CHAPTER 3
STREET DEPARTMENT

Sections:

4-3-101    Creation of Department.

4-3-102    Duties of Superintendent.

4-3-103    Structures on Streets and Sidewalks or Located within the Public Way.

4-3-104    Signs on Streets and Sidewalks or Located within the Public Right-of-Way.

4-3-105    Permit to Improve or Alter Public Street.

4-3-106    Permit for Street Excavations.

4-3-107    Defects to be Reported.

4-3-101 Creation of Department.

There is hereby created a Street Department which shall consist of a Superintendent and such other employees as shall be provided for by the City Council.

(1968 Code 1-22-1; amended in codification 1979; 1979 Code 4-3-1)

4-3-102 Duties of Superintendent.

The Superintendent of the Street Department shall:

(1)    Administer the public streets in the City;

(2)    Maintain all streets and walks in the City;

(3)    Control all signs and other structures on public streets;

(4)    Exercise control over the construction of public streets;

(5)    Install such signs, pavement markings and other traffic control devices which conform to the Manual on Uniform Traffic Control Devices as the Superintendent determines to be necessary for safe and efficient use of the public streets; and

(6)    Supervise the collection and disposal of all garbage within the City as provided by Title 12, Chapter 7 of this Code.

(1968 Code 1-22-2; amended in codification 1979; 1979 Code 4-3-2; amended by Ord. No. 11-96)

4-3-103 Structures on Streets and Sidewalks or Located within the Public Way.

(1)    It shall be unlawful for any person to erect or place any structure, as herein defined, used for private purposes, upon any street, sidewalk, or within the public right-of-way, within the limits of the City, or for any person owning or having charge or control of any structure, as herein defined, used for private purposes and now existing upon any street, sidewalk, or within the public right-of-way, within the limits of the City, to suffer or permit such structure to so remain, without first obtaining permission so to do from the City Council, and then only in strict accordance with the terms and conditions of the express permission granted. The City Council may grant or deny such permission or impose additional conditions from time to time when it deems it to be in the best interest of the City in regulating the use of its streets, sidewalks, or public right-of-way.

(2)    Application for permission to place a structure upon any street, sidewalk, or within the public right-of-way, in the City shall be in writing and must be accompanied with plans and specifications of the same, and shall state the name and address of the applicant, the place proposed to erect such structure, the length of time it is proposed to maintain the same, and such other information as the City Council may require.

(3)    The City Council may by resolution authorize the Superintendent of the Street Department or the Building Inspector to issue permits to place certain structures upon a street, sidewalk, or within the public right-of-way, under conditions and restrictions as may be specified in the resolution.

(4)    All permits granted under this Section may be revoked, altered or modified by the City Council whenever said Council shall deem it to be in the best interests of the City, and it shall be unlawful for any person to fail to comply with any order or condition imposed by the City Council.

(5)    Any structure, as herein defined, now located or installed or which may hereafter be erected or placed above, over, in, on, or around, any part of any street, sidewalk, or within the public right-of-way, within the limits of the City, which conflicts with the provisions of this Section or any other condition imposed by the City Council, must be removed, changed, or relocated, within a reasonable time, not to exceed thirty (30) days, after the owner or person having charge or control of such structure is notified by the Street Department to so remove, change, or relocate the same.

(6)    The word “structure” as used herein shall mean any sign, signpost, signboard, arch, advertisement, merchandise, material, flag, banner, rack, fence, vehicle, bus shelter, bus bench, object, or other structure erected, located, deposited, or placed above, over, in, or upon any street, sidewalk, or within the public right-of-way, except those objects extending over a street which are a part of a building and conform to the requirements of the Building Code enforced in the City, and except signs extending over a street which are supported entirely on private property and are permitted and regulated by Section 4-3-104.

(7)    Bus Benches and Bus Shelters. Bus benches and bus bench shelters may be located on public property when approved by the City Council in accordance with this Section and Section 4-3-104. All bus benches and bus shelters shall be subject to meeting UDOT and UTA standards, codes, rules, and/or ordinances. Approval shall be subject to the following:

(a)    Bus benches and bus shelters shall be located at an approved bus stop. As necessary, bus bench and shelter locations shall be registered with UTA and UDOT.

(b)    The bench or shelter shall be permanently connected to the ground. Structures located in a landscaped area shall include a concrete base or pad.

(c)    The bench shall be maintained in good repair at all times by the owner as determined by the Public Works Director.

(d)    Benches that are improperly located, damaged, in disrepair, or determined to be unsafe shall be repaired or removed within twenty-four (24) hours of notification from the Public Works Director. Benches that are not removed as required above shall be removed by the City at the owner’s expense. When structures and accompanying bases are removed, the ground shall be restored to the previous or natural state.

(e)    The City may revoke a permit for a bench or shelter if it finds that it interferes with other desired City uses of the location, or is objectionable for any other reason.

(f)    Each bus stop shall be limited to one (1) bench or one (1) bus shelter.

(g)    Bus benches or shelters in front of a residence shall not have any advertising.

(Statutory Authority UCA 10-9-23 and 24; 1968 Code 4-1-3; 1979 Code 4-3-3; amended by Ordinance No. 17-94; Ord. No. 13-2010, 10/05/2010)

4-3-104 Signs on Streets and Sidewalks or Located within the Public Right-of-Way.

(1)    It shall be unlawful for any person to erect or construct any sign as herein defined, above, over, in, or around any part of any public street, sidewalk, or within the public right-of-way, within the limits of the City, or for any person owning or having charge or control of any sign as herein defined, now installed, to suffer or permit such sign to remain above, over, in or around any part of any public street, sidewalk, or within the public right-of-way, within the limits of the City, without first obtaining permission so to do from the City Council, and then only in strict accordance with the terms and conditions of the express permission granted. The City Council may grant or deny such permission or impose additional conditions from time to time when it deems it to be in the best interests of the City in regulating the use of its streets, sidewalks, or public rights-of-way.

(2)    Application for permission to erect or construct any sign as herein defined above, over, in, or around any part of any street, sidewalk, or within the public right-of-way, within the limits of the City shall be in writing and shall contain the name of the person for whose benefit the same is made, the period of time for which such permit is so desired, the place where such sign is to be erected or constructed, the dimensions thereof, the material of which the same is to be constructed, and the manner of construction, which application shall be accompanied by a blueprint or drawing or tracing of such proposed sign.

(3)    All signs now installed, or which may hereafter be erected within the limits of the City, which extend beyond the property line over any street, alley or public way, shall meet the following requirements as well as any additional conditions deemed necessary by the City Council:

(a)    Every sign that extends more than two feet (2') beyond the property line must be constructed entirely of metal or other noncombustible material, and no piece of glass having an area more than one (1) square foot shall be used in any such sign (excluding permitted bus bench or bus shelter signage).

(b)    Every sign extending beyond the property line shall be placed at least ten feet (10') above the surface of that part of the street which any such sign overhangs (excluding permitted bus bench or bus shelter signage).

(c)    No sign shall project more than ten feet (10') beyond the property line, and no sign post or support shall be placed off private property on any part of the street (excluding permitted bus bench or bus shelter signage).

(4)    All permits granted under this Section may be revoked, altered or modified by the City Council whenever the Council shall deem it to be in the best interests of the City, and it shall be unlawful for any person to fail to comply with any order or condition imposed by the City Council.

(5)    Any sign as herein defined, now located or installed or which may hereafter be erected or placed above, over, in, on, or around any part of any street, sidewalk, or within the public right-of-way, within the limits of the City, which sign conflicts with the provisions of this Section or any other condition imposed by the City Council, must be removed, changed, or relocated within a reasonable time, not to exceed thirty (30) days after the owner or person having charge or control of such sign is notified by the Street Department to so remove, change, or relocate the same.

(6)    The word “sign” as used herein shall mean any sign, signpost, signboard, arch, merchandise, material, flag, banner, rack, fence, vehicle, bus bench or bus shelter advertising, object or structure, used in any way for advertisement purposes, which is erected, located, deposited, or placed above, over, in, on, or around any street.

(Statutory Authority UCA 10-8-26 and 28; 1968 Code 4-1-4; amended in codification 1979; 1979 Code 4-3-4; Ord. No. 13-2010, 10/05/2010)

4-3-105 Permit to Improve or Alter Public Street.

(1968 Code 4-1-17; amended in codification 1979; 1979 Code 4-3-5; amended by Ord. Nos. 10-85 and 12-97, Repealed by Ord No 23-2007, 05/01/2007)

4-3-106 Permit for Street Excavations.

(1968 Code 4-1-15; amended in codification 1979; 1979 Code 4-3-6; amended by Ordinance Nos. 10-85 & 12-97, Repealed by Ord No 23-2007, 05/01/2007)

4-3-107 Defects to be Reported.

It shall be the duty of every City officer and employee becoming cognizant of any defect in any street, alley, or sidewalk, or any obstruction thereof, to report the same immediately to the Superintendent of the Street Department.

(1968 Code 4-1-11; 1979 Code 4-3-7)