CHAPTER 2
SPECIFIC REGULATIONS Revised 2/23
Sections:
9-2-103 Stop and Yield Intersections.
9-2-105 Parking or Blocking Streets.
9-2-105.5 Unlawful Transfer on a Roadway.
9-2-107 Truck Traffic and Parking.
9-2-110 Street-Legal All-Terrain Vehicles and Off-Highway Vehicles.
9-2-111 Administrative Civil Infractions.
9-2-101 Speed Limits.
(1) When appropriate traffic control or regulatory signs giving notice of speeds are posted, the prima facie maximum speed limits designated upon said signs shall apply to the appropriate streets or portions of streets so posted.
(2) In the absence of any speed limit sign designating a speed limit applicable thereto, the prima facie speed limit shall be twenty-five (25) miles per hour.
(Added in codification 1979; 1979 Code 9-2-1; Ord. No. 04-2009, 03/17/2009)
9-2-102 Traffic Control.
The traffic control and regulation of all public streets shall be as posted, regulated or controlled by appropriate traffic control devices, signs or other regulatory devices or controls installed and established as provided in Titles 3 and 4 of this Code.
(1979 Code 9-2-2; Ord. No. 04-2009, 03/17/2009)
9-2-103 Stop and Yield Intersections.
When appropriate traffic control or regulatory signs are posted at entrances to intersections, such entrances or intersections are hereby declared to be stop or yield entrances or intersections as designated by the sign.
(Added in codification 1979; 1979 Code 9-2-3; Ord. No. 04-2009, 03/17/2009)
9-2-104 Unlawful Parking.
(1) No motor vehicle shall be parked with the left side of the vehicle next to the curb, except on one (1) way streets. It shall be unlawful to stand or park any motor vehicle in a street other than parallel with the curb and with the two (2) right wheels of the vehicle within twelve inches (12") of the regularly established curb line, except on those streets which have been marked for angle parking. On streets which have been marked for angle parking, vehicles shall be parked at the angle to the curb indicated by such marks.
(2) It shall be unlawful to park any vehicle from which merchandise is peddled on any business street.
(3) When so posted, it shall be unlawful for the driver of a passenger vehicle to stand or park such vehicle for a period of time longer than is permitted by the posted sign; or to stand or park such vehicle in a zone marked for the loading or unloading of passengers for longer than the limit on the sign; or for the driver to stand or park any freight-carrying motor vehicle for a period of time longer than is necessary to load, unload and deliver materials in any place designated as a loading zone and marked as such.
(4) It shall be unlawful for any person, except physicians on emergency calls or designated emergency vehicles when properly posted, to park any motor vehicle or trailer on any street in violation of the posted restrictions.
(5) No person shall park a motor vehicle or trailer within an alley or street in such manner or under such conditions as to leave less than ten feet (10') of the width of the roadway available for the free movement of vehicular traffic. No person shall stop, stand, or park a vehicle or trailer within a street or an alley in such a position as to block the driveway entrance to any abutting property.
(6) Storage of Motor Vehicles and Trailers. Parking on public streets and roadway rights-of-way shall be temporary.
(a) As used in this subsection, the words “continuously parked,” “storage” and “trailer” shall be defined as follows:
(i) “Continuously parked” means a motor vehicle or a motor vehicle with a hitched trailer parked on an alley, public street or roadway right-of-way that:
(A) Has not been moved from the initially parked location onto private property for storage;
(B) Has not been driven or moved farther than four hundred feet (400') onto an alley, public street or roadway right-of way from where it was initially parked; or
(C) Has not vacated the initial parking location for a period of time that is more than one (1) hour.
(ii) “Storage of a motor vehicle” means a motor vehicle or a motor vehicle with a hitched trailer that is continuously parked on any public street or roadway right-of-way for a period of time that exceeds:
(A) Forty-eight (48) consecutive hours during the months of April through October; or
(B) Twenty-four (24) consecutive hours during the months of November through March.
(iii) “Storage of a trailer” means an unhitched trailer that is parked on an alley, public street or roadway right-of-way.
(iv) “Trailer” means:
(A) A wheeled vehicle for living or traveling in, especially for holidays, that contains beds and/or cooking equipment and can be pulled by a motor vehicle; or
(B) A box, container, flat frame or other apparatus on wheels or not on wheels that is pulled or moved by a motor vehicle and is used for storing or transporting from place to place any equipment, materials, people, construction tools, vehicles or other objects.
(b) The storage of a motor vehicle or the storage of a trailer shall be unlawful.
(c) It shall be unlawful to park any motor vehicle or trailer:
(i) In such a manner as to block or inhibit pedestrian traffic on a sidewalk; or
(ii) Within the park strip of the roadway right-of-way (the area between the back of concrete curb and the sidewalk).
(d) The owner of any vehicle or trailer so parked or left standing contrary to subsection (6)(a) through (6)(c) of this Section is subject to the penalties of this title found in Section 9-3-101 and/or may be impounded or removed by the Police Chief or his or her designee.
(i) For purposes of impoundment and removal, the Police Chief or his or her designee may, after making a reasonable effort to locate the owner, impound and remove any motor vehicle or trailer. The cost of impoundment and removal shall be charged to the owner or any person who claims the impounded vehicle.
(7) It shall be unlawful for any person to park or leave standing on any property owned by the City any motor vehicle or trailer in violation of parking restrictions which are posted for the area in which the vehicle or trailer is parked.
(8) No person shall park a motor vehicle or a motor vehicle with a hitched trailer attached on any street between the hours of 11:00 p.m. of any day and 6:00 a.m. of the following day during the months of November, December, January, February and March on specific City streets designated by the Public Works Director or designee. The Public Works Director or designee shall review the designated “No Overnight Parking” streets from time to time and add or remove streets as appropriate to respond to changing vehicle movements and needs of the community. Any vehicle or trailer parked in violation of this subsection is subject to a written parking violation and also may be impounded as provided in subsection (6) of this Section.
(9) It shall be unlawful for any person to leave any motor vehicle parked or unattended within the area of a fire lane designated and marked pursuant to Section 3-4-123. Any such vehicle is hereby declared to be a nuisance and may be removed at the direction of any police officer or fire officer. The owner of any vehicle so removed shall pay all costs of removal and impoundment.
(Added in codification 1979; 1979 Code 9-2-4; amended by Ord. No. 4-86; Ord. No. 19-86; Ord. No. 14-87; Ord. No. 16-92; Ord. No. 19-00; Ord. No. 18-04; Ord. No. 23-05; Ord. No. 04-2009, 03/17/2009; Ord. No. 04-2021 § 1, 02/02/2021)
9-2-105 Parking or Blocking Streets.
In addition to the parking provisions contained in the Traffic Code which is adopted by Section 9-1-101, it shall be unlawful for any person to:
(1) Remain standing, lying or sitting on any street or highway in such a manner as to obstruct the free passage of vehicular or pedestrian traffic thereon.
(2) Willfully remain standing, lying or sitting on any street or highway in such a manner for more than one minute after being requested to move by any police officer.
(3) Willfully remain on any such street or highway in such a manner as to obstruct the free passage of any person or vehicle into or out of any property abutting upon the street or highway or any property having access to such street or highway.
(Added in codification 1979; 1979 Code 9-2-5; Ord. No. 04-2009, 03/17/2009)
9-2-105.5 Unlawful Transfer on a Roadway. Revised 2/23
(1) It is the intent of this Section:
(a) To enhance the safety of pedestrians and motor vehicle occupants on public roadways and public parking lots within Springville City limits;
(b) To assure the free, orderly, and undisrupted movement of motor vehicles on public roadways within Springville City municipal limits; and
(c) To ensure that transactions between pedestrians and motorists within Springville 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 paved portion of the following types of streets:
(i) Springville City streets designated as collector streets in nonresidential zones or arterial streets; and
(ii) Highways owned and maintained by the State of Utah or Utah County.
(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; or to give, hand over, or relinquish possession or control of any money or personal property to 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; or
(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; or to accept, take or otherwise obtain possession or control of any money or personal property from a pedestrian.
(4) Notwithstanding anything to the contrary in this Section, the activities proscribed by this Section shall not be unlawful if:
(a) Such actions are required as the result of a traffic accident, medical emergency, or similar exigent circumstances;
(b) Such actions are directed by a peace officer or authorized traffic control officer in the course of their official duties; or
(c) 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.
(Ord. No. 23-2022, § 1, 12/06/2022)
9-2-106 Handicapped Parking.
(1) Any disabled person qualifying under the laws of the State of Utah for such parking privileges shall be allowed to park an appropriately marked motor vehicle for reasonable periods without charge in metered parking zones and restricted parking areas, other than those available for emergency use, in a manner which allows proper access to the automobile by the disabled person.
(2) Only those vehicles carrying a distinctive handicapped license plate or transferable identification card for handicapped persons which has been issued by the Utah State Department of Public Safety may park in a parking space which is clearly identified as reserved for use by the handicapped. This subsection applies to and may be enforced on public property and on private property which is used or intended for use by the public.
(3) The parking privileges granted by this Section shall also apply to vehicles displaying a distinctive handicapped license plate or transferable identification card which is used by another state, if displayed on a vehicle utilized by a handicapped person.
(1979 Code 9-2-7; adopted by Ordinance No. 12-87; renumbered and amended by Ord. No. 04-2009, 03/17/2009)
9-2-107 Truck Traffic and Parking.
(1) For purposes of this Section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. Unless otherwise defined herein, words in this Section shall have the same meaning as those words are defined in the Utah Motor Vehicle Act.
(a) “Deviating truck” is a truck which leaves and departs from a truck route while traveling in the City.
(b) “Person” is any person, firm, partnership, association, corporation, company or organization of any kind.
(c) “Truck” is any vehicle, to include trailers, licensed or actually used for gross weight in excess of twenty thousand (20,000) 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, vehicles designed for the transport of materials over eight (8) feet high, and for all explosive and corrosive carriers and flammable liquid carriers capable of carrying in excess of five hundred (500) gallons or licensed for a gross weight in excess of nine thousand (9,000) pounds.
(d) “Truck route” is a way over certain streets, as designated herein, over and along which trucks coming into and going out of the City must operate.
(2) All trucks within the City shall operate only over and along the truck routes herein established and on the other designated streets over which truck travel is permitted. This Section shall not, however, be construed to prohibit any of the following:
(a) The operation of trucks upon any street where necessary to the conduct of business at a destination point, provided streets upon which such traffic is permitted shall be used until reaching the intersection nearest the destination point. For purposes of this subsection (2)(a), conduct of business at a destination point shall include the delivery of merchandise to or from local businesses, established truck terminals, or residences, or the operation of construction trucks delivering to or returning from construction sites where it is not possible to use a designated truck route.
(b) The operation of emergency vehicles upon any street in the City.
(c) The operation of trucks owned or operated by the City, public utilities, any contractors or material men, while engaged in the repair, maintenance or construction of streets, street improvements, or public utilities within the City.
(d) The operation of trucks upon any officially established detour in any case where such truck could lawfully be operated upon the street for which such detour is established.
(3) All trucks entering the City for destination points outside the City shall operate only over the following designated routes which shall be known as truck routes:
(a) Interstate Highway 15;
(b) U.S. Highway 89;
(c) Utah Highways 51, 75, 77 and 156;
(d) 1600 South Street from Utah Highway 51 to the west City limits.
(4) In addition to those streets in the City constituting a part of a truck route as established herein, the following streets, and no others, shall be used for truck traffic:
(a) All frontage roads of Interstate Highway 15;
(b) Hobble Creek Canyon Drive [Canyon Road];
(c) 400 South Street;
(d) All streets within the Business Park, Light Industrial Manufacturing, and Heavy Industrial Manufacturing zones.
(5) (a) All trucks entering the City for a destination point in the City shall proceed only over streets designated in subsections (3) and (4) of this section and shall deviate therefrom only at the intersection with the street upon which such traffic is permitted by the shortest available route.
(b) All trucks entering the City for multiple destination points shall proceed only over streets designated in subsections (3) and (4) of this section and shall deviate therefrom only at the intersection with the street upon which such traffic is permitted nearest to the destination point. Upon leaving the first destination point, a deviating truck shall proceed to other destination points by the shortest available route. Upon leaving the last destination point, a deviating truck shall return to a street upon which truck traffic is permitted by the shortest available route.
(c) All trucks on a trip originating in the City and traveling in the City for a destination point outside the City shall proceed by the shortest direction over streets on which such traffic is permitted to a truck route as herein established.
(6) Trucks shall not be operated upon any street other than a truck route or other street designated in subsections (3) and (4) of this section between the hours of 11:00 p.m. and 6:00 a.m.
(7) (a) No truck or trailer shall be allowed to be parked on the public streets in residential zones except while actually loading or unloading merchandise or household goods. In no event shall it remain parked for longer than eight (8) hours.
(b) Except as in subsection (7)(a) of this section, no truck shall be parked on any public street closer than seventy-five (75) feet to the entrance or exit or intersection with any private driveway, private street, alley or public street.
(c) Truck parking shall be prohibited along Main Street between 900 North and 600 South.
(d) 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 (7)(a) of this section).
(8) (a) The City Recorder shall keep and maintain accurate maps setting out truck routes and streets upon which truck traffic is permitted. The maps shall be kept on file in the office of the City Recorder and shall be available for inspection by the public.
(b) The Public Works Director shall cause all truck routes and those streets upon which truck traffic is permitted to be clearly sign-posted to give notice that this Section is in effect. No person shall be charged with violating the provisions of this Section by reason of operating a truck upon a street on which truck travel is prohibited unless appropriate signs are posted. The preceding sentence shall not apply to any charge of violating a parking restriction contained in this Section.
(c) The Chief of Police shall have the authority to require any person driving or in control of any commercial vehicle not proceeding on a truck route or street on which truck traffic is permitted to proceed to any public or private scale available for the purposes of weighing and determining whether this Section has been complied with.
(9) No person shall engage engine compression brakes, Jake Brakes or other braking mechanisms which cause excessive noise within the limits of Springville City.
(1979 Code 9-2-8; adopted by Ordinance No. 11-88; amended by Ordinance No. 8-90, Ordinance No. 1-02, and Ordinance No 24-06; renumbered and amended by Ord. No. 04-2009, 03/17/2009)
9-2-108 Skateboards.
(1) For purposes of this Section, “skateboard” shall mean a single platform mounted on wheels which is propelled by human power and which has no mechanism or other device with which to steer or control the direction of the platform.
(2) Operation of a skateboard is prohibited on any roadway:
(a) Having a grade of six percent (6%) or greater; or
(b) Where in the judgment of the Chief of Police the volume or speed of traffic or the width of the roadway renders the roadway unsafe or unsuitable for skateboarding; or
(c) On any State highway.
(3) Skateboard operators shall be considered as pedestrians when operating on roadways and shall be subject to all of the duties and be granted all of the rights applicable to non-skateboard pedestrians. Notwithstanding their status as pedestrians, however, skateboard operators on sidewalks shall yield the right-of-way to all other pedestrians on sidewalks.
(4) No person shall operate a skateboard on any sidewalk within the CC-1, Central Commercial Zone. Skateboarding shall be permitted on all other sidewalks.
(5) No more than one (1) person shall operate or ride on a skateboard at one (1) time.
(6) The Street Department in cooperation with the Chief of Police is authorized to erect signs or other official traffic control devices at those locations where skateboarding is prohibited.
(1979 Code 9-2-9; adopted by Ordinance No. 14-90; renumbered and amended by Ord. No. 04-2009, 03/17/2009)
9-2-109 Skateboard Park.
(1) For purposes of this Section and any rules and regulations, “skateboard” shall mean a single platform mounted on wheels which is propelled by human power and which has no mechanism or other device with which to steer or control the direction of the platform, and “inline skates” shall mean boots with four (4) wheels attached in a line, designed to be propelled by human power.
(2) Operation or use of motorized vehicles or other means of transportation not expressly permitted by the rules and regulations within the Skateboard Park is prohibited.
(3) Use of the Skateboard Park outside of posted hours is prohibited.
(4) The Parks and Recreation Department, in cooperation with the Chief of Police, is authorized to establish rules and regulations and erect signs within the Skateboard Park. Violation of any posted rules or regulations is prohibited.
(Adopted by Ordinance No. 16-02; renumbered and amended by Ord. No. 04-2009, 03/17/2009)
9-2-110 Street-Legal All-Terrain Vehicles and Off-Highway Vehicles.
(1) Definitions.
“All-terrain type I vehicle” means any motor vehicle fifty-two inches (52") or less in width, having an unladen dry weight of one thousand five hundred (1,500) pounds or less, traveling on three (3) or more low pressure tires, having a seat designed to be straddled by the operator, and designed for or capable of travel over unimproved terrain.
“All-terrain type II vehicle” means any motor vehicle eighty inches (80") or less in width, traveling on four (4) or more low pressure tires, having a steering wheel, nonstraddle seating, a rollover protection system, and designed for or capable of travel over unimproved terrain; and is an electric-powered vehicle or a vehicle powered by an internal combustion engine; and has an unladen dry weight of two thousand five hundred (2,500) pounds or less. An all-terrain type II vehicle does not include golf carts, any vehicle designed to carry a person with a disability, any vehicle not specifically designed for recreational use, or farm tractors as defined under Section 41-1a-102, Utah Code Annotated 1953.
“All-terrain type III vehicle” means any other motor vehicle that is not an all-terrain type I or II, a snowmobile, or a motorcycle, that is designed for or capable of travel over unimproved terrain. An all-terrain type III vehicle does not include golf carts, any vehicle designed to carry a person with a disability, any vehicle not specifically designed for recreational use, or farm tractors as defined under Section 41-1a-102, Utah Code Annotated 1953.
“ATV” means all-terrain vehicle.
“Direct supervision” means oversight at a distance within which visual contact is maintained and advice and assistance can be given and received.
“Low-profile vehicle” means a motor vehicle that is designed to be operated from a seated position and measures less than thirty-six inches (36") in height in its normal operating position, notwithstanding any flag, antenna, or other attachment or modification made thereto. This definition shall include but is not limited to miniature motorcycles, “pocket bikes,” “go carts,” and other similar vehicles characterized by short vehicle height and a low seating position.
“Low-speed vehicle” means a four (4) wheeled electric motor vehicle that is designed to be operated at speeds of not more than twenty-five (25) miles per hour and has a capacity of not more than six (6) passengers. Low-speed vehicle does not include a golf cart or an off-highway vehicle.
“Off-highway vehicle” means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle.
“OHV” means off-highway vehicle.
“Street legal all-terrain vehicle” means an all-terrain type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet the requirements of Section 41-6a-1509, Utah Code Annotated 1953, to operate on highways in the State in accordance with Section 41-6a-1509, Utah Code Annotated 1953.
(2) All-Terrain Vehicle Street-Legal Requirements. An all-terrain type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle that meets the street-legal requirements of Section 41-6a-1509, Utah Code Annotated 1953, as amended, may be operated as a street-legal ATV on a street or highway. Golf carts are prohibited on public streets.
(3) Street Legal All-Terrain Vehicle Traffic Rules and Regulations. All traffic rules and regulations shall be followed by any operator of a street-legal all-terrain vehicle. The operator of a street-legal all-terrain vehicle may not exceed the lesser of:
(a) The posted speed limit; or
(b) Fifty (50) miles per hour.
A street-legal all-terrain vehicle may not be operated on the freeway.
(4) Off-Highway Vehicles. Off-highway vehicles may be used pursuant to Section 41-22-10.3, Utah Code Annotated 1953. Off-highway vehicles, excluding street-legal all-terrain vehicles, or low-profile vehicles shall not be operated:
(a) On any paved street or public property, except when posted as “open” to off-highway vehicles.
(b) In a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage to such person or property.
(c) In any municipal or recreation area, except when posted as “open” to off-highway vehicles and only along established paths and trails within the hours permitted.
(d) In an unreasonable manner while approaching and crossing intersections and bridges, curves, hillcrests, narrow or winding roadways or when hazards exist such as pedestrians, other traffic, weather or surface conditions.
(e) While carrying a strung bow or loaded firearm.
(5) Low-Speed Vehicles. A low-speed vehicle may be used pursuant to Section 41-6a-1508, Utah Code Annotated 1953. A low-speed vehicle may not be operated on a roadway with a posted speed of more than thirty-five (35) mph.
(6) Helmets. Helmets must be worn as required by Sections 41-22-10.8 and 41-6a-1505, Utah Code Annotated 1953, when operating or riding as a passenger on any OHV.
(7) Exceptions to Roadway Restrictions.
(a) All-terrain type I, II, or III vehicles are permitted on City streets when such vehicles are being used for snow removal within twenty-four (24) hours of snow falling.
(b) Off-highway vehicles, golf carts and low-speed vehicles may be used during any period of time or location in an emergency when the operation of a conventional motor vehicle is impractical or as directed by a peace officer or other public authority.
(8) Penalty. Any person who violates the provisions of this Chapter shall be guilty of an infraction unless otherwise specified by State Code and, upon conviction thereof, the maximum fine shall be in accordance with the current State Uniform Fine Bail Schedule.
(Ord. No. 01-2010, 01/05/2010; Ord. No. 17-2019 § 1, 08/06/2019)
9-2-111 Administrative Civil Infractions.
(1) Position of Civil Violations Hearing Officer Created – Powers and Duties. The City Administration shall appoint a civil violations Hearing Officer(s) to perform all duties and exercise all powers described in this Article. The duties of a Hearing Officer may be performed through subordinates, except that a hearing shall be conducted only by a Hearing Officer if a person charged with an infraction so requests in writing.
(2) Acts Made Administrative Civil Infractions.
(a) Civil Violations. The following acts are hereby declared to be administrative civil infractions, unless otherwise specified, and within the jurisdiction of the Hearing Officer:
(i) Violation of any of the parking regulations described in the Springville City Code;
(ii) Violation of parking laws and regulations not inconsistent with these ordinances which are described in State statutes, including those benefiting disabled (handicapped) persons; or
(iii) Violation of Sections 9-2-108 and 9-2-109 regarding skateboards.
(b) Bartholomew Park. Parking citations issued in and around Bartholomew Park may be handled by an independent parking enforcement company and shall not be subject to this Section.
(3) Notice of Administrative Civil Infraction. Any peace officer and any person trained and authorized by the Police Department may issue a notice of administrative civil infraction (or notice of infraction) which notice shall contain the following information:
(a) The name and address of the person charged with the infraction. Notwithstanding anything in this Section to the contrary, a notice of infraction for a parking violation, placed on a parked motor vehicle need not include a name and address;
(b) The infraction charged;
(c) The date and place of the infraction;
(d) If the infraction involved the use of a motor vehicle, the make of the vehicle and its license number; and
(e) Notice that the notice of infraction must be paid by a date certain or responded to by a date certain at the office of the Police Department if the administrative civil infraction is to be contested.
(4) Response to Notice of Infraction.
(a) Any person to whom a notice of infraction has been issued shall respond within fourteen (14) days thereof by:
(i) Paying the fee described in subsection (5) of this Section (for good cause, the Hearing Officer may allow reasonable terms for payment of the fine); or
(ii) Contesting the violation in the manner described in subsection (6) of this Section.
(b) All payments must be received by the City within the times required by this Section. Fees may be paid by mail, but the risk of loss or delay of a payment shall be on the sender.
(5) Fee for Infractions – Payment.
(a) All fees, penalties, and interest related to civil infractions shall be paid to the City. No Hearing Officer or any subordinate thereof shall receive any fees for civil infractions over which the Hearing Officer has jurisdiction.
(b) The City Council shall by resolution establish the fees to be imposed for all administrative civil infractions. The City Council may also by resolution establish penalties for late payment and a rate of interest to accrue on fees which are not paid in a timely manner.
(6) Contesting an Administrative Civil Infraction – Hearing.
(a) A person charged with an administrative civil infraction may contest the same by delivering written notice of intent to contest or filling out a form at the Police Department. The person contesting the infraction is responsible for providing a correct mailing address to the Police Department.
(b) Upon the filing of a written notice of intent to contest, a date for an administrative hearing shall be set and notice of the hearing date shall be mailed to the individual at the address provided. The hearing shall be conducted by the Hearing Officer as informally as the circumstances will allow and shall be based on the civil standard of a preponderance of the evidence. The notice of infraction shall constitute prima facie evidence that the infraction alleged therein actually occurred. Any party may be required to testify at the hearing. All witnesses shall be placed under oath by the Hearing Officer prior to testifying.
(c) The Hearing Officer shall consider all of the evidence presented at the hearing and shall determine the existence or nonexistence of the infraction based on a preponderance of the evidence. If the Hearing Officer finds that the infraction alleged did not occur, the notice of infraction shall be without any further force or effect. If the Hearing Officer finds that the alleged infraction occurred, the person to whom the notice of infraction was issued shall pay the associated fine within five (5) days after the hearing, unless the Hearing Officer has allowed additional time or the decision is given by mail and not at the hearing, in which event the response shall be made within ten (10) days after the decision is mailed to the address given in the notice of intent to contest.
(7) Special Provisions Relating to Parking Regulations. If a notice of infraction relates to a parking regulation, the following rules shall apply:
(a) The notice of infraction may be issued by affixing it to the subject motor vehicle in a conspicuous place.
(b) Whenever a motor vehicle has been parked in violation of any parking regulation, the registered owner of the vehicle shall be responsible for such violation and liable for payment of the applicable fee.
(c) Any motor vehicle with respect to which three (3) or more notices of infraction are in default is hereby declared to be a public nuisance and the City of Springville may authorize said motor vehicle to be towed from the public streets at the expense and risk of the registered owner. The motor vehicle shall be held and not released until the unpaid fees, penalties, accrued interest and reasonable costs of towing and storage have been paid.
(d) If a motor vehicle has been towed from the public streets pursuant to the provisions of this Section and is being held for the payment of fees and charges, the owner thereof, or the agent of the owner, may, in writing, request a hearing to determine the validity of the action taken with respect to the motor vehicle, and the hearing shall take place within three (3) business days from the date of the request, unless the applicant agrees to a longer period of time before the hearing. The Hearing Officer may order the release of any motor vehicle without cost to the owner or the owner’s agent if the motor vehicle was towed or is being held in violation of this Section or other applicable law.
(e) Nothing in this Section shall limit the Police Department’s rights to tow and impound vehicles pursuant to other sections of the Springville City Code.
(8) Civil Appeals. Any person dissatisfied with a decision of a Hearing Officer may appeal within fifteen (15) days to the justice court.
(9) Default. Any person who receives a notice of infraction shall be considered in default with respect to said infraction if the person:
(a) Fails to timely respond to the notice of infraction as outlined in subsection (4)(a) of this section.
(b) Fails to provide a correct mailing address after filing a notice of intent to contest.
(c) Fails to attend a hearing unless the person has paid the fee.
(d) Fails to pay the fee after a determination by the Hearing Officer that an infraction occurred.
(10) Criminal Violation.
(a) Notwithstanding any other provision herein to the contrary, it shall be a criminal Class C misdemeanor violation, with exclusive original jurisdiction in the justice court:
(i) For a person to whom a notice of infraction has been issued to allow the subject action to go into default. A person who allows a notice of infraction to go into default shall be prosecuted for the underlying offense;
(ii) For a registered owner to fail or refuse to respond to a notice of infraction issued pursuant to subsection (3) of this section; or
(iii) For a person to have three (3) or more notices of infraction within one (1) year.
(b) For purposes of this Section it shall be a rebuttable presumption that the notice of infraction and any other notices have been received by the addressee when mailed to the last known address via first class, United States mail.
(11) Civil Collection Actions. The City of Springville may pursue the collection of overdue and unpaid fees through any and all legal remedies available to the City.
(Ord. 01-2020 § 1, 01/07/2020)