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HomeMy Public PortalAboutORD-CC-2013-17ORDINANCE ##2013-17 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, REPEALING AND REPLACING CHAPTER 5.64, MOVED -ON TEMPORARY COMMERCIAL STRUCTURES WHEREAS, the Moab City Council ("City Council") adopted the Moab Municipal Code ("Code") in an effort to encourage and facilitate orderly growth and business development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, from time to time the City has determined that there is a need to amend the Code in order to make the text more contemporary, align the language with Utah State Code, and/or provide for a use that was not anticipated at the time of adoption; and WHEREAS, the City has found that there have been issues in the management of temporary Vendors who do not have permanent business locations in the city and who occupy portions of private commercial properties or use public streets and sidewalks for specified periods of time; and WHEREAS, the City has determined that new regulations regarding the size and operation of vending apparatus and are necessary to promote the peace, health, and general welfare of the residents of the city; and WHEREAS, the City Council in a duly advertised regular public meeting held on September 10, 2013, met to review and discuss the suggested amendments to the Code; and NOW, THEREFORE, the City Council hereby ordains that Ordinance #2013-17 is hereby adopted to repeal Municipal Code Chapter 5.64 in its entirety, and is replaced with a new chapter 5.64, Vendor Business Licenses, as follows: Chapter 5.64 VENDOR BUSINESS LICENSES Sections: 5.64.010 Definitions. 5.64.020 Licenses —Required. 5.64.030 Exemptions. 5.64.040 Application Fees. 5.64.050 General Operating Standards. 5.64.060 Specific Operating Standards. 5.64.070 Prohibited Practices. 5.64.080 Application. 5.64.090 Licenses --Issuance. 5.64.100 Modification of License. 5.64.110 Grounds for denial. 5.64.120 Appeal of denial. 5.64.130 License --Display. 5.64.140 License —Fees. 5.64.150 License --Nontransferable. 5.64.160 License —Revocation —Causes. 5.64.170 License--Revocation--Notice, right to cure, procedure. 5.64.180 License —Term, Renewal. Ordinance #E2013-17 Page 1 of 12 5.64.010 Definitions. For purposes of this chapter: A. Accoutrements. Additional items added for flavoring such as, but not limited to, seasonings, mustard, ketchup, and mayonnaise. B. Cart. A small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. C. Display apparatus. A nonpermanent structure such as a table, stand, wagon, tray, cart, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services on private property. Teepees shall not be considered a display apparatus and shall not be used for vending purposes. D. Farm produce. Fresh fruit, vegetables, herbs or grains. E. Month. A period of 30 consecutive days regardless of the calendar month. F. Non -motorized Trail System. A paved or unpaved government -constructed trail or path that is intended solely for pedestrian, bicycle or equestrian use. G. School sponsored event. An activity or sale that generates money that is collected or paid to the school district or individual public school. The event must be overseen or sponsored by the school district, an individual public school, or a school group or club. H. Solicitor. Any person who, without a permanent business location in the city, goes from house to house or business to business, or who conducts sales within the city by means of telephone solicitation, direct mail, or Internet offers to city residents, for the purpose of selling goods, merchandise, or services for profit. I. Stationary mobile cart. A cart having functional wheels and an axle that occupies one temporary location for a specified period of time. J. Vehicle. A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor Vehicles. K. Vendor. Any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The term "Vendor" includes: a. Street Vendors, b. Sidewalk Vendors, c. Private property Vendors, and d. Food Vendors, but does not include solicitor or soliciting activities as defined in Code Chapter 5.14. L. Vendor, Food. Any street Vendor, sidewalk Vendor, or private property Vendor that sells foodstuffs, edibles, liquids, ice cream, confectionery or other edible products upon any public street, road, alley, curb or sidewalk, or on private property. Ordinance #2013-17 Page 2 of 12 M. Vendor, Limited. A Vendor who legally conducts business within the city limits for a specified period of time not to exceed twenty nine (29) days. N. Vendor, Local. Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within Moab City or Grand County. O. Vendor, Long-term. A Vendor who legally engages in business within the city limits for a nonrenewable term of up to twelve (12) months. P. Vendor, Private Property. Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. Q. Vendor, Sidewalk. Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. R. Vendor, Street. Any person travelling by vehicle, bicycle or other street -legal conveyance on public or private streets and who carries, conveys, or transports goods, wares or merchandise and offers them for sale. 5.64.020 Licenses —Required. A. All Vendors, and anyone using vending display apparatus to engage in business within the city, shall first obtain a business license as required by Chapter 5.04 of this code. B. All defined Vendor licenses require Moab City Council approval. C. The maximum time limit a Vendor display apparatus can be placed at a location is determined by the type of structure and operational restrictions. D. Applicant shall apply to the Moab City Treasurer's office and shall submit all information required by Sections 5.04, 5.64.040, and 5.64.080 of this chapter for the specific type of structure. 5.64.030 Exemptions. A. This chapter shall not apply to school and city recreation sponsored sales or events, city contracted sales or events, or to solicitors as defined in code Section 5.14.010 C. 1, and sales described in Code Section 5.09 of the Special Event Permits and Business Licenses. B. Vendors who conduct sales at a special business event as defined by Chapter 5.09 are exempt from the provisions of this chapter, provided the responsible organization lists the Vendor on an approved Vendor list and the organization satisfies all sales tax requirements as specified in Chapter 5.09. Ordinance #2013-17 Page 3 of 12 C. Vendors who conduct sales at a convention or meeting where products or services are offered to registered members or guests and where the meeting or venue is not open to the general public, shall be exempt from the provisions of this chapter. D. This chapter shall not apply to sales of farm produce, as defined above, where such sales are conducted by persons who grow such items and sales are conducted on private property. E. Temporary displays by a permanent business, as described in 5.64.060 E, are exempt. F. Any exempted activity shall not reduce the number of parking spaces for the permanent business and shall not obstruct ingress or egress to the business. 5.64.040 Application Fees. A. Fees shall be determined by the Moab City Council and shall be adopted by resolution. 5.64.050 General Operating Standards. A. The following requirements must be met by all Vendors using display apparatus. 1. Codes. Apparatus must meet all applicable building, health and fire codes for the intended use. Permits require Moab City Council approval and locations of such apparatus are limited to commercial zones unless otherwise permitted by Moab City Council. 2. Illegal camping. It is illegal for any Vendor to camp on the site, in accordance with Code Sections 8.20 and 10.04.230. 3. Refuse and Recycling. Vendors are strongly encouraged to recycle. Vendors shall provide their own refuse/recycling containers and in no case shall city street receptacles be used for onsite Vendor refuse and recycling. a. All refuse and recycling containers shall be removed and securely stored at the close of each business day. b. Every container shall have a cover. c. Pickup of refuse/recyclables shall be made through a refuse service provider or through the host property owner. Written permission from the property owner or proof of other arrangements must be submitted with the application. The City, at its discretion, may require applicants to obtain commercial refuse disposal service. d. Food Vendors shall pay, in advance, a food Vendor surcharge. The fee amount shall be reviewed yearly and established by resolution of Moab City Council upon recommendation of staff. e. Food Vendors involved in special events shall utilize the special event refuse plan. f. Food Vendors with seating areas shall have refuse and recycling containers emptied at the close of each business day. Ordinance #2013-17 Page 4 of 12 4. Area Maintenance. All Vendors shall maintain the permitted area, the display apparatus and the immediate area within thirty (30) feet surrounding the permitted area in a neat, clean and hazard -free condition. 5. Signs. All signage shall be painted on or attached to the display apparatus and a drawing to scale of the proposed signage shall be included in the application. Signs on display apparatus shall not appear on devices that extend above the display apparatus except on umbrellas and canvass covers. Umbrella and cover signage shall relate only to the product being sold or the name of the business. Public poles, picnic tables, and trash receptacles shall not be used to display signs. Separate free-standing signs are prohibited. b. Business Access. Vendor license applicants shall demonstrate that there is sufficient access, parking and maneuvering space available at the site on which the Vendor will operate. Suitable, safe access by pedestrians shall be provided and no structure shall obstruct access to or from parking areas or sidewalks. 7. Hours of operation. The hours of operation shall be limited to 7:00 am to 10:00 pm. 8. Employee restroom facilities. Restroom services for employees shall be provided by a written agreement between the property owner and the Vendor. The written agreement must be submitted with the application to the City Recorder. 10. Noise level. No loud speakers or any unnecessary noise will be allowed on the site. a. Noise is required to be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. b. The average resulting dBA count shall not exceed sixty (60) dBA at any point on or beyond the site. c. The use of internal combustion generators is prohibited. d. Music that is softly played solely for the enjoyment of the Vendor is allowed at a hearing range that does not extend beyond the area of the apparatus. 11. Animals. No live animals shall be attached or "hitched" to any vending vehicle, cart, stand, or display. 12. Number of parking spaces. Parking shall be provided by a written agreement between the property owner and the Vendor. Said written agreement must be submitted with the application to the City Recorder. One (1) parking space per each temporary commercial structure shall be designated on the host property and shall be located so as not to reduce the number of parking spaces required for the permanent business. a. A parking exception may be granted by Moab City Council if the applicant can adequately demonstrate that on -street parking is available, sufficient parking is provided elsewhere or customers largely walk-up or would use short term parking. b. In no case shall the vending apparatus occupy parking spaces that reduce the Ordinance #2013-17 Page 5 of 12 amount of required parking for the host business. 13. Tents. The use of fully enclosed tents as apparatus is prohibited. A tent structure may be erected that is open on no less than three sides. 14. Proximity to Special Business Event. Any vending apparatus that sets up within 100 linear feet in a straight line of a special business event shall ask permission from the event and appear on the Special Business Event List of Vendors. 15. Zoning compliance. No license shall be granted for a Vendor unless allowed as a land use in the underlying zoning district(s) in which it operates except for Vendors selling frozen food products. 5.64.060 Specific Operating Standards. A. Food Vendors. With the exception of Vendors selling frozen food in residential areas, all other food Vendors selling ice cream and other food products shall follow the standards listed below: 1. Location. Business shall be conducted in commercial zones. The unit shall not block ingress or egress of any loading, parking or emergency access areas of the property or reduce required parking. 2. Structures. a. Food vending apparatus shall comply with all State of Utah health requirements. b. Food vending apparatus must be constructed of durable materials, and be designed with smooth impervious surfaces for easy cleaning. c. Carts shall be of sufficient lightweight construction that can be moved from place to place by one adult person without any auxiliary power. d. The area occupied by the apparatus or pushcart, together with the operator and any trash receptacle, cooler or chair, shall not exceed thirty-six (36) square feet of space. e. Carts. Sidewalk Vendor carts shall not exceed the dimensions of three feet (3') wide by eight feet (8') long by eight feet (8') high f. Umbrellas or canopies shall be a minimum of seven feet above the sidewalk if they extend beyond the edge of the cart. g. Seating may be provided as approved by City Council to include a table and up to six seats. Seating areas shall be located adjacent to the display and in no case exceed forty (40) square feet in area. B. Street Vendor. Street Vendors using motorized vehicles shall follow the display apparatus standards listed below: 1. Location. A Street Vendor may operate on public or private streets. Street Vendors shall not conduct business on state highways. Ordinance #2013-17 Page 6 of 12 a. Street vending vehicles shall not stop to conduct business in intersections or within crosswalks so that vehicular and pedestrian traffic will remain unhindered. b. Street vending vehicles selling frozen products from vehicles may operate in residential areas provided that the vehicle continues to travel through neighborhoods with stops only to conduct sales. The vehicle must generally remain mobile and in no case shall the vehicle be parked in a single location. c. Street food vending apparatus must be designed as a single, self contained unit, able to operate without the use of detached tables and counters, or require additional refrigeration facilities at the place of operation. 2. Size of Structure. Vehicles shall not exceed the dimensions of eight (8) feet wide by twenty-five (25) feet long and ten (10) feet in height. C. Sidewalk Vendors. Sidewalk Vendors using human -propelled carts, packs, baskets, or hand held displays shall follow the display apparatus standards listed below: 1. Location. A Sidewalk Vendor may operate on the sidewalk in the public right-of-way with written permission from the city. a. No permit shall be approved for locations on city non -motorized trail systems. b. Sidewalk vending apparatus shall not locate on corners or at intersections where it may cause line of sight issues for pedestrians or motorists. Carts shall be located so the flow of pedestrians is not impeded and be positioned along the route at the curbside of the sidewalk. c. Sidewalk vending apparatus shall not locate within ten (10) feet of any doorway to an existing business. d. Sidewalk Vendors selling food or frozen product from a pushcart may travel along the streets with stops only to conduct sales of food products. e. A minimum of five (5) feet open sidewalk space for the passage of pedestrians shall be maintained at all times. 2. Carts. Sidewalk Vendor carts shall not exceed the dimensions of three feet (3') wide by eight feet (8') long by eight feet (8') high. The area occupied by the cart, together with the operator and any trash receptacle, ice cooler or chair, shall not exceed thirty-five (35) square feet of adjacent sidewalk space. The structures shall be moved on air -filled rubber tires and be of sufficiently lightweight construction that it can be moved from place to place by one adult person without auxiliary power. The device or cart shall not be motorized so as to move on its own power. Hard casters for wheels are prohibited. D. Private Property Vendors. Display Apparatus. 1. StructuresNehicles. a. Dimensions: No display apparatus shall exceed the dimensions of one -hundred twenty (120) square feet (10'X12'). Ordinance ##2013-17 Page 7 of 12 b. Construction: All display apparatus shall be constructed in a sturdy manner so that there is no risk to the public of having the display apparatus collapse or break. c. Umbrellas Permitted: An umbrella or awning may be attached to the display apparatus so as to shelter the Vendor. i. Umbrellas or canopies shall provide a minimum of six feet six inches of head room above the sidewalk if they extend beyond the edge of the cart. ii. Umbrellas or canopies shall not exceed one -hundred twenty (120) square feet in area. d. All accoutrements must be contained in a 3 x 5 area adjacent to the display apparatus. e. Display apparatus that cannot be adequately secured during off -business times shall be removed from the property at the end of each working day. 2. Location. All display apparatus shall be located on private property in Commercial zones. E. Temporary Display —Permanent Business. A. A structure or display apparatus shall not exceed twenty percent of the permanent business building's area and is limited to a term not to exceed twelve (12) months commencing at the issuance date of the permit. Apparatus must meet all applicable building, health and fire codes for intended use. Structures are limited to commercial zones and do not require Moab City Council approval if they comply with the following: 1. Existing businesses that place racks, tables, tents, canopies, awnings, outside displays of lot sales at their place of business, are exempt from the requirement of Moab City Council review and approval if they are less than 200 square feet in size. 2. Where located along public sidewalks, such displays shall be located as close as possible to the main business building. 3. A minimum clear sidewalk width of five (5) feet shall be maintained for pedestrian traffic to pass. 4. All merchandise displays shall be removed at the end of each business day and stored indoors. 5. Required parking spaces shall not be used for this activity. 5.64.070 Prohibited Practices. A. It is unlawful for any Vendor to conduct business in such a manner as to impede or inconvenience any public use area, including, but not limited to streets, alleys, sidewalks, and public rights -of -way. B. It is unlawful for any Vendor to: 1. Persist or remain on private property after the owner or occupant has directed the Vendor to leave; Ordinance #2013-17 Page 8 of 12 2. Initiate telephone, mail, or in person contact with a customer or prospective customer after that person has provided notice to the Vendor directing that all such contact shall cease; 3. Engage in business past the hour of ten p.m. or prior to seven a.m.; 4. Engage in a pattern of contacts, whether in person, by telephone, or via mail or computer which, viewed in terms of their frequency, duration, or consent, are likely to be offensive, annoying, or disturbing to the recipient. 5. Yell, sing, or call out to passersby to interest them in the Vendor's merchandise. 6. No Vendor shall operate within ten (10) feet of any fixed base retail establishment or other Vendor offering the same or substantially similar goods or services. 5.64.080 Application. A. Only complete applications will be accepted. In addition to the application information required of all business license applicants generally, as provided in Section 5.04.030, applications shall be submitted on a form provided by the City Treasurer and shall require the applicant to furnish the following items and information: 1. Name, address and telephone number of the Vendor. 2. Name, address and telephone number of the Vendor, if different from owner. 3. Identification of site or sites where the Vendor will operate. 4. Signed agreement with property owner to use adjacent restroom facilities 5. All applicable fees for obtaining a Vendor's License shall be paid in full at the time of application. Permit fees are non-refundable. (Refer to the City's fee schedule for annual license fees.) 6. A certificate of insurance is required for anyone operating on city property or in the rights -of -way. 7. A description of the display apparatus or cart, if applicable, including photographs and scale drawings with construction plans and specifications of any vending apparatus to be used in the business for which the permit application is fled. Include the license plate number of motor vehicles, if any. The description/drawings shall show: a. Dimensions of the structure and all attached signage. b. Site plan to a scale of not less than 1/8" equals one foot and showing: i. The complete perimeter of the property with dimensions ii. All existing structures and dimensions iii. All distances from buildings and property lines iv. Locations of all drives, parking areas, loading areas, and sign locations on the property v. Landscaped areas with dimensions vi. All easements impacting the property vii. A11 parking for the host property and highlighting the parking for the vendor business. 8. Identification of the location(s) in the city where the applicant proposes to carry on business, and the length of time and/or specific dates, which it is proposed that such business be conducted, together with the proposed hours of operations. Ordinance #12013-17 Page 9 of 12 9. For applicants proposing operation in residential zones, a complete record of the applicant with respect to any disqualifying criminal conviction or a statement by the applicant that no such conviction exists in addition to a comprehensive, criminal background check. 10. Written evidence of compliance from the Zoning Administrator that the use is allowed in the zoning district in which the applicant proposes to operate. 11. Proof of state sales tax certificate, if applicable, and compliance with all other applicable state and federal requirements for the particular business for which a permit is requested. 12. Local Vendor applicants must submit a copy of a current city business license or Grand County business license. 13. A description of the type of goods, wares, services or merchandise to be sold or offered for sale. 14. Statement of authorization from the property owner(s) of the location(s) where the applicant intends to conduct business. 15. If applicable, a statement of authorization from the special event sponsor if applicant intends to conduct business on the premises of a special business event, as defined by Chapter 5.09 of this code. 16. Payment of the applicable license application fee. 17. An inspection report from the Southeastern Utah Health District Sanitarian, dated not more than ten days prior to the date of application, if applicant proposes to handle or offer foodstuffs for sale. 18. A refuse and recycling plan explaining how refuse and recycling disposal will be dealt with on site. 19. If the permittee, during any time of operation, wishes to modify the display apparatus in a way that varies from the drawing or photo submitted at the time of application, the permittee must obtain prior approval from the City of Moab. Failure to obtain prior approval for modification of any apparatus, or any failure to provide a complete list of items to be offered for sale is a violation of the permit. B. Applicants for a solicitor's license shall submit the general information specified in Moab Municipal Code Section 5.04.030, or the transient merchant information specified in Section 5.08.020. C. The applicant must verify that the condition, location, parking requirements and use of the structure or vehicle will comply with all city ordinances and other applicable codes. 5.64.090 Licenses —Issuance. The City Treasurer and City Recorder shall review the application for completeness for licenses under this chapter. A recommendation from City Staff shall accompany the application to the Moab City Council who shall determine if the application is satisfactory. After the Moab City Council's approval, the Ordinance #2013-17 Page 10 of 12 City Recorder will issue a local Vendor license or peddler license, showing: 1. The number of the license, 2. The date of issuance, 3. The nature of the business authorized to be carried on, 4. The license fee paid, 5. The location (s) of the business 6. The license term, and 7. The company name(s) of the person(s) authorized to conduct business. 5.64.100 Modification of License. A. If the permittee, during any time of operation, wishes to modify the display apparatus in a way that varies from the drawing or photo submitted at the time of application, the permittee must obtain prior approval from the Moab City Council. Failure to obtain prior approval for modification of any display apparatus, or any failure to provide a complete list of items to be offered for sale is a violation of the permit. 5.64.110 Grounds for denial. A. A Vendor license may be denied by the Moab City Council based upon any of the criteria in Section 5.04.040. In addition, the Moab City Council may base denial, in whole or in part, upon the existence of site -specific impacts of the proposed license which render it incompatible with neighboring uses or a history of past violations or complaints. B. For applicants proposing operation in residential zones, grounds for denial will include findings from a criminal background check that include any of the following: 1. Listing of the person on the Sex Offender Register or is subject to an Extended Supervision Order under the Serious Sex Offender Monitoring Act. 2. Relevant offenses against the Sex Offender Registration Act or the Serious Sex Offender Monitoring Act. 3. Convictions and finding of guilt for serious sexual, serious violence and/or drug offenses. 4. Pending charges for serious sexual, serious violence and/or drug offenses. 5. Sale and delivery of drugs if the conviction was within the past five years. 5.64.120 Appeal of denial. An applicant denied a Vendor license by action of the Moab City Council may appeal that decision to the district court by filing an action within thirty days of denial. Exhaustion of administrative remedies and timely appeal shall be a jurisdictional prerequisite to judicial review. 5.64.130 License —Display. The license issued under this chapter shall be posted conspicuously in the place or places of business named therein. 5.64.140 License —Fees. Vendor license fees shall be established pursuant to the procedures and criteria established in Sections 5.04.020 and 5.64. The license fees imposed by this chapter shall be in addition to any other fees Ordinance #2013-17 Page 11 of 12 applicable to the particular business use imposed by the provision of this code. 5.64.150 License —Nontransferable. Any license issued pursuant to this chapter is not transferable by the licensee. 5.64.160 License —Revocation —Causes. Licenses under this chapter may be revoked by the Moab City Council for any of the causes specified in Section 5.04.080, in addition to the following: A. Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise; B. Any violation of the General or Specific Operating Standards; C. Operation of the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. 5.64.170 License —Revocation —Notice, right to cure, procedure. Revocation of a license issued under this chapter shall be pursuant to the procedures and requirements specified in Section 5.04.090. 5.64.180 License --term. All licenses issued under this chapter shall expire one year from the date of issuance, unless a prior date is specified. Licensees wishing to reapply for a new license at the end of the specified term shall submit a renewal application and license fee at least thirty days prior to expiration. All applications shall be reviewed and approved by the Moab City Council, as provided for initial license applications described in 5.64.070. Passed and adopted by action of the Governing Body of the City of Moab in open session this 10'1' day of September, 2013. City of Mayor Pro-Tem Kirstin Pet - rson irt7C LA. i`1.. . _t Rachel E. Stenta, City Recorder Ordinance #2013-17 Page 12 of 12 CITY OF MOAB ORDINANCE #2013-17 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, REPEALING AND REPLACING CHAPTER 5.64, MOVED -ON TEMPORARY COMMERCIAL STRUCTURES Ordinance #2013-17 was adopted at a Regular City Council Meeting held on September 10, 2013 at the Moab City Council Chambers, 217 East Center Street, Moab, Utah 84532. A complete copy of Ordinances #2013-17 is available online at www.moabcity.org or at the City of Moab Recorder's Office at 217 East Center Street Moab, Utah 84532. /sl Rachel E. Stenta City Recorder/Assistant City Manager Published in The Times -Inde- pendent, Moab, Utah September 26, 2013. Proof of Publication STATE OF UTAH, ss. County of Grand, ) Zane W. Taylor, being first duly sworn accord- ing to law, deposes and says: That he is the pubisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah, and a designated agent of the Utah Press Association; that the notice attached hereto and which is a copy of a City of Moab Ordinance #2013-17 which is made a part of this Affidavit of Publication, was published in said newspaper for a period of 1 consecu- tive issues, the first publication date having been made September 26, 2013 ; and the last on ; and the said notice was published in each and every copy of said newspaper during the period and time of publica- tion, and that it was published in the newspaper proper and not in a supplement thereof, and that said notice was published on Utahlegals.com on the same day as the first newspaper publication and the notice remained on Utah- legals.com throughout the period and time of print pub- lication. Publisher Subscribed and sworn before me this PLiA)/1- Notary Public Residing in Moab, Utah My Commission Expires