CHAPTER 2
OFFENSES; CODES ADOPTED
SECTION:
5-2-1: Criminal Code And Code Of Criminal Procedure Adopted
5-2-1: CRIMINAL CODE AND CODE OF CRIMINAL PROCEDURE ADOPTED:
   A.   The Utah criminal code, as contained in Utah Code Annotated 76-1-101 et seq., as amended, is hereby adopted as the criminal code for the city and incorporated as part of the ordinances of the city. Where a citation, information or complaint is issued under the Utah criminal code, as adopted by this subsection, it shall be sufficient to use the section number of the Utah code to designate the section number of the city code which has been violated. Those portions of the Utah criminal code, as adopted herein, referring to or dealing with felonies which are not subject to enforcement by the city, or punishments associated with felonies which are not subject to enforcement by the city, are not part of the adopted code of the city.
   B.   Utah Code Annotated 77-1-1 et seq., as amended, titled the Utah code of criminal procedure, are hereby adopted and incorporated as part of the city code. Where a citation, information or complaint is issued under Utah Code Annotated title 77, as amended, and as adopted herein, it shall be sufficient to use the section number of the Utah code to designate the section number of the city code which has been violated. Those portions of the above referenced Utah code provisions as adopted herein, referring to or dealing with felonies which are not subject to enforcement by the city, or punishments associated with felonies which are not subject to enforcement by the city, are not part of the adopted code of the city.
   C.   Utah Code Annotated title 62A, as amended, titled the human services code, are hereby adopted and incorporated as part of the criminal code for the city and incorporated as part of the ordinances of the city. Where a citation, information, or complaint is issued under the Utah criminal code, as adopted by this subsection, it shall be sufficient to use the section number of the Utah code to designate the section number of the city code which has been violated. Those portions of the Utah criminal code, as adopted herein, referring to or dealing with felonies which are not subject to enforcement by the city, or punishments associated with felonies which are not subject to enforcement by the city, are not part of the adopted code of the city.
   D.   Utah Code Annotated title 53A, part 5 of chapter 3, as amended, titled state system of public education, is hereby adopted as the criminal code for the city and incorporated as part of the ordinances of the city. Where a citation, information, or complaint is issued under the Utah criminal code, as adopted by this subsection, it shall be sufficient to use the section number of the city code which has been violated. Those portions of the Utah criminal code, as adopted herein, referring to or dealing with felonies which are not subject to enforcement by the city, or punishments associated with felonies which are not subject to enforcement by the city, are not part of the adopted code of the city. (Ord. 2011-26, 10-18-2011)
ARTICLE A.  OFFENSES AGAINST PUBLIC DECENCY
SECTION:
5-2A-1: Drinking In Public; Open Containers
5-2A-2: Expectoration; Tobacco Littering
5-2A-3: Lewdness
5-2A-1: DRINKING IN PUBLIC; OPEN CONTAINERS:
It is unlawful for any person, while in or about any vehicle in the city, to open or allow to be opened any container containing an alcoholic beverage or intoxicating liquor, or for such person to consume any alcoholic beverage or intoxicating liquor while in or about any such motor vehicle. It is also unlawful for any person while in or about any motor vehicle in the city, or while in or on or about any public place in the city, including public streets and sidewalks, to have in his possession any opened container containing an alcoholic beverage or intoxicating liquor. (1990 Code § 9.08.010)
5-2A-2: EXPECTORATION; TOBACCO LITTERING:
It is unlawful for any person to expectorate or throw cigar stumps, cigarette stumps or quids of tobacco on the floor of any public conveyance or public building or on any paved sidewalk. (1990 Code § 9.08.020)
5-2A-3: LEWDNESS 1 :
   A.   Definitions: As used in this section:
    PRIVATE PARTS: Pubic area, buttocks with less than a fully opaque covering, or a showing of the female breast below a point immediately above the top of the areola.
   PUBLIC PLACE: Any place to which the public or a substantial group of the public has access. It includes commercial establishments and any place to which admission is gained by payment or a membership or admission fee, however designated, notwithstanding it being designated a private club or by words of like import.
   B.   Examples Of Lewd Behavior: A person is guilty of lewdness if he performs an act of sexual intercourse or sodomy, exposes his or her genitals or private parts, masturbates, engages in trespassory voyeurism, or performs any other act of lewdness in a public place under circumstances which he or she should know will likely cause affront or alarm. (Ord. 2000-25, 8-1-2000)
   C.   Penalty: Lewd behavior is a class B misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. (Ord. 2000-25, 8-1-2000; amd. 2003 Code)
ARTICLE B.  OFFENSES AGAINST PUBLIC PEACE
SECTION:
5-2B-1: Public Disturbances
5-2B-1: PUBLIC DISTURBANCES 2 :
   A.   Noise Categories:
      1.   Sounds Of Commerce And Industry: In this category are those noises necessarily made by commercial vehicles in progress of transporting persons or goods, necessary noises of construction or demolition and other sounds necessarily connected with the carrying on of modern business life. Enforcement agencies of the city are hereby specifically authorized to work with the producers of this type of noise to either eliminate, modify and/or muffle the sounds in a way that will allow progress to continue while minimizing the disturbing effects of the noise. Creating of such noises, when they reach such a stage that they become harmful or disturbing, are declared to be a public nuisance and shall be abated. Continued refusal to modify excessive noise is declared to be a class B misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. (Ord. 97-20, 9-16-1997; amd. 2003 Code)
      2.   Public Disturbance Noises: In this category are those noises which because of their intensity, the decibel level, the constancy of the noise or proximity to residences, businesses and generally inhabited areas, create a disturbance to human life and efficiency. Included in this category and typical thereof, though not exclusive of others not so listed, would be the following:
         a.   Inadequately or defectively muffled vehicles, engines and motors;
         b.   Loud machinery and pneumatic apparatus;
         c.   Amplified music or other amplified sounds; (Ord. 97-20, 9-16-1997)
         d.   Miscellaneous noises, including those of animals, machinery, gunfire, etc., when their emission creates a public disturbance, either because of the intensity or disturbing nature and/or the time of the emission. Noises of these categories are hereby determined to be not only a nuisance which may be abated by the proper authorities in the city, but are unlawful and each occurrence shall constitute a class C misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code.
      3.   Intentionally Caused Noises: In this category are those noises which are caused for the sake of making noise without regard to the comfort, sleep or general health and welfare of other persons. Production of such noise is unlawful and constitutes a class B misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. Typical of this type of noise are the following: (Ord. 97-20, 9-16-1997; amd. 2003 Code)
         a.   Improperly muffled vehicle engines, when the same are rapidly accelerated or decelerated, and especially during the hours that they are likely to interfere with the sleep or peaceful calm of residential neighborhoods;
         b.   Sounds that are mechanically, pneumatically or electronically produced or amplified, when the same are not enclosed within a building or enclosure which absorbs the sound so as not to disturb the surrounding area;
         c.   Sounds or music created or amplified within a public building or enclosure with such volume and intensity that the sound produced is actually or potentially dangerous to hearers within the enclosure.
   B.   Definitions: When used in this section, the terms below shall have the following meanings:
    DAY: Shall be from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M.
   EMERGENCY WORK: Work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger.
   IMPULSE NOISE: A noise with an "on" cycle of ten percent (10%) or less and a maximum continuous duration of two (2) seconds. Example: A gunshot.
   INTERMITTENT NOISE: A noise with an "on" cycle of ten percent (10%) or less and a maximum continuous duration of six (6) minutes. Example: A motor vehicle passing a fixed location.
   MOTOR VEHICLES: Shall include, but not be limited to, automobiles, trucks, motorcycles, snowmobiles, recreational vehicles, minibikes, go-carts, aircraft and motorboats.
   NIGHT: Shall be from ten o'clock (10:00) P.M. to seven o'clock (7:00) A.M.
   NOISE: An undesired or harmful sound.
   NOISE SOURCE: Any instrument or device for amplifying sound, or anything which produces, reproduces or amplifies sound. The term shall include multiple sources of sound.
   PERSON: A person, firm, association, partnership, joint venture, corporation or an entity, public or private in nature.
   RESIDENTIAL/AGRICULTURAL, COMMERCIAL OR INDUSTRIAL ZONES: Shall conform to the zone designations set forth in the city zoning codes.
   C.   Noise Measurement Procedures:
      1.   It is the intent of the city council to incorporate into this code noise portions of those standards of measurement hereinafter set forth, which will take into account the latest scientific advances in noise measurement and control while, at the same time, preserving the common sense and common law determination of what constitutes a disturbance or public nuisance. Therefore, sound level measurements, while universally desirable, shall not be required to demonstrate violation of this chapter, if other evidence or testimony establishes the creation of a disturbance or public nuisance.
      2.   It is the intention that each separate provision of this chapter shall be deemed independent of all other provisions therein, and if any provision of this chapter be declared to be invalid, all other provisions thereof shall remain valid and enforceable.
      3.   In no event shall the peak intensity of sound exceed a sound level in excess of the following limits, measured in decibels, using, unless otherwise mentioned, the "A" frequency weighing and the "slow" response characteristic of a sound level meter conforming in all respects to the American national standards institute (ANSI) standards 1.4-1071, as revised, for type 1 or type 2 instruments.
      4.   The microphone used to measure the intensity of a noise may be placed at any point on the property line (if the noise radiates into private property) or at any point fifty feet (50') distance from the noise source being measured and shall be at least five feet (5') from any wall and not less than three feet (3') above the ground. If it is not possible to measure five feet (5') from a wall, five (5) dB variance will be allowed. When measurements are made inside buildings or enclosures, readings may be obtained from any area to which persons may have access. The following limits refer to the largest reading obtained, using the above procedure.
   D.   Noise Limits 3 : Exceeding the following limits shall constitute violation of this chapter:
      1.   Continuous and intermittent noises described in subsection A1 of this section shall not exceed:
 
District
Day
Night 
Residential/agricultural
85 dBA
55 dBA
Commercial
85 dBA
65 dBA
Industrial
85 dBA
85 dBA
 
      2.   Continuous noises described in subsections A2 and A3 of this section shall not exceed:
 
District
Day
Night 
Residential/agricultural
65 dBA
55 dBA
Commercial
70 dBA
65 dBA
Industrial
75 dBA
75 dBA
 
      3.   Intermittent noises described in subsections A2 and A3 of this section shall not exceed:
 
District
Day
Night 
Residential/agricultural
70 dBA
60 dBA
Commercial
75 dBA
65 dBA
Industrial
80 dBA
70 dBA
 
      4.   Impulse noises described in subsections A1 through A3 of this section shall not exceed the following levels, measured on the "fast" response scale of the sound level meter:
 
District
Day
Night 
Residential/agricultural
75 dBA
60 dBA
Commercial
80 dBA
65 dBA
Industrial
85 dBA
85 dBA
 
      5.   It shall be unlawful to sustain in any place of public entertainment, including, but not limited to, sports arenas, restaurants, bars, cafes, discotheques or dance halls, any sound level measured with the "slow" response characteristic equal to or in excess of one hundred five (105) dBA at any time, (if the sound level exceeds 105 dBA at any time, a mandatory 10 minute sound break at a level below 85 dBA will be taken). The restriction contained in this subsection is in addition to any other applicable limits stated in this section.
      6.   The keeping of, upon any premises, owned, occupied or controlled by any person, any animal or fowl otherwise permitted to be kept which, by any sound or cry, shall cause annoyance or discomfort to a reasonable person of normal sensitivities.
   E.   Exemptions:
      1.   Sounds created by emergency activities or emergency vehicles, or sounds giving warning of emergencies shall be exempt from the provisions of this section.
      2.   Sounds created by parades, carnivals, special public social events, or special construction projects may be exempted from the noise provisions of this section. An exemption is granted by a permit from the mayor, which must be described in writing and shall describe:
         a.   The special nature of the exempted event;
         b.   The dBA limitation (maximum allowed); and
         c.   The time period for which the exemption is in force. The permit shall be for one event only. The mayor may impose reasonable conditions on the issuance of a permit as necessary to protect the public peace and welfare. The permit may be withdrawn if the provisions thereof are violated.
      3.   Sound created by the operation of properly muffled mechanized farm equipment (per manufacturer's original specifications), such as farm tractors, bailers, combines, high pressure sprayers, water pumps, etc., used in normal agricultural production activities, both day and night, in "residential/agricultural" zones of the city; also sound, normally of limited duration from agricultural based livestock production such as cattle, sheep, horses, pigs, fowl, etc. An example is short duration weaning of calves. Qualified agricultural land owners/producers may also seek exception and general protection for agricultural production, if approved as an agricultural preservation area under prevailing Utah County laws and regulations. (Ord. 97-20, 9-16-1997)
      4.   Violation of the noise provisions of this chapter, or of the conditions of an exemption permit shall be a class B misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. (Ord. 97-20, 9-16-1997; amd. 2003 Code)
   F.   Use Of Police At Large Parties Or Gatherings Requiring Second Response:
      1.   When a "public disturbance", as defined below, occurs, the person in charge of the premises and the person responsible for the event, or if either of those persons is a minor, then the parents or guardians of that minor, will be held jointly and severally liable for the cost of providing police personnel on special security assignment over and above the services normally provided by the department. The police personnel utilized during a second response to control a public disturbance, shall be deemed to be on special security assignment over and above the services normally provided. The costs of such special security assignment may include minor damages to city property and/or injuries to city personnel. The costs charged will not be in excess of five hundred dollars ($500.00) for a single incident. The city reserves its legal options to elect any other legal remedies.
      2.   A "public disturbance" shall exist when one or more persons:
         a.   Violate or participate or assist in any conduct which is part of the violation of any law, this code or other city ordinance;
         b.   Participate or assist in any conduct which unreasonably threatens or causes a violation of any law, this code or other city ordinance; or
         c.   Engage in any noncriminal conduct which, based on the standard of a reasonable man of normal sensitivity, disturbs or unreasonably threatens to disturb the public peace, health, safety or general welfare of persons in the vicinity of the conduct. (Ord. 97-20, 9-16-1997)
ARTICLE C.  OFFENSES AGAINST PUBLIC HEALTH AND SAFETY
SECTION:
5-2C-1: Barbed Wire Fences Prohibited; Nuisance Declared
5-2C-2: Moving Buildings
5-2C-3: Throwing Objects; Penalty
5-2C-4: Water Flowing On Streets; Penalty
5-2C-1: BARBED WIRE FENCES PROHIBITED; NUISANCE DECLARED:
It is unlawful for any person to erect or cause to be erected or to maintain any barbed wire fence along or adjacent to any public street within the city, and such fence so erected or maintained is declared to be a nuisance. (1990 Code § 9.16.010)
5-2C-2: MOVING BUILDINGS:
It is unlawful for any person to move any building transitting through the streets of the city without the permission of the director of public safety. (Ord. 97-6, 2-18-1997)
5-2C-3: THROWING OBJECTS; PENALTY:
Every person who shall wilfully or carelessly throw any stone, stick, snowball or other missile whereby any person shall be hit or any window broken or other property injured or destroyed, or in such manner as to render travel upon the public streets and places of the city dangerous, or in such manner as to frighten or annoy any traveler, is guilty of a class C misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. (1990 Code § 9.16.040; amd. 2003 Code)
5-2C-4: WATER FLOWING ON STREETS; PENALTY:
Every person who wilfully, carelessly or negligently obstructs, injures or floods any street or sidewalk by the flow or seepage of water, or who wilfully, carelessly or negligently permits water under his control to escape in any manner so as to obstruct, injure or flood any street or sidewalk, is guilty of a class C misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. (1990 Code § 9.16.050; amd. 2003 Code)
ARTICLE D.  OFFENSES INVOLVING SCHOOLS 4
SECTION:
5-2D-1: Designated
5-2D-2: Penalty
5-2D-1: DESIGNATED:
   A.   Preventing Orderly Conduct: It is unlawful for any person to annoy, disturb or otherwise prevent or attempt to prevent the orderly conducting of the activities, administration or classes of any elementary, junior high or high school located in the city.
   B.   Interference With Students Or Employees: It is unlawful for any person to annoy, disturb, assault or molest any student or employee of any elementary, junior high or high school located in the city while in or at such school or school building, or parking lot or any grounds thereof.
   C.   Loitering: It is unlawful for any person to loiter, idle, wander, stroll or play in, about or on any elementary, junior high or high school grounds or buildings located in the city, either on foot or in or on any vehicle, without having some lawful business thereon.
   D.   Obscene Speech Or Behavior: It is unlawful for any person to engage in any obscene speech, engage in any obscene behavior or to use fighting words in, about or at any school, or school grounds, located in the city.
   E.   Vehicle Usage: It is unlawful for any person to park or move a vehicle in the immediate vicinity of, or on the grounds of any elementary, junior high or high school in the city, for the purpose of annoying or molesting the students or employees thereof, or to induce, entice or invite students or employees into or on the vehicle for any unlawful purpose. (1990 Code § 9.24.010)
   F.   Alcoholic Beverages: It is unlawful for any person to possess or drink an alcoholic beverage inside or on the grounds of any building operated by a part of the public education system within the city or in those portions of any building, park or stadium within the city which are being used for an activity sponsored by or through any part of the public education system. Any person violating this subsection shall be guilty of a class B misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. (Ord. 97-6, 2-18-1997; amd. 2003 Code)
   G.   Dangerous Materials Prohibited; Exceptions:
      1.   It is unlawful for any person to possess a weapon, explosive, flammable material, or other material dangerous to persons or property in a public or private elementary or secondary school, on the grounds of the school, or in those parts of a building, park or stadium which are being used for an activity sponsored by or through the school. A violation of this section is a class B misdemeanor unless a higher penalty is prescribed in the criminal code, Utah Code Annotated title 76.
      2.   Subsection G1 of this section does not apply when possession of the dangerous materials described therein is approved by the responsible school administrator or when the item or material is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the person responsible for its possession or use. (Ord. 97-6, 2-18-1997)
   H.   Criminal Trespass: A person is guilty of criminal trespass upon school property if the person enters or remains unlawfully upon school property and intends to cause annoyance or injury to a person or damage to property on the school property, or if the person intends to commit a crime, or is reckless as to whether the person's presence will cause fear for the safety of another. A person is also guilty of criminal trespass upon school property if the person enters or remains without authorization upon school property if notice against entry or remaining has been given by the posting of signs reasonably likely to come to the attention of trespassers, by fencing or other enclosure obviously designed to exclude trespassers, by a current order of suspension or expulsion, or by personal communication to the person by a school official or an individual with apparent authority to act for a school official. Any person violating this section is guilty of a class C misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. (Ord. 97-6, 2-18-1997; amd. 2003 Code)
5-2D-2: PENALTY:
Unless otherwise specified in this chapter, any person violating any provision of this article shall be guilty of a class B misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. (1990 Code § 9.24.020; amd. 2003 Code)
ARTICLE E.  CONTROLLED SUBSTANCES; DRUG PARAPHERNALIA
SECTION:
5-2E-1: Controlled Substances Act Adopted
5-2E-2: Drug Paraphernalia Act Adopted
5-2E-3: Imitation Controlled Substances Act Adopted
5-2E-1: CONTROLLED SUBSTANCES ACT ADOPTED:
The "Utah controlled substances act", as contained in chapter 37 of title 58, Utah Code Annotated, 1953 as amended, is hereby adopted and incorporated as part of the ordinances of the city of Pleasant Grove. Where a citation, information, or complaint is issued under chapter 37 of title 58, Utah Code Annotated, 1953 as amended, as adopted herein, it shall be sufficient to use the section number of the Utah code to designate the section number of the city code which has been violated. Those portions of the controlled substances act, as adopted herein, referring to or dealing with felonies which are not subject to enforcement by the city of Pleasant Grove, or punishments associated with felonies which are not subject to enforcement by the city of Pleasant Grove, are not part of the adopted code of the city of Pleasant Grove. (Ord. 2011-26, 10-18-2011)
5-2E-2: DRUG PARAPHERNALIA ACT ADOPTED:
The "Utah drug paraphernalia act", as contained in chapter 37a of title 58, Utah Code Annotated, 1953 as amended, is hereby adopted and incorporated as part of the ordinances of the city of Pleasant Grove. Where a citation, information, or complaint is issued under chapter 37a of title 58, Utah Code Annotated, 1953 as amended, as adopted herein, it shall be sufficient to use the section number of the Utah code to designate the section number of the city code which has been violated. Those portions of the drug paraphernalia act, as adopted herein, referring to or dealing with felonies which are not subject to enforcement by the city of Pleasant Grove, or punishments associated with felonies which are not subject to enforcement by the city of Pleasant Grove, are not part of the adopted code of the city of Pleasant Grove. (Ord. 2011-26, 10-18-2011)
5-2E-3: IMITATION CONTROLLED SUBSTANCES ACT ADOPTED:
The "Utah imitation controlled substances act", as contained in chapter 37b of title 58, Utah Code Annotated, 1953 as amended, is hereby adopted and incorporated as part of the ordinances of the city of Pleasant Grove. Where a citation, information, or complaint is issued under chapter 37b of title 58, Utah Code Annotated, 1953 as amended, as adopted herein, it shall be sufficient to use the section number of the Utah code to designate the section number of the city code which has been violated. Those portions of the imitation controlled substances act, as adopted herein, referring to or dealing with felonies which are not subject to enforcement by the city of Pleasant Grove, or punishments associated with felonies which are not subject to enforcement by the city of Pleasant Grove, are not part of the adopted code of the city of Pleasant Grove. (Ord. 2011-26, 10-18-2011)

 

Notes

1
1. See also section 3-13-5 and subsection 3-13-22M of this code.
2
1. See also section 7-2-12 of this code for noise control in public parks.
3
1. See also subsections 10-14-13D and 10-15-29K of this code.
4
1. See also section 6-2-10 of this code for high school traffic rules.