12-3-3: REMOVAL OF DEBRIS FROM DAMAGED VEHICLES:

Any person removing a wrecked or damaged vehicle from a public road, highway, park, recreation area or other public or private land shall remove any glass or other injurious substance dropped from such vehicle upon the road or highway or in the park, recreation area or other public or private land.

(1979 Code § 8.16.030; Ord. 97-91, 12-16-1997)

12-3-4: MATERIALS TRANSPORTED ON STREETS:

   A.   Transportation Of Materials: All materials of any kind whatsoever conveyed or hauled through or upon any public streets or highways of the City, shall be transported in such a manner as to prevent such materials from falling from the transporting vehicles and littering such streets, highways, or adjacent properties. If necessary to prevent such littering of streets, highways, or adjacent properties, the material thus transported shall be securely tied down or shall be tightly covered with heavy canvas or other suitable covering.

   B.   Haulers: It is unlawful for any person engaged in hauling garbage, market waste, trade waste, community waste, stove ashes, construction or demolition waste, dead animals, night soil or other refuse or solid waste materials, or any soil, sand, gravel, concrete or cement of any kind upon the streets of the City to permit, suffer, allow or cause any of said material to fall into or to remain in said streets.

   C.   Vehicles: No vehicle shall be operated or moved on any street or highway within the City unless such vehicle is so constructed or loaded as to prevent its contents from dropping, sifting or leaking, or otherwise escaping from the vehicle.

   D.   Special Provisions For Construction Materials Or Scrap Metals:

      1.   In addition to the requirements under subsection C of this Section, a vehicle carrying dirt, sand, gravel, rock fragments, pebbles, crushed base, aggregate, any other similar material, or scrap metal, shall have a covering over the entire load unless:

         a.   The highest point of the load does not extend above the top of any exterior wall or sideboard of the cargo compartment of the vehicle; and

         b.   The outer edges of the load are at least six inches (6") below the top inside edges of the exterior walls or sideboards of the cargo compartment of the vehicle.

      2.   The following material is exempt from he provisions of subsection D1 of this Section:

         a.   Coal;

         b.   Hot mix asphalt;

         c.   Construction debris or scrap metal if the debris or scrap metal is a size and in a form not susceptible to being blown out of the vehicle;

         d.   Material being transported across a highway between two (2) parcels of property that would be contiguous but for the highway that is being crossed; and

         e.   Material listed under subsection D1 of this Section that is enclosed on all sides by containers, bags, or packaging;

      3.   A chemical substance capable of coating or bonding a load so that the load is confined on a vehicle, may be considered a covering for purposes of subsection D1 of this Section so long as the chemical substance remains effective at confining the load.

   E.   Snow Removal; Highway Maintenance:

      1.   An authorized vehicle performing snow removal services on a highway is exempt from the requirements of this Section if the vehicle's load is screened to a particle size established by rule of the Utah Department of Transportation.

      2.   This Section does not prohibit the necessary spreading of any substance connected with highway maintenance, construction, securing traction, or snow removal.

   F.   Highways: A person may not operate a vehicle with a load on any highway unless the load and any load covering is fastened, secured, and confined to prevent the covering or load from becoming loose, detached, or in any manner a hazard to the safe operation of the vehicle, or to other highway users.

(1979 Code § 8.16.040; Ord. 97-91, 12-16-1997)

12-3-5: ACCUMULATION OF LITTER AT CONSTRUCTION OR DEMOLITION SITES PROHIBITED:

Any person in charge of a construction or demolition site shall take those steps as are reasonably necessary to prevent the accumulation of litter at the construction or demolition site.

(1979 Code § 8.16.050; Ord. 97-91, 12-16-1997)

12-3-6: WASTE RECEPTACLES:

   A.   Duty To Provide Waste Receptacles: Every owner, lessee or occupant of any dwelling, building, premises or place of business shall provide or cause to be provided, and at all times keep, suitable and sufficient receptacles for receiving and holding garbage, community waste, market waste, trade waste and other refuse or solid waste that may accumulate from said dwelling, building or place of business, or upon said premises or the portion thereof under the control of such person.

   B.   Container Requirements For Garbage And Market Waste: All garbage and market waste must be placed in rainproof and flyproof receptacles, either a metallic container with proper covers or an automated container as described herein, and shall be at all times kept securely closed and shall be kept in such place and in such manner as to prevent offense. When automated containers are being used, they shall only be filled to a level that permits the lid to close.

   C.   Nonresidential Establishments And Multiple-Dwelling Units: Solid waste generated or stored for collection at commercial establishments and institutions, businesses, apartment houses, multiple-dwelling units and public buildings, shall be:

      1.   Kept containerized and covered or enclosed at all times; and

      2.   Shall be removed at the direction of the owners of such establishments or institutions at least once each week and on such additional occasions as are necessary to prevent adverse health and nuisance conditions.

(1979 Code § 8.16.060; Ord. 97-91, 12-16-1997)

12-3-7: NEW BUILDINGS; ADEQUATE DISPOSAL AND STORAGE FACILITIES:

   A.   Disposal Plan; Approval: Before building permits shall be issued for construction of commercial buildings, industrial uses or buildings and multiple-family units, plans for the adequacy, location and accessibility of solid waste containerization and storage facilities must be approved by the department of community development.

   B.   Certificate Of Occupancy; Approval: No certificate of occupancy shall be issued for such premises until the department's approval of these facilities has been obtained.

(1979 Code § 8.16.070; Ord. 97-91, 12-16-1997)

12-3-8: PENALTY:

   A.   A violation of this chapter shall be a class C misdemeanor, subject to penalty as provided in title 1, chapter 4 of this code; provided, that the sentencing judge may also impose as additional penalties the requirements that the offender shall devote at least one hour in cleaning up any litter caused by such person and cleaning up any existing litter from a safe area designated by the sentencing judge.

   B.   Failure to correct a violation of section 12-3-5 or 12-3-6 of this chapter after notice of violation and expiration of the warning period may be enforced by imposition of the following civil penalties pursuant to title 1, chapter 4, article B of this code:

      1.   The first civil citation issued after expiration of the warning period shall subject the responsible party to the initial penalty of one hundred twenty five dollars ($125.00).

      2.   The second civil citation issued after expiration of the warning period and the prior imposition of the initial penalty shall subject the responsible party to the intermediate penalty of two hundred fifty dollars ($250.00).

      3.   Any subsequent civil citation issued after expiration of the warning period and the prior imposition of the intermediate penalty, or any reoccurring violation under section 1-4B-6 of this code, shall subject the responsible party to the maximum penalty of five hundred dollars ($500.00).

(1979 Code § 8.16.080; Ord. 97-91, 12-16-1997; amd. Ord. 2005-29, 5-24-2005)