintained according to standards set by the National Arborist Association, International Society of Arboriculture, and Utah community forest council or other appropriate organization.

   C.   City Tree Maintenance: The city shall have the right to plant, prune, maintain, and remove street trees located within the public rights of way. The city may remove, or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewer, electrical power lines, natural gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest. This section does not prohibit the planting of street trees by adjacent property owners, providing that the selection and location of said tree is approved by the parks and recreation director or designee.

   D.   Tree Replacement: The city may replace street trees or other plantings which have died or been removed for any reason, or plant additional street trees deemed appropriate consistent with available resources.

   E.   Adjacent Property Owners To Maintain Trees On Their Property: Adjacent property owner trees and other plantings shall not overhang or encroach upon sidewalks, streets, public rights of way or other designated pedestrianways, not obstruct the view of traffic signs or any street intersection. Trees and other plantings shall be pruned clear of all branches between the ground and a height of seven feet (7') for that portion over the sidewalk or pedestrianway. Trees and other plantings that project over any street or access road that may be used for emergency purposes shall be trimmed to a height of thirteen feet six inches (13'6") from the grade of the street or access road. Said owners shall remove all dead, diseased, or dangerous trees; or broken or decayed limbs which constitute a menace to public safety at their expense.

   F.   Tree Topping: It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Trees damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this chapter at the determination of the parks and recreation director, or designee.

   G.   Planting Season: Planting season for trees planted along streets, in rights of way, in landscape borders, in parks, or city maintained properties is September 1 through April 1. This will ensure a higher survival rate of new trees. Plantings planned outside of the planting season must acquire written approval of the parks and recreation director, or designee, before proceeding. (Ord. 2008-16 § 1)

   A.   Permission Required: It shall be unlawful for any person, firm, partnership, corporation or organization of any kind to prune or remove any tree or shrub upon any public street or on any city owned property within the city without first having obtained written permission from the parks and recreation director, or designee. The request must state specifically the work to be done and shall expire thirty (30) days after the date of its issue.

   B.   Removing Stumps: Any tree, tree stump or shrub that shall be removed from city owned property shall be removed below the surface of the ground so that the top of the stump shall not project above the level of the ground, unless permission to leave a projecting stump is granted by the parks and recreation director, or designee.

   C.   City Authority: The city may condemn and remove, or order the removal of any tree, tree stump, shrub, or plant upon any of the public streets or on city owned property within this city where the same is dead, diseased or for any reason whatsoever is deemed unsafe by the parks and recreation director, or designee. The city shall have the authority to condemn and remove, or order to be removed any tree, tree stump, shrub, or plant upon private property when the parks and recreation director, or designee, shall find such action necessary for public safety or to prevent the spread of disease or insects to public trees and places. Where no apparent emergency exists, the parks and recreation director, or designee, shall give at least fifteen (15) days' notice of intent to remove any street tree to adjacent property owners of the decision to remove the street tree. (Ord. 2008-16 § 1)

   A.   Planting: It shall be unlawful for any person to plant or cause to be planted any tree in public rights of way without first obtaining written permission from the parks and recreation director, or designee. Said approval shall specify the location and variety of trees to be planted.

   B.   Trimming: It shall be unlawful for any person, other than city personnel, to trim any approved street tree without first obtaining written permission from the parks and recreation director, or designee. Permission is not required for removing sucker growth, water sprouts, minor limbs causing obstructions, or for removal of less than ten percent (10%) of the tree canopy.

   C.   Removal: Any property owner desiring to remove a tree from the park strip or easement abutting his property shall make application to the parks and recreation director, or designee. The parks and recreation director, or designee, shall determine whether or not such tree is required to be retained in order to preserve the intent and purpose of this chapter. In making this determination the parks and recreation director, or designee, shall consider the inconvenience or hardship which retention of the tree would cause the property owner, and consider also the condition, age, desirability of tree species and location. If the parks and recreation director, or designee, finds that the tree may be removed without violating the intent and spirit of this chapter, he may schedule the removal by city personnel or the property owner to remove such tree at the property owner's own expense and liability providing that any trees removed shall be replaced by street trees as approved by the parks and recreation director, or designee.

   D.   Replacement: Any replacement shall be made based on evaluation by the parks and recreation director, or designee, of the condition of the site to determine whether replacement is warranted. If permission is granted for removal of a street tree, all removal work shall be completed within thirty (30) days from the date of issuance of the authorization and shall be under the general supervision of, and in accordance with this chapter. All removal authorizations shall be null and void after the expiration of thirty (30) days from the date of issuance, unless extended by the parks and recreation director, or designee.

   E.   Considerations: In determining whether a tree may be removed and replaced, the parks and recreation director, or designee, shall consider, among other things, the following:

      1.   Whether the tree or trees pose a potential for safety problems despite a sound maintenance program;

      2.   Whether the roots from adjacent park strip trees are interfering with sewer lines servicing the abutting property to the extent that the property owner requires frequent repair of said sewer lines;

      3.   Whether the tree is dead, dying or incurably diseased;

      4.   Whether the tree is diseased and weakened by age, storm, fire or other injuries so as to pose a danger to persons, property, improvements or other trees;

      5.   Whether the tree(s) is of an undesirable species;

      6.   Whether the tree poses a hardship to the adjacent property owner such as, but not limited to, the cracking or raising of a garage floor or, in the case of a handicapped person, special circumstances exist which cause the location of the tree to become a hindrance for vehicle, and handicapped access;

      7.   Whether removal is necessary for construction of a street widening or other public improvement project, or necessary street or public improvement repair work. (Ord. 2008-16 § 1)

The property owner may plant in planting strips and easements various plantings such as lawn, various perennials or annuals, or shrubs not to exceed two feet (2') in height and which will not interfere with the functioning of any curb, gutter, sidewalk, water meter, fire hydrant, or other public facility, and will not interfere with or impair the growth of any approved street tree, or plant in landscaped areas maintained by the city as a public improvement and will not constitute a public nuisance. (Ord. 2008-16 § 1)

Planting of street trees in previously developed areas will be approved and supervised by the parks and recreation director, or designee. Trees planted in these areas will be of approved species and a sense of uniformity will be maintained where possible. Private citizens may only plant street trees in these areas with the approval of the parks and recreation director, or designee. Unapproved plantings may be removed by the city. (Ord. 2008-16 § 1)

   A.   Description: The city may, with participation of the landowner, designate trees of importance as heritage trees. Trees receiving this designation should have historical or peculiar significance to the community. Trees that are designated as heritage trees will become the responsibility of Santa Clara City and will be under the care of the parks and recreation director, or designee.

   B.   Maintenance: Heritage trees may not be pruned, sprayed, altered in any way, or removed without written consent of the parks and recreation director, or designee. Heritage trees shall be protected from construction, excavation, or any other kind of development that would negatively affect the tree, its trunk, its branches, or its root system at any time. It will be unlawful for anyone to disfigure, damage, compromise, or destroy a heritage tree.

   C.   Classification As A Heritage Tree: A tree can only be accepted as a heritage tree if:

      1.   The tree has proven historical significance, or the tree has a peculiarity that makes it significant.

      2.   The tree is free from infestation that may cause the demise of the tree.

      3.   The landowner agrees to give responsibility of the tree to the city.

      4.   The tree is free from past topping or other pruning that has significantly compromised the structure of the tree.

      5.   The tree is in apparent good health.

      6.   The tree does not exist on property lines that are in dispute.

      7.   The tree has been approved by a majority of the parks and heritage committee, or designee.

      8.   The city council has designated the tree as a heritage tree. (Ord. 2008-16 § 1)

The decision of the parks and recreation director, or designee, may be appealed by any person aggrieved by the decision. The appeal shall be in writing, signed by the applicant with a statement of reasons supporting the appeal. The appeal shall be filed with the technical review committee, or designee, not later than the fifteenth day following the decision being appealed. The technical review committee, or designee, shall hear the appeal and render an opinion within forty five (45) days. Any person excepting to any decision rendered by the technical review committee, or designee, may appeal to the council, in writing, within thirty (30) days of the date of mailing of the decision to the applicant. (Ord. 2008-16 § 1)

There is created the shade tree committee of the city of Santa Clara. The committee shall serve as an advisory body to the city council through the parks and trails department and is not vested with authority to take final action on any substantive matters which could be legally binding upon the city. (Ord. 2010-11)

The committee shall consist of seven (7) members appointed by the mayor with the advice and consent of the city council. (Ord. 2012-04)

Committee members shall be appointed for terms of three (3) years and shall serve not more than two (2) consecutive three (3) year terms, except that, as to the first appointed members, three (3) shall serve for a term of three (3) years and two (2) for a term of two (2) years, to provide for continuity of experience. Lots shall be drawn at the first meeting of the shade tree committee to determine which of the members shall serve for three (3) years and which shall serve for two (2) years. Thereafter, all appointments to the committee shall be for terms of three (3) years, and the term of each such appointment shall commence immediately upon the termination of the term which is being filled. In the event of a vacancy during a term, the successor member shall be appointed for the unexpired portion of that term. Terms shall expire on December 31. Any member may be removed for cause by the appointing authority. (Ord. 2010-11)

The mayor of the city of Santa Clara, Utah, with the advice and consent of the city council, shall appoint a member of the shade tree committee to serve as the chairperson for that body. The chairperson shall conduct all meetings and serve for a term of two (2) years. At the end of this term, he/she may be reappointed for one additional two (2) year term by a majority vote of the shade tree committee members. All subsequent chairpersons shall be appointed by a majority vote of committee members. The shade tree committee secretary and the chairperson pro tem shall be appointed by a majority vote of the committee and each shall serve for a two (2) year term. At the end of the initial two (2) year term, each may be appointed for one additional two (2) year term by a majority vote of the shade tree committee members. The secretary shall post agendas of all meetings and record and prepare accurate written minutes of all meetings to be kept on file in the records vault of the city of Santa Clara, as required by law. The chairperson pro tem shall conduct meetings in the absence of the chairperson. (Ord. 2010-11)

The members of the shade tree committee shall serve without compensation, except that the city council shall provide for reimbursement of the members for actual expenses incurred, upon presentation of proper receipts and vouchers. (Ord. 2010-11)

The shade tree committee shall adopt such rules and procedures as it may deem necessary for the proper conduct of its business. A record shall be kept of its proceedings; such record shall be open to inspection by the public during regular office hours. (Ord. 2010-11)

A quorum shall consist of three (3) members of the committee, including the chairman. No evidence shall be presented or matter discussed unless a quorum is present. The concurring vote of a majority of those present shall be required to carry and pass any motion. All members of the shade tree committee shall vote on all matters before the committee. (Ord. 2010-11)

The committee shall recommend actions to improve the long term health and safety of our forest resources through selection of proper tree species, prioritized pruning, and hazard tree programs; maintain the designation of "tree city USA" for the city; involve residents in annual Arbor Day celebrations with tree plantings and other activities; create an adopt-a-tree sponsoring program for citizens or businesses; promote resident tree planting programs to aid in revitalizing and expanding the tree population; promote tree awareness and stewardship among residents through educational workshops and literature; work directly with local schools to promote trees and seek funding through various grants and donations. (Ord. 2010-11)

Violation of the provisions of this chapter shall constitute a class B misdemeanor, punishable as provided by law. (Ord. 2010-11)