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12-0
TITLE 12
STREETS, SIDEWALKS AND PUBLIC PLACES
Chapters: 12.04 Sidewalk Use Regulations
12.08 Construction and Repair of Streets
and Sidewalks
12.10 Storage and Disposal on Public
Property
12.12 Excavations
12.16 Camping
12.20 Cemeteries
12.22 Hyrum City Tree Ordinance
12.24 Excavation Permit
12.28 Telecommunications rights-of-way
12-0
12.04-1
Chapter 12.04
SIDEWALK USE REGULATIONS
Sections: 12.04.010 Snow, hail and sleet removal.
12.04.020 Obstructions prohibited.
12.04.030 Cellar door openings.
12.04.040 Coal holes and other openings.
12.04.050 Doors or gates opening over or upon.
12.04.060 Discharge of water onto sidewalks prohibited.
12.04.070 Crossing restrictions.
12.04.080 Adjacent businesses to keep clean.
12.04.090 Use for sale or display of goods.
12.04.100 Temporary use for placement of goods being
received or to be delivered.
12.04.110 Playing on.
12.04.120 Obstruction.
12.04.010 Snow, hail and sleet removal.
A. 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. In the case of a storm between the hours of
five p.m. and six a.m., such sidewalks shall be
cleaned before nine a.m. of the same day.
B. It is unlawful for any person removing snow from
the sidewalk to deposit snow, dirt, leaves or any
other material in the gutter so as to clog or
prevent the free flow of water therein. (Prior code
§ 11-361)
12.04.020 Obstructions prohibited.
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, or the passage over and upon the
same, or any part thereof, except as expressly
authorize by ordinance, without the permission of
the governing body first had and obtained;
C. Any permanent or temporary structure, mechanism,
device, vehicle, or other thing of any kind or
character except trees planted pursuant to the
12.04-2
provisions of applicable ordinances. (Prior code §
11-362)
12.04.030 Cellar door openings.
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 hours after notice from the superintendent
of streets to do so, the superintendent shall forthwith cause
such repairs to be made at the expense of the owner occupant.
(Prior code § 11-363 (A))
12.04.040 Coal holes and other openings.
It is unlawful to construct or maintain coal holes or
other openings in streets or sidewalks, except with the
special permission of the governing body, and under the
direction and supervision of the superintendent of streets.
(Prior code § 11-363 (B))
12.04.050 Doors or gates opening over or upon.
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 the gates or doors thereto, when
open, shall project outwardly more than two feet over or upon
the sidewalk beyond the property line. (Prior code § 11-364)
12.04.060 Discharge of water onto sidewalks prohibited.
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 the sidewalk.
(Prior code § 11-365)
12.04.070 Crossing restrictions.
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.
(Prior code § 11-366)
12.04.080 Adjacent businesses to keep clean.
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 each morning before
the hour of nine a.m. (Prior code § 11-367)
12.04.090 Use for sale or display of goods.
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 from the front line
12.04-3
of the lot, without first obtaining the written approval of
the governing body. Such approval shall be granted only when
such sale or show shall be a promotional activity not
exceeding forty-eight hours and when participated in by a
majority of firms seeking approval in their business areas.
The governing body's written approval shall specifically
provide that no goods, wares or merchandise shall be placed in
such a manner as to leave less than a six-foot passageway for
pedestrians. (Prior code § 11-368)
12.04.100 Temporary use for placement of goods being received
or to be delivered.
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 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 two hours. (Prior code § 11-
369)
12.04.110 Playing on.
Every person who obstructs the sidewalk or street by
playing any game or engaging in any activity which obstructs
the free travel thereon is guilty of an infraction. (Prior
code § 11-370)
12.04.120 Obstruction.
It is unlawful for any person to commit in or upon any
public street, public highway, public sidewalk or any other
public place or building, any act or thing which is an
obstruction or interference to the free and uninterrupted use
of property or with any business lawfully conducted by anyone
in, upon, facing or fronting on any such public street, public
highway, public sidewalk or any other public place or
building, all of which prevents the free and uninterrupted
ingress, egress, and regress, therein, thereon and thereto.
(Prior code § 11-371, Ord. 95-12)
12.04-4
12.08-1
Chapter 12.08
CONSTRUCTION AND REPAIR OF STREETS AND SIDEWALKS
Sections: 12.08.010 Conformance to specifications.
12.08.020 Sidewalk construction-Permit required-
Supervision.
12.08.030 Driveway construction or alteration-Permit
required.
12.08.040 Construction of driveways or bridges over
waterways.
12.08.050 Ditches-Approval required prior to covering.
12.08.060 Use of streets when repairing or constructing
buildings on abutting land.
12.08.070 Placing or mixing sand or gravel on paved
streets or sidewalks.
12.08.080 Overflowing of water onto streets, sidewalks
or public property.
12.08.090 Removal of sod or earth from streets or public
places.
12.08.100 Irrigation ditches.
12.08.010 Conformance to specifications.
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 specifications established
by the municipal engineer or other authorized representative
of the municipality, unless special permission to deviate from
such specification is first obtained from the governing body.
(Prior code § 11-351)
12.08.020 Sidewalk construction-Permit required-Supervision.
A. No person, either as owner, agent, servant,
contractor or employee, shall construct any perma-
nent sidewalk without first obtaining from the re-
corder/clerk 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 municipal
official.
C. All sidewalks shall be constructed under the
inspection of the superintendent of streets or his
duly authorized representative. (Prior code § 11-
352)
12.08.030 Driveway construction or alteration-Permit required.
It is unlawful for any person to construct a driveway
across a sidewalk, or cut or change the construction of a
sidewalk, curb or gutter without first making written
application and obtaining from the recorder/clerk a permit to
12.08-2
do so. The acceptance of such permit shall be deemed an
agreement on the part of such person to construct the driveway
in accordance with specifications furnished by the
municipality. (Prior code § 11-353)
12.08.040 Construction of driveways or bridges over waterways.
Construction of driveways or bridges over waterways must
first be approved by the city and/or the Hyrum Irrigation
Company. (Prior code § 11-359 (B))
12.08.050 Ditches-Approval required prior to covering.
Ditches shall not be covered without prior approval of
the city or the Hyrum Irrigation Company. (Prior code § 11-359
(A))
12.08.060 Use of streets when repairing or constructing
buildings on abutting land.
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 governing body a permit
for the occupation or use of such portions of streets for such
periods of time and under such limitations and restrictions as
may be required by the governing body. Any such permit may be
revoked by the governing body at any time when the holder
thereof fails to comply with any rule or regulation under
which it is granted, or when, in the opinion of the governing
body, the public interest requires such revocation. (Prior
code § 11-354)
12.08.070 Placing or mixing sand or gravel on paved streets
or sidewalks.
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, con-
crete, 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)
12.08.080 Overflowing of water onto streets, sidewalks or
public property.
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 municipality. (Prior
code § 11-356)
12.08.090 Removal of sod or earth from streets or public
places.
No person shall dig, cut or remove any sod or earth from
12.08-3
any street or other public place without a permit from the
superintendent of streets. (Prior code § 11-358)
12.08.100 Irrigation ditches.
All owners or occupants of lots in this municipality who
require water from a main ditch for irrigation or other
purposes shall dig ditches, erect flumes, lay pipes and
install culverts, as needed, and maintain the same to convey
water under sidewalks to and 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 Hyrum Irrigation
Company and/or Hyrum City council. (Prior code § 11-357)
12.08-4
12.10-1
Chapter 12.10
STORAGE AND DISPOSAL ON PUBLIC PROPERTY
Sections: 12.10.010 Definitions.
12.10.020 Storage and disposal on public property.
12.10.010 Definitions.
The following terms used in this chapter shall have the
respective meanings set forth as follows:
"Public property" means any parcel or tract of land owned by
Hyrum City, including city parks, city buildings, roadways,
and public rights-of-way between private property lines on
either side of a roadway. It does not include easements over
private property that have been dedicated to or are controlled
by the city.
12.10.020 Storage and disposal on public property.
It is unlawful for any person to store or dispose of any
of the following on public property except at locations
provided specifically for the purpose such as recycling
centers: construction materials, animal feed, waste plant
material such as lawn clippings, prunings, branches, limbs,
garden waste, or any other vegetative matter, gravel, dirt,
wasted concrete, old tires, debris, garbage, or litter of any
type, chemicals, fuel, and any other substance that may be
unsightly or deleterious to the health, safety, and welfare of
the community.(Ord.07-05)
12.10-2
12.12-1
Chapter 12.12
EXCAVATIONS
Sections: 12.12.010 Applicability.
12.12.020 Exclusions.
12.12.030 Permit-Required.
12.12.040 Permit-Exceptions to requirement.
12.12.050 Permit-Issuance-Public utilities.
12.12.060 Permit-Denial-Revocation.
12.12.070 Bond requirements.
12.12.080 Cut specifications-Removal of waste material.
12.12.090 Backfill.
12.12.100 Surface-Responsibility-Compliance with
applicable specifications required.
12.12.110 Surface restoration-Use of pavement pads on
track equipment.
12.12.120 Surface restoration-Time frame for
completion.
12.12.130 Surface restoration-Temporary repair.
12.12.140 Surface restoration-Temporary gravel and
bituminous surfaces.
12.12.150 Surface restoration-Concrete surfaces.
12.12.160 Surface restoration-Concrete base, bituminous
wearing surfaces.
12.12.170 Surface restoration-Gravel surfaces.
12.12.180 Protection of public.
12.12.190 Utilities-Relocation and protection-Liability
for damage.
12.12.200 Jetting pipe.
12.12.010 Applicability.
The following types of excavations are subject to the
provisions of this chapter:
A. Excavations for installation or repair of water
lines, sewer lines, gas lines, electrical cable and
conduits, telephone cable and conduits, and all
other excavations for any other purpose within the
street rights-of-way of the municipality or in
other public places. (Prior code § 11-383)
12.12.020 Exclusions.
The following types of excavations do not come within the
scope of this chapter:
A. Excavations of any kind in municipal streets in
projects designed, contracted for and inspected by
the municipal engineer or other authorized
personnel of the municipality. (Prior code § 11-
382)
12.12.030 Permit-Required.
A. No person shall make any excavation in any street,
lane or alley, or remove any permanent or other
12.12-2
material from any street or improvement thereon
without first obtaining a permit from the superin-
tendent of streets or other authorized rep-
resentative of the municipality.
B. No person shall excavate any sidewalk without first
obtaining a permit from the superintendent of
streets or other authorized personnel.
C. 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 person shall first have obtained an excavation
permit therefor from the recorder/clerk.
D. Nothing contained in this chapter shall be
construed to waive the franchise required for any
person by the ordinances of this municipality or
laws of Utah. (Prior code § 11-381, 11-395 (part))
12.12.040 Permit-Exceptions to requirement.
Excavation permits will not be requested prior to
excavation in case of emergency endangering life or property,
providing the municipality is notified as soon as practicable
and a permit is applied for upon the next regular working day
following the emergency. (Prior code § 11-395 (part))
12.12.050 Permit-Issuance-Public utilities.
Any public utility regulated by the state or holding a
franchise from the municipality which in the pursuit of its
calling has frequent occasion to open or make excavations in
streets may, upon application, receive a general permit from
the municipality to cover all excavations such utilities may
make within the streets of the municipality. (Prior code § 11-
395 (part))
12.12.060 Permit-Denial-Revocation.
All permits shall be subject to revocation and the
municipality may refuse to issue a permit for failure of the
permittee or applicant to abide by the terms and conditions of
this chapter. (Prior code § 11-395 (part))
12.12.070 Bond requirements.
A. In order to insure proper backfill and restoration
of surface, the permittee shall deposit a surety
bond or cash deposit with the recorder/clerk
payable to the municipality, except that a public
utility operating or using any of the streets under
a franchise from the municipality will not be
required to furnish such bond, providing such
franchise obligates the holder thereof to restore
the streets and to hold the municipality harmless
in the event of any injury to any person or damage
to any property due to negligence of such holder in
12.12-3
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 municipal attorney in form
and substance;
4. Conditioned upon the permittee's compliance
with this chapter in order to secure and hold
the municipality and its officers harmless
against any and all claims, judgments or other
costs arising from the excavation and other
work covered by the excavation permit or for
which the municipality, the governing body or
any municipal officer may be made liable by
reason of any accident or injury to any person
or property through the fault of the permittee
arising out of failure to properly guard the
excavation or for any other negligence of the
permittee;
5. Conditioned to fill up, restore and place in
good and safe condition, as near as may be to
its original condition, and to the
satisfaction of the municipality, all openings
and excavations made in streets, and to
maintain any street where excavation is made
in as good a condition for the period of
twenty-four months after the work shall be
done, usual wear and tear excepted, as it was
before the work was 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 two hundred dollars and five dollars for each
foot of street the permittee shall excavate. (Prior
code § 11-394)
12.12.080 Cut specifications-Removal of waste material.
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
hardsurfacing. An undercut bevel at the rate of one inch per
foot of thickness will be provided at the proposed junction
between the old and new surfaces. The portion to be removed
shall be broken up in a manner that will not cause damage to
the pavement outside the limits of the trench. However, any
pavement damaged by the operations outside the limits of the
trench shall be replaced. All waste material resulting from
the excavation shall be removed immediately from the site of
work. (Prior code § 11-384)
12.12.090 Backfill.
A. Materials for backfill will be of select nature.
12.12-4
All broken concrete, peat, decomposed vegetable
matter and similar materials obtained from the
excavation will be removed from the site prior to
beginning of the backfilling. All backfill will be
placed in layers not over eight inches loose
measure in thickness. Compaction will be obtained
by mechanical rollers, mechanical tampers or
similar means. Material for backfilling will have
optimum moisture to insure 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 good condition
which will prevent settling. (Prior code § 11-385)
12.12.100 Surface-Responsibility-Compliance with applicable
specifications required.
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 governing body, in accordance with the
specifications contained herein governing the various types of
surfaces involved. (Prior code § 11-386 (A))
12.12.110 Surface restoration-Use of pavement pads on track
equipment.
In order to avoid unnecessary damage to paved surfaces,
track equipment shall use pavement pads when operating on or
crossing paved surfaces. (Prior code § 11-386 (B))
12.12.120 Surface restoration-Time frame for completion.
In traffic lanes of paved streets, the excavator shall
provide temporary gravel surfaces or cold mulch in good
condition immediately after backfill has been placed, and
shall complete permanent repairs on the street, sidewalk,
curb, gutter, driveway and other surfaces within five days
from the date of completion of the backfill except for
periods:
A. When permanent paving material is not available;
B. When weather conditions prevent permanent
replacement;
C. When an extension of time is granted by the
superintendent of streets. (Prior code § 11-386
(C))
12.12.130 Surface restoration-Temporary repair.
If temporary repair has been made on paved street with
gravel and a permanent repair cannot be made within the time
12.12-5
specified in Section 12.12.120 due to any of the conditions
mentioned therein, then the excavator shall be required to
replace the gravel with cold mulch as soon as possible. (Prior
code § 11-386 (D))
12.12.140 Surface restoration-Temporary gravel and bituminous
surfaces.
A. Temporary Gravel Surface. Where excavations are
made in paved areas, the surface shall be replaced
with a temporary gravel surface. The gravel shall
be placed deep enough to provide a minimum of six
inches below the bottom of the bituminous or
concrete surface. Normally, this will require nine
inches of gravel for bituminous surfaces, twelve
inches of gravel for concrete, and concrete base
for asphalt wearing surfaces. The gravel shall be
placed in the trench at the time it is backfilled.
The temporary gravel surface will be maintained by
blading, sprinkling, rolling and 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:
1. Passing 1-inch sieve: 100;
2. Passing 3/4 inch sieve: 85% to 100;
3. No. 4 sieve: 45% to 65;
4. Passing No. 10 sieve: 30% to 50;
5. Passing No. 200 sieve: 5% to 10.
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.
The complete surface shall not deviate more than
one-half inch between old and new work. (Prior code
§ 11-387)
12.12.150 Surface restoration-Concrete surfaces.
The sub-base for concrete surfaces shall be sprinkled
just before placing the concrete. Joints and surfaces shall be
made to match the original surfaces. The thickness of concrete
shall be equal to the adjacent concrete but in no case less
than six inches thick. 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 compression strength than three
thousand pounds per square inch at the end of twenty-eight
days. (Prior code § 11-388)
12.12-6
12.12.160 Surface restoration-Concrete base, bituminous
wearing surfaces.
This type of surfacing shall be constructed as described
in Sections 12.12.140 and 12.12.150. (Prior code § 11-389)
12.12.170 Surface restoration-Gravel surfaces.
Trenches excavated through gravel-surfaced areas such as
gravel roads and shoulders and unpaved driveways, shall have
the gravel restored and maintained as described in Section
12.12.150, except that the gravel shall be a minimum of once
inch more than the thickness of the existing gravel. (Prior
code § 11-390)
12.12.180 Protection of public.
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 avail-
able and used where necessary to prevent accidents involving
property or persons. Barricades must be in place until all of
excavator's equipment is removed from site and excavation has
been backfilled and the proper temporary gravel surface is in
place. From sunset to sunrise all barricades must be clearly
outlined by acceptable warning lights, lanterns, flares and
other devices. Police and fire departments shall be notified
at least twenty-four hours in advance of any planned
excavation requiring street closures or detour. (Prior code §
11-391)
12.12.190 Utilities-Restoration and protection-Liability for
damage.
An excavator shall not interfere with any existing
utility without the written consent of the governing body and
without advance notice to the owner of the utility. If it
becomes necessary to relocate an existing utility, it shall be
done by its owner unless the owner otherwise directs. No
utility, whether owned by the municipality or by a private
enterprise, shall be moved to accommodate the permittee unless
the cost of such work be borne by the permittee or an
expressly written agreement is made whereby the utility owner
and the excavator make other arrangements relating to such
cost. The permittee shall support and protect the 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 to be considered part of a substruc-
ture), 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
12.12-7
damage to the substructures, and any resulting damage or
injury to anyone because of such substructure damage and such
assumption of liability shall be deemed to be a contractual
obligation which the permittee accepts upon acceptance of an
excavation permit. The municipality need not be made a party
to any action because of this chapter. The permittee shall
inform itself as to the existence and location of all under-
ground utilities and protect the same against damage. (Prior
code § 11-392)
12.12.200 Jetting pipe.
Jetting pipe by means of water under pressure, or
compressed air, is permitted only when approved by the
municipality. (Prior code § 11-393)
12.12-8
12.16-1
Chapter 12.16
CAMPING
Sections: 12.16.010 Overnight camping.
12.16.010 Overnight camping.
Overnight and extended camping is prohibited in any Hyrum
City park or street, and no tents or other temporary
structures are to be erected for camping purposes. Hyrum City
may grant permission for one-night stopovers for tourists or
travelers who have and utilize self-contained stopover units
such as campers or housetrailers. Such units will be placed in
designated areas after permission has been obtained from Hyrum
City law enforcement personnel and subject to personnel
jurisdiction and supervision. Extended stopovers for more than
one night for tourists and travelers is prohibited unless
specific approval is granted for such extension by the mayor,
councilman in charge of parks, or his designee. (Ord. 82-02 §
1: prior code § 11-346)
12.16-2
12.20-1
Chapter 12.20
CEMETERIES
Sections: 12.20.010 Name.
12.20.020 Definitions.
12.20.030 Applicability.
12.20.040 Cemetery superintendent-Office created.
12.20.050 Cemetery superintendent-Duties.
12.20.060 Burials-Permit required.
12.20.070 Burial-Certificate of burial right required.
12.20.080 Burials-Information to be recorded.
12.20.090 Disinterment-Prohibitions.
12.20.100 Interment of non-human remains prohibited.
12.20.110 Interment of human remains in cemetery
required.
12.20.120 Vaults required.
12.20.130 Appointment for religious and fraternal
organizations.
12.20.140 Lot and grave site sales-Rules and
regulations.
12.20.150 City's right to provide upkeep.
12.20.160 Phone orders-Responsibility for errors.
12.20.170 Traffic rules.
12.20.180 Children.
12.20.190 Animals.
12.20.200 Decorum.
12.20.210 Vandalism.
12.20.220 Landscaping.
12.20.230 Placement of markers.
12.20.240 Additional rules and regulations.
12.20.250 Fees-Collection authority.
12.20.260 Fees-Grave openings-Prepayment required-
Exception.
12.20.270 Size and price of lots and fees-
Determination.
12.20.280 Fees-Resident/Nonresident defined.
12.20.290 Fees-Designated.
12.20.300 Lots-Sale.
12.20.310 Lots-Resale restrictions.
12.20.320 Contracting for perpetual care-Default.
12.20.330 Maintenance charges on lots without perpetual
care.
12.20.340 Failure to pay cost of services-Remedies.
12.20.350 Failure to pay cost of services-Reversion of
lot to city-Procedure.
12.20.360 Burial of indigents.
12.20.010 Name.
The burial ground of this municipality, shall be known
and designated by the name of Hyrum City Cemetery. (Prior code
§ 8-202)
12.20-2
12.20.020 Definitions.
The following words or phrases shall have the following
meanings unless the context otherwise clearly requires:
“Lot” includes the partial lots or single graves in the
municipal cemetery.
“Lot owner or purchaser” and “grave owner or purchaser”
means 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
lot or by proved and recognized descent or devise
from the original owner. (Prior code § 8-201)
12.20.030 Applicability.
All cemeteries owned and/or maintained by the
municipality or which may hereafter be acquired by the
municipality wherever situated are declared subject to the
provisions of this chapter. (Prior code § 8-203)
12.20.040 Cemetery superintendent-Office created.
There is created the position of cemetery superintendent.
(Prior code § 8-211)
12.20.050 Cemetery superintendent-Duties.
The cemetery superintendent shall have the general
supervision and administration of the municipal cemetery
including, but not limited to:
A. Recommending to the governing body such additional
rules and regulations as may be necessary for the
operation, maintenance, use and protection of the
cemetery;
B. Subdividing the cemetery into lots and grave sites;
C. Maintaining a record of the location of the graves
and preventing any lot from being used beyond its
capacity;
D. Keeping in proper repair the enclosure around the
cemetery and preventing its being entered by
animals and, so far as practical, preventing the
destruction or defacing of any tablet or marker
placed or erected therein;
E. Keeping a duplicate plat of the cemetery and, at
the request of any person wishing to purchase any
of the lots or parts of lots, pointing out any of
the lots or parts of lots for sale; and upon
disposal of any lots or parts thereof, notifying
the recorder/clerk of such fact. The recorder/clerk
shall, after payment of the lot price has been
received in the treasury, issue a certificate of
burial rights which shall describe the lot or grave
to which the right to burial is granted. The
certificate shall be signed by the mayor and the
recorder/clerk;
F. Opening any graves in the cemetery upon application
to him being made by the recorder/clerk or by any
12.20-3
person having the right to make such application
and being responsible for closing all graves;
G. Removing floral pieces or displays left on any
grave as deemed necessary to the appearance of the
cemetery, but such floral pieces or displays shall
not be removed sooner than five days after original
placement except in emergencies;
H. Keeping the streets, alleys, walks and avenues in
the cemetery in good order and unobstructed;
I. Erecting a suitable marker firmly set upon the
northwest corner of each lot with the number of the
lot inscribed thereon and which location shall be
shown on the cemetery records. (Prior code § 8-212)
12.20.060 Burials-Permit required.
Before any deceased person is buried in the municipal
cemetery, a permit properly issued by the registrar of the
registration district in which the death occurred or, in the
absence of such registrar, a permit duly issued by the State
Division of Health or other authorized person shall be
required by the cemetery superintendent. After burial, the
cemetery superintendent shall endorse upon the permit a de-
scription of the location where the deceased is buried and
shall enter all of the information contained in the permit in
the cemetery records. (Prior code § 8-221)
12.20.070 Burials-Certificate of burial right required.
It is unlawful for any person to bury the body of a
deceased person in the municipal cemetery without first
obtaining a certificate of burial right for the lot used or
producing satisfactory evidence of a right to burial based on
a properly acquired certificate of burial right. (Prior code §
8-222)
12.20.080 Burials-Information to be recorded.
Before any deceased person may be buried in the municipal
cemetery, the relatives or person having charge of the
deceased shall provide the recorder/clerk with a written
statement which shall be filed by the recorder/clerk, which
statement shall contain, if known, information about the
deceased regarding his or her name, when and where born, the
date and cause of death, the name of the attending physician,
date of burial, name of cemetery and the description of the
location of the grave. (Prior code § 8-223)
12.20.090 Disinterment-Prohibitions.
It is an infraction for any person to:
A. Disinter any body buried in any cemetery, except
under the direction of the cemetery superintendent
who shall, before disinterment, require a written
permission from both the municipal health officer
and the owner of the lot or his or her heirs, which
written authorization shall be filed and preserved
in a record kept for such purposes;
12.20-4
B. Disinter or remove the body of a person who has
died from a contagious disease within two years
after the date of burial, unless the body was
buried in a hermetically-sealed casket or vault and
is found to be so incased at the time of
disinterment. (Prior code § 8-224 (A))
12.20.100 Interment of nonhuman remains prohibited.
It is an infraction to inter anything other than the
remains of human bodies in cemeteries. (Prior code § 8-224
(B))
12.20.110 Interment of human remains in cemetery required.
It is an infraction to bury the body of any person within
this municipality except in the municipal cemetery or a
private cemetery, unless by special permission of the
governing body under such rules and regulations that it may
prescribe. (Prior code § 8-224 (C))
12.20.120 Vaults required.
A. Unless in writing waived by the cemetery
superintendent, it is unlawful for any person to be
buried in the cemetery unless the casket shall be
placed in a vault made of concrete, fiberglass,
steel or brick-lined, or of such other material
approved by the governing body, substantially
constructed and covered with a similar durable
material.
B. No wood shall be used as a permanent part of the
construction of any part of the vault. (Prior code
§ 8-225)
12.20.130 Appointment for religious and fraternal
organizations.
The municipality may contact with religious and fraternal
organizations to designate a reasonable portion of the
cemetery in which burials may be restricted to members of such
religious and fraternal organizations and their families.
(Prior code § 8-226)
12.20.140 Lot and grave site sales-Rules and regulations.
Every lot or single grave sold is subject to rules and
regulations that have been or may be adopted. The rules and
regulations shall be subject to such changes as are found
necessary for the protection of lot owners, the remains of the
dead and the preservation of the cemetery. (Prior code § 8-
227)
12.20.150 City's right to provide upkeep.
The municipality reserves the right to enter upon any
grave and to perform all work necessary for the care and
upkeep of all lots and graves in the cemetery. (Prior code §
8-228)
12.20-5
12.20.160 Phone orders-Responsibility for errors.
Under no circumstances will the municipality assume
responsibility for errors in opening graves when orders are
given by telephone. (Prior code § 8-229)
12.20.170 Traffic rules.
A. The provisions of the municipal traffic ordinances
relative to the operation of vehicles and conduct
of pedestrians shall be in effect in the cemetery,
except as herein otherwise modified by this
chapter.
B. It is unlawful for any person to ride or drive
within the municipal cemetery at a speed greater
than ten miles per hour. (Prior code § 8-230)
12.20.180 Children.
Children under the age of twelve years shall not be
allowed in cemeteries unless accompanied by their parents or
other adults, except for the purposes of attending authorized
funerals or, in the company of adults, placing flowers on the
grave of a deceased relative or friend or performing any other
customary evidence of respect in accordance with their reli-
gious principles. (Prior code § 8-231)
12.20.190 Animals.
No animal shall be allowed in any cemetery except in the
confines of a vehicle and must be at all times retained within
the confines of the vehicle while the vehicle remains in the
cemetery. (Prior code § 8-232)
12.20.200 Decorum.
Cemetery grounds are sacredly devoted to the interment
and repose of the dead. Strict observance of decorum due such
a place shall be required of all persons. (Prior code § 8-233)
12.20.210 Vandalism.
A. It is a class B misdemeanor for any person to tie
or attempt to tie any horse, animal or motor
vehicle to any monument, gravestone, tablet, mark-
er, tree, shrub, fence or enclosure on the premises
of the cemetery for the purpose of injuring, defac-
ing or attempting the removal of same.
B. It is an infraction for any person to injure,
deface, break, destroy or remove any headstone,
tombstone, monument, tree, shrub or any other
property in the cemetery. (Prior code § 8-234)
12.20.220 Landscaping.
Except as provided by the rules and regulations of the
governing body, it is unlawful for any person to erect or
maintain any fence, corner post, coping or boundary of any
kind, to plant any vegetation upon any lot or lots, street,
alley or walk in the cemetery or to grade the ground thereof.
12.20-6
The cemetery superintendent shall, whenever 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
thereof that might destroy or interfere with the general slope
of the land. (Prior code § 8-235)
12.20.230 Placement of markers.
It is unlawful for any person to erect, place or cause to
be placed any marker or monument on any lot in the cemetery in
violation of the rules and regulations promulgated by the
governing body regarding the placement, construction and
design of all such markers. (Prior code § 8-236)
12.20.240 Additional rules and regulations.
A. The governing body may promulgate by resolution
such additional rules and regulations concerning
the care, use, operation and maintenance of the
cemetery as it shall deem necessary.
B. The mayor may from time to time as the governing
body deems necessary direct and publish a booklet
of rules and regulations for the convenience of the
purchasers of lots in the municipal 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 the ordinance codified in this
chapter after they have been adopted as official by
resolution of the governing body.
C. Any changes in the rules and regulations shall be
adopted by the governing body before such charges
shall be official. (Prior code § 8-237)
12.20.250 Fees-Collection authority.
The recorder/clerk, and such other persons as the
governing body may designate, are authorized and required to
collect in advance prices and fees for the opening and closing
of graves or other services which shall include, but not be
limited to, properly disinterring bodies and properly re-
storing the earth and grounds, recording each burial,
disinterment or removal, and raised monument privileges. The
fees shall be such amounts as are determined by the governing
body from time to time by resolution. (Prior code § 8-241)
12.20.260 Fees-Grave openings-Prepayment required-Exception.
A. No grave shall be opened in the municipal cemetery
until payment of a fee for the labor and expense in
so opening the grave shall be paid.
B. The presentation of a receipt from the record-
er/clerk or person designated by the governing body
when presented to the cemetery superintendent,
shall be authority to open a grave for the burial
of a deceased person. However, upon a contract
being entered into between any mortician and the
12.20-7
municipality wherein the mortician agrees to be
responsible and liable for fees for the opening of
a grave, and wherein that mortician will be
personally liable for such fees and for perpetual
care payments, the recorder/clerk or authorized
person may give the cemetery superintendent
authority to open graves without the presentation
of a receipt from the recorder/clerk or authorized
person. (Prior code § 8-242)
12.20.270 Size and price of lots and fees-Determination.
The governing body shall from time to time by resolution
fix the size of lots, the price at which burial rights shall
be sold and the fees which shall be charged for the various
cemetery services to be provided. (Prior code § 8-243)
12.20.280 Fees-Resident/Nonresident defined.
For the purpose of determining the purchase price or
repurchase price of cemetery spaces or burial rights and the
cost of opening/closing services, a ―resident‖ is a person who
resides within Hyrum City limits or within the bounds of the
policy declared area reserved for future annexation at the
time the burial space is purchased and/or the opening/closing
services required. All other persons are considered
―nonresidents.‖ (Ord. § 90-03 (part): prior code § 8-244)
12.20.290 Fees-Designated.
A. A cemetery lot shall consist of four burial spaces
and each burial space or burial right thereto,
including the perpetual care thereof, shall be ob-
tained from the city for a fee of one hundred
dollars to city residents and two hundred fifty
dollars to nonresidents, or four hundred dollars
per lot to city residents and one thousand dollars
to nonresidents.
B. Opening/closing fees for adult-size graves are set
at one hundred dollars per grave for residents and
one hundred fifty dollars per grave for nonresi-
dents.
C. Opening/closing fees for infant-size graves are set
at fifty dollars per grave for residents and
seventy-five dollars per grave for nonresidents.
D. To qualify as a resident, a person must reside
within Hyrum City limits or within the bounds of
the policy declared areas reserved for future
annexation at the time the burial space is
purchased and/or the opening/closing services
required. All others are considered nonresidents.
(Res. 89-05 § 1C4; Res. 81-192)
12.20.300 Lots-Sale.
A. The recorder/clerk, and such other person as the
governing body may designate, are authorized to
sell the use of lots in the municipal cemetery for
12.20-8
burial purposes only and to collect all sums
arising from the sale. The recorder/clerk shall
keep a complete record of all sales, which record
shall describe the location of the lot purchased
and the price paid therefor. The recorder/clerk or
designated person shall deliver to each purchaser a
certificate of burial rights for each lot
purchased, which certificate shall, among other
things, describe the location of the lot, the pur-
chase price and the type of maintenance services
which are to be provided, e.g., perpetual care,
prepaid continued maintenance or currently paid
services.
B. A certificate and rights to burial shall be exempt
from execution, taxation or assessment for care and
maintenance from and after full payment of the
purchase price. Payments made pursuant to this
section shall not be construed to be in payment for
cemetery services other than perpetual care or
prepaid maintenance.
C. Perpetual care or prepaid continued maintenance
shall be deemed to include the filling of the
grave, the placing of topsoil upon the grave,
seeding the grave with grass, and watering and
cutting the grass. No other services are included.
D. No other improvements, changes or service, except
perpetual care or prepaid continued maintenance
shall be made on any lot without the certificate
holder or his heirs first submitting to and re-
ceiving from the cemetery superintendent, written
approval for such improvements, changes or servic-
es, which improvements, changes or services shall
be subject to the rules and regulations promulgated
by the governing body. (Prior code § 8-251)
12.20.310 Lots-Resale restrictions.
A. From and after June 1, 1990, any person owning
spaces or burial rights in the Hyrum City cemetery
shall not further sell, transfer, convey or assign
the spaces or rights to any person or entity other
than Hyrum City; except that nothing herein shall
prevent the holder of a cemetery space or burial
right from transferring the space or right to a
member of his or her immediate family. ―Immediate
family,‖ for the purpose of this chapter, is de-
fined as parents and children or brothers and
sisters. If the person to whom the space is trans-
ferred is a nonresident, as defined in Section
12.20.280, the person shall remit to the city the
difference between the current charge per space for
residents and the current charge per space for non-
residents. The city agrees to buy back any
municipal cemetery space or burial right which it
may hereafter resell. The repurchase of such spaces
or burial rights shall be one hundred dollars per
12.20-9
burial space or right whether repurchased from a
resident or a nonresident. The repurchase amount
may be changed from time to time by resolution.
B. Whenever a certificate to burial rights or lots
reverts to the municipality, as provided for this
chapter, or becomes vested in the municipality for
any reason, before new certificates are issued, the
original certificate shall be canceled or an
assignment given and the record shall be so
changed.
C. The certificates shall be issued and signed by the
mayor and shall be attested by the recorder/clerk.
All lots or parts of lots, as provided in this
section, together with all improvements, shall be
exempt from execution and from taxation and as-
sessment for care and maintenance charges from and
after the payment. (Ord. 90-03 (part); prior code §
8-252)
12.20.320 Contracting for perpetual care-Default.
Purchase of a lot with perpetual care shall provide for
collection by the municipality in event of a default and such
collection shall be by civil action, and the defendant therein
shall pay the cost of collection, together with a reasonable
attorney's fee to the municipality, and shall also pay
interest at the rate of eight percent per annum upon the past-
due installments. All installments shall immediately become
due upon the default of any of the installments; provided,
however, that when perpetual care for any lot in the municipal
cemetery or portion thereof, has not been paid for a period of
ten years, then, and in such an event, the unused portion of
the lot shall thereafter escheat to the municipality, and the
title thereof shall revert to this municipality, which shall
thereafter have the right, option and privilege to sell and
dispose of unused cemetery property, as in this chapter
provided, upon condition that this municipality shall
thereafter maintain perpetually without cost or fee the
portion of the lot occupied by a grave or graves prior to the
date when the remaining property escheated to this mu-
nicipality. (Prior code § 8-261)
12.20.330 Maintenance charges on lots without perpetual care.
A. Every lot for which perpetual care has not been
purchased and with reference to which the owner has
established a right to directly provide for
maintenance and care, notwithstanding the provi-
sions of Section 12.20.150, shall be maintained and
cared for to the extent and in accordance with
standards established by the governing body for
care and maintenance of all lots of the cemetery.
B. In the event that the owner fails to provide the
requisite care and maintenance for non-perpetual
care lots, the cemetery superintendent shall
furnish care and maintenance at rates established
by the governing body.
12.20-10
C. All such charges shall become a personal liability
of the owner of the lots and, in addition thereto,
shall constitute a lien against the lots upon the
basis of which the governing body may cause the
burial rights therein to be forfeited and the
rights to revert to the municipality. (Prior code §
8-281)
12.20.340 Failure to pay cost of services-Remedies.
A. When any owner of any lot or portion of a lot in
the cemetery shall have failed to pay the cost of
services rendered by the municipality or its em-
ployees in watering, beautifying, maintaining or
caring for any lots or portions thereof in the
municipal cemetery for which perpetual care has not
been purchased in accordance with the provisions of
this chapter, and such failure to pay has continued
for a period of six months, the municipality may
pursue collection of such costs in a court of law.
A court action may be pursued for the purpose of
seeking judgment against the owner and thereafter
attaching any of the assets of the owner including
an attachment of the lots or portions of lots upon
which the owner has failed to make payment for
maintenance service.
B. As an additional remedy, or in lieu of seeking
collection in a court of law, the municipality may
cancel the owner's certificate or deed representing
rights to burial on the unoccupied lots or portions
of lots and causing ownership of lots or portions
thereof to revert back to the municipality by
following the procedure set forth in this chapter.
(Prior code § 8-282)
12.20.350 Failure to pay cost of services-Reversion of lot to
city-Procedure.
A. The municipality may terminate the owner's right to
use of unoccupied lot or lots in the municipal
cemetery when there has been a six-month failure to
pay the costs of maintenance provided by the
municipality in the following manner:
1. The governing body shall fix a time and place
of hearing before the governing body at which
the owner shall be given the opportunity to
present good cause as to why his right to
future use of the lot or lots involved shall
not be terminated and as to why the ownership
of the lot or portions of lot shall not revert
back to the municipality for resale by it.
2. A notice of the time, place and purpose of the
hearing to forfeit the owner's interest in the
lot or parts of the lot shall be given by
personal delivery of a written notice of the
time, place and purpose of meeting or the
governing body or by mailing a copy of the
12.20-11
notice to the last-known address of the owner
or owners.
3. In the absence of an ability to make personal
delivery of the written notice to the owner or
owners, a notice of the hearing to forfeit
rights to the lot or portions of lot shall be
published at least once in a newspaper having
general circulation in the county. The
publication shall be made at least three weeks
prior to the date of the hearing.
4. If the owner is known to be deceased, then
mailing of notice or delivery of notice shall
be made to the last-known address of any known
heirs.
5. Copies of the notice shall also be posted in a
conspicuous place in the office of the munici-
pality.
6. At the time and place set for the hearing
before the governing body, the governing body
shall give the owner or owners an opportunity
to be heard, a right to present witnesses and
to submit evidence showing cause why the lot
or portions of the lot shall not be forfeited
to the municipality.
B. After due consideration of all the facts presented
at such hearing, the governing body may order, if
it finds that there has been a failure to make
payment of such costs or if no satisfactory
arrangement has been proferred for making the
immediate payment of such costs, that the lot or
portions of lot shall revert to the municipality
for resale and that all of the rights and
privileges of the owner in the lot or lots are
terminated.
C. Thereafter, the municipality may make sale of the
lots in the same manner as it makes sales of all
other lots within the cemetery. (Prior code § 8-
283)
12.20.360 Burial of indigents.
A. The governing body may by resolution designate a
portion of the municipal cemetery to the burial of
indigents. Whenever it is made to appear to the
mayor by proof submitted to him by the
recorder/clerk 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 re-
quest made to him by the recorder/clerk.
B. The mayor shall communicate his decision to both
the recorder/clerk and the cemetery superintendent.
The mayor shall give report of his decision,
12.20-12
whether affirmative or negative, to the governing
body at its next regular meeting. All strangers
without funds or other persons who may die in the
municipality may be granted the privilege granted
herein. (Prior code § 8-291)
12.22-1
Chapter 12.22
HYRUM CITY TREE ORDINANCE
Sections:
12.22.010 Created-Compensation
12.22.020 Purpose
12.22.030 Term of office
12.22.040 Duties and responsibilities
12.22.050 Operation
12.22.060 Definitions
12.22.070 Notification to Blue Stakes
12.22.080 Tree species list
12.22.090 Spacing
12.22.100 Distance from curb and sidewalk
12.22.110 Distance from street corners and fire
hydrants
12.22.120 Utilities
12.22.130 Public tree care
12.22.140 Abutting property owners responsibility
12.22.150 Abuse or mutilation
12.22.160 Protection near construction activities
12.22.170 Valuation of trees-compensation to City
12.22.180 Tree topping
12.22.190 Pruning, corner clearance
12.22.200 New development plantings
12.22.210 Tree removal on private property
12.22.220 Removal of stumps on public property
12.22.230 Tree removal on public property-permit
required
12.22.240 Review by City Council
12.22.250 Reports and records
12.22.010 Created – Compensation.
There is created a Hyrum City Tree Board to be composed
of seven members. All members at the time of appointment and
throughout their term will be residents of Hyrum City.
Members shall be appointed by the Mayor with the advice and
consent of the City Council and shall be selected without
regard to political consideration and solely upon their
qualifications for the position. Five members will be
citizens at large, one shall be from the Hyrum City Parks
Department, and one shall be for the Hyrum City Power
Department. All members shall service without compensation,
except for reasonable expenses incurred in performing their
duties as members of the Tree Board.
12.22.020 Purpose.
It is the purpose of the Tree Board to assist in
enhancing and beautifying the public and private landscape of
Hyrum City. It is also its purpose to aid in promoting public
safety and welfare by abating hazardous conditions. It is
further of public interest to preserve and enhance existing
12.22-2
natural wooded areas owned by Hyrum City.
12.22.030 Term of Office.
The term of the citizens at large shall stagger. Each
member of the Tree Board shall serve for a term of three years
and until his successor is appointed, providing that the term
of the first members shall be such that the term of two
members shall expire each year. Members of the City Parks and
Power Departments are permanent positions and can be changed
by recommendation from the Department Head to the Mayor and
City Council. In the event that a vacancy shall occur during
the term of any member of the Tree Board, their successor
shall be appointed by the Mayor for the unexpired portion of
the term.
12.22.040 Duties and Responsibilities.
It shall be the responsibility of the Hyrum City Tree
Board to study, investigate, counsel and develop and/or update
annually a written plan for the care, preservation, pruning,
planting, replanting, removal or disposition of street and/or
park trees along street and other public areas within Hyrum
City. This written plan will be presented annually to the
City Council in January and upon their acceptance and approval
shall constitute the official City Tree Plan for Hyrum City
(fiscal year July-June). This plan will also designate the
annual Arbor Day observance. The Tree Board shall consider,
investigate, make finding reports and recommendations in
special matters as requested by the City Council. It will
also be the duty of the Tree Board to make recommendations to
the Planning Commission and/or City Council regarding all
residential, City or commercial subdivisions and/or
developments and City Park tree plantings.
12.22.050 Operation.
The members of the Tree Board shall elect one of their
own members as chairman and such other officers as deemed
necessary, and shall adopt rules and regulations for their
organization and for the transaction of business.
12.22.060 Definitions.
A. Street Trees
1. Street trees are defined as trees, shrubs,
bushes, and all other woody vegetation on land
lying between property lines on either side of
all streets, avenues, or ways within Hyrum
City.
B. Park Trees
1. Park trees are defined as trees, shrubs,
bushes, and all other woody vegetation in
public parks and all areas owned by Hyrum
City, or to which the public has free access.
C. Planting Strip
1. Planting strip is defined as that area in the
public right-of-way between the curb and the
12.22-3
sidewalk, if such exists, or if not it is the
area in the public right-of-way that exists
between the road and the adjoining private
property.
12.22.070 Notification to Blue Stakes.
In any and all plantings, a Blue Stakes representative
must be notified and the property shall be marked for any gas,
utility, or other significant lines. They may be contacted at
1-800-662-4111.
12.22.080 Tree Species List.
The Hyrum City Tree Board shall develop and maintain a
list of desirable trees for planting along streets in three
size classes based on mature height:
A. Small
1. under 20 feet
B. Medium
1. 20 to 40 feet
C. Large
1. over 40 feet
12.22.090 Spacing.
The spacing of trees shall be in accordance with the
three species classes listed in Section 12.22.080 of this
ordinance, and no trees shall be planted closer together than
the following:
A. Small trees
1. 20 feet
B. Medium trees
1. 30 feet
C. Large trees
1. 40 feet
except in special plantings designed by the Tree Board in
accordance with the City Tree Plan.
12.22.100 Distance from Curb and Sidewalk.
Trees to be planted shall be evenly spaced between curbs
and sidewalks or surrounding infrastructure as to prevent
damage to sidewalks, curbs, or other existing property.
12.22.110 Distance for Street Corners and Fire Hydrants.
No tree shall be planted within 35 feet of any street
corner, measured from the point of the nearest intersecting
curbs or curb lines. No street trees shall be planted within
10 feet of any fire hydrant.
12.22.120 Utilities.
No tree on public or private property, other than those
listed as small trees in Section 12.22.080 of this ordinance,
shall be planted under or within 10 feet of any overhead
utility wire.
12.22-4
12.22.130 Public Tree Care.
The City shall have the right to prune, maintain and
remove trees, plants and shrubs within the lines of all
streets, alleys, avenues, lanes, squares and public grounds,
as may be necessary to insure public safety or to preserve or
enhance the symmetry and beauty of such public grounds.
The City Tree Board may make recommendation of removal of
any tree or part thereof which is an unsafe condition which by
reason of its nature is injurious to sewers, electric power
lines, gas lines, water lines, or other improvements, or is
affected with any injurious fungus, insect, or pest.
No person shall remove, cut down above or below ground
any tree on public property without first consulting with and
receiving written permission from the City Tree Board
(12.22.230).
12.22.140 Abutting Property Owners Responsibility.
The owner of the property abutting planting strips along
public rights-of-way shall be responsible for the maintenance
and control of any lawn or shrubbery growing in said planting
strip to the extent of preventing infringement of vegetation
of gutters, streets, and sidewalks, and maintaining the
property in an acceptable and well maintained manner. The
owner of abutting property shall be responsible for the
watering and general care of trees located in the planting
strip abutting their property.
12.22.150 Abuse or Mutilation.
No person shall be allowed to cut, carve, break,
transplant, remove, mutilate, or otherwise damage or kill any
tree on City property; to attach any rope, wire, nails,
advertising poster, or other contrivance to any tree on City
property; or to allow any gaseous, liquid, or solid substance
which is harmful to trees to come in contact with any tree on
City Property.
12.22.160 Protection near Construction Activities.
Any tree on City property in the immediate vicinity of
any excavation, demolition, or construction site of any
building, structure, or street work, which in the City’s
discretion has any potential for injury or damage shall be
guarded with a substantial fence, frame, or box.
12.22.170 Valuation of Trees – Compensation to City.
Anyone who causes damage or destruction to a tree on City
property, without proper permission from the City Tree Board
shall compensate the City for such damages. The damages shall
be determined by the City using the methodology of the
International Society of Arboricultural/council of Landscape
Appraisers. If malicious intent can be shown, then treble
damage shall be assessed. The City Attorney may take whatever
action is necessary in a court of competent jurisdiction to
12.22-5
collect such damages that are not voluntarily paid after
assessment. Any funds collected for tree damage shall be
earmarked for use in tree enhancement with Hyrum City.
12.22.180 Tree Topping.
It shall be unacceptable as a normal practice for any
person, firm, or City department to top any street tree, park
tree, or other tree on public property. Topping is defined as
the severe cutting back of limbs to stubs larger than three
inches in diameter within the tree’s crown to such a degree as
to remove the normal canopy and disfigure the tree.
12.22.190 Pruning, Corner Clearance.
Every owner of any tree overhanging any street right-of-
way within Hyrum City shall prune the branches so that such
branches shall not obstruct the light from any street lamp or
obstruct the view of any street intersection and so that there
shall be a clear space of eight feet above the street or
sidewalk surface. Said owners shall remove all dead, diseased
or dangerous tree, or broken or decaying limbs which
constitute a menace to the safety of the public. Upon prior
notification the City shall have the right to prune any tree
or shrub on private property when it interferes with the
proper spread of light along the street from a street light,
or interferes with visibility of any traffic control device or
sign or sight triangle at intersections. Tree limbs that grow
near high voltage electrical conductors shall be in compliance
with any applicable franchise agreements. A utility tree
trimming policy must be reviewed by the utility company and
the Hyrum City Tree Board prior to any trimming by the utility
company.
12.22.200 New Development Plantings.
With new residential, commercial, or industrial
development (of any size or type), the developer shall be
responsible for new street tree plantings. The developer must
purchase and plant into the public right-of-way, two trees, no
smaller than 1 ½ inches caliper, for every 12,000 square foot
lot. The trees must conform in species and spacing as
provided for in this ordinance (12.22.080 & 12.22.090).
Prior to final plat plan approval by the Planning
Commission, the developer will submit to Hyrum City a deposit
of 120% of the cost of new street trees. This deposit will be
held in trust until the planting and establishment of such
trees, as stated in Section 4.23 Landscaping of the Hyrum City
Municipal Code, is accomplished. If the planting is not
completed as agreed upon, Hyrum City will use the money for
purchasing and planting such trees.
12.22.210 Tree Removal on Private Property.
The City shall have the right to cause the removal of any
dead or diseased tree(s) on private property within the City,
when such trees constitute a hazard to life and property, or
12.22-6
harbor insects or disease that constitute a potential threat
to other trees within the City. The Tree Board will notify in
writing the owners of such trees. Removal shall be done by
said owners at their own expense within sixty days after the
date of service of notice. In the event of failure of owners
to comply with such provisions, the City shall have the
authority to remove such trees and charge the cost of removal
on the owner’s utility bill.
12.22.220 Removal of Stumps on Public Property.
All stumps of street trees and park trees shall be
removed below the surface of the ground so that the top of the
stump shall not project above the surrounding surface of the
ground.
12.22.230 Tree Removal on Public Property – Permit Required.
No person shall remove or otherwise seriously disturb any
tree on any City-owned property without first filing an
application and procuring a permit from the Tree Board. The
person receiving the permit shall abide by the arboricultural
specifications adopted by the board.
Application for permits must be made with the board not
less than 48 hours in advance of the time work is to be done.
Although certain allowances may be given when deemed
appropriate to enable full use of resources retained by the
City.
The Tree Board shall issue the permit provided herein if,
in its judgement, the proposed work is desirable and the
proposed method and workmanship thereof are of a satisfactory
nature. Any permit granted shall contain a definite date of
expiration and the work shall be therein described. Any
permit shall be void if its terms are violated.
In the event that such work exceeds a cost of $1,000.00,
it shall be required that any person or firm engaged in the
business or occupation of pruning, treating, or removing
street or park trees within the City first apply for and
procure an arborist’s license and bond, however, that no
license shall be required by any City Department doing work in
the pursuit of their public service endeavors.
Before any permit shall be issued, each applicant shall
first file evidence of possession of liability insurance in
the minimum amount of $300,000.00 for bodily injury and
$150,000.00 property damage resulting from the pursuit of such
endeavors as herein described.
Notice of completion shall be given within five days to
the board for its inspection.
12.22.240 Review by City Council.
The Hyrum City Council shall have the right to review the
12.22-7
conduct, acts, and recommendations of the Hyrum City Tree
Board. Any person may appeal any action of the Hyrum City
Tree Board to the Hyrum City Council for final decision.
12.22.250 Reports and Records.
Reports of official acts and recommendations of the Tree
Board shall be public and shall be made in writing and held at
the City Office. (Ord. 03-07)
12.22-8
12.24-1
Chapter 12.24
EXCAVATION PERMIT ORDINANCE
Sections: 12.24.010 Definitions.
12.24.020 Permit Required; Basis for Issuance.
12.24.030 Permit Application Requirements.
12.24.040 Emergency Work.
12.24.050 Permit Fees.
12.24.060 Permit - Contents - Duration and Extensions.
12.24.070 No Transfer or Assignment.
12.24.080 Compliance with Specifications, Standards,
Traffic-Control Regulations; Site Permittee
Identification.
12.24.090 Other Highway Permits.
12.24.100 Relocation of Structures in Public Ways.
12.24.110 Impact of Excavation on Existing Improvements.
12.24.120 Restoration of Public Property.
12.24.130 Insurance Requirements.
12.24.140 Bond - When Required, Conditions, Warranty.
12.24.150 Hold Harmless Agreement; Limitations on City
Liability.
12.24.160 Work without Permit - Penalty.
12.24.170 Failure to Comply; Default in Performance.
12.24.180 Failure to Conform to Design Standards -
Penalty.
12.24.190 Appeal of Suspension, Revocation, or Stop
Order.
12.24.200 Tampering with Traffic Barricades.
12.24.210 Conflict with Governing Provisions.
12.24.220 Violation - Penalty.
12.24.010 Definitions.
Unless the context specifically indicates otherwise, the
meaning of terms used in this ordinance shall be defined as
follows:
A. “Applicant” means any person who makes application
for a permit.
B. “Business” means any place in the City in which
there is conducted or carried on principally or
exclusively any pursuit or occupation for the
purpose of gaining a livelihood.
C. “City” means Hyrum City, a municipal corporation of
the State of Utah.
D. “City Engineer” means the City Engineer, or other
authorized representative of the City designated by
the Mayor or City Council.
E. “Emergency” means any unforeseen circumstances or
occurrence, the existence of which constitutes an
immediate danger to persons or property, or which
causes interruption of utility or public services.
F. “Engineering Regulations, Regulations,
12.24-2
Specifications, and/or Design Standards” mean the
latest version of the engineering regulations,
specifications, design standards or criteria
published or adopted by the City, in either
ordinance, code, or policy form.
G. “Excavation” means cutting, breaking, or digging
into, and/or the removal of any asphalt, concrete,
and/or earth material from City streets, rights-of-
way or other municipal property. Excavation does
not include scraping the shoulders or other non-
asphalt portions of the streets or barrow for the
purposes of leveling, removing weeds, or the
application of fresh gravel.
H. “Failure” means a work site restoration, which
fails to meet City specifications, or which results
in a deteriorated or substandard condition within
the duration of the warranty period. Failure may
be settlement of surfaces, deterioration of
materials, or other surface irregularities.
Measurement of failure shall be further defined in
the engineering regulations.
I. “Infrastructure Provider” means a person providing
to another, for the purpose of supplying telecom-
munication, television, internet, natural gas, or
other utility service to customers, all or part of
the necessary system, which uses the right-of-way.
J. “Operator” means any person who provides service
over a utility system and directly, or through one
or more affiliates, owns a controlling interest in
such system, or who otherwise controls or is
responsible for the operation of such a system.
K. “Permittee” means any person which has been issued
a permit and thereby has agreed to fulfill the
requirements of this Chapter.
L. “Person” means and includes any natural person,
partnership, firm, business, association, provider,
corporation, company, organization, or entity of
any kind.
M. “Pipe Driveway” means a driveway approach which
uses a pipe or other means to bridge the gutter.
N. “Property Owner” means person or persons who have
legal title to property and/or equitable interest
in the property, or the ranking official or agent
of a company having legal title to property and/or
equitable interest in the property.
O. “Provider” means an operator, infrastructure
provider, reseller, system lessee, or public
utility company.
P. “Public Utility Company” means any company subject
to the jurisdiction of the Utah State Public
Service Commission, or any mutual corporation
providing gas, electricity, water, telephone, or
other utility product or services for use by the
general public, except the departments of Hyrum
12.24-3
City and those employees acting in their official
capacity within those departments.
Q. “Public Way” means and includes all public rights-
of-way and easements, public footpaths, walkways
and sidewalks, public streets, public roads, public
highways, public alleys, and pubic drainage ways.
It does not, however, include utility easements not
within public ways of the City.
R. “Private Drain Line” means a pipe installed solely
for the transmission of water collected or
generated on private property such as drainage,
spring, or storm water, or condensate into the
public drainage system.
S. “Reseller” refers to any person who provides
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 and
does not install any system in the rights-of-way.
T. “Resident” means the person or persons currently
making his/her home at a particular dwelling.
U. “Storm Drain” means a dedicated pipe, conduit,
water way, or ditch installed in a right-of-way or
easement for the transmission of storm and drainage
water. This term does not include private drain
lines.
V. “System” means all conduits, pipes, manholes,
poles, antennas, transceivers, amplifiers and all
other electronic devices, equipment, wire, and
appurtenances owned, leased, or used by a provider
located in the construction, ownership, operation,
use or maintenance of an infrastructure or utility
system.
W. “System Lessee” refers to any person who leases a
system or a specific portion of a system to provide
services
X. “Work Site Restoration” means and includes the
restoring of the original ground or paved hard
surface area to comply with engineering
regulations, and includes but is not limited to
repair, cleanup, backfilling, compaction, and
stabilization, paving, and other work necessary to
place the site in acceptable condition following
the conclusion of the work, or the expiration or
revocation of the permit.
12.24.020 Permit Required; Basis for Issuance.
Except for the exemptions provided in Section
12.24.030(A)(G)(H) of this ordinance, any person desiring to
perform work of any kind in a public way within the City,
shall make application for a permit. The decision by the City
Engineer to issue a permit shall include, among other factors
determined by the City Engineer, the following:
A. The capacity of the public way to accommodate the
facilities or structures proposed to be installed
12.24-4
in the public way;
B. The capacity of the public way to accommodate
multiple wire in addition to cables, conduits,
pipes or other facilities or structures of other
users of the public way, such as electrical power,
telephone, cable television, gas, sewer, and water;
C. The damage or disruption, if any of public or
private facilities, improvements, or landscaping
previously existing in the public way;
D. The public interest in minimizing the cost and
disruption of construction from numerous
excavations of the public way.
12.24.030 Permit Application Requirements.
Application for a permit shall be filed with the City
Engineer on a form or forms to be furnished by the City.
Property owners and/or tenants for whom work is being done
shall be responsible for obtaining the permits, provided,
however, contractors may obtain the permit in the
contractor's name.
A. No person shall be eligible to apply for or receive
permits to do work within the public ways of the
City, save and except the following:
1. Contractors licensed by the state as general
contractors;
2. Utility or public service providers;
3. Property owners installing, replacing, or
maintaining less than five hundred square feet
or one hundred linear feet of sidewalk, curb,
and gutter, or driveway approach, or other
work approved by the City Engineer, upon a
portion of the public way adjacent to their
residence; or
4. Persons offering a service which requires
occupation of the public way, such as scaffold
or staging, staging of a crane, installation
or maintenance of electric signs, glass,
awnings, and painting or cleaning of buildings
or sign boards or other structures.
B. The City Engineer may deny the issuance of permits
to contractors, utility companies, or other permit
applicants who have shown by past performance that
in the opinion of the City Engineer they will not
consistently conform to the engineering
regulations, specifications, design standards, or
the requirements of this Chapter.
C. When necessary, in the judgment of the City
Engineer, to fully determine the relationship of
the work proposed to existing or proposed
facilities within the public ways, or to determine
whether the work proposed complies with the
engineering regulations, construction
specifications and design standards, the City
Engineer may require the filing of engineering
plans, specifications and sketches showing the
12.24-5
proposed work in sufficient detail to permit
determination of such relationship or compliance,
or both, and the application shall be deemed
suspended until such plans and sketches are filed
and approved.
D. It shall be unlawful for any person to commence
work upon any public way until the City Engineer
has approved the application and until a permit has
been issued for such work, except as specifically
approved to the contrary in this Chapter.
E. The disapproval or denial of an application by the
City Engineer may be appealed by the applicant to
the City Council by filing of a written notice of
appeal within ten days of the action of the City
Engineer. The City Council shall hear such appeal,
if written request therefore be timely filed, as
soon as practicable, and render its decision within
a reasonable time following notice of such appeal.
F. In approving or disapproving work within any public
way, or permits therefore, in the inspection of
such work; in reviewing plans, sketches or
specifications; and generally in the exercise of
the authority conferred upon him/her by this
Chapter, the City Engineer shall act in such manner
as to preserve and protect the public way and the
use thereof, but shall have no authority to govern
the actions or inaction of permittees and
applicants or other persons which have no
relationship to the use, preservation or protection
of the public way.
G. It shall be lawful for a City, County, State,
Federal or other government employee to perform
routine maintenance work, not involving
excavations, without first having obtained a permit
therefore.
H. A permit is not required from the City Engineer for
hand digging excavations for installation or repair
of sprinkler systems and landscaping within the
non-paved areas of the public way. However,
conformance to all City specifications is required.
12.24.040 Emergency Work.
A. Any person maintaining pipes, lines, or facilities
in the public way may proceed with work upon
existing facilities without a permit when emergency
circumstances demand the work to be done
immediately; provided a permit could not reasonably
and practicably have been obtained beforehand.
B. In the event that emergency work is commenced on or
within any public way of the City during regular
business hours, the City Engineer shall be notified
within one-half hour from the time the work is
commenced. The person commencing and conducting
such work shall take all necessary safety
precautions for the protection of the public and
12.24-6
the direction and control of traffic, and shall
ensure that work is accomplished according to City
engineering regulations, the Manual on Uniform
Traffic Control Devices and other applicable laws,
regulations, or generally recognized practices in
the industry.
C. Any person commencing emergency work in the public
way during other than business hours without a
permit shall immediately thereafter apply for a
permit or give notice during the first hour of the
first regular business day on which City offices
are open for business after such work is commenced.
A permit for such emergency work may be issued
which shall be retroactive to the date when the
work was begun, at the discretion of the City
Engineer.
12.24.050 Permit Fees.
A. The City shall charge, and the permittee shall pay
upon issuance of the permit, fees for costs
associated with the work performed under the permit
as outlined in the City's fee schedule. Such costs
may include costs for reviewing the project and
issuing the permit, inspections of the project,
deterioration of the public way or diminution of
the useful life of the public way, and other costs
to the City associated with the work to be done
under the permit. All costs shall be assessed in a
non-discriminatory manner and such fees may be
amended from time to time by resolution of the City
Council.
B. The City Engineer may waive permit fees or
penalties or portions thereof provided for in this
Chapter, when he/she determines that such permit
fee or penalty:
1. Pertains to construction or rehabilitation of
housing for persons whose income is below the
median income level for the City; or
2. Pertains to an encroachment on the public way
involving a beautification project which
furthers specific goals and objectives set
forth in the City's strategic plan, master
plans, or other official documents, including
decorative street lighting, building facade
lighting, flower and planter boxes, and
landscaping; or
3. Pertains to excavation completed by City work
crews or by contractors engaged by the city,
working under City supervision, for the
purpose of installing or maintaining city
infrastructure and utility systems.
4. Pertains to work undertaken and completed by a
homeowner, landlord, tenant, renter, etc., for
purposes directly pertaining to the residence
or property owned by or under control of
12.24-7
homeowner, landlord, tenant, renter, etc., or
the lot or property upon which said residence
is situated, providing such work is neither
sublet to nor performed by a contractor. Such
work may include installation or connection of
sprinkling system on City right-of-way.
C. Additional charges to cover the reasonable cost and
expenses of any required engineering review,
inspection, and work site restoration associated
with each undertaking may be charged by the City to
each permittee, in addition to the permit fee.
12.24.060 Permit - Contents - Duration and Extensions.
A. Each permit application shall state the starting
date and estimated completion date. Work shall be
completed within five days from the starting date
or as determined by the City Engineer. Such
determination shall be based upon factors
reasonably related to the work to be performed
under the permit. Such factors may include, in
addition to other factors related to the work to be
performed, the following:
1. The scope of work to be performed under the
permit;
2. Maintaining the safe and effective flow of
pedestrian and vehicular traffic on the public
way affected by the work;
3. Protecting the existing improvements to the
public way impacted by the work;
4. The season of the year during which the work
is to be performed as well as the current
weather and its impact on public safety and
the use of the public way by the public;
5. Use of the public way for extraordinary events
anticipated by the City.
6. The City Engineer shall be notified by the
permittee of commencement of the work within
twenty-four hours prior to commencing work.
The permit shall be valid for the time period
specified in the permit.
B. If the work is not completed during such period,
prior to the expiration of the permit, the
permittee may apply to the City Engineer for an
additional permit or an extension, which may be
granted by the City Engineer for good cause shown.
C. The length of the extension requested by the
permittee shall be subject to the approval of the
City Engineer. No extension shall be made that
allows work to be completed in the winter period
without payment of winter fees.
12.24.070 Permit - No Transfer or Assignment.
Permits shall not be transferable or assignable, and work
shall not be performed under a permit in any place other than
that specified in the permit. Nothing herein contained shall
12.24-8
prevent a permittee from subcontracting the work to be
performed under a permit; provided, however, that the holder
of the permit shall be and remain responsible for the
performance of the work under the permit, and for all bonding,
insurance, and other requirements of this Chapter and under
said permit.
12.24.080 Compliance with Specifications, Standards, Traffic-
Control Regulations; Site Permittee Identification.
A. The work performed in the public way shall conform
to the requirements of the engineering regulations,
design standards, construction specifications and
traffic control regulations of the City, copies of
which shall be available from the City Engineer,
kept on file in the office of the City Recorder and
be open to public inspection during office hours.
B. Where a job site is left unattended, before
completion of the work, signage with minimum two
inch high letters shall be attached to a barricade
or otherwise posted at the site, indicating the
permittee's name, or company name, telephone
number, and after hours telephone number.
C. All excavations shall be conducted in a manner
resulting in a minimum amount of interference or
interruption of street or pedestrian traffic.
Inconvenience to residents and businesses fronting
on the public way shall be minimized. Suitable,
adequate and sufficient barricades and/or other
structures will be available and used where
necessary to prevent accidents involving property
or persons. Barricades must be in place until all
of the permittee's equipment is removed from the
site and the excavation has been backfilled and
proper temporary gravel surface is in place, except
where backfilling and resurfacing is to be done by
the City; in which case the barricades, together
with any necessary lights, flares or torches, must
remain in place until the backfill work is actually
commenced by the City. From sunset to sunrise, all
barricades and excavations must be clearly outlined
by adequate signal lights, torches, etc. The
appropriate police and fire departments shall be
notified at least 24 hours in advance of any
planned excavation requiring street closure or
traffic detour.
12.24.090 Other Highway Permits.
A. Holders of permits for work on highways owned or
under the jurisdiction of other government
entities, but located within the City limits, shall
not be required to obtain permits from the City
under the provisions of this Chapter, unless the
work extends beyond the back side of the curb, or
beyond any other designated jurisdictional
boundary. Any City permit shall not be construed
12.24-9
to permit or allow work on a County road, or on a
State highway within the City without an applicable
County or State permit.
B. The City Engineer, in his/her discretion, shall
have the right and authority to regulate work under
permits issued by other governmental entities with
respect to hours and days of work, and measures
required to be taken by the permittee of said
governmental entity for the protection of traffic
and safety of persons and property.
Notwithstanding the foregoing, nothing in this
Chapter shall be construed to impose any duty,
implied or express, on the City or its employees,
officers, agents or assigns, relative to the
protection of traffic and safety of persons or
property, arising out of the issuance of any permit
issued by government entities other than the City,
or arising out of any work performed on any public
way owned or within the jurisdiction of the City.
12.24.100 Relocation of Structures in Public Ways.
A. The City Engineer may direct any person owning or
maintaining facilities or structures in the public
way to alter, modify or relocate such facilities or
structures as the City Engineer may require as set
forth herein. Sewers, pipes, drains, tunnels,
conduits, pipe driveways, vaults, trash receptacles
and overhead and underground gas, electric,
telephone, telecommunication and communication
facilities shall specifically be subject to such
directives. The person owning or maintaining the
facilities or structures shall, at his/her own cost
and expense and upon reasonable written notice by
the City, promptly protect, or promptly alter or
relocate such facilities or structures, or part
thereof, as directed by the City. In the event
that such person refuses or neglects to conform to
the directive of the City, the City shall have the
right to break through, remove, alter or relocate
such part of the facilities or structures without
liability to such person. Such person shall pay to
the City all costs incurred by the City in
connection with such work performed by the City,
including all design, engineering, construction,
materials, insurance, court costs and attorneys
fees.
B. Any directive by the City Engineer shall be based
upon of the following:
1. The facility or structure was installed,
erected or is being maintained contrary to
law, or determined by the City Engineer to be
structurally unsound or defective;
2. The facility or structure constitutes a
nuisance as defined under State or City
statute;
12.24-10
3. The permit under which the facility or
structure was installed has expired or has
been revoked;
4. The public way is about to be repaired or
improved and such facilities or structures may
pose a hindrance to construction; or
5. The grades or lines of the public way are to
be altered or changed.
C. Any directive of the City Engineer under this
Section shall be under and consistent with the
City's police power. Unless an emergency condition
exists, the City Engineer shall make a good faith
effort to consult with the person regarding any
condition that may result in a removal or
relocation of facilities in the public way to
consider possible avoidance or minimization of
removal or relocation requirements and provide the
directive as far enough in advance of the required
removal or relocation to allow the person a
reasonable opportunity to plan and minimize cost
associated with the required removal or relocation.
D. This obligation does not apply to facilities or
structures originally located on private property
pursuant to a private easement, which property was
later incorporated into the public way, if that
prior private easement grants a superior vested
right.
E. Any person owning or maintaining facilities or
structures in the public way who fails to alter,
modify or relocate such facilities or structures
upon notice to do so by the City Engineer shall be
guilty of a class B misdemeanor. All costs of
alteration, modification or relocation shall be
borne by the person owning or maintaining the
facilities or structures involved.
F. The City may, at any time, in case of fire,
disaster or other emergency, as determined by the
City in its reasonable discretion, cut or move any
parts of the system and appurtenances on, over or
under the public way, in which event the City shall
not be liable therefore to a person. The City
shall notify a person in writing prior to, if
practicable, but in any event as soon as possible
and in no case later than the next business day
following any action taken under this subsection.
12.24.110 Impact of Excavation on Existing Improvements.
A. If any sidewalk or curb ramp is blocked by
excavation work, a temporary sidewalk or curb ramp
shall be constructed or provided. Said temporary
improvement shall be safe for travel and convenient
for users, and consistent with City standards for
such.
B. Where excavations are made in paved areas, the
surface shall be replaced with a temporary gravel
12.24-11
surface until such time as the permanent repairs
are completed.
C. 1. At any time a permittee disturbs the yard,
residence or the real or personal property of
a private property owner or the City, such
permittee shall ensure that such property is
returned, replaced and/or restored to a
condition that is comparable to the condition
that existed prior to the commencement of the
work, unless such restoration is deemed to be
the property owner's contribution to an
improvement project such as new sidewalks,
etc.
2. The costs associated with the disturbance and
the return, replacement and/or restoration
shall be borne by the permittee, unless such
restoration is the property owner's
contribution to an improvement project as
noted in 1. above. Further, a permittee shall
reimburse a property owner or the City, for
any actual damage caused by the permittee,
its subcontractor, or its independent
contractor, in connection with the disturbance
of such property. However, nothing in this
Subsection shall require the permittee to pay
a subscriber or private property owner when
that subscriber or private property owner
requests that the permittee remove, replace or
relocate improvements associated with the
service provided by the permittee to the
property owner and when the permittee
exercises due care in the performance of that
service, or when the subscriber or private
property owner provided false information to
the permittee on which the permittee relied to
its detriment.
D. Examples of types of acts specifically included in
this Section are the following:
1. Removal of sod, lawn, shrubbery, flowers,
trees, driveways, sprinkling system, or fence,
to install, trench, repair, replace, remove or
locate, equipment, cable or other
appurtenances of the permittee;
2. Installation or removal of equipment or other
appurtenances of the permittee's system within
a private property owner's property or
residence which requires drilling, excavating,
plastering, or the like on the part of the
permittee;
3. Temporarily relocating or moving a piece of
personal property or a fixture of a private
property owner (such as a motor vehicle,
fence, air conditioning, heating unit, or the
like) in order to perform some sort of
construction, maintenance or repair by the
12.24-12
permittee; or
4. Permanently removing a permittee's equipment
or other appurtenances due to the revocation,
termination or non-renewal of the franchise
(if applicable).
E. Existing drainage channels, such as gutters or
ditches, shall be kept free of dirt or other debris
so that natural flow will not be interrupted. When
it is necessary to block or otherwise interrupt
flow of the drainage channel, a method of rerouting
the flow must be submitted for approval by the City
Engineer prior to the blockage of the channel.
F. The requirements imposed upon the permittee extend
to any subcontractor or independent contractor that
the permittee might employee to perform the tasks
pursuant to the permit.
G. The requirements of this Section shall not apply to
the removal by a permittee, of a permanent
structure placed by a property owner in a public
way, unless such property owner has received prior
written permission from the City granting the
property owner the right to install a permanent
structure on a public way, and such written
permission has been filed in the office of the City
Recorder.
12.24.120 Restoration of Public Property.
A. The permittee shall, at its own expense, restore
the surface of any public way to its original
condition and replace any removed or damaged
pavement with the same type and depth of pavement
as that which is adjoining, including the gravel
base material. All restoration shall conform to
the engineering regulations, design standards and
specifications promulgated by the City and shall be
accomplished within the time limits set forth in
the permit, unless additional time is granted in
writing by the City Engineer.
B. At its option, the permittee doing the actual
excavation work may request that the City restore
the surface to its original condition. The fee for
such resurfacing shall be determined by the City
Engineer in accordance with its reasonable costs
for such work and shall be charged to the person
making the excavation. Payment for said work shall
be received by the City prior to the release of the
bond.
12.24.130 Insurance Requirements.
A. Before a permit is issued, the City Engineer may
require the applicant to furnish evidence that such
applicant has a comprehensive general liability and
property damage policy that includes contractual
liability coverage endorsed with such limits and
provisions as determined by the City Engineer after
12.24-13
considering the nature and type of excavation or as
otherwise set forth in this Section.
1. For all projects with an estimated
construction cost exceeding $100,000, as
determined by the City Engineer or actual bid
results:
a. A minimum of One Million Dollars
($1,000,000) combined single limit per
occurrence for bodily injury, personal
injury, and property damage and not less
than One Million Dollars ($1,000,000) in
the aggregate. The general aggregate
limit shall apply separately to the
permit, or the general aggregate limit
shall be two times the required
occurrence limit. The coverage shall be
in the nature of Broad Form Commercial
General Liability coverage and the City
Engineer may increase or decrease minimum
insurance limits, depending on the
potential liability of any project.
2. For all projects with an estimated
construction cost between $10,000 and $99,999,
as determined by the City Engineer or actual
bid results:
a. A minimum of Three Hundred Thousand
Dollars ($300,000) combined single limit
per occurrence for bodily injury,
personal injury, and property damage and
not less than Three Hundred Thousand
Dollars ($300,000) in the aggregate. The
general aggregate limit shall apply
separately to the permit, or the general
aggregate limit shall be two times the
required occurrence limit. The coverage
shall be in the nature of Broad Form
Commercial General Liability coverage.
The City Engineer may increase or
decrease minimum insurance limits,
depending on the potential liability of
any project.
3. For all projects with an estimated
construction cost between $1,000 and $9,999,
as determined by the City Engineer or actual
bid results:
a. A minimum of One Hundred Thousand Dollars
($100,000) combined single limit per
occurrence for bodily injury, personal
injury, and property damage and not less
than One Hundred Thousand Dollars
($100,000) in the aggregate. The general
aggregate limit shall apply separately to
the permit, or the general aggregate
limit shall be two times the required
occurrence limit. The coverage shall be
12.24-14
in the nature of Broad Form Commercial
General Liability coverage. The City
Engineer may increase or decrease minimum
insurance limits, depending on the
potential liability of any project.
4. For all projects with an estimated
construction cost of less than $1,000 and
completed by the property owner, renter,
tenant, etc., without hiring or subletting any
portion of the project to a contractor or
second party, whether or not licensed as a
contractor:
a. None required.
5. The City may require all policies to include
the City, its employees, officers, officials,
agents, volunteers and assigns named as
additional insureds. Any reference to the
City shall include the City, its employees,
officers, officials, agents, volunteers, and
assigns.
6. The coverage shall be primary insurance as
respects the City, its employees, officers,
officials, agents, volunteers, and assigns.
Any insurance or self-insurance maintained by
the City, its employees, officers, officials,
agents, volunteers, and assigns shall be in
excess of the permittee's insurance and shall
not contribute to or with it.
7. Any failure to comply with reporting
provisions of the policy shall effect coverage
provided to the City, its employees, officers,
officials, agents, volunteers, and assigns.
8. Coverage shall state that the permittee's
insurance shall apply separately to each
insured against whom claim is made or suit is
brought, except with respect to the limits of
the insurer's liability.
9. Underwriters shall have no right of recovery
or subrogation against the City, it being the
intent of the parties that the insurance
policy so affected shall protect both parties
and be primary coverage for any and all losses
covered by the described insurance.
10. The insurance companies issuing the policy or
policies shall have no recourse against the
City for payment of any premiums due or for
any assessments under any form of any policy.
11. Each insurance policy shall be endorsed to
state that the coverage shall not be
suspended, voided, canceled, or reduced in
coverage or in limits, except after thirty
(30) days' prior written notice by certified
mail, return receipt requested sent to the
City.
12. Each policy shall be endorsed to indemnify,
12.24-15
save harmless and defend the City and its
officers and employees against any claim or
loss, damage or expense sustained on account
of damages to persons or property occurring by
reason of permit work done by the permittee,
his/her subcontractor or agent, whether or not
the work has been completed and whether or not
the right-of-way has been opened to public
travel.
13. Each policy shall be endorsed to indemnify,
hold harmless and defend the City, and its
officers and employees against any claim or
loss, damage or expense sustained by any
person occurring by reason of doing any work
pursuant to the permit including, but not
limited to falling objects or failure to
maintain proper barricades and/or lights as
required from the time work begins until the
work is completed and right-of-way is opened
for public use.
B. Insurance is to be placed with insurers with an AM
Best rating of no less than an A carrier, with a
rating of 7 or higher.
C. The permittee shall furnish the City with
certificates of insurance and original endorsements
affecting coverage required by the permit. The
certificates and endorsements for each insurance
policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The
City expressly reserves the right to require
complete, certified copies of all required
insurance policies at any time. Consequently, the
permittee shall be prepared to provide such copies
prior to the issuance of the permit.
D. If any of the required policies are, or at any time
become, unsatisfactory to the City as to form or
substance, or if a company issuing any such policy
is, or at any time becomes, unsatisfactory to the
City, the permittee shall promptly obtain a new
policy, submit the same to the City for approval,
and thereafter submit verification of coverage as
required by the City. Upon failure to furnish,
deliver and maintain such insurance as provided
herein, the City may declare the permit to be in
default and pursue any and all remedies the City
may have at law or in equity, including those
actions outlined in this Chapter.
E. The permittee shall include all subcontractors as
insured under its policies or shall furnish
separate certificates and endorsements for each
subcontractor. All coverages for subcontractors
shall be subject to all of the requirements stated
herein.
F. Any deductibles or self-insured retentions shall be
declared to and approved by the City. At the
12.24-16
option of the City, either the insurer shall reduce
or eliminate such deductibles or self-insured
retentions as respects the City, its employees,
officers, officials, agents, volunteers or assigns,
or the permittee shall procure a bond, in a form
acceptable to the City, guaranteeing payment of
losses and related investigations, claim
administration, and defense expenses.
G. A property owner performing work adjacent to
his/her residence may submit proof of a homeowner's
insurance policy in lieu of the insurance
requirements of this Section.
H. A provider may be relieved of the obligation of
submitting certificates of insurance under the
following circumstances:
1. If such company shall submit satisfactory
evidence in advance that:
a. It is insured in the amounts set forth in
this Chapter, or has complied with State
requirements to become self insured.
Public utilities may submit annually
evidence of insurance coverage in lieu of
individual submissions for each permit;
and
b. Said coverage provides to the City the
same scope of coverage that would
otherwise be provided by a separate
policy as required by this Chapter; or
c. The work to be performed under the permit
issued to the applicant is to be
performed by the City, in which case
insurance or other risk transfer issues
shall be negotiated between the City and
the applicant by separate agreement.
12.24.140 Bond - When Required, Conditions, Warranty.
A. Except as noted in this Section, each person
seeking a permit to excavate shall provide the City
with an acceptable security (this may include a
corporate surety bond, cash bond or letter of
credit, as determined by the City) in the amount
equal to ten (10) percent of the estimated cost of
the project, or some other amount as determined by
the City Engineer, to guarantee faithful
performance of the work authorized by a permit
granted pursuant to this Chapter. Said bond shall
remain in effect for a period of 24 months
following completion of the excavation to assure
that the streets or right-of-way, etc., have been
restored in a satisfactory manner as required by
this Chapter. The amount of security required may
be increased or decreased at the discretion of the
City Engineer whenever it appears that the nature
and amount and cost of the work to be performed
justifies such adjustment. The form of the security
12.24-17
and the entity issuing the security shall be
subject to the approval of the City.
B. A person or public utility franchised by the City
that regularly or routinely excavates within City
limits may post a blanket bond to cover more than
one excavation. Said blanket bond shall be in the
amount of $10,000 but may be increased or decreased
if, in the opinion of the City Engineer, the nature
of the excavation warrants such action. A public
utility shall not be required to file any security
if such requirement is expressly waived in the
franchise documents.
C. A person excavating in the municipal right-of-way
may be exempt from providing a bond if the project
bears an estimated construction cost of less than
$1,000 and will be completed by the property owner,
renter, tenant, etc., without hiring or subletting
any portion of the project to a contractor or
second party, whether or not licensed as a
contractor.
D. The security required by this Section shall be
conditioned as follows:
1. That the permittee shall fully comply with the
requirements of the City ordinances and
regulations, specifications and standards
promulgated by the City relative to work in
the public way, and respond to the City in
damages for failure to conform therewith;
2. That after work is commenced, the permittee
shall proceed with diligence and expedition
and shall promptly complete such work and
restore the public way to construction
specifications, so as not to obstruct the
public place or travel thereon more than is
reasonably necessary;
3. That the permittee shall guarantee the
materials and workmanship for a period of two
years from completion of such work, with
reasonable wear and tear excepted; and
4. That, unless authorized by the City Engineer
on the permit, all paving, resurfacing or
replacement of street facilities on major or
collector streets shall be done in conformance
with the regulations contained herein within
three calendar days, and within seven calendar
days from the time the excavation commences on
all other streets, except as provided for
during excavation in winter or during weather
conditions which do not allow paving according
to engineering regulations and construction
specifications. In winter, a temporary patch
must be provided. In all excavations,
restoration of pavement surfaces shall be made
immediately after backfilling is completed or
concrete is cured. If work is expected to
12.24-18
exceed the above duration, the permittee shall
submit a detailed construction schedule for
approval. The schedule will address means and
methods to minimize traffic disruption and
complete the construction as soon as
reasonably possible.
12.24.150 Hold Harmless Agreement; Limitations on City
Liability.
A. The permittee agrees to save the City, its
officers, employees and agents harmless from any
and all costs, damages and liabilities which may
accrue or be claimed to accrue by reason of any
work performed under the permit. The issuance and
acceptance of any permit under this Chapter shall
constitute such an agreement by the permittee to
this Section.
B. This Chapter shall neither be construed as imposing
upon the City, its officers, employees and agents,
any liability or responsibility for damages to any
person injured by or by reason of the performance
of any work within the public way, or under a
permit issued pursuant to this Chapter; nor shall
the City, its officers, officials, employees,
agents, volunteers or assigns thereof be deemed to
have assumed any such liability or responsibility
by reason of inspection authorized hereunder, the
issuance of any permit, or the approval of any
work.
12.24.160 Work without Permit - Penalty.
A. A stop order may be issued by the City Engineer
directed to any person or persons doing or causing
any work to be done in the pubic way without a
permit.
B. Any person found to be doing work in the public way
without having obtained a permit, as provided in
this Chapter, shall be required to pay a permit fee
equal to two times the normal permit fee. For
replacement work, where a fee is not normally
charged, the normal permit fee for new construction
shall apply.
12.24.170 Failure to Comply; Default in Performance.
A. Any permit may be revoked or suspended and a stop
order issued by the City Engineer, after notice to
the permittee for:
1. Violation of any condition of the permit, the
security, or of any provision of this Chapter;
2. Violation of any provision of any other
ordinance of the City or law relating to the
work; or
3. Existence of any condition or the doing of any
act which does constitute, may constitute, or
12.24-19
cause a condition endangering life or
property.
B. A suspension or revocation by the City Engineer,
and a stop order, shall take effect immediately
upon entry thereof by the City Engineer and notice
to the person performing the work in the public
way. Notice to the person performing the work
shall be accomplished when the City Engineer has
posted a stop work order at the location of the
work and written notice has been mailed, return
receipt requested, to the address indicated by the
permittee on the permit.
C. Whenever the City Engineer finds that a default has
occurred in the performance of any term or
condition of the permit, written notice thereof may
be given to the principal and to the surety on the
bond, if there is a surety bond. Such notice shall
state the work to be done, the estimated cost
thereof, and the period of time deemed by the City
Engineer to be reasonably necessary for the
completion of the work.
D. In the event that the surety (or principal), within
a reasonable time following the giving of such
notice (taking into consideration the exigencies of
the situation, the nature of the work, the
requirements of public safety and for the
protection of persons and property), fails either
to commence and cause the required work to be
performed with due diligence, or to indemnify the
City for the cost of doing the work, as set forth
in the notice, the City may perform the work, at
the discretion of the City Engineer, with City
forces or contract forces or both, and suit may be
commenced by the City Attorney against the
contractor and bonding company and such other
persons as may be liable, to recover the entire
amount due to the City, including attorney fees, on
account thereof. In the event that cash has been
deposited, the cost of performing the work may be
charged against the amount deposited, and suit
brought for the balance due, if any.
12.24.180 Failure to Conform to Design Standards - Penalty.
For failure to conform to the design standards,
specification, and regulations, the City Engineer may:
A. Suspend or revoke the permit;
B. Issue a stop order;
C. Order removal and replacement of faulty work;
D. Require an extended warranty period; and/or;
E. Negotiate a cash settlement to be applied toward
future maintenance costs.
12.24.190 Appeal of Suspension, Revocation, or Stop Order.
Any suspension, revocation or stop order by the City
Engineer may be appealed by the permittee to the City Council
12.24-20
by filing a written notice of appeal within ten days of the
action of the City Engineer. The City Council shall hear such
appeal, if written request therefor be timely filed, as soon
as practicable, and render its decision within a reasonable
time following filing of notice of appeal.
12.24.200 Tampering with Traffic Barricades.
It shall be unlawful for any person to maliciously or
wantonly or without authorization and legal cause, extinguish,
remove or diminish any light illuminating any barricade or
excavation, or to tear down, remove or in any manner alter any
rail, fence or barricade protecting any excavation or other
construction site.
12.24.210 Conflict with Governing Provisions.
Should there be a conflict between the provisions of this
Chapter and the provisions of any other ordinance, agreement,
franchise, or other document governing the excavation of a
public way, the more restrictive provisions of the aforesaid
documents shall apply.
12.24.220 Violation - Penalty.
Unless otherwise specified in this Chapter, a violation
of any provision of this Chapter, or failure to comply with an
order of suspension, revocation or stop work, shall be a class
B misdemeanor. Each day the violation exists shall be a
separate offense. No criminal conviction shall excuse the
person from otherwise complying with the provisions of this
Chapter. (Ord. 03-08)
12.28-1
Chapter 12.28
TELECOMMUNICATIONS RIGHTS-OF-WAY ORDINANCE
Sections: 12.28.010 Declaration of findings and intent; scope of
ordinance.
12.28.020 Defined terms.
12.28.030 Franchise required.
12.28.040 Compensation and other payments.
12.28.050 Franchise applications.
12.28.060 Construction and technical requirements.
12.28.070 Franchise, license, transfer of sale.
12.28.080 Oversight and regulation.
12.28.090 Rights of City.
12.28.100 Obligation to notify.
12.28.110 General provisions.
12.28.120 Federal, State and City jurisdiction.
12.28.010 Declaration of findings and intent, scope of
ordinance.
A. Findings regarding rights-of-way. The City of
Hyrum, Utah finds that the Rights-of-Way within the
City:
1. are critical to the travel and transport of
persons and property in the business and
social life of the City;
2. are intended for public uses and must be
managed and controlled consistent with that
intent;
3. can be partially occupied by the facilities of
utilities and other public service entities
delivering utility and public services
rendered for profit, to the enhancement of the
health, welfare, and general economic well-
being of the City and its citizens; and
4. are a unique and physically limited resource
requiring proper management to maximize the
efficiency and to minimize the costs to the
taxpayers of the foregoing uses and to
minimize the inconvenience to and negative
effects upon the public from such facilities'
construction, placement, relocation, and
maintenance in the Rights-of-Way.
B. Finding regarding compensation. The City finds
that the City should receive fair and reasonable
compensation for use of the Rights-of-Way.
C. 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.
12.28-2
D. Finding regarding promotion of telecommunications
services. The City finds that it is in the best
interests of its taxpayers and citizens to promote
the rapid development of Telecommunications
Services, on a nondiscrimination basis, responsive
to community and public interest, and to assure
availability for municipal, educational and
community services.
E. 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:
1. fairly and reasonably compensates the City on
a competitively neutral and non-discriminatory
basis as provided herein;
2. encourages competition by establishing terms
and conditions under which Providers may use
the Rights-of-Way to serve the public;
3. fully protects the public interests and the
City from any harm that may flow from such
commercial use of Rights-of-Way;
4. protects the police powers and Rights-of-Way
management authority of the City, in a manner
consistent with federal and state law;
5. otherwise protects the public interests in the
development and use of the City
infrastructure;
6. protects the public’s investment in
improvements in the Rights-of-Way; and
7. 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‖, P.L.
No. 104-104).
F. Power to manage rights-of-Way. The City adopts
this Telecommunications Ordinance 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.
G. Scope of ordinance. This Ordinance 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 Ordinance shall apply to all future
Providers and to all Providers in the City prior to
the effective date of this Ordinance, whether
12.28-3
operating with or without a Franchise as set forth
in Subsection B, of Section 12.28.120.
H. Excluded activity.
1. Cable TV. This Ordinance shall not apply to
cable television operators otherwise regulated
by Ordinance 97-18 (the ―Cable Television
Ordinance‖).
2. Wireless services. This Ordinance 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 Ordinance
through the exercise of the City’s police
power and not preempted by other law shall be
applicable.
12.28.020 Defined Terms.
A. Definitions. For purposes of this Ordinance, the
following terms, phrases, words, and their
derivatives shall have the meanings set forth in
this Section, unless the contest 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.
1. “Application” means 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 a 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.
2. “City” means Hyrum City, Utah.
3. “Completion Date” means the date that a
Provider begins providing Services to
customers in the City.
4. “Construction Costs” means all costs of
constructing a System, including make ready
costs, other than engineering fees, attorneys
or accountants fees, or other consulting fees.
5. “Control” or “Controlling Interest” means
actual working control in whatever manner
12.28-4
exercised, including, without limitation,
working control through ownership, management,
debt instruments or negative control, as 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 any Person, or group of Persons
acting in concert, of more than 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 herein may be
held simultaneously by more than one Person or
group of Persons.
6. “FCC” means the Federal Communications
Commission, or any successor thereto.
7. “Franchise” means 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
Rights-of-Way.
8. “Franchise agreement” means a contract entered
into in accordance with the provisions of this
Ordinance between the City and a Franchisee
that sets forth, subject to this Ordinance,
the terms and conditions under which a
Franchise will be exercised.
9. “Gross Revenue” 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.
10. “Infrastructure provider” means 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.
12.28-5
11. “Open Video Service” means 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
Sections 6512, et seq., of the
Telecommunications Act (to be codified at 47
U.S.C. Title VI, Part V), regardless of the
System used.
12. “Open Video System” means 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.
13. “Operator” means 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.
14. “Ordinance” or “Telecommunications Ordinance”
means this Telecommunications Ordinance
concerning the granting of Franchises in and
by the City for the construction, ownership,
operation, use or maintenance of a
Telecommunications System.
15. “Person” includes any individual, corporation,
partnership, association, joint stock company,
trust, or any other legal entity, but not the
City.
16. “Person Wireless Services Facilities” has the
same meaning as provided in Section 704 of the
Act (47 U.S.C. 332(c)(7)(c)), which includes
what is commonly known as cellular and PCS
Services that do not install any System or
portion of a System in the Rights-of-Way.
17. “Provider” means an Operator, Infrastructure
Provider, Resaler, or System Lessee.
18. “PSC” means the Public Service Commission, or
any successor thereto.
19. “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.
20. “Rights-of-Way” means 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.
21. “Signal” means any transmission or reception
12.28-6
of electronic, electrical, light or laser or
radio frequency energy or optical information
in either analog or digital format.
22. “System Lessee” refers to any Person that
leases a System or a specific portion of a
System to provide Services.
23. “Telecommunications” means 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.
24. “Telecommunications System” or “System” means
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.
25. ”Telecommunications Service(s)” or “Services”
means 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 1992 (47 U.S.C.
§521, et seq.), and the Telecommunications Act
of 1996. Telecommunications System or Systems
also includes an Open Video System.
26. “Wire” means fiber optic Telecommunications
cable, wire, coaxial cable, or other
transmission medium that may be used in lieu
thereof for similar purposes.
12.28.030 Franchise Required.
A. Non-Exclusive franchise. The City is empowered and
authorized to issue non-exclusive Franchises
governing the installation, construction, and
maintenance of Systems in the City’s Rights-of-Way,
in accordance with the provisions of this
Ordinance. The Franchise is granted through a
Franchise Agreement entered into between the City
and Provider.
B. Every provider must obtain. Except to the extent
12.28-7
preempted by federal or state law, as ultimately
interpreted by a court of competent jurisdiction,
including any appeals, 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 the 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 non-exclusive 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 this
Ordinance shall request issuance of a Franchise
from the City within 90 days of the effective date
of this 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 Section 12.28.090, Subsection D.
E. Nature of franchise. The Franchise granted by the
City under the provisions of this Ordinance shall
be 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
12.28-8
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
Ordinance shall have a term of less than five (5)
years or greater than fifteen (15) years. Each
Franchise shall be granted in a nondiscriminatory
manner.
12.28.040 Compensation and Other Payments.
A. Compensation. As fair and reasonable compensation
for any Franchise granted pursuant to this
Ordinance, 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, $500 as
a non-refundable 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 Chapter 12.24, Section 12.24.050,
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 Ordinance or 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
12.28-9
Association. Any costs associated with any work to
be done by the Power and Public Works Department to
provide 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 payments
shall be in addition to any other fees payable
pursuant to this Ordinance.
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 the 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 Ordinance, 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 Ordinance and the
Franchise, including, without limitation, all
compensation and other payment provisions through
the period of such continued operation, provided
that any such continued operation shall in no way
be construed as a renewal of 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.
12.28.050 Franchise Applications.
A. Franchise application. To obtain a Franchise to
construct, own, maintain or provide Services
through any System within the City, to obtain a
12.28-10
renewal of a Franchise granted pursuant to this
Ordinance, or to obtain the City approval of a
transfer of a Franchise, as provided in Section
12.28.070, Subsection A.2, granted pursuant to this
Ordinance, an Application must be filed with City
on the form attached to this Ordinance as Exhibit
A, which is hereby incorporated by reference. The
Application form may be changed by the Mayor so
long as such changes request information that is
consistent with this Ordinance. Such Application
form, as amended, is incorporated by reference.
B. Application criteria. In making a determination as
to an Application filed pursuant to this Ordinance,
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
Ordinance.
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.
12.28.060 Construction and Technical Requirements.
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,
12.28-11
that any part of the System, including, without
limitation, any means used to distribute Signals
over or within the System, is harmful to the public
health, safety or welfare, or quality of service or
reliability, then a Provider shall, at its own cost
and expense, promptly correct all such conditions.
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 Section 12,28.110,
Subsection D.
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
12.28-12
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. 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 reasonably 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 not
unreasonably obstruct the Rights-of-Way of fixed
guide way systems, railways, passenger travel, or
other traffic to, from or within the City without
the prior consent of the appropriate authorities.
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
12.28-13
repaired by the City at the Provider’s expense, to
a condition as good as that prevailing before such
work was commenced. Upon doing so, the City shall
submit to such a Provider an itemized statement of
the cost for repairing and restoring the Rights-of-
Way intruded upon. The Provider shall, within
thirty (30) days after receipt of the statement,
pay to the City the entire amount thereof.
I. System maintenance. A Provider shall:
1. Install and maintain all parts of its System
in a non-dangerous 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.
12.28.070 Franchise, License, Transfer or Sale.
A. Notification of sale.
1. Notification and election. When a Provider is
the subject of a sale, transfer, lease,
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 OSC, 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
Ordinance.
2. Transfer of franchise. Upon receipt of a
notification and certification in accordance
with Subsection A.1(a), above, the City
designee, as provided in Section 12,28.090,
Subsection A(1), shall send notice affirming
the transfer of the Franchise to the successor
12.28-14
entity. If the City has good cause to believe
that the successor entity may not comply with
this Ordinance or the Franchise Agreement, it
may require an Application for the transfer.
The Application shall comply with Section
12.28.050.
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, above,
and the City has good cause to believe that
the successor entity may not comply with this
Ordinance or the Franchise Agreement, it may
require an Application. The Application shall
comply with Section 12.28.050.
4. Events of sale. The following events shall be
deemed to be a sale, assignment or other
transfer of the Franchise requiring compliance
with Section 7.A, above:
a. the sale, assignment, or other transfer
of all or a majority of a Provider’s
assets to another Person;
b. 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;
c. 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
d. the entry by a Provider into an agreement
with respect to the management or
operation of such Provider or its System.
12.28.080 Oversight and Regulation.
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
12.28-15
reasonable detail, to the satisfaction of the City
at all times throughout the Term, that a Provider
is in compliance with Franchise. A Provider shall
retain such records for not less than 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-Way where work will be undertaken. As used
herein, ―as-built‖ maps includes ―file
construction prints.‖ Maps shall be drawn to
scale. ―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
of Utah, 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 the Utah Government Records Access
and Management Act (―GRAMA‖), making it available
only to those who must have access to perform their
duties on behalf of the City, provided that a
Provider notifies the City of, and clearly labels
12.28-16
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 Ordinance shall be furnished at
the sole expense of a Provider, except as otherwise
provided in this Ordinance 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
reasonably times, upon giving reasonable notice of
the intention to inspect or audit the books and
records, provided that the City shall not audit the
books and records of the Provider more often than
annually. The Provider agrees to reimburse the
City the reasonable costs of an audit if the audit
discloses that the Provider has paid ninety-five
percent (95%) or less of the compensation due the
City for the period of such audit. In the event
the accounting rendered to the City by the Provider
herein is found to be incorrect, then payment shall
be made on the corrected amount within thirty (30)
calendar days of written notice, it being agreed
that the City may accept any amount offered by the
Provider, but the acceptance thereof by the City
shall not be deemed a settlement of such item if
the amount is in dispute or is later found to be
incorrect.
12.28.090 Right of City.
A. Enforcement and remedies.
1. Enforcement – City designee. The City is
responsible for enforcing and administering
this Ordinance, 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 Ordinance shall contain
appropriate provisions for enforcement,
compensation, and protection of the public,
consistent with the other provisions of this
Ordinance, including, but not limited to,
defining events of default, procedures for
accessing the Bond/Security Fund, and rights
of termination of revocation.
B. Force majeure. In the event a Provider’s
performance of any of the terms, conditions or
obligations required by this Ordinance 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
12.28-17
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 Ordinance, 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 Ordinance and the
Franchise granted pursuant to this Ordinance.
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 Ordinance or
Franchise; or
c. The provisions of Section 12.28.030,
Subsection D 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 Ordinance, a Provider shall
remove within a reasonable time the abandoned
System and shall restore, using prudent
12.28-18
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
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 Ordinance and any security fund
provided in a Franchise shall continue in full
force and effect during the period of removal
and until full compliance by a Provider with
the terms and conditions of this Section.
3. Transfer of abandoned system to city. Upon
abandonment of any System in place, a
Provider, if required by the City, shall
submit to the City a written instrument,
satisfactory in form to the City, transferring
to the City the ownership of the abandoned
System.
4. Removal of above-ground system. At the
expiration of the term for which a Franchise
is granted, or upon its revocation or earlier
expiration, as provided for by this Ordinance,
in any such case without renewal, extension or
transfer, the City shall have the right to
require a Provider to remove, at its expense,
all above-ground portions of a System from the
Rights-of-Way within a reasonable period of
time, which shall not be less than one hundred
eight (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
Ordinance, a Provider may abandon any
underground System in place as long as it does
not materially interfere with the use of the
Rights-of-Way or with the use thereof by any
public utility, cable operator or other
Person.
12.28.100 Obligation to Notify.
Publicizing work. 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.
12.28-19
12.28.110 General Provisions.
A. Conflicts. In the event of a conflict between any
provision of this Ordinance and a Franchise entered
pursuant to it, the provisions of this Ordinance in
effect at the time the Franchise is entered into
shall control.
B. Severability. If any provision of this Ordinance
is held by any federal, state, or local court of
competent jurisdiction, to be invalid as
conflicting with any federal or state statue, or is
ordered by a court to be modified in any way in
order to conform to the requirements of any such
law and all appellate remedies with regard to the
validity of the Ordinance provisions in question
are exhausted, such provision shall be considered a
separate, distinct, and 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 Ordinance, 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 Ordinance or pursuant to a
Franchise granted pursuant to this Ordinance 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
directive that it finds necessary or appropriate in
the lawful exercise of its police powers.
12.28.120 Federal, State and City Jurisdiction.
A. Construction. This Ordinance shall be construed in
12.28-20
a manner consistent with all applicable federal and
state statutes.
B. Ordinance applicability. This Ordinance shall
apply to all Franchises granted or renewed after
the effective date of this Ordinance. This
Ordinance shall further apply, to the extent
permitted by applicable federal or state law to all
existing Franchises granted prior to the effective
date of this Ordinance and to a Provider providing
Services, without a Franchise, prior to the
effective date of this 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 Ordinance or any Franchise
granted pursuant to this Ordinance by reason of any
failure of the City to enforce prompt compliance.
E. Construed according to Utah law. This Ordinance
and any Franchise granted pursuant to this
Ordinance shall be construed and enforced in
accordance with the substantive laws of the State
of Utah. (Ord.98-09)