CHAPTER 2
OFFENSES AGAINST PUBLIC ORDER Revised 2/23
Sections:
8-2-101 Disturbance of the Peace.
8-2-102 Trespass by Motorized Vehicle.
8-2-107 Targeted Residential Picketing.
8-2-108 Aggressive Solicitation. Revised 2/23
8-2-101 Disturbance of the Peace.
(1) It shall be unlawful for any person within the City to commit a disturbance of the peace or quiet of any neighborhood, family, or person, by loud or unusual noises or by tumultuous or offensive conduct, or by threatening, quarreling, challenging to fight, or fighting. It shall be unlawful for any person to cause a disturbance or contention at a public house, court, or election, or to disturb any assembly congregated for religious or other lawful purpose within the limits of the City by undue noise, offensive conduct, or unbecoming or indecent behavior.
(2) Specific Noise Violations. Between the hours of 10:00 p.m. and 7:00 a.m., activities which by their nature and by the time of day are deemed to cause loud and unusual noises that disturb the peace or quiet of any neighborhood, family, or person include, but are not limited to, the following sound sources:
(a) Loading Operations. Loading, unloading, opening or otherwise handling boxes, crates, containers, garbage containers or other objects.
(b) Construction Work. Operating, or causing to be operated, any equipment used in construction, repair, alteration or demolition work on buildings, structures, properties or streets.
(c) Commercial Power Equipment. Operating, or permitting to be operated, any power equipment.
(d) Garbage Collection. The collection of garbage, waste or refuse.
(e) Amplified Sound. The use of amplified music, stereo or sound systems which can be heard beyond the premises where such sound is generated.
(3) Exemptions. The restrictions set forth in the preceding subsections do not apply to the following:
(a) Actual emergencies, which place persons or property in jeopardy;
(b) Snow removal activities;
(c) City festivals and/or City sponsored special events;
(d) Sporting events that commence within a reasonable enough time to end by 10:00 p.m., but continue past 10:00 p.m.; and
(e) Permitted special events. Applications for a special event permit may be made to the City. The applicant must explain why no other reasonable alternative is available than to hold the event before 7:00 a.m. or beyond 10:00 p.m. Any permit granted by the City shall contain all conditions upon which the permit has been granted, including, but not limited to, the effective dates, any time restrictions, location, and any other reasonable requirements to minimize adverse effects upon the surrounding neighborhood.
(4) Penalty. Disturbing the peace is a Class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction. Class C misdemeanors and infractions shall be punishable as set forth in the Utah Code Annotated 1953, as amended.
(Statutory Authority UCA 10-8-50; 1968 Code 6-1-13; 1979 Code 8-8-1; renumbered and amended by Ord. No. 25-92; Ord. No. 03-2009, 03/17/2009; Ord. No. 12-2015 § 1, 09/01/2015)
8-2-102 Trespass by Motorized Vehicle.
It shall be unlawful for a person to enter onto property of another without express permission for the purpose of operating a motorized vehicle, scooter, motorcycle, ATV, snowmobile or dune buggy outside of a public street, easement or other valid right-of-way.
(Adopted by Ordinance No. 26-02; renumbered and amended by Ord. No. 03-2009, 03/17/2009)
8-2-103 [Repealed]
(Repealed by Ord. 03-2009, 03/17/2009)
8-2-104 [Repealed]
(Repealed by Ord. 03-2009, 03/17/2009)
8-2-105 [Repealed]
(Repealed by Ord. 03-2009, 03/17/2009)
8-2-106 [Repealed]
(Repealed by Ord. 03-2009, 03/17/2009)
8-2-107 Targeted Residential Picketing.
(1) Purpose. The protection of the home is of the highest importance. The public health and welfare and the good order of the community require that citizens enjoy in their homes and neighborhoods a feeling of well-being, tranquility, and privacy, and enjoy freedom from being a captive audience to an unwanted speech in their homes. The practice of targeted residential picketing causes emotional disturbance and distress to residents and has the potential to incite breaches of the peace and disrupt the well-being and tranquility of the home. A full opportunity exists for individuals to exercise their rights of free speech without resorting to targeted residential picketing. The provisions of this section are enacted for the purpose of protecting the significant public interests stated above and not to suppress free speech rights of any particular viewpoint. This section is intended to establish a reasonable time, place, and manner restriction that reconciles and protects the First Amendment rights of picketers to peacefully communicate and express their ideas with the right of persons to enjoy the right to tranquility, well-being, and privacy in their residential dwellings.
(2) Definitions. As used in this section, the following terms shall have the meanings set forth below:
(a) “Picketing” means (i) the stationing or posting of one (1) or more persons to apprise the public, vocally or by standing or marching with signs, banners, sound amplification devices, or other means, of an opinion or message; or (ii) the presence or gathering of a person or group of people for a demonstration or protest.
(b) “Residence” means any single-family, duplex, multifamily, or other dwellings where the targeted occupant resides and is not used as a targeted occupant’s sole place of business or as a place of a public meeting.
(c) “Targeted residential picketing” means picketing that: (i) is specifically directed or focused toward a particular residence, or one (1) or more occupants of a particular residence; and (ii) takes place within one hundred feet (100') of the property line of that residence.
(3) Prohibitions. It is unlawful for any person, acting alone or in concert with others, to engage in targeted residential picketing in Springville City.
(4) Penalty for Violation. Any violation of this Section is a class B misdemeanor.
(Ord. 03-2021 § 1, 01/19/2021)
8-2-108 Aggressive Solicitation. Revised 2/23
(1) Definitions. For purposes of this Section:
(a) “Aggressive manner” means intentionally:
(i) Persisting in approaching or following an individual after the individual has negatively responded to the solicitation;
(ii) Engaging in conduct that would cause a reasonable individual to fear imminent bodily harm;
(iii) Engaging in conduct that would intimidate a reasonable individual into giving money or goods;
(iv) Blocking the path of an individual;
(v) Physically contacting an individual or the individual’s personal property without that individual’s consent; or
(vi) Using obscene or abusive language or gestures: (A) intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or (B) words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation.
(b) “Automated teller machine” means a device, linked to a financial institution’s account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
(c) “Automated teller machine facility” means the area comprised of one (1) or more automatic teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
(d) “Bank” means a financial institution, including a commercial bank, savings bank, savings and loan association, credit union, and trust company, engaged in the business of banking, chartered under Federal or State law, and regulated by a Federal or State banking regulatory authority.
(e) “Public area” means a publicly owned area to which the public or a substantial group of persons has access, and includes, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.
(f) “Solicit” means to request anything, including, without limitation, an immediate donation of money or other thing of value, from another person, regardless of the solicitor’s purpose or intended use of what is being requested. The solicitation may be, without limitation, by the spoken, written, or printed word, or by other means of communication.
(2) Prohibited Acts. It shall be unlawful for any person to solicit:
(a) In an aggressive manner in a public area;
(b) Within thirty feet (30') of any entrance or exit of any bank or within thirty feet (30') of any automated teller machine during the hours of operation of such bank, automated teller machine or check cashing business without the consent of the owner or other person legally in possession of such facilities. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility; or
(c) On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property.
(3) Demand for Payment not Included. This Section is not intended to prescribe any demand for payment for services rendered or goods delivered.
(4) Constitutionally Protected Activity. This Section is not intended to limit any persons from exercising their constitutional right to picket, protest or engage in other constitutionally protected activity. Rather, its goal is to protect citizens from fear and intimidation. This Section should be held inapplicable in any such cases where its application would be unconstitutional under the constitution of the State of Utah or the constitution of the United States of America.
(5) Violation. A violation of this Section is a Class B misdemeanor.
(Ord. No. 22-2022, § 2, 12/20/2022)