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ORDINANCE #2008-26
AN ORDINANCE AMENDING TITLE 8, HEALTH AND SAFETY, WITH THE ADDITION OF A NEW
CHAPTER ADDRESSING VIOLATIONS FOR OVERNIGHT CAMPING ON UNAUTHORIZED
AREAS AND PROPERTIES
WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") in an effort to
encourage and facilitate orderly growth and development in the City as well as to promote a more
attractive and wholesome environment; and,
WHEREAS, through the adoption of Section Title 8.00, Health and Safety, Council established a
means whereby the municipality may remove or abate or cause the removal or abatement of
public nuisances pursuant to the powers granted to it by Chapter 11 of Title 10, Utah Code
Annotated, 1953, as amended; and,
WHEREAS, it is declared that the activity of overnight camping occurring in areas that are not
designated campgrounds or recreational vehicle parks is hereby declared to be a nuisance, as
defined in UCA, 78-38-1 (1997), due to concerns relating to sanitation, fire hazards, litter and trash,
and disturbance of the peace of surrounding neighbors.
WHEREAS, the City of Moab City Council ("Council") held a duly advertised public hearing on July
22, 2008, to hear testimony and decide the merits of this code amendment to Title 8.00, Health and
Safety; and,
WHEREAS, Council found that the Code amendments are appropriate to the objectives and
character of the General Plan and that the curtailment of the use of overnight camping will enhance
the health, safety, convenience, order, prosperity, and general welfare of the citizens of the City of
Moab.
NOW, THEREFORE, the Moab City Council hereby amends Chapter 8.00, Health and Safety, of the
Moab Municipal Code with the addition of a new Section 8.20, Overnight Camping, by adopting
language that reads:
Chapter 8.20.010, Overnight Camping- Camping in Undesignated Areas
It is an infraction for any person to establish a temporary site for the purpose of human
habitation to provide overnight or short term camping on a public or private road, street, alley,
or lot, other than in designated campgrounds or recreational vehicle parks, within Moab City
Limits. Any camping equipment left standing in violation of this Section may be impounded or
removed by a peace officer or designated official. For purposes of impoundment and/or
removal, a peace officer or designated official may, after making a reasonable effort to locate
the owner, impound and remove any vehicle, trailer, or associated camping equipment. The
cost of fines, fees for impoundment for each day that it is held in storage, and removal costs
shall be charged to the owner or any person who claims the impounded equipment, trailer or
vehicle.
Ordinance #2008-26 Page 1 of 2
Ordinance # 2008-DRAFT 2
Overnight Camping
8.20.020, Overnight Camping -Use of Public Property.
It is an infraction for any person to engage in camping upon any public right-of-way, public
property, park, or other property owned by a governmental entity and not a designated
campground or recreational vehicle park within the Moab City limits during the hours of 11:00
p.m. and 6:00 a.m. Any camping equipment left standing in violation of this Section may be
impounded or removed by a peace officer or designated official as provided in Section
8.20.010.
8.20.030 Camping Defined
A. purposes of this Chapter 8.20„ the term "camping" means to establish, for human
habitation or temporary lodging any tent, lean-to, tepee, yurt, hut, tarp, sleeping bag,
blanket, vehicle, trailer, camper, or other means of shelter as temporary lodging out of
doors for vacation, outings, or other outdoor recreation purposes, or for any business
purpose. Nothing contained in this definition shall prevent the use of umbrellas, sun
shades, or other usual equipment for temporary protection from the sun or elements
and not for human habitation or overnight use. The term "camping" as used in this
Chapter shall not be defined to include any camping activity authorized pursuant to a
Special Event or Special Business Event license issued by the City pursuant to the
provisions of Chapter 5.09. PASSED AND APPROVED in open session by a majority
vote of the Moab City Council on August 26, 2008.
David L. Sakrison, Mayor
ST:
Rachel Ellison, Recorder