ORDINANCE NO. 981

PREAMBLE

   WHEREAS, the Snyderville Basin Special Recreation District (“District”) provides for non-motorized trails within the Snyderville Basin Trail System; and,

WHEREAS, with the emergence of Electric Assisted Bicycles, as defined in Utah Code §41-6a-102, which are a novel classification of transportation devices, there is a need to regulate their use within the Snyderville Basin Trail System; and,

   WHEREAS, Park City Municipal Corporation and the District have completed a community survey to evaluate the use of Electric Assisted Bicycles on trails and pathways, the results of which were shared with the District’s staff and Administrative Control Board; and,

   WHEREAS, based upon input from the District, the County Council finds that it is in the best interests of the residents of Summit County to provide clear and concise regulations governing the use of Electric Assisted Bicycles within the Snyderville Basin Trail System;

   NOW, THEREFORE, the County Council of the County of Summit, State of Utah, ordains as follows:

Section 1.   Amendment. Snyderville Basin Parks and Recreational Facilities, Title 7, Chapter 5, of the Summit County Code, is amended in accordance with Exhibit A herein.

Section 2.   Effective Date. This Ordinance shall take effect 15 days after approval and upon publication in accordance with law.

   Enacted this 10th day of July, 2024.

ATTEST:               Summit County Council

Eve Furse                  __________________________

Summit County Clerk               Malena Stevens, Chair

APPROVED AS TO FORM:

__________________________

David L. Thomas

Chief Civil Deputy

VOTING OF COUNTY COUNCIL:

Councilmember Armstrong   Aye

Councilmember Robinson   Aye

Councilmember Stevens   Aye

Councilmember Harte      Aye

Councilmember Hanson   Absent

EXHIBIT A

Chapter 5
SNYDERVILLE BASIN PARKS AND RECREATIONAL FACILITIES1

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30027

7-5-1: PURPOSE:

7-5-2: DEFINITIONS:

7-5-3: APPLICABILITY:

7-5-4: RULES, REGULATIONS AND REQUIREMENTS:

7-5-5: CONTROL OF PARKS AND RECREATIONAL FACILITIES:

7-5-6: VIOLATION; EVICTION:

7-5-7: PENALTY:

7-5-1: PURPOSE:

This chapter shall be for the purpose of encouragement and development of activity and proficiency in music, arts, drama, handicraft, science, literature, nature study, nature contracting, aquatic sports, athletics or other suitable recreational activities and permit informal play incorporating such activities therein within the Snyderville Basin, as defined by the Snyderville Basin development code and other applicable ordinances. (Ord. 710, 12-17-2008, eff. 1-1-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30027#s439916

7-5-2: DEFINITIONS:

As used in this chapter:

ELECTRIC ASSISTED BICYCLE: a bicycle with an electric motor that:

a.   has a power output of not more than 750 watts;

b.   has fully operable pedals;

c.   has permanently affixed cranks that were installed at the time of the original manufacture;

d.   is fully operable as a bicycle without the use of the electric motor; and

e.   is one of the following:

1.   a class 1 electric assisted bicycle;

2.   a class 2 electric assisted bicycle;

3.   a class 3 electric assisted bicycle; or

4.   a programmable electric assisted bicycle.

f.   “Electric assisted bicycle” does not include:

1.   a moped;

2.   a motor assisted scooter;

3.   a motorcycle;

4.   a motor-driven cycle; or

5.   any other vehicle with less than four wheels that is designed, manufactured, intended, or advertised by the seller to have any of the following capabilities or features, or that is modified to have any of the following capabilities or features:

i.   has the ability to attain the speed of 20 miles per hour or greater on motor power alone;

ii.   is equipped with a continuous rated motor power of 750 watts or greater;

iii.   is equipped with foot pegs for the operator at the time of manufacture, or requires installation of a pedal kit to have operable pedals; or

iv.   if equipped with multiple operating modes and a throttle, has one or more modes that exceed 20 miles per hour on motor alone.

MULTIPURPOSE CENTER: Those buildings and surrounding areas owned by the county or its special districts where recreation activities, daycare, health services and other beneficial services and activities are provided by the county or its special districts, that are designated as multipurpose centers.

MULTI-USE PATHWAY: A way or path no less than eight (8’) feet in width that has a paved surface of concrete, asphalt or compacted gravel that is used for transportation and recreation and is separated from the roadway by an open space, a curb or other barrier.

NATURAL SURFACE TRAIL: A way or route with a surface other than concrete or asphalt (and generally single-track), which serves the primary purpose of passive recreational uses, such as hiking, mountain biking, snowshoeing, cross-country skiing and equestrian activities.

PARK: An enclosed piece of ground, either within the county or that is under the control of the county or its special districts, that is operated and maintained by the county or its special districts and is set apart for the use of the general public, whether developed or under developed, and that is usually, or may be, planted with trees, lawns and other shrubbery. A park may include within its boundary facilities for sports, entertainment, dancing, recreation, swimming, trails, or a park may be planned for such future use. A park may consist solely of a single purpose facility, either actual or proposed, such as a golf course, an equestrian park, open air theater, etc.

POWER DRIVEN MOBILITY DEVICE: Any mobility device powered by batteries, fuel, or other engines, that is used by individuals with mobility disabilities for the purpose of locomotion, including electric personal assistive mobility devices, electric-assisted bicycles, electric-powered foot scooters, tracked mobility chairs or tricycles that are designed to transport a single individual with a disability.

RECREATION: Refreshment of strength and spirit through leisure activity for the purpose of physical and mental improvement through training and education creating a richer and fuller life through increased accomplishment in physical, aesthetic and educational pursuits.

RECREATIONAL FACILITY OR FACILITIES: Parks, recreation areas, trails and multipurpose centers belonging to and/or under the control of the county or its special districts.

SUPERVISORY AUTHORITY: The county manager or appropriate special district board exercising supervisory and managerial authority, on behalf of the county or its special districts, over the public recreational facilities or park. (Ord. 710, 12-17-2008, eff. 1-1-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30027#s439917

7-5-3: APPLICABILITY:

This chapter shall apply to all publicly dedicated parks and open spaces, trails, multipurpose centers, and recreational facilities within the unincorporated county. (Ord. 710, 12-17-2008, eff. 1-1-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30027#s439918

7-5-4: RULES, REGULATIONS AND REQUIREMENTS:

A.    Hours Of Use: The hours of use for the recreational facilities and parks shall be set by the supervisory authority consistent with the optimum use of the recreational facilities or parks. No person shall be permitted in recreational facilities or parks, either on foot or in any type of vehicle or conveyance during the hours prohibited, unless it shall be for the express purpose of traveling directly through a park on a public street.

B.    Motor Vehicle Restrictions:

1.   It is unlawful to operate or drive any motor vehicle within any park at a speed in excess of that speed posted on the particular road, trail or pathway within the park.

2.   No motor vehicles may be driven within a park, other than in those areas specifically designated and posted for that particular purpose. This shall not apply, however, to motorized or self-propelled equipment used within the park, by park officers or employees for transportation or that is used for maintenance and service of the recreational facilities or park. Emergency vehicles are also exempted from this provision.

3.   Motor vehicles shall include, but shall not be limited to, such vehicles as automobiles, trucks, tote goats, motorcycles, motor bikes, snowmobiles, ATVs, and any and all other self-propelled mechanical vehicles (excepting Electric Assisted Bicycles and Power Driven Mobility Devices). No motor vehicle, even though operated within the speed permitted and in or on the places provided for such vehicles, shall be operated in a careless or reckless manner within the park.

C.    Business Vehicles: No person shall drive or have any dray, truck, wagon, cart, perambulator, motor vehicle, or other traffic vehicle, carrying or being regularly used or employed in carrying goods, merchandise, lumber, machinery, oil, manure, dirt, sand, soil, any article of trade or commerce, or any offensive article or material whatsoever upon any road or drive in a park, except as may be specifically provided or designated for such use.

D.    Bicycles

1.   Bicycles may be operated and used anywhere within a park across grassy surfaces or any place where their use will not damage the recreational facilities, plants or decoration of the park, except in areas where bicycles are expressly prohibited by appropriate signage. Bicycles shall not be operated in a careless or reckless manner.

2.   It is unlawful to operate or drive a Bicycle at a speed in excess of 15 miles per hour on any Multi-Use Pathway.

E. Electric Assisted Bicycles:

   1.   Electric Assisted Bicycles are permitted on all Multi-Use Pathways.

   2.   Electric Assisted Bicycles are prohibited on all Natural Surface Trails and sidewalks with the following exception:

i)   This prohibition shall not apply on Natural Surface Trails when Class I electric assisted bicycles are operated by persons age 65 or older.

3.   It is unlawful for any individual to exceed a speed in excess of 15 miles per hour on any Multi-Use Pathway.

4.   It shall be lawful to operate a Power Driven Mobility Device on any Multi-Use Pathway, Natural Surface Trail or sidewalk.

F. Snowmobiles Permitted In Certain Areas: Snowmobiles may be permitted to drive within a park, but only at places which have been specifically designated for such use by appropriate signage, when the weather conditions would permit their operation without damage to the plants, shrubbery or other recreational facilities.

G.   Paths, Trails And Roads: When a trail, path or road within a park is designated for any specific purpose or purposes by appropriate signage, such as an equestrian trail, bicycle path or other use, then such trail may only be used for the specific purposes designated or for incidental uses in connection therewith that are necessary to accomplish the use permitted, and any person using it for other purposes shall be deemed to have committed a class B misdemeanor.

H.   Animals Prohibited; Exceptions:

1.   Except as provided in this provision, no person shall lead or let loose any of the bovine species, any horse, mule, goat, sheep, swine, dog or cat, at any time within a park.

2.   This provision shall not prohibit the use of public lands by individuals who historically use those lands for the purpose of raising livestock. This exclusion shall include, but shall not be limited to, cattle and sheep ranching.

3.   This provision shall not prohibit horses that may be led, driven or ridden on equestrian trails or in equestrian parks.

4.   This provision shall not prohibit the walking of dogs, licensed in accordance with state and county laws, in public parks so long as the dog is leashed or under the control of the owner, and the owner takes responsibility for cleanup of any damage done by the dog, to include dog feces.

5.   The supervisory authority may designate on a case by case basis those times where the provisions of this section shall be suspended for a special event.

I.    Animal Control: No person shall ride or drive any horse or animal, permitted within the park in accordance with subsection H, which is not well broken or under the control of the driver or rider.

J.    Tethering Animal To Tree Or Structure Prohibited: No person within a park shall hitch or fasten any horse or other animal to any tree or any other place or structure not especially designated and provided for such purpose.

K. Interference With Animals Or Fowl Prohibited: No person shall annoy, injure, release from confinement, or in any manner interfere with any swan, duck, goose, bird or any other animal in a park.

L.   Hunting And Fishing: No person shall hunt or fish in any park or public grounds unless there are special facilities set aside for that purpose and then only in accordance with the rules set forth.

M.   Swimming Or Wading: No person within a park shall swim, bathe or wade in the water of any fountain, pond, lake or stream not set aside for the purpose of swimming, bathing or wading, nor shall any person pollute the water of any fountain, pond, lake or stream.

N.Separate Restroom Facilities: No person over six (6) years of age shall enter or use any water closet designed for members of the opposite sex at a recreational facility or park.

O.Concession Stands: Before any concessions shall be permitted in a recreational facility or park, a license or permit shall be procured through the supervisory authority.

P.Distribution Of Advertising Material: No person shall distribute any handbills or circulars, or post, place or erect any bills, notice, paper or advertising device or matter of any kind on or at a recreational facility or park, except such advertising as may be authorized in writing by the supervisory authority, or materials pertaining to uses, program notifications, schedules, competition results, or other documents deemed appropriate by the supervisory authority.

Q.Games Restricted To Designated Areas: No person shall engage in any play or game within the park except in such place as shall be specifically set apart for that particular purpose.

R.Camping Restricted To Designated Areas: No person shall camp or lodge in any park or playground, except in places specifically designated and set apart for that purpose.

S.   Littering Prohibited: No person shall throw or deposit any bottles, tin, tin cans, broken glass, nails, tacks, crockery, wire, paper, clothes, scrap or sheet iron, boxes, boards, lumber, stone, grass clippings, rubbish or garbage on the property of a recreational facility or park, except in receptacles set out for that purpose.

T.   Fires; Permit Required; Designated Area: No person shall make or kindle a fire within a park for any purpose unless such person receives approval through an appropriate government authority and authorization from the supervisory authority to use a designated area that has a fireplace or other facility specifically designed and set apart for that purpose.

U.   Firearms And Explosives Prohibited; Exceptions: No person within a park shall carry or discharge any firearms, firecrackers, rockets, torpedoes, powder, or any other fireworks or explosives, except persons who have obtained a special permit from the supervisory authority: 1) to put on a fireworks show, in which event the person conducting the display shall be trained in fireworks pyrotechnics; or 2) to operate a special event involving firearms. This prohibition is inapplicable to law enforcement personnel while they are engaged in the execution of their official duties.

V.   Disobeying Signs: Any person in a recreation facility or park who violates the provisions and instructions on any sign or rule of the recreation facility or park is guilty of a class B misdemeanor.

W.Noise Restrictions2: No person may play or cause to be played amplified sound or music in a park without prior written approval by the supervisory authority of the park. Such permission may be denied where it is the reasonable belief of the supervisory authority that such sound or music would have the propensity to disturb the peaceful enjoyment of the park by other members of the public or annoy residents neighboring the park. The granting of permission does not exempt anyone from county ordinances or the rules and regulations of the county health department regarding noise emissions.

X.Boisterous Conduct Prohibited: No person shall engage in fighting or indulge in riotous, boisterous, threatening or indecent conduct or use any abusive, threatening, profane or indecent language while on or at a recreational facility or park.

Y.   Illegal Drugs Prohibited: No person shall possess or use any illegal drugs within a recreational facility or park.

Z.   Alcohol; Permit Required: No person shall possess or use any alcoholic beverages within a recreational facility or park except as allowed by a permit issued by Summit County.

AA.Smoking Prohibited: Due to the fire hazard with which it creates, no smoking shall be allowed within the confines of a recreational facility or park, except in specially designated areas.

BB.Unauthorized Assembly3: No person shall conduct or carry on any celebration, parade, service or speech making in a park without first obtaining permission from the supervisory authority.

CC.Defacing Or Destruction Of Property: No person shall cut, break, remove, injure, deface, destroy or disturb any wood, turf, grass, soil, sand, gravel, tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property, or pluck, pull up, cut, take or remove any shrub, bush, plant, flower, or mark or write upon any building, monument, fence, bench or other structure of a recreational facility or park. (Ord. 710, 12-17-2008, eff. 1-1-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30027#s439919

7-5-5: CONTROL OF PARKS AND RECREATIONAL FACILITIES:

The appropriate supervisory authority shall establish rules and regulations of all recreational facilities and parks. (Ord. 710, 12-17-2008, eff. 1-1-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30027#s439920

7-5-6: VIOLATION; EVICTION:

Any person violating any of the ordinances, instructions, signs or rules established by the supervisory authority may be forthwith evicted from the recreational facility or park by any employee who has been given the authority to order such eviction, and any person who fails or refuses to leave upon the order of authorized personnel shall be guilty of a class B misdemeanor. (Ord. 710, 12-17-2008, eff. 1-1-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30027#s439921

7-5-7: PENALTY:

Any person violating any of the restrictions, rules or prohibitions as set forth in this chapter 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. 710, 12-17-2008, eff. 1-1-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30027#s439922

Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See title 10 of this code for Snyderville Basin development code.
Footnote 2: See also title 5, chapter 3 of this code.
Footnote 3: See also title 3, chapter 4 of this code for provisions relative to large public assemblies.