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Chapter 9.32
Miscellaneous Traffic Provisions.

9.32.010.    Bicycle License Required.

9.32.020.    Riding a Bicycle, Skateboard or Roller Skates on the Sidewalk.

9.32.030.    Funeral Processions to Have Right-of-Way.

9.32.040.    Procession Identification - Escort Service.

9.32.050.    Parking Between Curb and Sidewalk.

9.32.060.    Application of Truck Regulations.

9.32.070.    Truck Routes.

9.32.080.    Flammable Liquid, Explosive and Corrosive Carriers.

9.32.090.    Parking of Trucks.

9.32.110.    Clinging to Vehicles.

9.32.120.    Designation, Marking and Enforcement of "No Parking" Provisions in Fire Access Lanes.

9.32.130.    Authority to Close Streets for Public or Semi public Purposes.

9.32.140.    Towing and Parking Enforcement Operations. (Ren 2013-46)

9.32.160.    Duty to Keep Proper Lookout.

9.32.170.    Riding Skateboards, Roller Skates or Bicycles.

9.32.180.    Motor Vehicle Emissions Tests Required.

9.32.190.    Accident Reports - Disclosure.

9.32.200.    Unlawful Transfer on a Roadway.

 

9.32.010. Bicycle License Required.

No person shall ride or propel any bicycle on any public place unless and until such cycle shall have been licensed. The fee for a bicycle license shall be as shown on the Consolidated Fee Schedule adopted by the Municipal Council. The bicycle license fee may be waived by a Provo police officer conducting bicycle education (a "bicycle rodeo") at a school. The Police Department may authorize bicycle dealers to license bicycles and bicycle dealers may retain fifty percent (50%) of the bicycle licensing fee for providing this service. This license shall remain in effect until the bicycle is sold or otherwise transferred to a new owner. (Am 1986-30, Am 1994-97, Am 2006-15)

9.32.020. Riding a Bicycle, Skateboard or Roller Skates on the Sidewalk.

(1) No person shall ride a bicycle, skateboard or roller skates upon a sidewalk contiguous to University Avenue between 400 North Street and 100 South Street, and on a sidewalk contiguous to Center Street between 100 East Street and 500 West Street.

(2) The City Traffic Engineer is authorized to erect signs on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person and when such signs are in place no person shall disobey the same.

(3) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. (Am 1987-58)

9.32.030. Funeral Processions to Have Right-of-Way.

Vehicles in a funeral or other authorized procession shall proceed in single file as near to the right-hand edge of the roadway as practicable and shall follow not more than thirty (30) feet behind the next preceding vehicle in this procession at a speed not to exceed thirty (30) miles an hour but within the speed limit whichever speed is lesser. When accompanied by an adequate police escort or authorized escort service operated in compliance with this Chapter, motor vehicles in an authorized procession may proceed past red lights, stop signs or other control devices as necessary to maintain proper procession continuity. If no authorized escort is present, vehicles may not proceed as a procession but must obey all traffic regulations and control devices.

9.32.040. Procession Identification - Escort Service.

(1) Drivers of vehicles participating in an authorized procession shall be allowed the right-of-way set forth above only when the procession is identified as follows:

(a) When the procession is under the direction of either a police escort or an approved escort service as defined below;

(b) When the first three (3) vehicles in the procession display, on the outside of each vehicle, a pennant or flag approved by the Chief of Police; and

(c) When the vehicles are displaying illuminated headlights and maintain continuity by proceeding not more than thirty (30) feet behind the next preceding vehicle.

(2) Drivers in a funeral procession shall at all times yield right-of-way to authorized emergency vehicles irrespective of any other provision of this Chapter.

(3) For purposes of this Chapter, "an authorized police escort" or "escort service" shall mean a police vehicle or commercial escort service when the latter is bonded by and approved by the Police Department and when the driver of the commercial vehicle is certified by the police officers’ standards and training, department of public safety as a peace officer or when the driver is equally qualified as determined by the Chief of Police. Such escort shall be authorized to accompany the funeral processions and have a right-of-way irrespective of conflicting traffic control devices when and only when the said escort shall consist of at least one (1) escort vehicle identified by one (1) or more flashing yellow and/or red lights on the top of said vehicle with at least two (2) escort vehicles if the funeral procession includes more than twenty-five (25) vehicles not counting the escort vehicles.

9.32.050. Parking Between Curb and Sidewalk.

It shall be unlawful for any person to leave or cause to be left or parked, any vehicle upon any portion of the street or highway between the curb line or if there is no curb line between the lateral line of the roadway and the adjacent sidewalk or property line, if no sidewalk is present. (Am 1993-68, Am 2000-21, Am 2002-40, Am 2002-51)

9.32.060. Application of Truck Regulations.

It is hereby declared necessary in order to safely move traffic in and out and throughout the City, to regulate the movement and parking of large vehicles and vehicles with dangerous loads. These regulations shall apply to all trucks licensed or actually used for gross weight in excess of eighteen thousand (18,000) pounds and/or other trucks rated for one and one-half (1 1/2) tons or larger under standard practices of the State of Utah, and for all explosive and corrosive carriers and flammable liquid carriers capable of carrying in excess of three thousand (3,000) gallons or licensed for a gross weight in excess of nine thousand (9,000) pounds.

9.32.070. Truck Routes.

(1) The following streets are hereby designated as truck routes, and the truck route designations are exclusive. Any large vehicle or truck as herein defined shall use only those routes specified herein or additional temporary routes as shall be established by the Chief of Police, either by written permission upon application to deviate from the truck route, or by the posting of temporary road signs during the period of temporary or alternate truck routing. Any vehicle driven on any other streets than those herein designated, which is controlled by these regulations, shall be deemed in violation of this Chapter and the driver thereof shall be guilty of a misdemeanor as defined under the traffic sections of the Provo City Code. The following are designated truck routes:

(a) U.S. Highway 91 via South State Street, 300 South Street, 500 West Street and North State Street.

(b) U.S. Highway 189 from the north City limits to 1230 North Street.

(c) 1230 North Street from University Avenue (U.S. 189) to 500 West Street.

(d) Center Street from 500 West Street west to Geneva Road (2050 West) and along Geneva Road north to the City limits.

(e) Interstate 15, including all exits from 115 to their juncture with the closest designated truck route.

(f) Other streets as designated by express written permission of the Fire Chief and Police Chief, subject to such necessary regulations as are set forth in the written permission in order to accommodate necessary deviation of truck traffic from designated truck routes.

(2) The above truck routes shall not apply to trucks delivering merchandise to or from local businesses or established truck terminals, or to residences, or to construction trucks delivering to or returning from construction sites where it is not possible to use a designated truck route.

9.32.080. Flammable Liquid, Explosive and Corrosive Carriers.

All flammable liquid, explosive and corrosive carriers shall be deemed under the traffic sections of the Provo City Code responsible to obey all requirements set forth in the applicable fire code, the same as are adopted as a part of the City traffic code and are herein enforceable. (Am 2006-08)

9.32.090. Parking of Trucks.

(1) No truck or truck trailer with a rated capacity of one and one-half (1 1/2) tons or more, or licensed for more than eighteen thousand (18,000) pounds gross, shall be allowed to be parked on the public streets in a residential area for a period of time in excess of two (2) hours except while actually loading or unloading merchandise. In no event shall it remain parked for longer than eight (8) hours.

(2) Except as in Subsection (1) of this Section, no truck with a rated capacity of one and one half (1 1/2) tons or more, or licensed for in excess of eighteen thousand (18,000) pounds gross weight shall be parked on any public street closer than thirty (30) feet to the entrance or exit or intersection with any private driveway, private street, alley or public street.

(3) For purposes of this Section a truck shall be deemed parked, even though the motor is running, if the vehicle is left standing for any period in excess of three (3) minutes when the same is not attended by a driver lawfully authorized to drive the said vehicle (except when unloading or loading as provided in Subsection (1) of this Section).

9.32.110. Clinging to Vehicles.

No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall hold or attach the same or himself or herself to any streetcar or vehicle upon a roadway. (Am 2006-49)

9.32.120. Designation, Marking and Enforcement of "No Parking" Provisions in Fire Access Lanes.

(1) Designation of fire lanes. The Chief of the Fire Department and the Chief’s designees are hereby authorized to designate as fire access lanes any easement, public right-of-way, alley or portion of a designated vehicle access way or parking lot when the same is necessary to provide adequate access for firefighting vehicles to reach any improved property when the same are remote from public streets, fire hydrants, fire department water connections or fire protection systems when the lack of proximity would constitute a fire hazard or encumber the fire department’s ability to find immediate access to such improved property. Such designated fire access lanes shall consist of an all-weather driving surface of not less than twenty (20) feet of unobstructed width and with adequate roadway turning radius for any dead-end right-of-way capable of supporting the imposed load of fire apparatus and having a minimum head clearance of thirteen (13) feet six (6) inches. In the event that the fire access lane does not have both ingress and egress to an adjacent public street, it shall be provided with a turn-around having a circle of not less than eighty-five (85) feet in diameter. Dead-end streets with less than one hundred fifty (150) feet in length will not be required to have the turnaround provided.

(2) Designated fire apparatus access lanes shall be designated by street signs approved by the Fire Department, which signs shall bear the legend "Fire Lane - No Parking," or other appropriate notice. Such signs shall be installed not more than fifty (50) feet apart. Designated fire lanes may consist either of dedicated public rights-of-way, rights-of-way established by prescriptive use or rights-of-way established pursuant to and with the written approval of property owners and rights-of-way as required by the Uniform Fire Code.

(3) It shall be unlawful for any motor vehicle to be left unattended or parked within the area of a designated fire lane. Any such vehicle is hereby declared to be a nuisance and may be removed at the direction of any police officer or fire officer. Unlawful parking shall be punished under this Section in the same manner as other parking violations.

9.32.130. Authority to Close Streets for Public or Semi public Purposes.

The Police Chief after consultation with the traffic engineer and the Fire Chief shall for public or semi public purposes have authority to close or restrict the use of any public street by vehicular or pedestrian traffic for any period not to exceed twenty-four (24) hours. For periods longer than twenty-four (24) hours, closure or restriction shall require approval by the Mayor or CAO, instead of the Police Chief, after consultation with the Police Chief, engineer and Fire Chief, and in either case shall be in writing and shall be effective only according to the terms stated therein. This Section shall not be construed in derogation of other general administrative powers of the City to control use of City streets.

9.32.140. Towing and Parking Enforcement Operations.

Renumbered as Section 9.31.110, Provo City Code. (Am 1987-58, 1997-64, Am 1998-63, Am 2001-37, Am 2005-10, Am 2005-22, Am 2006-01, Am 2009-22, Am 2009-31, Am 2013-39, Ren 2013-46)

9.32.160. Duty to Keep Proper Lookout.

No person shall drive a vehicle on the public streets without keeping a reasonable and proper lookout for other traffic, objects, fixtures or property thereon or adjacent thereto. (Enacted 1987-58)

9.32.170. Riding Skateboards, Roller Skates or Bicycles.

(1) It shall be unlawful to ride or use a skateboard, roller-skates, roller-blades, or similar device on a public street or sidewalk after dark unless the user is equipped with reflective material of sufficient size and reflectivity to be visible from both sides for five hundred (500) feet when directly in front of lawful lower beams of head lamps on a motor vehicle, or in lieu of reflective material, with a lighted lamp visible from both sides from a distance of at least five hundred (500) feet. "After dark" shall mean one-half (1/2) hour after sunset.

(2) It shall be unlawful to ride or use a bicycle, skateboard, roller-skates, roller-blades, or similar device on the sidewalks, steps, or ramps adjacent to the Provo City Library.

(3) It shall be unlawful to use a skateboard, roller-skates, roller-blades, or similar device on private property or school property if the property owner has posted signs on the property prohibiting such conduct. Such signs shall be of reasonable size and number, and shall give notice that use of a skateboard, roller-skates, roller-blades, or similar device on the property is prohibited by this Section of the Provo City Code. (Am 1989-62, Am 1999-09, Am 1999-11)

9.32.180. Motor Vehicle Emissions Tests Required.

(1) It shall be unlawful, and a class C misdemeanor, for the owner or operator of a motor vehicle which has not passed an annual state or county motor vehicle emission inspection maintenance test, established pursuant to United States Environmental Protection Agency air quality regulations, within the last year, to operate or permit another to operate the motor vehicle within the municipal limits of Provo City for an aggregate total of more than sixty (60) days per any calendar year without obtaining a Utah County Vehicle Emission Inspection Maintenance Program test certificate valid for the date the motor vehicle is being operated within the municipal limits of Provo City.

(2) For purposes of this Section, any motor vehicle expressly exempt from obtaining a vehicle emission inspection maintenance test under the Utah County Vehicle Emission Inspection Maintenance Program because of the vehicle’s use, engine type, or age, etc., shall also be exempt from the requirements of this Section.

(3) Upon request of a Provo City police officer, the operator of a motor vehicle shall provide evidence: (a) that the vehicle has passed a vehicle inspection maintenance test in compliance with the requirements of Subsection (1) of this Section; (b) is exempt pursuant to Subsection (2) of this Section; or (c) is not being operated in Provo City for an aggregate total of more than sixty (60) days per any calendar year. Failure to provide such evidence shall constitute a prima facie case that the operator is in violation of this Section, however, a charge brought pursuant to this Section shall be dismissed by the court if a person charged with violating this Section provides the court with proof of compliance with this Section.

(4) The evidence of compliance required by Subsection (3) of this Section may include, but shall not be limited to, a current emission test certificate or motor vehicle registration indicating the vehicle is in compliance with a state or county motor vehicle emission inspection maintenance program established pursuant to United States Environmental Protection Agency air quality regulations, evidence that shows that due to the age of the vehicle, its type of engine, etc., that the vehicle is exempt from obtaining a vehicle emission inspection maintenance test under the Utah County Vehicle Emission Inspection Maintenance Program, or evidence that the vehicle is registered in another county or state and is not being operated in Provo for more than an aggregate total of more than sixty (60) days each calendar year. (Enacted 1994-106)

9.32.190. Accident Reports - Disclosure.

(1) As used in this Section, "agent" means a person’s:

(a) Attorney;

(b) Insurer; or

(c) Any other individual or entity with signed permission from the person to receive the person’s accident report.

(2) As used in this Section, "department" means the Provo City Police Department.

(3) Except as provided in Subsection (4) of this Section, all accident reports required in this Section to be filed with the department:

(a) Are without prejudice to the reporting individual;

(b) Are protected and for the confidential use of the department or other state, local, or federal agencies having use for the records for official governmental statistical, investigative, and accident prevention purposes; and

(c) May be disclosed only in a statistical form that protects the privacy of any person involved in the accident.

(4) (a) The department shall disclose an accident report and its accompanying data to:

(i) A person involved in the accident, excluding a witness to the accident;

(ii) A person suffering loss or injury in the accident;

(iii) An agent, parent, or legal guardian of a person described in Subsections (4)(a)(i) and (ii) of this Section;

(iv) A member of the press or broadcast news media;

(v) A state, local, or federal agency that uses the records for official governmental, investigative, or accident prevention purposes;

(vi) Law enforcement personnel when acting in their official governmental capacity; and

(vii) A licensed private investigator.

(b) In accordance with Subsection (4)(a) of this Section, the department shall disclose whether any person or vehicle involved in an accident reported under this Section was covered by a vehicle insurance policy, and the name of the insurer.

(c) Information provided to a member of the press or broadcast news media under Subsection (4)(a)(iv) of this Section may only include:

(i) The name, age, sex, and City of residence of each person involved in the accident;

(ii) The make and model year of each vehicle involved in the accident;

(iii) Whether or not each person involved in the accident was covered by a vehicle insurance policy;

(iv) The location of the accident; and

(v) A description of the accident that excludes personal identifying information not listed in Subsection (4)(c)(i) of this Section.

(5) (a) Except as provided in Subsection (5)(b) of this Section, accident reports filed under this Section may not be used as evidence in any civil or criminal trial arising out of an accident.

(b) Upon demand of any party to the trial or upon demand of any court, the department shall furnish a certificate showing that a specified accident report has or has not been made to the department in compliance with law. If the report has been made, the certificate furnished by the department shall show the date, time, and location of the accident, the names and addresses of the drivers, the owners of the vehicles involved, and the investigating officers. The reports may be used as evidence when necessary to prosecute charges filed in connection with a violation of Subsection (6) of this Section.

(6) A person who gives information in reports as required in this Chapter knowing or having reason to believe that the information is false is guilty of a class A misdemeanor. (Enacted 2003-02)

9.32.200. Unlawful Transfer on a Roadway.

(1) It is the intent of this Section to enhance the safety of pedestrians and motor vehicle occupants on public roadways and public parking lots within Provo City limits; to assure the free, orderly, and undisrupted movement of motor vehicles on public roadways within Provo City municipal limits; and to ensure that transactions between pedestrians and motorists within Provo City limits are undertaken in an orderly manner and do not create motorist frustration, annoyance or hostility. This Section is intended to apply evenhandedly to all persons who engage in the activities proscribed regardless of their intent or any message they may be attempting to communicate incidental to the proscribed activity.

(2) For purposes of this Section, the following definitions shall apply:

(a) "Roadway" means the travel portion of: (i) streets and parking areas within the boundary of the pedestrian mall designated by Section 9.30.010, Provo City Code, Center Street Mall; (ii) highways owned and maintained by the State of Utah or Utah County; and (iii) Provo City streets designated as collector or arterial streets.

(b) "Legally parked" means a vehicle that is standing, stopped, or otherwise appropriately parked in an area designed or legally authorized for parking.

(3) It shall be unlawful for a person:

(a) While a pedestrian, to accept, take or otherwise obtain possession or control of any money or personal property from a person within a motor vehicle while that motor vehicle is within a roadway or on publicly owned property used as an entrance or exit to a roadway;

(b) While a driver or passenger in a motor vehicle in a roadway or on publicly owned property used as an entrance or exit to a roadway, to give, hand over, or relinquish possession or control of any money or personal property to a pedestrian.

(4) Notwithstanding anything to the contrary in this Section, the activities proscribed by this Section shall not be unlawful if: (i) such actions are required as the result of a traffic accident, medical emergency, or similar exigent circumstances; (ii) such actions are directed by a peace officer or authorized traffic control officer in the course of their official duties; or (iii) the transaction is undertaken after the motor vehicle has been legally parked.

(5) Any person violating this Subsection shall be guilty of a Class C misdemeanor. (Enacted 2013-29)

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The Provo City Code is current through Ordinance 2014-27, passed October 21, 2014.

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