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HomeMy Public PortalAboutPKT-CC-2021-04-27 - AmendedAPRIL 27, 2021 PRE -COUNCIL WORKSHOP 6:00 P.M. REGULAR MEETING 7:00 P.M. Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernment Pre -Council Workshop -6:00 pm Proposed Ordinance 2021 -07: An Ordinance Repealing and Replacing Moab Municipal Code Chapter 8.24 Discussion agenda summary -ordinance 2021 -07 for the april 27, 2021 meeting.pdf attachment 1 -noise control ordinance no. 2021 -07 - redline.pdf attachment 2 -ordinance no. 2021 -07 -clean version.pdf attachment 3 -grand county ordinance, title 11 -noise pollution, approved by cc 4.20.21.pdf attachment 4 - moab municipal chapter 4.03.pdf attachment 5 - moab municipal code 12.20.010.pdf Regular City Council Meeting - 7:00 p.m. Call to Order and Roll Call Attendance Citizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 882 7674 8859 Passcode (if needed): 023843 Link: https://us02web.zoom.us/j/88276748859? pwd=y2ver1hqkzqyzjgxb2nyetzisg92ut09 Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/citizenstobeheard You must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words. Administrative Reports City Manager Updates COVID -19 Updates Briefing on City's fire restrictions (burn ban and fireworks) Mayor and Council Reports Approval of Minutes Minutes: April 13, 2021, Regular Meeting min -cc -2021 -04 -13 draft.pdf Minutes: April 20, 2021, Special Meeting min -cc -2021 -04 -20 draft.pdf Old Business Proposed Ordinance 2021 -07: An Ordinance Repealing and Replacing Moab Municipal Code Chapter 8.24 Briefing and possible action agenda summary - ordinance 2021 -07 for the april 27, 2021 meeting.pdf attachment 1 - noise control ordinance no. 2021 -07 - redline.pdf attachment 2 - ordinance no. 2021 -07 - clean version.pdf attachment 3 - grand county ordinance, title 11 - noise pollution, approved by cc 4.20.21.pdf attachment 4 - moab municipal chapter 4.03.pdf attachment 5 - moab municipal code 12.20.010.pdf Proposed Resolution 20 -2021: A Resolution Requesting Inclusion of the City of Moab, Utah in the Municipal Alternative Voting Methods Pilot Project Briefing and possible action resolution 20 -2021 agenda summary.pdf resolution 20 -2021.pdf res -cc -2019 -37.pdf draft moab ila.pdf New Business Consent Agenda Proposed Resolution 18 -2021: A Resolution Continuing and/or Renewing the Local Emergency Proclamation due to the Economic Impact of Covid -19 Novel Coronavirus on the City of Moab Briefing and possible action resolution no. 18 -2021 agenda summary.pdf attachment 1 - 2021 02 -03 local emergency proclamation for restaurants due to covid -19.pdf attachment 2 - res -cc -2021 -05.pdf revised attachment 3 - resolution 18 -2021 - extending emergency order.pdf Proposed Resolution 19 -2021: A Resolution by the Moab City Council to Adopt the City of Moab Tentative Budget for Fiscal Year 2021 -2022 and Setting a Public Hearing for Review of the Final Budget on May 11, 2021, at 7:00 PM Briefing and possible action resolution 19 -2021 tentative budget agenda summary.pdf resolution 19 -2021 tentative budget.pdf Proposed Ordinance 2021 -10: A Text Amendment to Moab Municipal Code Title 4 "Special Event and Street Performer Permits" Creating 4.21.010 and a Text Amendment to Moab Municipal Code Section 12.20.040 Briefing and possible action agenda summary - ordinance 2021 -10.pdf attachment 1 - ord -cc -2019 -25.pdf attachment 2 - ordinance no. 2021 -10.pdf Presentation and Discussion Regarding UDOT's Proposed Moab Transit Service Alternatives Briefing and possible action moab transit alternatives agenda summary.pdf moab service alternatives presentation.pdf moab transit study travel needs and market analysis.pdf Proposed Ordinance 2021 -09: Text Amendments to Moab Municipal Code 12.20.005 Modifying the Definition of Motorized Vehicle and Adding a Definition for E -Bikes Briefing and possible action agenda summary - ordinance 2021 -09.pdf attachment 1 - mmc 12.20.060.pdf attachment 2 - mmc 12.20.005.pdf attachment 3 - 1993 09 15 fiscal assistance agreement - riverway enhancement program.pdf attachment 4 - tea -21 - fact sheet bicycle transportation and pedestrian walkways.pdf attachment 5 - ordinance no. 2021 -09.pdf Discussion Regarding Bird Scooter's Proposal to Enter into a Temporary Operating Agreement with the City for a Pilot Program Briefing and possible action bird scooter pilot program agenda summary.pdf moab and bird.pdf bird intro.pdf sb0139 2019.pdf Proposed Resolution 21 -2021: A Resolution Adopting the 2021 -2025 Capital Improvement Project List Briefing and possible action resolution 21 -2021 agenda summary.pdf resolution 21 -2021 cip list.pdf fy22 cip prioritization list.pdf Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder ’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1. 1.1. Documents: 2. 2.1. 3. 4. 4.1. 4.1.a. 4.2. 5. 6. 6.1. Documents: 6.2. Documents: 7. 7.1. Documents: 7.2. Documents: 8. 8.1. 8.1.a. Documents: 8.1.b. Documents: 8.1.c. Documents: 8.2. Documents: 8.3. Documents: 8.4. Documents: 8.5. Documents: 9. 10. APRIL 27, 2021PRE-COUNCIL WORKSHOP 6:00 P.M. REGULAR MEETING 7:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernmentPre-Council Workshop -6:00 pmProposed Ordinance 2021 -07: An Ordinance Repealing and Replacing Moab Municipal Code Chapter 8.24Discussionagenda summary -ordinance 2021 -07 for the april 27, 2021 meeting.pdfattachment 1 -noise control ordinance no. 2021 -07 -redline.pdfattachment 2 -ordinance no. 2021 -07 -clean version.pdfattachment 3 -grand county ordinance, title 11 -noise pollution, approved by cc 4.20.21.pdfattachment 4 - moab municipal chapter 4.03.pdfattachment 5 - moab municipal code 12.20.010.pdfRegular City Council Meeting - 7:00 p.m.Call to Order and Roll Call AttendanceCitizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 882 7674 8859 Passcode (if needed): 023843Link: https://us02web.zoom.us/j/88276748859? pwd=y2ver1hqkzqyzjgxb2nyetzisg92ut09 Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/citizenstobeheard You must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words. Administrative Reports City Manager Updates COVID -19 Updates Briefing on City's fire restrictions (burn ban and fireworks) Mayor and Council Reports Approval of Minutes Minutes: April 13, 2021, Regular Meeting min -cc -2021 -04 -13 draft.pdf Minutes: April 20, 2021, Special Meeting min -cc -2021 -04 -20 draft.pdf Old Business Proposed Ordinance 2021 -07: An Ordinance Repealing and Replacing Moab Municipal Code Chapter 8.24 Briefing and possible action agenda summary - ordinance 2021 -07 for the april 27, 2021 meeting.pdf attachment 1 - noise control ordinance no. 2021 -07 - redline.pdf attachment 2 - ordinance no. 2021 -07 - clean version.pdf attachment 3 - grand county ordinance, title 11 - noise pollution, approved by cc 4.20.21.pdf attachment 4 - moab municipal chapter 4.03.pdf attachment 5 - moab municipal code 12.20.010.pdf Proposed Resolution 20 -2021: A Resolution Requesting Inclusion of the City of Moab, Utah in the Municipal Alternative Voting Methods Pilot Project Briefing and possible action resolution 20 -2021 agenda summary.pdf resolution 20 -2021.pdf res -cc -2019 -37.pdf draft moab ila.pdf New Business Consent Agenda Proposed Resolution 18 -2021: A Resolution Continuing and/or Renewing the Local Emergency Proclamation due to the Economic Impact of Covid -19 Novel Coronavirus on the City of Moab Briefing and possible action resolution no. 18 -2021 agenda summary.pdf attachment 1 - 2021 02 -03 local emergency proclamation for restaurants due to covid -19.pdf attachment 2 - res -cc -2021 -05.pdf revised attachment 3 - resolution 18 -2021 - extending emergency order.pdf Proposed Resolution 19 -2021: A Resolution by the Moab City Council to Adopt the City of Moab Tentative Budget for Fiscal Year 2021 -2022 and Setting a Public Hearing for Review of the Final Budget on May 11, 2021, at 7:00 PM Briefing and possible action resolution 19 -2021 tentative budget agenda summary.pdf resolution 19 -2021 tentative budget.pdf Proposed Ordinance 2021 -10: A Text Amendment to Moab Municipal Code Title 4 "Special Event and Street Performer Permits" Creating 4.21.010 and a Text Amendment to Moab Municipal Code Section 12.20.040 Briefing and possible action agenda summary - ordinance 2021 -10.pdf attachment 1 - ord -cc -2019 -25.pdf attachment 2 - ordinance no. 2021 -10.pdf Presentation and Discussion Regarding UDOT's Proposed Moab Transit Service Alternatives Briefing and possible action moab transit alternatives agenda summary.pdf moab service alternatives presentation.pdf moab transit study travel needs and market analysis.pdf Proposed Ordinance 2021 -09: Text Amendments to Moab Municipal Code 12.20.005 Modifying the Definition of Motorized Vehicle and Adding a Definition for E -Bikes Briefing and possible action agenda summary - ordinance 2021 -09.pdf attachment 1 - mmc 12.20.060.pdf attachment 2 - mmc 12.20.005.pdf attachment 3 - 1993 09 15 fiscal assistance agreement - riverway enhancement program.pdf attachment 4 - tea -21 - fact sheet bicycle transportation and pedestrian walkways.pdf attachment 5 - ordinance no. 2021 -09.pdf Discussion Regarding Bird Scooter's Proposal to Enter into a Temporary Operating Agreement with the City for a Pilot Program Briefing and possible action bird scooter pilot program agenda summary.pdf moab and bird.pdf bird intro.pdf sb0139 2019.pdf Proposed Resolution 21 -2021: A Resolution Adopting the 2021 -2025 Capital Improvement Project List Briefing and possible action resolution 21 -2021 agenda summary.pdf resolution 21 -2021 cip list.pdf fy22 cip prioritization list.pdf Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder ’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1.1.1.Documents:2.2.1.3. 4. 4.1. 4.1.a. 4.2. 5. 6. 6.1. Documents: 6.2. Documents: 7. 7.1. Documents: 7.2. Documents: 8. 8.1. 8.1.a. Documents: 8.1.b. Documents: 8.1.c. Documents: 8.2. Documents: 8.3. Documents: 8.4. Documents: 8.5. Documents: 9. 10. APRIL 27, 2021PRE-COUNCIL WORKSHOP 6:00 P.M. REGULAR MEETING 7:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernmentPre-Council Workshop -6:00 pmProposed Ordinance 2021 -07: An Ordinance Repealing and Replacing Moab Municipal Code Chapter 8.24Discussionagenda summary -ordinance 2021 -07 for the april 27, 2021 meeting.pdfattachment 1 -noise control ordinance no. 2021 -07 -redline.pdfattachment 2 -ordinance no. 2021 -07 -clean version.pdfattachment 3 -grand county ordinance, title 11 -noise pollution, approved by cc 4.20.21.pdfattachment 4 - moab municipal chapter 4.03.pdfattachment 5 - moab municipal code 12.20.010.pdfRegular City Council Meeting - 7:00 p.m.Call to Order and Roll Call AttendanceCitizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 882 7674 8859 Passcode (if needed): 023843Link: https://us02web.zoom.us/j/88276748859?pwd=y2ver1hqkzqyzjgxb2nyetzisg92ut09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/citizenstobeheardYou must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.Administrative ReportsCity Manager UpdatesCOVID-19 UpdatesBriefing on City's fire restrictions (burn ban and fireworks)Mayor and Council ReportsApproval of MinutesMinutes: April 13, 2021, Regular Meetingmin-cc -2021 -04 -13 draft.pdfMinutes: April 20, 2021, Special Meetingmin-cc -2021 -04 -20 draft.pdfOld BusinessProposed Ordinance 2021 -07: An Ordinance Repealing and Replacing Moab Municipal Code Chapter 8.24Briefing and possible actionagenda summary - ordinance 2021 -07 for the april 27, 2021 meeting.pdfattachment 1 - noise control ordinance no. 2021 -07 -redline.pdfattachment 2 - ordinance no. 2021 -07 - clean version.pdfattachment 3 - grand county ordinance, title 11 - noise pollution, approved by cc 4.20.21.pdfattachment 4 - moab municipal chapter 4.03.pdfattachment 5 - moab municipal code 12.20.010.pdfProposed Resolution 20 -2021: A Resolution Requesting Inclusion of the City of Moab, Utah in the Municipal Alternative Voting Methods Pilot ProjectBriefing and possible actionresolution 20 -2021 agenda summary.pdfresolution 20 -2021.pdf res -cc -2019 -37.pdf draft moab ila.pdf New Business Consent Agenda Proposed Resolution 18 -2021: A Resolution Continuing and/or Renewing the Local Emergency Proclamation due to the Economic Impact of Covid -19 Novel Coronavirus on the City of Moab Briefing and possible action resolution no. 18 -2021 agenda summary.pdf attachment 1 - 2021 02 -03 local emergency proclamation for restaurants due to covid -19.pdf attachment 2 - res -cc -2021 -05.pdf revised attachment 3 - resolution 18 -2021 - extending emergency order.pdf Proposed Resolution 19 -2021: A Resolution by the Moab City Council to Adopt the City of Moab Tentative Budget for Fiscal Year 2021 -2022 and Setting a Public Hearing for Review of the Final Budget on May 11, 2021, at 7:00 PM Briefing and possible action resolution 19 -2021 tentative budget agenda summary.pdf resolution 19 -2021 tentative budget.pdf Proposed Ordinance 2021 -10: A Text Amendment to Moab Municipal Code Title 4 "Special Event and Street Performer Permits" Creating 4.21.010 and a Text Amendment to Moab Municipal Code Section 12.20.040 Briefing and possible action agenda summary - ordinance 2021 -10.pdf attachment 1 - ord -cc -2019 -25.pdf attachment 2 - ordinance no. 2021 -10.pdf Presentation and Discussion Regarding UDOT's Proposed Moab Transit Service Alternatives Briefing and possible action moab transit alternatives agenda summary.pdf moab service alternatives presentation.pdf moab transit study travel needs and market analysis.pdf Proposed Ordinance 2021 -09: Text Amendments to Moab Municipal Code 12.20.005 Modifying the Definition of Motorized Vehicle and Adding a Definition for E -Bikes Briefing and possible action agenda summary - ordinance 2021 -09.pdf attachment 1 - mmc 12.20.060.pdf attachment 2 - mmc 12.20.005.pdf attachment 3 - 1993 09 15 fiscal assistance agreement - riverway enhancement program.pdf attachment 4 - tea -21 - fact sheet bicycle transportation and pedestrian walkways.pdf attachment 5 - ordinance no. 2021 -09.pdf Discussion Regarding Bird Scooter's Proposal to Enter into a Temporary Operating Agreement with the City for a Pilot Program Briefing and possible action bird scooter pilot program agenda summary.pdf moab and bird.pdf bird intro.pdf sb0139 2019.pdf Proposed Resolution 21 -2021: A Resolution Adopting the 2021 -2025 Capital Improvement Project List Briefing and possible action resolution 21 -2021 agenda summary.pdf resolution 21 -2021 cip list.pdf fy22 cip prioritization list.pdf Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder ’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1.1.1.Documents:2.2.1.3.4.4.1.4.1.a.4.2.5.6.6.1.Documents:6.2.Documents:7.7.1.Documents:7.2.Documents: 8. 8.1. 8.1.a. Documents: 8.1.b. Documents: 8.1.c. Documents: 8.2. Documents: 8.3. Documents: 8.4. Documents: 8.5. Documents: 9. 10. APRIL 27, 2021PRE-COUNCIL WORKSHOP 6:00 P.M. REGULAR MEETING 7:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernmentPre-Council Workshop -6:00 pmProposed Ordinance 2021 -07: An Ordinance Repealing and Replacing Moab Municipal Code Chapter 8.24Discussionagenda summary -ordinance 2021 -07 for the april 27, 2021 meeting.pdfattachment 1 -noise control ordinance no. 2021 -07 -redline.pdfattachment 2 -ordinance no. 2021 -07 -clean version.pdfattachment 3 -grand county ordinance, title 11 -noise pollution, approved by cc 4.20.21.pdfattachment 4 - moab municipal chapter 4.03.pdfattachment 5 - moab municipal code 12.20.010.pdfRegular City Council Meeting - 7:00 p.m.Call to Order and Roll Call AttendanceCitizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 882 7674 8859 Passcode (if needed): 023843Link: https://us02web.zoom.us/j/88276748859?pwd=y2ver1hqkzqyzjgxb2nyetzisg92ut09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/citizenstobeheardYou must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.Administrative ReportsCity Manager UpdatesCOVID-19 UpdatesBriefing on City's fire restrictions (burn ban and fireworks)Mayor and Council ReportsApproval of MinutesMinutes: April 13, 2021, Regular Meetingmin-cc -2021 -04 -13 draft.pdfMinutes: April 20, 2021, Special Meetingmin-cc -2021 -04 -20 draft.pdfOld BusinessProposed Ordinance 2021 -07: An Ordinance Repealing and Replacing Moab Municipal Code Chapter 8.24Briefing and possible actionagenda summary - ordinance 2021 -07 for the april 27, 2021 meeting.pdfattachment 1 - noise control ordinance no. 2021 -07 -redline.pdfattachment 2 - ordinance no. 2021 -07 - clean version.pdfattachment 3 - grand county ordinance, title 11 - noise pollution, approved by cc 4.20.21.pdfattachment 4 - moab municipal chapter 4.03.pdfattachment 5 - moab municipal code 12.20.010.pdfProposed Resolution 20 -2021: A Resolution Requesting Inclusion of the City of Moab, Utah in the Municipal Alternative Voting Methods Pilot ProjectBriefing and possible actionresolution 20 -2021 agenda summary.pdfresolution 20 -2021.pdfres-cc -2019 -37.pdfdraft moab ila.pdfNew BusinessConsent AgendaProposed Resolution 18 -2021: A Resolution Continuing and/or Renewing the Local Emergency Proclamation due to the Economic Impact of Covid -19 Novel Coronavirus on the City of MoabBriefing and possible actionresolution no. 18 -2021 agenda summary.pdfattachment 1 - 2021 02 -03 local emergency proclamation for restaurants due to covid -19.pdfattachment 2 - res -cc -2021 -05.pdfrevised attachment 3 - resolution 18 -2021 - extending emergency order.pdfProposed Resolution 19 -2021: A Resolution by the Moab City Council to Adopt the City of Moab Tentative Budget for Fiscal Year 2021 -2022 and Setting a Public Hearing for Review of the Final Budget on May 11, 2021, at 7:00 PMBriefing and possible actionresolution 19 -2021 tentative budget agenda summary.pdfresolution 19 -2021 tentative budget.pdfProposed Ordinance 2021 -10: A Text Amendment to Moab Municipal Code Title 4 "Special Event and Street Performer Permits" Creating 4.21.010 and a Text Amendment to Moab Municipal Code Section 12.20.040Briefing and possible actionagenda summary - ordinance 2021 -10.pdfattachment 1 - ord -cc -2019 -25.pdfattachment 2 - ordinance no. 2021 -10.pdfPresentation and Discussion Regarding UDOT's Proposed Moab Transit Service AlternativesBriefing and possible actionmoab transit alternatives agenda summary.pdfmoab service alternatives presentation.pdfmoab transit study travel needs and market analysis.pdfProposed Ordinance 2021 -09: Text Amendments to Moab Municipal Code 12.20.005 Modifying the Definition of Motorized Vehicle and Adding a Definition for E -BikesBriefing and possible actionagenda summary - ordinance 2021 -09.pdf attachment 1 - mmc 12.20.060.pdf attachment 2 - mmc 12.20.005.pdf attachment 3 - 1993 09 15 fiscal assistance agreement - riverway enhancement program.pdf attachment 4 - tea -21 - fact sheet bicycle transportation and pedestrian walkways.pdf attachment 5 - ordinance no. 2021 -09.pdf Discussion Regarding Bird Scooter's Proposal to Enter into a Temporary Operating Agreement with the City for a Pilot Program Briefing and possible action bird scooter pilot program agenda summary.pdf moab and bird.pdf bird intro.pdf sb0139 2019.pdf Proposed Resolution 21 -2021: A Resolution Adopting the 2021 -2025 Capital Improvement Project List Briefing and possible action resolution 21 -2021 agenda summary.pdf resolution 21 -2021 cip list.pdf fy22 cip prioritization list.pdf Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder ’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1.1.1.Documents:2.2.1.3.4.4.1.4.1.a.4.2.5.6.6.1.Documents:6.2.Documents:7.7.1.Documents:7.2.Documents:8.8.1.8.1.a.Documents:8.1.b.Documents:8.1.c.Documents:8.2.Documents:8.3.Documents: 8.4. Documents: 8.5. Documents: 9. 10. 1 Moab City Council Agenda Item Meeting Date: April 27, 2021 Item: Ordinance No. 2021-07 - A Text Amendment to the Moab Municipal Code Repealing and Replacing Chapter 8.24 “Noise” Staff Presenter: Laurie Simonson, City Attorney Disposition: Discussion and possible action Attachments: - Attachment 1: Redlined version of the draft of Ordinance No. 2021-07 presented to the Council at the April 13, 2021 City Council meeting - Attachment 2: Ordinance No. 2021-07 - A Text Amendment to the Moab Municipal Code Repealing and Replacing Chapter 8.24 “Noise” - Attachment 3: Grand County adopted Ordinance, Title 11, Noise Pollution - Attachment 4: Moab Municipal Code, Chapter 4.03, Special Event Permits Required-Application and Review Procedure - Attachment 5: Moab Municipal Code §12.20.010 Proposed Motion: “I move to approve Ordinance No. 2021-07 - A Text Amendment to the Moab Municipal Code Repealing and Replacing Chapter 8.24 ‘Noise.’” Background: The City Council considered a draft of Ordinance No. 2021-07 at its regularly held City Council meeting on April 13, 2021. As stated at that meeting, the purpose of Ordinance No. 2021-07 (“Ordinance”) is to prevent noise pollution and excessive noise which may jeopardize the health, comfort, convenience, welfare, peace or safety of the citizens of Moab or degrade their quality of life. At the meeting on April 13, 2021, the Council provided guidance to staff 2 regarding several provisions of the draft Ordinance. Staff has included the changes upon which the Council had a general consensus. They are as follows: 1. Construction hours and maintenance exempted from the decibel limits from 7:00 am to 6:00 p.m. on weekdays and Saturdays 8:00 a.m. to 6:00 p.m. (See Attachment 1 at page 10.) 2. Night-time hours from 10:00 p.m. to 7:00 a.m. the following day Monday – Saturday and 9:00 a.m. on Sunday. (See Attachment 1 throughout.) 3. Exempt the High School from the Ordinance. (See Attachment 1 at page 11.) 4. Update the word “phonograph” to the word “speaker.” (See Attachment 1 at page 7.) In addition, several Councilmembers communicated with staff directly after the April 13, 2021 meeting with corrections, comments, suggestions or questions regarding the draft Ordinance. Staff has made changes to the Ordinance to address any necessary corrections and to make suggested stylistic changes. Staff has not made any policy changes to the Ordinance based upon any communication received after the Council meeting but has captured those policy questions at the end of this Agenda Summary and requests specific direction as to these questions. Further revisions to the draft Ordinance include the following: 1. Staff has included an exception for Public Works operations and activities in §8.24.050 Sound Levels by Receiving Land Use, Section B “Exemptions.” (See Attachment 1 at page 11.) 2. As staff explained at the April 13, 2021 meeting, staff placed certain provisions of the draft Ordinance in brackets to highlight areas where particular guidance was needed from the Council. Staff has removed the brackets. (See Attachment 1 throughout.) 3. Staff has put the draft Ordinance in the format necessary for adoption by the Council. (See Attachment 1 throughout.) 3 A redlined version of the draft Ordinance is attached to this Agenda Summary as Attachment 1. A clean version of the Ordinance in the format necessary for adoption is attached as Attachment 2. As additional background, on April 20, 2021, the Grand County Commission passed a revision of the County’s noise regulations. (See Attachment 3.) Key provisions of that Ordinance include: 1. A definition of night-time or “restricted” hours as “from 9 pm to 7 am (and 9 pm to 9 am on Sunday), except during the summer months, defined as May through September, when the Restricted Hours are from 10 pm to 6 am.” (Attachment 3 at page 4.) 2. A decibel limit of 92 dBA for the 20” stationary tailpipe test for ATVs and vehicles under 9,000 pounds. (Attachment 3 at page 6.) 3. EPA sticker requirement. (Attachment 3 at page 8.) The decibel limits proposed in this Ordinance are consistent with those enacted by Grand County. For example, the County has enacted a 92 dBA limit measured by a 20” stationary test for ATVs and all other vehicles weighing less than 9,000 pounds. (See Attachment 3 at page 6.) This Ordinance proposes a 92 dBA limit for motor vehicles when measured by a 20” stationary test during daytime hours. (See Attachment 1 at page 12.) The County’s ordinance enacted a maximum sound pressure level of 80 dBA for vehicles weighing less than 9,000 pounds measured by a 25’ pass by test during daytime hours and 78 dBA for nighttime hours. (See Attachment 3 at pages 6-7.) This Ordinance proposes the same DBA limits for daytime hours and nighttime hours. (See Attachment 1 at page 13.) The County’s ordinance also enacted a maximum sound pressure level of 74 dBA for vehicles weighing less than 9,000 pounds measured by a 50’ pass by test during daytime hours and 72 dBA for nighttime hours. (See Attachment 3 at page 7.) This Ordinance proposes the same DBA limits for daytime hours and nighttime hours. (See Attachment 1 at page 13.) 4 Regarding the decibel limits for the stationary test, Clif Koonz performed a stationary 20” tailpipe test on Kent Green’s 2020 Kawasaki KRX ATV which has 3,000 miles and it tested at 91 dBA. Therefore, local business owners feel that their fleets would comply with a 92 dBA stationary tailpipe test. The Motorized Trail Committee supports a 92 dBA limit for the stationary tailpipe test. With regard to the night-time decibel limits for vehicles, many local ATV business owners have indicated that they support those hours being 10:00 p.m. to 7:00 a.m. and have indicated that this would not impact their sunset tours. Mr. Ken Green has indicated that he can live with these hours. Jeremy Rowan of Outlaw Jeep is agreeable to these hours as are Moab Tours, and Epic 4x4 among others based upon comments made at the County or Chamber listening sessions. Many local companies have indicated that they are also following voluntary nighttime curfews for their rental fleets. Additionally, there was a strong sentiment conveyed at the listening sessions that the noise regulations adopted by the City and County be consistent. Finally, this Ordinance does not create fleet caps or restrictions on land use or business licensing. This Ordinance is solely a revision of the City’s noise regulations and does not change the City’s land use or business licensing regulations. Questions for Council to answer: 1. What night-time hours does the Council want for the dBA limit for vehicles (i.e. 10:00 pm to 7:00 am the following day Monday – Saturday and 9:00 a.m. on Sunday)? 2. What decibel limit does the Council want for vehicles (i.e. 92 dBA for the stationary tailpipe test)? 3. Does the Council want to include an annual decrease in the dBA limits? 4. Do the hours for construction and maintenance as stated in the Ordinance reflect the Council’s intent? 5 5. Does the Council want to put night-time hours on the exclusion for the “unamplified human voice” (i.e. the unamplified human voice is excluded except for from 10:00 pm to 7:00 am the following day Monday – Saturday and 9:00 a.m. on Sunday)? 1 DRAFT - CITY OF MOAB, UTAH Noise Control ORDINANCE NO. 2021-07 AN ORDINANCE REPEALING AND REPLACING MOAB MUNICIPAL CODE CHAPTER 8.24 WHEREAS, excessive noise and vibration are serious hazards to public health, welfare, safety, and quality of life; WHEREAS, numerous studies have found that noise pollution increases anxiety, depression, high blood pressure, heart disease, and stroke and that small increases in unwanted ambient sound have significant health effects and that noise aggravates health conditions by inducing higher levels of stress; WHEREAS, a substantial body of science and technology exists by which excessive noise and vibration may be substantially abated; WHEREAS, people have a right to and should be ensured an environment free from excessive noise and vibration that may jeopardize their health, welfare, or safety or degrade their quality of life; WHEREAS, pursuant to Utah Code Annotated §10-8-76 Noise Abatement, a municipality may regulate noise; WHEREAS, pursuant to Utah Code Annotated §41-22-13 Prohibited Uses, “no person may operate an off-highway vehicle in connection with . . . damage to the environment which includes . . . excessive mechanical noise;” WHEREAS, pursuant to Utah Code Annotated §10-8-84 Ordinances, rules, and regulations -- Passage – Penalties, a municipal legislative body may “pass all ordinances and rules, and make all regulations, not repugnant to law, necessary for carrying into effect or discharging all powers and duties conferred by this chapter, and as are necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort, and convenience of the city and its inhabitants, and for the protection of property in the city;” WHEREAS, it is the policy of the City of Moab to prevent noise pollution and excessive noise which may jeopardize the health, comfort, convenience, welfare, peace or safety of its citizens or degrade their quality of life. NOW, THEREFORE BE IT ORDAINED by the Moab City Council that:, it is the policy of the City of Moab to prevent noise pollution and excessive noise which may jeopardize the health, comfort, convenience, welfare, peace or safety of its citizens or degrade their quality of lifeMoab Municipal Code Chapter 8.24 be repealed in its entirety and be replaced with the following:. 8.24.010 Short Title This Ordinance is titled and may be cited as the Noise Control Ordinance or Chapter of the Formatted: Indent: Left: 0" 2 City of Moab. 8.24.020 Declarations of Findings and Policy, Scope A. Declaration of Findings and Policy WHEREAS, excessive noise and vibration are serious hazards to public health, welfare, safety, and quality of life; WHEREAS, numerous studies have found that noise pollution increases anxiety, depression, high blood pressure, heart disease, and stroke and that small increases in unwanted ambient sound have significant health effects and that noise aggravates health conditions by inducing higher levels of stress; WHEREAS, a substantial body of science and technology exists by which excessive noise and vibration may be substantially abated; WHEREAS, people have a right to and should be ensured an environment free from excessive noise and vibration that may jeopardize their health, welfare, or safety or degrade their quality of life; WHEREAS, pursuant to Utah Code Annotated §10-8-76 Noise Abatement, a municipality may regulate noise; WHEREAS, pursuant to Utah Code Annotated §41-22-13 Prohibited Uses, “no person may operate an off-highway vehicle in connection with . . . damage to the environment which includes . . . excessive mechanical noise;” WHEREAS, pursuant to Utah Code Annotated §10-8-84 Ordinances, rules, and regulations -- Passage – Penalties, a municipal legislative body may “pass all ordinances and rules, and make all regulations, not repugnant to law, necessary for carrying into effect or discharging all powers and duties conferred by this chapter, and as are necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort, and convenience of the city and its inhabitants, and for the protection of property in the city;” NOW, THEREFORE, it is the policy of the City of Moab to prevent noise pollution and excessive noise which may jeopardize the health, comfort, convenience, welfare, peace or safety of its citizens or degrade their quality of life. B. Scope This Chapter shall apply to the control of all noise originating within the limits of the City of Moab. 8.24.030 Terminology and Definitions A. Terminology All terminology used in this Chapter not defined below shall be in conformance with federal, state, and local law and applicable publications of the American National Standards Institute 3 (ANSI) or its successor body. B. Definitions The following definitions shall apply to this Chapter: “Agriculture” means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. (Utah Code Annotated §4-1-109.) The growing of soil crops in the customary manner in the open. It shall not include livestock-raising activities, nor shall it include retailing of products on the premises. (Moab Municipal Code §17.06.020.) “Agricultural industry or business” means an industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding, or storage, including but not limited to animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production, and similar uses as determined by the Planning Commission. (Moab Municipal Code §17.06.020.) “All-terrain type I vehicle” means any motor vehicle 52 inches or less in width, having an unladen dry weight of 1,500 pounds or less, traveling on three 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. (Utah Code Annotated §41-22-2(2).) “All-terrain type II vehicle” means any motor vehicle 80 inches or less in width, traveling on four or more low pressure tires, having a steering wheel, non-straddle seating, a rollover protection system, and designed for or capable of travel over unimproved terrain, and is: (a) an electric-powered vehicle; or (b) a vehicle powered by an internal combustion engine and has an unladen dry weight of 2,500 pounds or less. 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 §41-22-2(3).) “All-terrain type III vehicle” means any other motor vehicle, not defined in Utah Code §41-22-2, Subsection (2), (3), (12), or (22), designed for or capable of travel over unimproved terrain. 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 Utah Code §41-1a-102. (Utah Code §41-22-2(4).) “A-Weighted Sound Level” means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network and Fast response setting. The level so read is designated dB(A) or dBA. 4 “C-Weighted Sound Level” means the sound pressure level in decibels as measured on a sound level meter using the C-weighting network and the Fast response setting. The level so read is designated dB(C) or dBC. “Commercial Use” means activity involving the sale of goods or services carried out for profit. (Moab Municipal Code §17.06.020.) “Construction” means any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or of public or private rights- of-way, structures, utilities or similar property. “Decibel (dB)” means a unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). “Demolition” means any dismantling, intentional destruction or removal of structures, utilities, public or private roadway surfaces, or similar property. “Device” means any mechanism that is intended to produce, or that actually produces noise when operated or handled. “Emergency vehicle” means a vehicle used in response to a public emergency or to protect persons or property from an imminent exposure to danger. “Emergency Work” means any work performed for the purpose of preventing or alleviating the conditions, physical trauma, or property damage threatened or caused by a state of emergency. “Gross Vehicle Weight Rating” (GVWR) means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors arc are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle shall be used. “Harmful Industrial Noise” means noise as defined in Utah Code Annotated §34A-2-501. “Impulsive Sound” means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. “Industrial Use” means activity involving the manufacturing, processing, warehousing, and fabrication of goods and material. (Moab Municipal Code §§17.36.010 - 020.) “Motor Vehicle” means a self-propelled vehicle intended primarily for use and operation on the highways. “Motor vehicle” does not include: (a) an off-highway vehicle; or (b) a motor assisted scooter as defined in Utah Code Annotated §41-6a-102. (Utah Code Annotated §41-1a-102(40).) Nor does it include vehicles moved solely by human power; motorized wheelchairs; an electric personal assistive mobility device; an electric assisted bicycle; a motor assisted scooter; a personal delivery device, as defined in Section 41-6a- 5 1119; or a mobile carrier, as defined in Utah Code Annotated §41-6a-1120. (Utah Code Annotated §41-6a-102(40)(a)-(b).) “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion (Utah Code Annotated §73-18-2) and any vessel which operates on water and which is propelled by a motor, including but not limited to, boats, jet skis, barges, amphibious craft, water ski towing devices, and hovercraft. “Motorcycle” means a motor vehicle, other than a tractor, having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; or an autocycle. (Utah Code Annotated §41-1a-102(42) and §41-6a-102(41).) “Muffler or Sound Dissipative Device” means a device for abating sound of escaping gases of an internal combustion engine. “Noise” means any sound that is harmful to the health, well-being, or quality of life of humans or animals. “Noise Pollution” means any sound in an environment which is (a) is harmful to the health, well-being, or quality of life of humans or animals; or (b) unreasonably annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures personal or real property. “Off-highway vehicle” (OHV) means any snowmobile, all-terrain type I vehicle, all- terrain type II vehicle, all-terrain type III vehicle, or motorcycle.” (Utah Code Annotated §41-22-2(14).) “Person” means an individual; an association; an institution; a corporation; a company; a trust; a limited liability company; a partnership; a political subdivision; a government office, department, division, bureau, or other body of government; and any other organization or entity. (Utah Code Annotated §68-3-12.5(18).) “Places of Worship” means a specially designed structure or consecrated space where individuals or a group of people come to perform acts of devotion, veneration, or religious study. Buildings constructed or used for this purpose include temples, churches, synagogues, convents, monasteries, and mosques. (Moab Municipal Code §§17.06.020.) “Plainly Audible” means any sound that can be detected by a person using their unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound. “Powered Model Vehicle” means any self-propelled airborne, waterborne, or land-borne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any unmanned aerial vehicle, model airplane, boat, car, or rocket. “Public Roadway” means that portion of the entire width between property lines of every 6 way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel and improved, designed, or ordinarily used for vehicular travel within the City’s jurisdiction and excluding any state highways. (See Utah Code Annotated §41-6a-102(26) and (58).) “Public Space” means any real property or structures which are owned or controlled by a governmental entity. “Pure Tone” means any sound which can be distinctly heard as a single pitch or a set of single pitches. “Real Property Boundary” means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions. “Residential Use or Dwelling” means a structure or portion of a structure that is designed, occupied, or intended to be occupied as living quarters and includes facilities for cooking, sleeping, and sanitation; but not including hotels, motels, clubs, boarding houses, or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraints; private property used for human habitation; commercial living accommodations and commercial property used for human habitation; recreational and entertainment property used for human habitation; community service property used for human habitation. (See Moab Municipal Code §§17.06.020.) “RMS Sound Pressure” means the square root of the time averaged square of the sound pressure, denoted Prms “Sound” means an oscillation in pressure, particle displacement, particle velocity, or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. “Sound Level or Noise Level” means the weighted sound pressure level obtained by the use of a sound level meter and frequency-weighting network, such as A or C, as specified in the American National Standards Institute (ANSI) or the International Electrotechnical Commission (IEC) specifications for sound level meters (ANSI S1.4, IEC 61672-1, or IEC 61672-2, or the latest approved revisions thereof). “Sound Level Meter” means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averaging device, output meter, and weighting networks used to measure sound pressure levels. “Sound Pressure” means the instantaneous difference between the actual pressure and the average or barometric pressure of a given point in space, as produced by sound energy. “Sound Pressure Level” (SPL) means 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20x10µN/m). The 7 sound pressure level is denoted Lp, or SPL and is expressed in decibels. “State of Emergency” means a condition in any part of the state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster (Utah Code Annotated 53-2a-102 (14)) or any occurrence or set or circumstances involving actual or imminent physical trauma or property damage or any circumstance which may present an imminent threat to the health, safety or welfare of any person, place or property which demands immediate action. “Street-Legal All-Terrain Vehicle” or “Street-Legal ATV” 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 Utah Code Annotated §41-6a-1509 to operate on highways in the state in accordance with Utah Code Annotated §41-6a-1509. (Utah Code Annotated §41- 6a-102 (68).) “Vehicle” means motor vehicle, off-highway vehicle, all-terrain vehicle, street-legal all- terrain vehicle, or motorcycle. “Weekday” means any day Monday through Friday which is not a legal holiday. 8.24.040 Prohibited Acts A. Noise Pollution Prohibited No person shall make, continue, or cause to be made or continued, any noise pollution. B. Specific Prohibitions The following acts, and the causing of the following acts, are declared to be in violation of this Chapter: 1. Radios, Televisions Sets, Musical Instruments, and Similar Devices Using, operating, playing, or permitting the use, operation, or playing of any radio, television, phonographspeaker, drum, musical instrument, sound amplifier, personal sound system, vehicular sound system, or similar device which produces, reproduces, or amplifies sound: (a) Between the hours of [810:00 p.m. and 87:00 a.m. the following day Monday – Saturday and 9:00 a.m. on Sunday], in such a manner as to create noise pollution across a real property boundary or to be plainly audible at a distance of [10050] feet or more in any direction from the device or [10050] feet or more from a real property boundary if on private property. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (b) Between the hours of [87:00 a.m. and 810:00 p.m. Monday – Saturday and 9:00 8 a.m. on Sunday] in such a manner as to create noise pollution across a real property boundary or to be plainly audible at a distance of [200150] feet or more in any direction from the device or [200150] feet or more from a real property boundary if on private property. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (c) In such a manner as to be plainly audible at a distance of [50100] feet or more in any direction when operated in or on a vehicle on a public roadway or public space, or in a boat on public waters. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; or (d) In such a manner as to create noise pollution to any person, other than the operator of the device, when operated on a common carrier. 2. Loudspeakers/Public Address Systems (a) Using or operating any loudspeaker, public address system or similar device: (1) between the hours of [810:00 p.m. and 87:00 a.m. the following day Monday – Saturday and 9:00 a.m. on Sunday] the following day, in such a manner as to create noise pollution or to be plainly audible across a real property boundary within a residential use; or (2) between the hours of [87:00 a.m. and 810:00 p.m. and 9:00 a.m. on Sunday in such a manner as to be plainly audible [10050] feet or more from a real property boundary within a residential use. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (b) Using or operating any loudspeaker, public address system, or similar device: (1) between the hours of [810:00 p.m. and 87:00 a.m. the following day Monday – Saturday and 9:00 a.m. on Sunday] the following day, on a public roadway or in a public space; or (2) in such a manner as to create noise pollution across a real property boundary of a public roadway or public space or to be plainly audible at [10050] feet or more from the device. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (c) Using or operating any loudspeaker, public address system, or similar device in such a manner that the sound there from is plainly audible [200150] feet or more from a real property boundary with a commercial or industrial use. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code. 3. Street Sales The ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises, for the purpose of business, amusement, or otherwise, and all performances and devices tending to the collection of persons on the 9 streets or sidewalks of the City or the offering for sale or selling anything by shouting or outcry within any residential or commercial area of the City. This prohibition does not apply to for activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code. 4. Animals and Birds Owning, possessing, or harboring any animal or bird which for continued duration (for example, more than [50] times per day) howls, barks, squawks, or makes other sounds which creates noise pollution or is plainly audible across a real property boundary of a residential use. 5. Powered Model Vehicles Operating or permitting the operation of powered model vehicles in such a manner as to create noise pollution across a real property boundary of a residential use or in a public space between the hours of [810:00 p.m. and 87:00 a.m. Monday – Saturday and 9:00 a.m. on Sunday] the following day. Maximum sound levels in a public space during the permitted period of operation shall conform to those set forth for residential land use in Table 1 below and shall be measured at a distance of 50 feet from any point on the path of the vehicle. Maximum sound levels for residential property during the permitted period of operation, shall be governed by Table 1 below. 6. Motorboats Operating or permitting the operation of any motorboat in any lake, river, stream, or other waterway in such manner as to exceed a sound level of (a) [80] dBA at 50 feet; or (b) [70] dBA at any shoreline; or (c) [80] dBC at any shoreline. 7. Compression Brakes No person operating a motor vehicle containing a compression brake system or systems shall apply such compression brake system or systems except when such a system or systems are used in an emergency to stop the vehicle. 8. Tampering The following acts, or causing the following acts, are prohibited: (a) The removal or rendering inoperative by any person other than for purposes of maintenance, repair, or replacement, of any muffler, noise control device, or element of design or noise label; (b) The use of a product, which has had a muffler, noise control device, or element of design or noise label removed or rendered inoperative. 8.24.050 Sound Levels by Receiving Land Use 10 A. Maximum Permissible Sound Pressure Levels No person shall operate or cause to be operated on private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in Table 1 when measured at or within the property boundary of the receiving land use. TABLE 1 SOUND LEVELS BY RECEIVING LAND USE Receiving Land Use Sound Level Limit Category Time (dBA) (dBC) (Residential, [7:00 a.m. to 10:00 p.m.] [55] [65] Public Space Monday – Saturday Agriculture, or and 9:00 am Sunday [10 p.m. to 7:00 am] [50] [60] Other Non-Commercial or Non-Industrial) 10:00 p.m. to 7:00 am 50 60 Monday – Saturday and 9:00 am Sunday Commercial or [At all times] [60] [70] Industrial B. Exemptions The provisions of Table 1 shall not apply to: 1. Those activities already regulated by section 8.24.040(B) Prohibited Acts; 2. The un-amplified human voice; 3. Interstate railway locomotives and cars; 4. Vehicles crossing the property line accessing private property or public roadways; 5. Non-stationary farming equipment and all agricultural activities; 6. Emergency vehicles or work; 7. Bells or chimes from places of religious worship; 8. Noise resulting from lawful fireworks [and noisemakers] used for celebration of an official holiday; 11 9. Construction activities and operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar device used outdoors in residential areas on weekdays between the hours of [7:00 am to 86:00 p.m. and Saturdays 8:00 a.m. to 6:00 p.m.] or as specified in the conditions of approval; 10. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar device used outdoors in residential areas between the hours of [8:00 a.m. to 8:00 p.m.]; 11.10. Snow removal; 12.11. The Moab Water Reclamation Facility; and 13.12. Activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; 13. Any noise resulting from the maintenance of golf courses; 14. The Grand County High School; 14.15. Public Works activities and operations. 8.24.060 Vehicles on Public Roadways A. Mufflers, Sound Dissipative Devices, and Labels 1. A vehicle shall be equipped, maintained, and operated to prevent excessive or unusual noise. A motor vehicle shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation. A person may not use a muffler cut-out, bypass, or similar device on a vehicle. (See Utah Code Annotated 41-6a-1626(1)(a)-(c).) 2. No person shall remove or render inoperative, other than for purposes of maintenance, repair, or replacement, any muffler, noise control device, or element of design or noise label. 3. No person shall use a vehicle which has had a muffler, noise control device, or element of design or noise label removed or rendered inoperative. 4. No person shall operate a motorcycle manufactured after December 31, 1985, not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 80 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Parts 205.152 and 205.158. 5. No person shall operate an off-road motorcycle manufactured after December 31, 1985, not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 82 Formatted: List Paragraph, No bullets or numbering Formatted: List Paragraph, No bullets or numbering 12 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Parts 205.152 and 205.158. B. Vehicle Maximum Sound Levels 1. No person shall operate, or cause to be operated, nor shall a vehicle owner allow a person to operate a vehicle on a public roadway at any time in such a manner that the sound level emitted by the vehicle exceeds the level set forth in Table 2 measured at a distance of 25 feet or more, or 50 feet or more, from the center of the lane of travel. 2. No vehicle owner shall allow a person to operate a vehicle on a public roadway at any time in such a manner that the sound level emitted by the vehicle exceeds the level set forth in Table 2 measured at a distance of 25 feet or more, or 50 feet or more, from the center of the lane of travel. 3.2.No person shall operate, or cause to be operated, nor shall a vehicle owner allow a person to operate a vehicle on a public roadway in such a manner that it is plainly audible at a distance of [500/750/1,000] feet or more in any direction from the vehicle. 4. No vehicle owner shall allow a person to operate a vehicle on a public roadway in such a manner that it is plainly audible at a distance of [500/750/1,000] feet or more in any direction from the vehicle. 5.3.No person shall operate, or cause to be operated, nor shall a vehicle owner allow a person to operate a vehicle on a public roadway that exceeds [92] dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of [87:00 a.m. to 810:00 p.m.] Monday – Saturday and 9:00 a.m. on Sunday. 6. No vehicle owner shall allow a person to operate a vehicle on a public roadway that exceeds [92] dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of [8:00 a.m. to 8:00 p.m.]. 7.4.No person shall operate, or cause to be operated, nor shall a vehicle owner allow a person to operate a vehicle under 10,000 GVWR on a public roadway that exceeds [85] dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of [810:00 p.m. to 87:00 a.m. Monday – Saturday and 9:00 a.m. on Sunday] the following day. 8. No vehicle owner shall allow a person to operate a vehicle under 10,000 GVWR on a public roadway that exceeds [85] dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of [8:00 p.m. to 8:00 a.m.] the following day. Formatted: Font: 12 pt Formatted: Normal 13 TABLE 2 VEHICLE SOUND LIMITS (MEASURED AT 50 OR 25 FEET AT SPEED LIMITS LESS THAN 35 MPH) Vehicle Class 25 feet or more 50 feet or more Motor Vehicles 88 dBA 82 dBA of GVWR or GCWR of 10,000 lbs or more All other vehicles [80] dBA [78:00 a.m. - 108:00 p.m.] [74] dBA [78:00 a.m. - 108:00 p.m.] of GVWR or GCWR of Monday – Saturday Monday- Saturday[78] dBA [8:00 p.m. - 8:00 a.m.] or GCWR of and 9:00 a.m. on Sunday and 9:00 a.m. on Sunday less than 10,000 lbs [72] dBA [8:00 p.m. - 8:00 a.m.] less than 10,000 lbs less than 10,000 lbs 78 dBA 10:00 p.m. - 7:00 a.m. 72 dBA 10:00 p.m.- 7:00 a.m. Monday – Saturday Monday- Saturday and 9:00 a.m. on Sunday and 9:00 a.m. on Sunday C. Motor Vehicle Horns and Signaling Devices Sounding of any horn or other auditory signaling device on or in any vehicle on any public roadway or public space (except as a warning of danger as provided in the vehicle code, or pursuant to a special event permit) is prohibited. D. Standing Motor Vehicles No person shall operate or cause to be operated, any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than [5] minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public roadway or public space or within [500] feet of a residential use. 8.24.070 Exceptions A. Emergency Exceptions The provisions of this Chapter shall not apply to; (a) the emission of sound for the purpose of alerting persons to the existence of a state of emergency, or (b) the emission of sound in the performance of emergency work. B. Special Exceptions 1. The [City Manager or City Council] shall have the authority, consistent with this 14 section, to grant special exceptions to this Noise Control Chapter. 2. Any person seeking a special exception pursuant to this section shall file an application with the [City Manager]. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special exception is sought into compliance with this Chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Any individual who claims to be adversely affected by allowance of the special exception may file a statement with the [City Manager] containing any information to support their claim. If the [City Manager] finds that a sufficient controversy exists regarding an application, a public hearing may be held. 3. In determining whether to grant or deny the application, the [City Manager] shall balance the hardship to the applicant, the community, and other persons of not granting the special exception against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the special exception. Applicants for special exceptions and persons contesting special exceptions may be required to submit any information the [City Manager] may reasonably require. In granting or denying an application, the [City Manager] shall create a written decision and the reasons for denying or granting the special exception. 4. Any special exception(s) granted shall be granted by notice to the applicant containing all necessary conditions, including a time limit (not to exceed one year) time of day limit, day of week limit, and decibel limit or other restrictions meant to limit noise on the permitted activity. The special exception shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special exception shall terminate the special exception and subject the entity or person holding it to those provisions of this Chapter regulating the source of sound or activity for which the special exception was granted, including enforcement actions. 5. Application for extension of time limit specified in special exceptions or for modification of other substantial conditions shall be in a similar manner to the initial special exception application process described under subsections 1-4 above. 6. The [City Manager or City Council] may issue guidelines defining the procedures to be followed in applying for a special exception and the criteria to be considered in deciding whether to grant a special exception. C. Exceptions for Time to Comply 1. Within 60 days following the effective date of this Chapter, the owner of any commercial or industrial source of sound may apply to the [City Manager] for an exception in time to comply with this Chapter. The [City Manager] shall have the authority, consistent with this section, to grant an exception, not to exceed 1 year from the effective date of this Chapter. 15 2. Any person seeking an exception in time to comply shall file an application with the [City Manager]. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this Chapter prior to the date requested in the application would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Any individual who claims to be adversely affected by allowance of the exception in time to comply may file a statement with the [City Manager] containing any information to support their claim. If the [City Manager] finds that a sufficient controversy exists regarding an application, a public hearing may be held. 3. In determining whether to grant or deny the application, the [City Manager] shall balance the hardship to the applicant, the community, and other persons of not granting the exception in time to comply, against the adverse impact on health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions in time to comply and persons contesting exceptions may be required to submit any information the [City Manager] may reasonably require. In granting or denying an application, the [City Manager] shall create a written decision and the reasons for denying or granting the special exception. 4. Any exceptions in time to comply granted shall be granted to the applicant containing all necessary conditions, including a schedule for achieving compliance. The exception in time to comply shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this Chapter for which the exception was granted. 5. Application for extension of time limits specified in exceptions in time to comply or for modification of other substantial conditions shall be treated like applications for initial exceptions under subsections 1-4 above, except that the [City Manager] must find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification. 6. The [City Manager or City Council] may issue guidelines defining the procedures to be followed in applying for an exception in time to comply and the criteria to be considered in deciding whether to grant an exception in time to comply. D. Appeals Appeals of the decision of the [City Manager] on an application for an exception pursuant to Section B or C above shall be made to the [City Council]. Any appeal shall state the basis for the appeal. Decisions of the City Council may be made in writing or at a public meeting of the City Council. 16 8.24.080 Violation and Enforcement A. Violation [Any person who is found guilty of violating this Chapter, either by failing to do those acts required in this Chapter or by doing a prohibited act, is guilty of a Class B misdemeanor punishable by a maximum sentence of up to six months in jail and a maximum fine of $1,000. Each day such violation is committed or permitted to continue shall constitute a separate violation unless limited by Utah law.] B. Enforcement Any peace officer or code enforcement officer is authorized to enforce the provisions of this Chapter. 8.24.090 Other Remedies No provision of this Chapter shall be construed to impair any common law or statutory cause of action, or legal remedy there from, of any person for injury or damage arising from any violation of this Chapter or from other law. Furthermore, nuisances may be abated by Code Compliance. The City Attorney may initiate legal action, civil or criminal, requested by the City Manager to abate any condition that exists in violation of this Chapter. In addition to other penalties imposed by a court of competent jurisdiction, any person(s) found guilty of violating this Chapter shall be liable for all expenses incurred by the City in undertaking abatement. 8.24.100 Severability If any provision of this Chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the Chapter shall not be invalidated. 8.24.110 Effective Date This Ordinance shall take effect upon passage. PASSED by the City Council in a public meeting on ______________________________. _________________________ Emily Niehaus, Mayor ATTEST: Formatted: Left Formatted: Font: Bold Formatted: Left Formatted: Font: Bold 17 ______________________________ Sommar Johnson, Clerk/Recorder Formatted: Left Formatted: Indent: Left: 0" 1 CITY OF MOAB, UTAH ORDINANCE NO. 2021-07 AN ORDINANCE REPEALING AND REPLACING MOAB MUNICIPAL CODE CHAPTER 8.24 WHEREAS, excessive noise and vibration are serious hazards to public health, welfare, safety, and quality of life; WHEREAS, numerous studies have found that noise pollution increases anxiety, depression, high blood pressure, heart disease, and stroke and that small increases in unwanted ambient sound have significant health effects and that noise aggravates health conditions by inducing higher levels of stress; WHEREAS, a substantial body of science and technology exists by which excessive noise and vibration may be substantially abated; WHEREAS, people have a right to and should be ensured an environment free from excessive noise and vibration that may jeopardize their health, welfare, or safety or degrade their quality of life; WHEREAS, pursuant to Utah Code Annotated §10-8-76 Noise Abatement, a municipality may regulate noise; WHEREAS, pursuant to Utah Code Annotated §41-22-13 Prohibited Uses, “no person may operate an off-highway vehicle in connection with . . . damage to the environment which includes . . . excessive mechanical noise;” WHEREAS, pursuant to Utah Code Annotated §10-8-84 Ordinances, rules, and regulations -- Passage – Penalties, a municipal legislative body may “pass all ordinances and rules, and make all regulations, not repugnant to law, necessary for carrying into effect or discharging all powers and duties conferred by this chapter, and as are necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort, and convenience of the city and its inhabitants, and for the protection of property in the city;” WHEREAS, it is the policy of the City of Moab to prevent noise pollution and excessive noise which may jeopardize the health, comfort, convenience, welfare, peace or safety of its citizens or degrade their quality of life. NOW, THEREFORE BE IT ORDAINED by the Moab City Council that: Moab Municipal Code Chapter 8.24 be repealed in its entirety and be replaced with the following: 8.24.010 Short Title This Ordinance is titled and may be cited as the Noise Control Ordinance or Chapter of the City of Moab. 2 8.24.020 Scope This Chapter shall apply to the control of all noise originating within the limits of the City of Moab. 8.24.030 Terminology and Definitions A. Terminology All terminology used in this Chapter not defined below shall be in conformance with federal, state, and local law and applicable publications of the American National Standards Institute (ANSI) or its successor body. B. Definitions The following definitions shall apply to this Chapter: “Agriculture” means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. (Utah Code Annotated §4-1-109.) The growing of soil crops in the customary manner in the open. It shall not include livestock-raising activities, nor shall it include retailing of products on the premises. (Moab Municipal Code §17.06.020.) “Agricultural industry or business” means an industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding, or storage, including but not limited to animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production, and similar uses as determined by the Planning Commission. (Moab Municipal Code §17.06.020.) “All-terrain type I vehicle” means any motor vehicle 52 inches or less in width, having an unladen dry weight of 1,500 pounds or less, traveling on three 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. (Utah Code Annotated §41-22-2(2).) “All-terrain type II vehicle” means any motor vehicle 80 inches or less in width, traveling on four or more low pressure tires, having a steering wheel, non-straddle seating, a rollover protection system, and designed for or capable of travel over unimproved terrain, and is: (a) an electric-powered vehicle; or (b) a vehicle powered by an internal combustion engine and has an unladen dry weight of 2,500 pounds or less. 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 3 farm tractors as defined under Section 41-1a-102. (Utah Code §41-22-2(3).) “All-terrain type III vehicle” means any other motor vehicle, not defined in Utah Code §41-22-2, Subsection (2), (3), (12), or (22), designed for or capable of travel over unimproved terrain. 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 Utah Code §41-1a-102. (Utah Code §41-22-2(4).) “A-Weighted Sound Level” means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network and Fast response setting. The level so read is designated dB(A) or dBA. “C-Weighted Sound Level” means the sound pressure level in decibels as measured on a sound level meter using the C-weighting network and the Fast response setting. The level so read is designated dB(C) or dBC. “Commercial Use” means activity involving the sale of goods or services carried out for profit. (Moab Municipal Code §17.06.020.) “Construction” means any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or of public or private rights- of-way, structures, utilities or similar property. “Decibel (dB)” means a unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). “Demolition” means any dismantling, intentional destruction or removal of structures, utilities, public or private roadway surfaces, or similar property. “Device” means any mechanism that is intended to produce, or that actually produces noise when operated or handled. “Emergency vehicle” means a vehicle used in response to a public emergency or to protect persons or property from an imminent exposure to danger. “Emergency Work” means any work performed for the purpose of preventing or alleviating the conditions, physical trauma, or property damage threatened or caused by a state of emergency. “Gross Vehicle Weight Rating” (GVWR) means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle shall be used. “Harmful Industrial Noise” means noise as defined in Utah Code Annotated §34A-2-501. 4 “Impulsive Sound” means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. “Industrial Use” means activity involving the manufacturing, processing, warehousing, and fabrication of goods and material. (Moab Municipal Code §§17.36.010 - 020.) “Motor Vehicle” means a self-propelled vehicle intended primarily for use and operation on the highways. “Motor vehicle” does not include: (a) an off-highway vehicle; or (b) a motor assisted scooter as defined in Utah Code Annotated §41-6a-102. (Utah Code Annotated §41-1a-102(40).) Nor does it include vehicles moved solely by human power; motorized wheelchairs; an electric personal assistive mobility device; an electric assisted bicycle; a motor assisted scooter; a personal delivery device, as defined in Section 41-6a- 1119; or a mobile carrier, as defined in Utah Code Annotated §41-6a-1120. (Utah Code Annotated §41-6a-102(40)(a)-(b).) “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion (Utah Code Annotated §73-18-2) and any vessel which operates on water and which is propelled by a motor, including but not limited to, boats, jet skis, barges, amphibious craft, water ski towing devices, and hovercraft. “Motorcycle” means a motor vehicle, other than a tractor, having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; or an autocycle. (Utah Code Annotated §41-1a-102(42) and §41-6a-102(41).) “Muffler or Sound Dissipative Device” means a device for abating sound of escaping gases of an internal combustion engine. “Noise” means any sound that is harmful to the health, well-being, or quality of life of humans or animals. “Noise Pollution” means any sound in an environment which is (a) is harmful to the health, well-being, or quality of life of humans or animals; or (b) unreasonably annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures personal or real property. “Off-highway vehicle” (OHV) means any snowmobile, all-terrain type I vehicle, all- terrain type II vehicle, all-terrain type III vehicle, or motorcycle.” (Utah Code Annotated §41-22-2(14).) “Person” means an individual; an association; an institution; a corporation; a company; a trust; a limited liability company; a partnership; a political subdivision; a government office, department, division, bureau, or other body of government; and any other organization or entity. (Utah Code Annotated §68-3-12.5(18).) “Places of Worship” means a specially designed structure or consecrated space where individuals or a group of people come to perform acts of devotion, veneration, or religious study. Buildings constructed or used for this purpose include temples, churches, 5 synagogues, convents, monasteries, and mosques. (Moab Municipal Code §§17.06.020.) “Plainly Audible” means any sound that can be detected by a person using their unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound. “Powered Model Vehicle” means any self-propelled airborne, waterborne, or land-borne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any unmanned aerial vehicle, model airplane, boat, car, or rocket. “Public Roadway” means that portion of the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel and improved, designed, or ordinarily used for vehicular travel within the City’s jurisdiction and excluding any state highways. (See Utah Code Annotated §41-6a-102(26) and (58).) “Public Space” means any real property or structures which are owned or controlled by a governmental entity. “Pure Tone” means any sound which can be distinctly heard as a single pitch or a set of single pitches. “Real Property Boundary” means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions. “Residential Use or Dwelling” means a structure or portion of a structure that is designed, occupied, or intended to be occupied as living quarters and includes facilities for cooking, sleeping, and sanitation; but not including hotels, motels, clubs, boarding houses, or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraints; private property used for human habitation; commercial living accommodations and commercial property used for human habitation; recreational and entertainment property used for human habitation; community service property used for human habitation. (See Moab Municipal Code §§17.06.020.) “RMS Sound Pressure” means the square root of the time averaged square of the sound pressure, denoted Prms “Sound” means an oscillation in pressure, particle displacement, particle velocity, or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. “Sound Level or Noise Level” means the weighted sound pressure level obtained by the use of a sound level meter and frequency-weighting network, such as A or C, as specified in the American National Standards Institute (ANSI) or the International Electrotechnical 6 Commission (IEC) specifications for sound level meters (ANSI S1.4, IEC 61672-1, or IEC 61672-2, or the latest approved revisions thereof). “Sound Level Meter” means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averaging device, output meter, and weighting networks used to measure sound pressure levels. “Sound Pressure” means the instantaneous difference between the actual pressure and the average or barometric pressure of a given point in space, as produced by sound energy. “Sound Pressure Level” (SPL) means 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20x10µN/m). The sound pressure level is denoted Lp, or SPL and is expressed in decibels. “State of Emergency” means a condition in any part of the state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster (Utah Code Annotated 53-2a-102 (14)) or any occurrence or set or circumstances involving actual or imminent physical trauma or property damage or any circumstance which may present an imminent threat to the health, safety or welfare of any person, place or property which demands immediate action. “Street-Legal All-Terrain Vehicle” or “Street-Legal ATV” 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 Utah Code Annotated §41-6a-1509 to operate on highways in the state in accordance with Utah Code Annotated §41-6a-1509. (Utah Code Annotated §41- 6a-102 (68).) “Vehicle” means motor vehicle, off-highway vehicle, all-terrain vehicle, street-legal all- terrain vehicle, or motorcycle. “Weekday” means any day Monday through Friday which is not a legal holiday. 8.24.040 Prohibited Acts A. Noise Pollution Prohibited No person shall make, continue, or cause to be made or continued, any noise pollution. B. Specific Prohibitions The following acts, and the causing of the following acts, are declared to be in violation of this Chapter: 1. Radios, Televisions, Musical Instruments, and Similar Devices Using, operating, playing, or permitting the use, operation, or playing of any radio, television, speaker, drum, musical instrument, sound amplifier, personal sound system, 7 vehicular sound system, or similar device which produces, reproduces, or amplifies sound: (a) Between the hours of 10:00 p.m. and 7:00 a.m. the following day Monday – Saturday and 9:00 a.m. on Sunday in such a manner as to create noise pollution across a real property boundary or to be plainly audible at a distance of 50 feet or more in any direction from the device or 50 feet or more from a real property boundary if on private property. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (b) Between the hours of 7:00 a.m. and 10:00 p.m. Monday – Saturday and 9:00 a.m. on Sunday in such a manner as to create noise pollution across a real property boundary or to be plainly audible at a distance of 150 feet or more in any direction from the device or 150 feet or more from a real property boundary if on private property. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (c) In such a manner as to be plainly audible at a distance of 50 feet or more in any direction when operated in or on a vehicle on a public roadway or public space, or in a boat on public waters. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; or (d) In such a manner as to create noise pollution to any person, other than the operator of the device, when operated on a common carrier. 2. Loudspeakers/Public Address Systems (a) Using or operating any loudspeaker, public address system or similar device: (1) between the hours of 10:00 p.m. and 7:00 a.m. the following day Monday – Saturday and 9:00 a.m. on Sunday in such a manner as to create noise pollution or to be plainly audible across a real property boundary within a residential use; or (2) between the hours of 7:00 a.m. and 10:00 p.m. and 9:00 a.m. on Sunday in such a manner as to be plainly audible 50 feet or more from a real property boundary within a residential use. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (b) Using or operating any loudspeaker, public address system, or similar device: (1) between the hours of 10:00 p.m. and 7:00 a.m. the following day Monday – Saturday and 9:00 a.m. on Sunday on a public roadway or in a public space; or (2) in such a manner as to create noise pollution across a real property boundary of a public roadway or public space or to be plainly audible at 50 feet or more from the device. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; 8 (c) Using or operating any loudspeaker, public address system, or similar device in such a manner that the sound there from is plainly audible 150 feet or more from a real property boundary with a commercial or industrial use. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code. 3. Street Sales The ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises, for the purpose of business, amusement, or otherwise, and all performances and devices tending to the collection of persons on the streets or sidewalks of the City or the offering for sale or selling anything by shouting or outcry within any residential or commercial area of the City. This prohibition does not apply to for activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code. 4. Animals and Birds Owning, possessing, or harboring any animal or bird which for continued duration (for example, more than 50 times per day) howls, barks, squawks, or makes other sounds which creates noise pollution or is plainly audible across a real property boundary of a residential use. 5. Powered Model Vehicles Operating or permitting the operation of powered model vehicles in such a manner as to create noise pollution across a real property boundary of a residential use or in a public space between the hours of 10:00 p.m. and 7:00 a.m. Monday – Saturday and 9:00 a.m. on Sunday the following day. Maximum sound levels in a public space during the permitted period of operation shall conform to those set forth for residential land use in Table 1 below and shall be measured at a distance of 50 feet from any point on the path of the vehicle. Maximum sound levels for residential property during the permitted period of operation, shall be governed by Table 1 below. 6. Motorboats Operating or permitting the operation of any motorboat in any lake, river, stream, or other waterway in such manner as to exceed a sound level of (a) 80 dBA at 50 feet; or (b) 70 dBA at any shoreline; or (c) 80 dBC at any shoreline. 7. Compression Brakes No person operating a motor vehicle containing a compression brake system or systems shall apply such compression brake system or systems except when such a system or systems are used in an emergency to stop the vehicle. 8. Tampering The following acts, or causing the following acts, are prohibited: 9 (a) The removal or rendering inoperative by any person other than for purposes of maintenance, repair, or replacement, of any muffler, noise control device, or element of design or noise label; (b) The use of a product, which has had a muffler, noise control device, or element of design or noise label removed or rendered inoperative. 8.24.050 Sound Levels by Receiving Land Use A. Maximum Permissible Sound Pressure Levels No person shall operate or cause to be operated on private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in Table 1 when measured at or within the property boundary of the receiving land use. TABLE 1 SOUND LEVELS BY RECEIVING LAND USE Receiving Land Use Sound Level Limit Category Time (dBA) (dBC) Residential, 7:00 a.m. to 10:00 p.m. 55 65 Public Space Monday – Saturday Agriculture, or and 9:00 am Sunday Other Non-Commercial or Non-Industrial 10:00 p.m. to 7:00 am 50 60 Monday – Saturday and 9:00 am Sunday Commercial or At all times 60 70 Industrial B. Exemptions The provisions of Table 1 shall not apply to: 1. Those activities already regulated by section 8.24.040(B) Prohibited Acts; 2. The un-amplified human voice; 3. Interstate railway locomotives and cars; 4. Vehicles crossing the property line accessing private property or public roadways; 5. Non-stationary farming equipment and all agricultural activities; 10 6. Emergency vehicles or work; 7. Bells or chimes from places of religious worship; 8. Noise resulting from lawful fireworks and noisemakers used for celebration of an official holiday; 9. Construction activities and operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar device used outdoors in residential areas on weekdays between the hours of 7:00 am to 6:00 p.m. and Saturdays 8:00 a.m. to 6:00 p.m. or as specified in the conditions of approval; 10. Snow removal; 11. The Moab Water Reclamation Facility; and 12. Activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; 13. Any noise resulting from the maintenance of golf courses; 14. The Grand County High School; 15. Public Works activities and operations. 8.24.060 Vehicles on Public Roadways A. Mufflers, Sound Dissipative Devices, and Labels 1. A vehicle shall be equipped, maintained, and operated to prevent excessive or unusual noise. A motor vehicle shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation. A person may not use a muffler cut-out, bypass, or similar device on a vehicle. (See Utah Code Annotated 41-6a-1626(1)(a)-(c).) 2. No person shall remove or render inoperative, other than for purposes of maintenance, repair, or replacement, any muffler, noise control device, or element of design or noise label. 3. No person shall use a vehicle which has had a muffler, noise control device, or element of design or noise label removed or rendered inoperative. 4. No person shall operate a motorcycle manufactured after December 31, 1985, not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 80 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Parts 205.152 and 205.158. 11 5. No person shall operate an off-road motorcycle manufactured after December 31, 1985, not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 82 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Parts 205.152 and 205.158. B. Vehicle Maximum Sound Levels 1. No person shall operate, or cause to be operated, nor shall a vehicle owner allow a person to operate a vehicle on a public roadway at any time in such a manner that the sound level emitted by the vehicle exceeds the level set forth in Table 2 measured at a distance of 25 feet or more, or 50 feet or more, from the center of the lane of travel. 2. No person shall operate, or cause to be operated, nor shall a vehicle owner allow a person to operate a vehicle on a public roadway in such a manner that it is plainly audible at a distance of 1,000 feet or more in any direction from the vehicle. 3. No person shall operate, or cause to be operated, nor shall a vehicle owner allow a person to operate a vehicle on a public roadway that exceeds 92 dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of 7:00 a.m. to 10:00 p.m. Monday – Saturday and 9:00 a.m. on Sunday. 4. No person shall operate, or cause to be operated, nor shall a vehicle owner allow a person to operate a vehicle under 10,000 GVWR on a public roadway that exceeds 85 dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of 10:00 p.m. to 7:00 a.m. Monday – Saturday and 9:00 a.m. on Sunday the following day. 12 TABLE 2 VEHICLE SOUND LIMITS (MEASURED AT 50 OR 25 FEET AT SPEED LIMITS LESS THAN 35 MPH) Vehicle Class 25 feet or more 50 feet or more Motor Vehicles 88 dBA 82 dBA of GVWR or GCWR of 10,000 lbs or more All other vehicles 80 dBA 7:00 a.m. - 10:00 p.m. 74 dBA 7:00 a.m. - 10:00 p.m. of GVWR Monday – Saturday Monday- Saturday or GCWR of and 9:00 a.m. on Sunday and 9:00 a.m. on Sunday less than 10,000 lbs 78 dBA 10:00 p.m. - 7:00 a.m. 72 dBA 10:00 p.m.- 7:00 a.m. Monday – Saturday Monday- Saturday and 9:00 a.m. on Sunday and 9:00 a.m. on Sunday C. Motor Vehicle Horns and Signaling Devices Sounding of any horn or other auditory signaling device on or in any vehicle on any public roadway or public space (except as a warning of danger as provided in the vehicle code, or pursuant to a special event permit) is prohibited. D. Standing Motor Vehicles No person shall operate or cause to be operated, any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than 5 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public roadway or public space or within 500 feet of a residential use. 8.24.070 Exceptions A. Emergency Exceptions The provisions of this Chapter shall not apply to; (a) the emission of sound for the purpose of alerting persons to the existence of a state of emergency, or (b) the emission of sound in the performance of emergency work. B. Special Exceptions 1. The City Manager or City Council shall have the authority, consistent with this section, to grant special exceptions to this Noise Control Chapter. 2. Any person seeking a special exception pursuant to this section shall file an 13 application with the City Manager. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special exception is sought into compliance with this Chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Any individual who claims to be adversely affected by allowance of the special exception may file a statement with the City Manager containing any information to support their claim. If the City Manager finds that a sufficient controversy exists regarding an application, a public hearing may be held. 3. In determining whether to grant or deny the application, the City Manager shall balance the hardship to the applicant, the community, and other persons of not granting the special exception against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the special exception. Applicants for special exceptions and persons contesting special exceptions may be required to submit any information the City Manager may reasonably require. In granting or denying an application, the City Manager shall create a written decision and the reasons for denying or granting the special exception. 4. Any special exception(s) granted shall be granted by notice to the applicant containing all necessary conditions, including a time limit (not to exceed one year) time of day limit, day of week limit, and decibel limit or other restrictions meant to limit noise on the permitted activity. The special exception shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special exception shall terminate the special exception and subject the entity or person holding it to those provisions of this Chapter regulating the source of sound or activity for which the special exception was granted, including enforcement actions. 5. Application for extension of time limit specified in special exceptions or for modification of other substantial conditions shall be in a similar manner to the initial special exception application process described under subsections 1-4 above. 6. The City Manager or City Council may issue guidelines defining the procedures to be followed in applying for a special exception and the criteria to be considered in deciding whether to grant a special exception. C. Exceptions for Time to Comply 1. Within 60 days following the effective date of this Chapter, the owner of any commercial or industrial source of sound may apply to the City Manager for an exception in time to comply with this Chapter. The City Manager shall have the authority, consistent with this section, to grant an exception, not to exceed 1 year from the effective date of this Chapter. 2. Any person seeking an exception in time to comply shall file an application with the City Manager. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into 14 compliance with this Chapter prior to the date requested in the application would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Any individual who claims to be adversely affected by allowance of the exception in time to comply may file a statement with the City Manager containing any information to support their claim. If the City Manager finds that a sufficient controversy exists regarding an application, a public hearing may be held. 3. In determining whether to grant or deny the application, the City Manager shall balance the hardship to the applicant, the community, and other persons of not granting the exception in time to comply, against the adverse impact on health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions in time to comply and persons contesting exceptions may be required to submit any information the City Manager may reasonably require. In granting or denying an application, the City Manager shall create a written decision and the reasons for denying or granting the special exception. 4. Any exceptions in time to comply granted shall be granted to the applicant containing all necessary conditions, including a schedule for achieving compliance. The exception in time to comply shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this Chapter for which the exception was granted. 5. Application for extension of time limits specified in exceptions in time to comply or for modification of other substantial conditions shall be treated like applications for initial exceptions under subsections 1-4 above, except that the City Manager must find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification. 6. The City Manager or City Council may issue guidelines defining the procedures to be followed in applying for an exception in time to comply and the criteria to be considered in deciding whether to grant an exception in time to comply. D. Appeals Appeals of the decision of the City Manager on an application for an exception pursuant to Section B or C above shall be made to the City Council. Any appeal shall state the basis for the appeal. Decisions of the City Council may be made in writing or at a public meeting of the City Council. 8.24.080 Violation and Enforcement A. Violation Any person who is found guilty of violating this Chapter, either by failing to do those acts required in this Chapter or by doing a prohibited act, is guilty of a Class B misdemeanor punishable by a maximum sentence of up to six months in jail and a 15 maximum fine of $1,000. Each day such violation is committed or permitted to continue shall constitute a separate violation unless limited by Utah law. B. Enforcement Any peace officer or code enforcement officer is authorized to enforce the provisions of this Chapter. 8.24.090 Other Remedies No provision of this Chapter shall be construed to impair any common law or statutory cause of action, or legal remedy there from, of any person for injury or damage arising from any violation of this Chapter or from other law. Furthermore, nuisances may be abated by Code Compliance. The City Attorney may initiate legal action, civil or criminal, requested by the City Manager to abate any condition that exists in violation of this Chapter. In addition to other penalties imposed by a court of competent jurisdiction, any person(s) found guilty of violating this Chapter shall be liable for all expenses incurred by the City in undertaking abatement. 8.24.100 Severability If any provision of this Chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the Chapter shall not be invalidated. This Ordinance shall take effect upon passage. PASSED by the City Council in a public meeting on ______________________________. _________________________ Emily Niehaus, Mayor ATTEST: ______________________________ Sommar Johnson, Clerk/Recorder Title 11 NOISE POLLUTION Chapters: 11.01 Purpose; General 11.02 Definitions 11.03 Noise Disturbance Prohibited 11.04 Specific Noise Prohibitions 11.05 Noise Levels 11.06 Motor Vehicles 11.06 Exemptions; Exceptions 11.07 Enforcement CHAPTER 11.01 PURPOSE; GENERAL 11.01.010 Purpose 11.01.020 General Prohibition of Noise 11.01.030 Powers and Duties 11.01.010 Purpose. These regulations establish minimum standards to: A. Reduce the making and creation of excessive or unusual noises in the unincorporated areas of Grand County; and B. Prevent excessive or unusual noises that are prolonged or unreasonable in their time, place, or use, that affect and are a detriment to public health, comfort, convenience, safety, or welfare of the residents of and visitors to the unincorporated areas of Grand County; and C. Secure and promote the public health, comfort, convenience, safety, welfare and the peace and quiet of the residents of and visitors to the unincorporated areas of Grand County. D. Protect and preserve the County’s residential areas and Community Zones from avoidable noise impacts caused by excessive or unusual noises; and E. Balance the natural quiet of the surrounding desert landscape with its world-class recreation economy that depends on a variety of users and recreational experiences including mountain bikers, motorized Jeep/4x4 users, hikers, equestrians, hunters, boaters, climbers, dirt bikers, motorcyclists, bird watchers, road bikers, and adventure athletes such as basejumpers and slackliners. 11.01.020 General Prohibition of Noise. It is unlawful for any person to produce, continue, or cause to be produced or continued, any Excessive or Unusual Noise during any hours or Loud Noise during Restricted Hours within the unincorporated areas of Grand County that violates this Title. 11.01.030 Powers and Duties. The Sheriff, County Attorney, Commission Administrator, and Planning and Zoning Administrator shall be responsible for the administration of these rules and regulations and any other powers vested in them by law and shall make inspections of any premises and issue orders as necessary to effect the purposes of these regulations, and do any and all acts permitted by law that are necessary for the successful enforcement of these regulations. CHAPTER 11.02 DEFINITIONS 11.02.010 Definitions. A. “ATV” 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 Utah Code Annotated §41-6a-1509 to operate on highways in the state in accordance with Utah Code Annotated §41-6a-1509. B. “Commercial Zones” means Neighborhood Commercial, General Business, Highway Commercial, Resort Commercial and Resort Special and associated permissible overlays established by the Grand County Land Use Code. Commercial Zones shall not include the Heavy or Light Industrial Zones. C. “County” means Grand County or its designee, and all such references to a County employee or elected officer shall include their designee; D. “dBA” means the sound pressure level using the “A” frequency weighting and the fast response setting on a Sound Level Meter, unless otherwise noted or required by testing standards established by the County. E. “Device” means any mechanism that is intended to produce, or that actually produces noise when operated or handled. F. “Domestic Power Tools and Equipment” means any device powered mechanically, by electricity, by gasoline, by diesel fuel or by any other fuel, which is intended to be used, or is actually used for residential construction, repair, and maintenance. G. “Emergency” means a situation or occurrence which may present an imminent threat to the health, safety or welfare of any person, place or property. H. “Excessive or Unusual Noise” means any Sound or Noise that exceeds the “Maximum Sound Pressure Levels, dBA, during all hours” set forth in Chapter 11.05 when measured at the distances provided therein as measured on a Sound Level Meter. I. “Loud Noise” means any Sound or Noise that annoys or disturbs a reasonable person(s) with normal sensitivities or that injures or endangers the comfort, repose, health, hearing, peace or safety of another person(s), including any Sound or Noise that exceeds the “Maximum Sound Pressure Levels, dBA, during Restricted Hours” set forth in Chapter 11.05 when measured at the distances provided therein as measured on a Sound Level Meter. J. “Motorcycle” means a motor vehicle, other than a tractor, having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, or an autocycle, including an off-road motorcycle, as defined in Utah Code § 41-1a-102(42). K. “Motor Vehicle” means a self-propelled vehicle intended primarily for use and operation on the highways, as defined in Utah Code § 41-1a-102, including ATVs and Motorcycles. Motor Vehicle and Vehicle may be used interchangeably herein. L. “Muffler” means an apparatus consisting of a series of chambers or baffle plates designed to transmit gases while reducing sound, or as otherwise defined by Utah law. M. “Noise” means any sound that is harmful to the health, well-being, or quality of life of humans or animals. N. “Noise Disturbance” means any sound in an environment which is (a) harmful to the health, well-being, or quality of life of humans or animals; (b) unreasonably annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures personal or real property. Noise Disturbance constitutes noise pollution. O. “Off-Highway Motorcycle” means any motorcycle that is not an On- Highway Motorcycle. P. “Off-Highway Vehicle” means every all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle as defined in Utah Code § 41-22-2, including street-legal all-terrain vehicles as defined in and regulated by Utah Code § 41-6a-1509. Q. “On-Highway Motorcycle” means any motorcycle that: (a) is capable of achieving a maximum speed of at least 25 mph over a level paved surface and is equipped with features customarily associated with practical street or highway use, such features including but not limited to any of the following: stoplight, horn, rear view mirror, turn signals; or (b) has an engine displacement less than 50 cubic centimeters; produces no more than two brake horsepower; and cannot cannot exceed 30 mph over a level paved surface. R. “Plainly Audible” means any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound. S. “Property Boundary” means an imaginary line at the ground surface, and its vertical extension that separates the real property owned by one person from that property owned by another person. T. “Residential Property” shall mean any property used for living or dwelling by individuals. U. “Residential Zones” shall mean the Small Lot Residential, Large Lot Residential, Rural Residential and Multi-Family Residential Zones and associated permissible overlays established by the Grand County Land Use Code. As used herein, Residential Zone does not include the Range and Grazing Zone. V. “Restricted Hours” are from 9 pm to 7 am (and 9 pm to 9 am on Sunday), except during the summer months, defined as May through September, when the Restricted Hours are from 10 pm to 6 am. W. “Sound” means a temporal and spatial oscillation in pressure, or other physical quantity with interval forces that cause compression or rarefaction of the medium, and that propagates at finite speed to distant points. X. “Sound Level Meter” or “SLM” means a sound level meter meeting the ANSI S1.4 Type 1 or Type 2 standard for sound level meters, or the IEC 61672 Class 1 or Class 2 standard for sound level meters. Y. “Vehicle” means all Motor Vehicles and Off-Highway Vehicles as defined by Utah Code, Title 41, including street-legal all-terrain vehicles as defined in and regulated by Utah Code § 41-6a-1509. Vehicle and Motor Vehicle may be used interchangeably herein. CHAPTER 11.03 NOISE DISTURBANCE PROHIBITED 11.03.010 Noise Disturbance Prohibited No person shall make, continue, or cause to be made or continued any Noise Disturbance. CHAPTER 11.04 SPECIFIC NOISE PROHIBITIONS 11.04.010 Specific Noise Prohibitions During Restricted Hours Regardless of the Maximum Sound Pressure Level, the following Noise is expressly prohibited outdoors in Residential or Commercial Zones during the Restricted Hours, unless permitted by Grand County: A. Radios, Receivers, Televisions, Stereos, Speakers, Musical Instruments and Similar Devices for the production or reproduction of Sound if Plainly Audible one hundred feet (100’) from the Emitting Property Boundary or fifty feet (50’) from the source of the Sound if on public property; B. Public Loudspeakers or sound amplifying equipment in a fixed or moveable position or mounted upon any sound vehicle on any public or private property for the purposes of commercial advertising, giving instructions, directions, talks, addresses, lectures, or transmission of music to any persons or assemblages of persons; C. Animals that make frequent or habitual Noise, which prohibition shall apply to all private and public facilities, including any animal facilities that hold or treat animals; D. Loading Operations within five hundred feet (500’) of Residential Property, except as necessary for the collection of garbage, waste, refuse or recyclables by an operator approved by Grand County; E. Domestic Power Tools and Equipment; F. Fireworks, Explosives, Guns or other Explosive Devices; G. Powered Model Mechanical Devices powered by internal combustion engines, whether tethered or remote-controlled, or a model rocket vehicle, drone or other similar noise-producing devices; and H. Bells and Alarms including but not limited to, bells, chimes, or clocks in schools, houses of religious worship or governmental buildings for longer than five (5) minutes in any hour except in the event of emergency or natural disaster. CHAPTER 11.05 NOISE LEVELS 11.05.010 Noise Levels. Except as expressly provided herein, no person shall make Noise which creates Excessive or Unusual Noise during any hours or Loud Noise during the Restricted Hours, as set forth in Tables 1, 2 and 3 below. Table 1 Motor Vehicles (Stationary/Equipment Test) Maximum Sound Pressure Levels, dBA Emitted by Source Measured at a distance of 20” from Exhaust Outlet at an Angle of 45 degrees Motor Vehicle Type Stationary Test (Equipment Test) Maximum Sound Pressure Levels during All Hours ATVs SAE J1287 92 dBA All Other Motor Vehicles with a manufacturer’s gross vehicle weight rating of less than 9,000 pounds SAE J1492 92 dBA Motorcycles N/A See Section 11.06.030 Table 2 Motor Vehicles (Moving/Operational Test) Maximum Sound Pressure Levels, dBA Emitted by Source Measured at a Distance of 25’ from Centerline of Lane of Travel on County B Roads Motor Vehicle Type Maximum Sound Pressure Level, dBA Maximum Sound Pressure Level, dBA, during Restricted Hours Motorcycles and motor vehicles with a manufacturer’s gross vehicle weight rating of less than 9,000 pounds. 80 dBA 78 dBA Measured at a Distance of 50’ from Centerline of Lane of Travel on County B Roads Motor Vehicle Type Maximum Sound Pressure Level, dBA Maximum Sound Pressure Level, dBA, during Restricted Hours Motorcycles and motor vehicles with a manufacturer’s gross vehicle weight rating of less than 9,000 pounds. 74 dBA 72 dBA Table 3 Land Uses Maximum Sound Pressure Levels, dBA Emitted by Source Measured at Nearest Property Boundary Maximum Sound Pressure Level, dBA Maximum Sound Pressure Level, dBA, during Restricted Hours All Noise Impacting Residential Property, unless prohibited in Section 11.04.010 60 dBA 55 dBA All Noise Impacting Residential and Nonresidential Property, unless prohibited in Section 11.04.010 65 dBA 60 dBA CHAPTER 11.06 MOTOR VEHICLES 11.06.010 Motor Vehicle Regulations 11.06.020 Certain Noises Prohibited on Public Rights-of-Way During All Hours 11.06.030 Motorcycles 11.06.010 Motor Vehicle Regulations A person shall not: A. Equip, maintain, or operate a Vehicle that creates or causes Excessive or Unusual Noise; B. Operate any Vehicle, except an electric vehicle without a spark arrestor device and a muffler or other effective noise suppressing system in good working order and in constant operation; C. Use a muffler cut-out, bypass, or similar device on a vehicle; or D. Use a compression brake system(s) except as necessary for an emergency stop. 11.06.020 Certain Noises Prohibited on Public Rights-of-Way During All Hours The following Noise is declared to be Excessive or Unusual Noise and expressly prohibited during all hours on County B Roads and related public rights-of-ways in the unincorporated County: A. Horns and Signaling Devices on any Vehicle, except as a danger warning signal as provided by the Utah Vehicle Code; B. Racing Events unless such activity occurs during a permitted Special Event in Grand County; C. Revving, aka rapid throttle advance, of an engine; and D. Any noise-creating device, including a Vehicle, operated for the purpose of drawing attention to the source of the noise. 11.06.030 Motorcycles A. No person shall operate an On-Highway Motorcycle manufactured after December 31, 1985 not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 80 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Volume 24, Part 205, Subpart D and Subpart E. B. No person shall operate an Off-Highway Motorcycle manufactured after December 31, 1985 not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 82 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Volume 24, Part 205, Subpart D and Subpart E. CHAPTER 11.07 EXEMPTIONS; EXCEPTIONS 11.07.010 Exemptions 11.07.020 Exceptions 11.07.010 Exemptions The following Noise shall be exempt from Chapter 11.05: A. Safety signals, warning devices and emergency pressure relief valves; B. That resulting from any emergency or natural disaster, including Noise created by authorized private and public emergency and private or public utilities when restoring service; C. Activities of a temporary nature during periods permitted by ordinance, policy, or permit by the County Council, Planning and Zoning Administrator, or Chair of the Special Events Committee or their official designees, including sporting and recreational activities; D. Agricultural and gardening operations where i) all reasonable efforts have been made to mitigate impact on surrounding properties; ii) any equipment is used according to the manufacturer’s specifications and is in good working order; and iii) such operations do not occur during the Restricted Hours; E. Construction, fabrication, and property maintenance activities where i) all reasonable efforts have been made to mitigate impact on surrounding properties; ii) all equipment is used according to the manufacturer’s specifications and is in good working order; iii) such activity does not occur during the Restricted Hours; and iv) such activity is not of unusual duration or occurrence; F. The unamplified human voice, except as limited by Utah Statute § 76-9-102 (Disorderly Conduct); and G. Snow removal. 11.07.020 Exceptions A. On or before July 31, 2021, the owner of any residential, commercial or industrial source of sound may apply to the County Commission Administrator (or designee) for an exception in order to provide time to comply with the maximum sound pressure levels set forth in Table 3 of Section 11.05.010 above. The County Commission Administrator shall have the authority, consistent with this Section, to grant an exception, not to exceed 365 days from the date of such application unless extended by the County Commission Administrator for good cause. B. Any person seeking an exception in time to comply shall file an application with the County Commission Administrator. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this Chapter prior to the date requested in the application would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The applicant shall mail notice of the application for an exception in time to all neighbors within one hundred feet (100’) of the source of the sound and shall file an affidavit of mailing with the County Commission Administrator. Any individual who claims to be adversely affected by allowance of the exception in time to comply may file a statement with the County Commission Administrator containing any information to support their claim. If the County Commission Administrator finds that a sufficient controversy exists regarding an application, a public hearing may be held. C. In determining whether to grant or deny the application, the County Commission Administrator shall balance the hardship to the applicant, the community, and other persons of not granting the exception in time to comply, against the adverse impact on health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions in time to comply and persons contesting exceptions may be required to submit any information the County Commission Administrator may reasonably require. In granting or denying an application, the County Commission Administrator shall place on public file a copy of the decision and the reasons for denying or granting the exception in time to comply including a statement that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification. D. The County Commission Administrator may grant or deny the application. If the application is granted, the County Commission Administrator may impose conditions, including a schedule for achieving compliance. Noncompliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this Chapter for which the exception was granted. E. Appeals of an adverse decision of the County Commission Administrator shall be made to the County Commission. Review by the County Commission shall be limited to whether the decision is supported by substantial evidence. CHAPTER 11.08 ENFORCEMENT Sections: 11.08.010 Violation 11.08.020 Nuisance 11.08.030 Enforcement 11.08.040 Severability 11.08.010 Violation Any person who is found guilty of violating this Title 11, either by failing to do those acts required herein or by doing a prohibited act, is guilty of a Class B misdemeanor punishable by a maximum sentence of up to six months in jail and a maximum fine of $1,000. Each day such violation is committed or permitted to continue shall constitute a separate violation unless limited by Utah law. 11.08.020 Nuisance As an additional remedy, the operation or maintenance of any device, instrument, Vehicle or machinery in violation of any provisions of this chapter, or which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be, a public nuisance and may be subject to abatement as provided by law. 11.08.030 Enforcement A. Any peace officer is authorized to enforce the provisions of this section; provided that the County Commission may by administrative order authorize other officers or employees of the County to enforce all or part of the provisions of this Title 11. B. The County Attorney may initiate legal action, civil or criminal, to abate any condition that exists in violation of this Title 11. In addition to other penalties imposed by a court of competent jurisdiction, any person(s) found guilty of violating this Title 11 shall be liable for all expenses incurred by the County in removing or abating the Loud or Excessive Noise. 11.08.040 Severability In case any provision of this Title 11 shall be declared invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability. 4.03.010 4.03.020 4.03.030 Chapter 4.03 SPECIAL EVENT PERMITS REQUIRED--APPLICATION AND REVIEW PROCEDURE Sections: Permits required. Permit exceptions. Application and review procedure. 4.03.010 Permits required. Any person wishing to hold a special event shall first obtain a permit under this chapter. It is unlawful for any person to hold a special event without obtaining a special event permit. All permits issued pursuant to this chapter are nontransferable and expire on the date specified. (Ord. 18-15 § 3, 2018) 4.03.020 Permit exceptions. A. The following activities are exempt from this chapter: 1. Funeral processions by a licensed mortuary; 2. Activities lawfully conducted by a governmental agency on property or in facilities owned by that same agency; 3. Filming activities authorized by another type of permit; 4. Private events; or 5. Speech events that do not meet the definitions of a Level I or Level II event. (Ord. 18-15 § 3, 2018) 4.03.030 Application and review procedure. A. All requests for a special event permit shall be made on a special event application prescribed by the City. The applicant shall submit the permit fee with the completed application. Application materials are available at City Hall and online at the City of Moab website, and must be completed and submitted to the Special Events Coordinator according to the guidelines below unless otherwise approved by the Special Events Coordinator upon a showing of good cause: 1. Not less than ninety days prior to the scheduled opening of any Level I or Level II event; or Ch. 4.03 Special Event Permits Required--Application and Review Procedure | Moab Municipal Code Page 1 of 4 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 2. Not less than seven days prior to a speech event. 3. Level II events may apply no earlier than one year prior to the requested date of the event. B. All event applications will be reviewed to determine if the applicant has provided sufficient plans (including proof of financial responsibility and other licenses), equipment, personnel, and facilities to provide for the safe and orderly conduct of the event without imposing an unreasonable burden on public services, other businesses, or adjacent residents. Depending on the type and size of the event, the Special Events Coordinator may require the applicant to submit additional documentation prior to review by SERC, which may include but is not limited to: 1. Proof of financial responsibility, which may include damage deposit(s), a performance bond, and/or liability insurance sufficient to cover anticipated risks; 2. A transportation and traffic control plan showing parking, ingress/egress routes, pedestrian access, and emergency access; 3. A staffing and security plan, which shall identify and describe numbers and types of security personnel, emergency medical services (EMS) and/or fire personnel, other staff, support facilities, and the like; 4. A facilities plan showing power, lighting, public address, stage, restrooms, waste disposal, water facilities, vending, and other facilities needed for the event; 5. Proof that the applicant has obtained (or will obtain by the date of the event) any other applicable governmental permits or licenses needed for the event, including, but not limited to: sales tax licenses, alcohol licenses, access permits, and/or food service permits from the Southeastern Utah Health Department; 6. If applicable, a statement of authorization from the special event sponsor identifying all vendors intending to conduct business on the premises of the special event; and 7. Any other information deemed necessary by staff for review of the event. C. Upon receipt of a complete special event permit application and the permit fee, the Special Events Coordinator shall schedule the application for review by the SERC. The SERC shall review and shall have the authority to administratively approve, approve with conditions, or deny the following applications: 1. Level I applications and renewals; and 2. Level II applications for renewals with no substantial changes from the previous year’s event. D. Where an application is not subject to approval by the SERC, it shall review the matter and provide an advisory recommendation to the City Council. E. The City Council shall review and approve, approve with conditions, or deny the following applications: 1. Applications for new Level II events; as used herein, a “new Level II event” shall mean any Level II event being proposed for the first time; 2. An event renewal of a Level I event that now qualifies as a Level II event; Ch. 4.03 Special Event Permits Required--Application and Review Procedure | Moab Municipal Code Page 2 of 4 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 3. Level II event permit renewals where material elements of the event have substantially changed from the previous application; and 4. A Level II event which was not renewed for a period exceeding one year. F. The Special Events Coordinator shall promptly notify the applicant of the SERC recommendation to Council and of the date the application will be scheduled before the City Council. The application shall be heard at a duly noticed public meeting. The City Council shall review the application for compliance with the standards set forth in this chapter. G. Conditions required as part of the approval of an event permit may include, but are not limited to: 1. Restrictions on duration or hours of operation; 2. Restrictions on total attendance; 3. Limitations on vending or alcohol sales; 4. Limitations on parking, participant transportation, ingress/egress; 5. Limitations as to noise, dust, glare, or sound amplification; 6. Security, EMS, or other public safety measures; 7. Insurance, damage deposits, or other financial guarantees; and 8. Other measures which may reasonably provide for public health, safety, and welfare in connection with an event. H. For purposes of this chapter, a special event permit is not deemed granted until the Special Events Coordinator certifies in writing that all conditions of approval required prior to the event date have been satisfied. I. A special event permit issued under this chapter is specific to the permittee, and may not be assigned. Any purported assignment shall result in the permit being deemed void. (Ord. 18-15 § 3, 2018) Ch. 4.03 Special Event Permits Required--Application and Review Procedure | Moab Municipal Code Page 3 of 4 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. Disclaimer: The City Recorder's Office has the official version of the Moab Municipal Code. Users should contact the City Recorder's Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: moabcity.org City Telephone: (435) 259-5121 Code Publishing Company Ch. 4.03 Special Event Permits Required--Application and Review Procedure | Moab Municipal Code Page 4 of 4 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. Disclaimer: The City Recorder's Office has the official version of the Moab Municipal Code. Users should contact the City Recorder's Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: moabcity.org City Telephone: (435) 259-5121 Code Publishing Company 12.20.010 Designated--Erection of signs. A. Public parks in the City, except as otherwise provided, shall be closed at eleven p.m. daily, and shall remain closed until five a.m. of the next day. B. Appropriate signs shall be erected, giving notice of the closing hours established in this section in each public park. C. When the aforesaid signs have been erected, it shall be unlawful for any person, except a person excepted from the operation of this subsection, to enter or remain in or upon the premises of any park during the hours of closing established in this section. (Ord. 16-12 (part), 2016: Ord. 10-81 (part), 1981: prior code § 29-1-1) 12.20.010 Designated--Erection of signs | Moab Municipal Code Page 1 of 1 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. Page 1 of 7 April 13, 2021 MOAB CITY COUNCIL MINUTES--DRAFT REGULAR MEETING April 13, 2021 The Moab City Council held its Regular Meeting on the above date. Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54-2-207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID-19 pandemic and considering public health orders limiting in-person gatherings, the Moab City Council will continue to hold meetings by electronic means. An audio recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Pre-Council Workshop: Mayor Emily Niehaus called the Pre-Council Workshop regarding the Proposed Fiscal Year 2021-2022 Annual Budget and a 2021 Legislative Update to order at 5:06 p.m. Participating remotely were Councilmembers Karen Guzman-Newton, Tawny Knuteson-Boyd, Rani Derasary, Mike Duncan and Kalen Jones. City staff participating remotely were Manager Joel Linares, Assistant Manager Carly Castle, Attorney Laurie Simonson, Finance Director Ben Billingsley, Acting Finance Director Rachel Stenta and Recorder Sommar Johnson. A video recording is archived at https://www.youtube.com/watch?v=d0aNd1-ykAM. Budget workshop: The workshop began with questions from Council. Councilmember Jones asked about the City’s July Fourth celebration and inquired if there would be more to the festivities than the fireworks show. City Manager Linares described various planned activities. Councilmember Duncan brought up his desire to fund some water monitoring efforts to be shared with other agencies. City Manager Linares explained the project could be funded from the culinary water enterprise fund. Councilmember Derasary noted that the County had water monitoring on a list of recommended projects for the Community Impact Board (CIB) list; she asked whether the City’s Water Conservation and Drought Management Advisory Board could give the Council advice on the most pressing water expenses. Assistant Manager Castle stated staff had a “rating and ranking” list for this focus. Discussion ensued regarding the City’s capital projects list; City Manager Linares explained there was not enough money in the proposed budget to move forward with the approximately $68 million in projects. The first monies collected from the Recreation, Arts and Parks (RAP) tax were discussed and it was mentioned that a citizen’s committee was to be formed to recommend disbursement of the funds. Councilmember Derasary brought up questions from her recent meeting with the League of Women Voters about the proposed property tax. City Manager Linares explained that all properties would be taxed, and primary residences are taxed at 55 percent of assessed value with commercial and second homes taxed at 100 percent of assessed value. Mayor Niehaus brought up potential annexations and enhanced amenities offered to City residents versus County residents, such as reduced rates at the recreation center. Mayor Niehaus asked council if there were concerns about moving forward with a discussion on a possible municipal property tax. Councilmember Derasary brought up the impact of other funds without a property tax in place, and Councilmember Duncan recalled the history of the school district’s repeated tax increase failures until a convincing campaign swayed the vote. Councilmember Knuteson-Boyd stated it was due to a convincing educational piece, not a “sales job.” Councilmember Derasary noted her interest in increased law enforcement and related costs. Mayor Niehaus stated her interest in more fully funding the Planning Department. When asked by the Mayor for expense priorities in view of the budget development process, Councilmember Derasary stated her interest in developing a quality downtown district, ensuring Page 2 of 7 April 13, 2021 culinary water availability and adequate signage on City streets. Councilmember Guzman- Newton had questions about the street paving projects. Councilmember Jones spoke about a focus on deliverables pertaining to Planning, a visioning process, and ensuring Hotspot funding and parking projects were completed. Bike paths were also mentioned. Legislative Update: Casey Hill of Red Hill Strategic was joined by his colleagues Greg Curtis, Lincoln Shurtz and Mark Walker. They discussed with the Mayor and Council various legislation that pertained to the City’s interests and their lobbying efforts, including off-highway vehicle (OHV) curfews, electronic billboards, Transient Room Taxes, short-term rentals and more. Future plans were considered. Regular Meeting Call to Order and Attendance: Mayor Niehaus called the Regular City Council Meeting to order at 7:06 p.m. Participating remotely were Councilmembers Guzman- Newton, Knuteson-Boyd, Derasary, Duncan and Jones. City staff participating remotely were Manager Linares, Assistant Manager Castle, Attorney Simonson, Recorder Johnson, Police Chief Bret Edge, Engineer Chuck Williams and Sustainability Director Mila Dunbar-Irwin. A video recording is archived at https://www.youtube.com/watch?v=CiOn5FlmGHw. Citizens to be Heard and Public Hearings: For ease of citizen participation, Mayor Niehaus combined the public hearings with Citizens to Be Heard. Public Hearing on Vehicular Noise: Mayor Niehaus opened a public hearing and discussion among Council Members and staff regarding actions the City can take to mitigate vehicular noise including: (1) a draft revision of the City's noise ordinance, (2) noise and speed limit enforcement, (3) a recreation opportunity spectrum analysis, and (4) City participation in noise mitigation efforts on public lands. Dan Kent stated he appreciates the direction the City is heading to combat noise in our town. He urged Council to keep trying everything to combat the invasion of noisy OHVs and to stop the damage. He stated education was key and encouraged Council to beef up the police force. Kent Green stated he appreciated the hard work of the Council. He said we can all work together and encouraged the City to work with the businesses, which, he added, are not the root of the problem. He said the [rental] machines meet a standard and we can all come together. He thanked the Council for their professionalism and appreciated that they were working with outfitters. Mayor Niehaus asked Mr. Green for his opinion on the proposed noise ordinance, and he spoke about the hardship of fleet size limits, and stated he wants to be able to sell his business and relocate it to a commercial area and have less impact on neighborhoods. Clif Coontz of Ride with Respect and the Grand County Motorized Trails Committee thanked Attorney Simonson for her review of his concerns. He brought up stationary sounds tests and referred to Environmental Protection Agency (EPA) labels on motorcycle mufflers. He stated the proposed level of decibels was rather strict and it needs clarification. He thanked the City for this first shot and asked Council to please continue to “work with us.” Six written submissions for the public hearing regarding noise were received: Darcey Brown wrote: Please do whatever you can to limit UTVs and also their noise—speed bumps, electric only, more police funding, legislature lobbying... Friends of mine who moved from Moab to be in a quieter community are now moving out of Silverton as they can’t stand the UTVs. Thank you. Page 3 of 7 April 13, 2021 Anne Clare Erickson wrote: First I would like to thank you for your continued dedication to our town and county. Thank you. I am writing to let you know that I would really like to encourage you to continue on with the noise issue. I am disappointed that the curfew times did not pass the legislature. Over this past weekend the noise heading up the Sand Flats road well past 11 PM was disturbing. Please act for US, the people who live here and keep our mental health and safety in mind. There are so many residents who are fed up with all the noise from the UTVs. Yes, there are some businesses that are benefiting but why should we all have to live with their profits buzzing and droning all around the town and county? Please do everything you can to mitigate this situation. We need a strong noise ordinance. And one that is not based just on decibels as it is often the drone in the distance that is just as annoying to hear at night. It needs to be a strong enough ordinance, with enough enforcement to make it work. We need to have them tested as they are actually driving because they get louder and louder as they go uphill. There are times when I am at work and have to ask the person on the phone to wait for a moment as I can’t hear them. Here are some suggestions: •DO NOT allow any more UTV rental businesses in town or the county. •Demand that the UTVs are not louder than cars as they are all over our residential streets at all hours of the day and night. •Set a very stringent motor vehicle noise limit (there are also street race cars racing around late at night). •Require as soon as possible that if UTVs are not quiet and meet noise levels that they MUST be trailered to the trailhead. •No other business in Moab impacts the community like the UTV rental business. Make them get quieter machines. The rental businesses need to trailer the super loud machines out of town. There are a huge number of the UTVs heading to the Sand Flats Road that are rentals. So please don’t allow any more rental businesses in town. We as a town need to be able to determine what is going to happen. The legislators voting against helping our noise problem have not been wakened up, had times when they can’t sit in their yard or have to avoid visiting places we love because the sound of the UTVs is too much to bear. Thank you for your work on this issue and the opportunity to comment. Paul Franck wrote: Please consider the following requests: Do whatever possible to minimize UTVs driving on Moab City Streets. Do whatever possible to limit the establishment of new UTV rental businesses. Do whatever possible to keep existing rental business from increasing their fleet size. Set motor vehicle noise limits as low as legally possible. Include loud “street racer" type vehicles in the discussion of noise issues. Strongly encourage the BLM to establish a permit system for UTV use, at Sand Flats and other high use areas in Grand County. Strongly encourage the BLM to establish a rigorous and long-term analysis of motor vehicle impacts on federal public lands in Grand County. Cassie Paup wrote: I work in the City and my office is on the corner of 300S and 200E. The UTV traffic noise at this location is incredibly loud, especially at certain times of the day. I can't leave the windows open during a meeting or phone call or if I want to concentrate. Even with the windows closed, the UTV traffic noise from 300 S is very audible and distracting. I highly encourage you to create and enforce a noise ordinance that requires all vehicles to be as quiet as regular, properly functioning passenger cars. Kind regards. Robin Straub wrote: I support a noise ordinance that applies to all vehicles, including UTVs! Phillip Wagner wrote: I strongly advocate for a noise ordinance that caps all vehicle noise, including ATVs, to as close to passenger cars as possible while we continue to fight to get ATVs off the streets completely! Public Hearing on Institutional Water Rates: Mayor Niehaus opened a public hearing regarding Proposed Ordinance 2021-08: An Ordinance Amending the Municipal Sewer Rate Page 4 of 7 April 13, 2021 Classification to Modify Institutions Including Churches and Government Facilities to be Calculated Using the Winter Water Rate Use Calculation. There were no comments. Citizens to be Heard: There were no Citizens to Be Heard. Recorder Johnson reported there were four written comments archived at https://moabcity.org/151/City-Council. Councilmember Knuteson-Boyd moved to close the public hearings. Councilmember Guzman- Newton seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Mayor Niehaus closed the public hearings at 7:30 p.m. Administrative Report: Recorder Johnson introduced the proposal for ranked-choice voting in the next municipal election. When asked by Councilmember Duncan about Grand County’s ability to manage this type of election on behalf of the City, Johnson stated that Grand County does not have the software nor infrastructure to conduct such an election at this time and added that Utah County is willing to do it. Johnson answered a question from Mayor Niehaus regarding costs. City Engineer Williams displayed a map of the City’s speed limit zones and discussed options for making speed limits consistent or for conducting traffic studies in order to change the limits. Police Chief Edge gave an overview of staffing levels and recent interviews resulting in employment offers. He presented data on staffing levels in similar jurisdictions. Councilmember Guzman-Newton asked about how Sedona used police force volunteers. Councilmember Jones asked how national conversations regarding law enforcement were reflected in the interviews. City Manager Linares introduced Mila Dunbar-Irwin, the newly-hired Sustainability Director. He also mentioned interviews were underway for the City’s Director of Parks, Recreation and Trails. He thanked the Utah Department of Transportation (UDOT) and Le Grand Johnson Construction for their accommodations to weekend traffic as they work to complete the Highway 191 widening project north of downtown. Linares concluded with a reminder that appointments with City staff are available, the Treasurer’s Office is open for walk-in traffic, masks are required and the County’s mask mandate has been extended to June. Councilmember Duncan suggested Dunbar-Irwin calculate the culinary water impact of new lodging establishments. Councilmember Derasary extended a welcome to Dunbar-Irwin. Mayor and Council Reports: Mayor Niehaus stated she participated in meetings with the Water Quality Board, Southeastern Utah Association of Local Governments (SEUALG) and Congressman John Curtis during his recent visit to Moab. Niehaus brought up the soft launch of the Moab app and noted work to ensure Moab will host a licensee for medical marijuana. She mentioned data regarding a contemplated bypass, which seeks to determine whether travelers are passing through Moab or are staying in Moab. She mentioned a meeting of the Housing Rural Subcommittee in which she participated, and noted the legislature allocated $500,000 for pre-development grants. Councilmember Derasary reported that rural Emergency Medical Services (EMS) agencies would be receiving funds for training and recruitment. She described a water conservation summit she attended and noted that, according to the National League of Cities, many jurisdictions are moving away from funding water infrastructure with savings and are instead Page 5 of 7 April 13, 2021 utilizing bonding and grants. She spoke about lessons learned regarding water delivery and noted the culinary water management workforce is nearing retirement. Derasary reported on the Southeast Utah Riparian Partnership and noted the Grand County Weed Department can help residents with invasive plants [435-259-1369]. She spoke about the need for a culinary water ordinance and concluded with a mention of constituent concerns about fire risks and potholes in the streets. Mayor Niehaus also brought up the culinary water ordinance and Assistant Manager Castle reported the proposed ordinance had been sent to the City’s water attorney for review. Councilmember Duncan reported Regional Engineer Marc Stilson of the Utah Division of Water Rights supports Moab’s efforts to enact a water ordinance. Duncan also touched on his work on a field-operated decibel meter. Councilmember Knuteson-Boyd stated she would give a report on her activities at the next meeting. Councilmember Guzman-Newton announced the Chamber of Commerce golf tournament would be Friday, April 16. She thanked the organizers and participants of the Chamber’s Chat series that brought business owners together to discuss educational efforts regarding vehicular noise, impacts on tours and rentals, self-imposed curfews and other topics. She mentioned her work on the Airport Board and noted the flights between Canyonlands Field and Salt Lake City would commence May 5 and roundtrip flights would be priced at $150. She repeated her request for volunteers to participate in an April 22 exercise at the airport for a disaster mitigation exercise. Guzman-Newton concluded with a mention of the school district yard sale at the site of the old middle school. Councilmember Jones reported on an upcoming yard sale and planting day for Community Rebuilds on April 17. He mentioned a meeting of the Housing Task Force and noted a 50-family wait list at Cinema Court. Jones mentioned outreach efforts by Grand County pertaining to high-density deed restrictions aimed at real estate agents. He mentioned a Travel Council advertising campaign for the autumn aimed at fly-in visitors. He said he participated in an interview for “This Week in Moab” and helped with the hiring process for the new Sustainability Director. He mentioned outreach efforts regarding Dark Skies code compliance, bonding for the solid waste district, and expectations as the Solid Waste District takes over local waste hauling. Mayor Niehaus asked about whether the new senior housing facility was filled and Councilmember Knuteson-Boyd stated she thought it was and would report back. Approval of Minutes: Motion and Vote: Councilmember Jones moved to approve the minutes for the March 23, 2021, Regular Meeting and the April 6, 2021 Special Meeting. Councilmember Guzman-Newton seconded the motion. The motion passed 5-0 with Councilmembers Derasary, Jones, Guzman- Newton, Knuteson-Boyd, and Duncan voting aye. Old Business: Institutional Sewer Rates—Approved Presentation: City Manager Linares briefly reviewed the proposal and noted a rate study would be needed in the future. Councilmember Derasary pointed out that, after the study, rates for all users may change. Motion: Councilmember Knuteson-Boyd moved to approve Proposed Ordinance 2021-08: An Page 6 of 7 April 13, 2021 Ordinance Amending the Municipal Sewer Rate Classification to Modify Institutions Including Churches and Government Facilities to be Calculated Using the Winter Water Rate Use Calculation. Councilmember Jones seconded the motion. Discussion: Councilmember Jones stated he supports the effort to support fairness in billing and noted the Moab Information Center may not be similar to the other institutions with regard to use patterns. Mayor Niehaus asked about staff workload related to the proposed change and City Manager Linares stated it was impacting ten customers so the workload for the Treasurer’s staff would be minimal. Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. New Business: Consent Agenda—Approved Motion and Vote: Councilmember Derasary moved to approve the consent agenda. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Solid Waste and Recycling Franchise Agreement: Resolution 10-2021 consents to the assignment and delegation of the Franchise Agreement Between the City of Moab and Monument Waste Services, LLC. for Residential, Municipal and Commercial Solid Waste and Recycling Collection. Depositories for Moab City Funds: Proposed Resolution #11-2021 – Designating Depositories for Moab City Funds. Lot Line Adjustment at 471 S Main Street: Proposed Resolution 14-2021: A Resolution Approving the Lot Line Adjustment of Property Located at 471 S Main Street, Moab, UT. Lot Consolidation at 1043 S, 1053 S and 1063 S Mill Creek Drive: Proposed Resolution 15-2021: A Resolution Approving the Lot Consolidation of Properties Located at 1043 S and 1053 S and 1063 S Mill Creek Drive, Moab, UT. Community Renewable Energy Program—Approved Presentation: Assistant Manager Castle stated the maximum cost for Moab would be $12,000 over two years. Councilmember Duncan asked if the cost would decrease if other communities became involved. Motion and Vote: Councilmember Jones moved to approve Proposed Resolution 17-2021, A Resolution establishing the City of Moab’s participation as an Anchor Community in the Community Renewable Energy Program and authorizing the Interlocal Agreement between participating public entities. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman- Newton voting aye. Draft Noise Control Ordinance—Discussion Attorney Simonson introduced consultant Les Blomberg. Simonson mentioned the chief complaints from citizens and visitors regarding noise pollution and noted the Utah legislature made it clear their desire for Moab to create its own noise ordinances. She pointed out Kent Green may have been referring to the County’s proposed ordinance in his public comments and not the City’s. She explained the City has a proposed ordinance regarding noise with a means to enforce it, and the intention is to repeal and replace the existing ordinance. She went on to explain the willingness of local businesses to assist and that there is agreement that excessive noise is a problem. She stated the intent to enact an ordinance that is not a detriment to businesses. She further defined noise pollution as excessive noise that degrades the quality of life for residents. Discussion ensued regarding enforceable times of day and days of the week for Page 7 of 7 April 13, 2021 the proposed ordinance, exemptions, descriptions of noise sources to include more contemporary devices, and definable distances regarding noise impacts. The discussion shifted to vehicular noise and enforcement tools such as EPA stickers and various decibel tests. Mayor Niehaus suggested staff and council consider options in the coming weeks in advance of the next regular meeting. Approval of Bills Against the City of Moab: Motion and vote: Councilmember Knuteson-Boyd moved to approve the bills against the City of Moab in the amount of $496,777.26. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Jones, Duncan, Guzman-Newton, Derasary, and Knuteson- Boyd voting aye in a roll call vote. Adjournment: Councilmember Jones moved to adjourn the meeting. Councilmember Knuteson-Boyd seconded the motion. The motion passed unanimously and Mayor Niehaus adjourned the meeting at 9:57 p.m. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Page 1 of 2 April 20, 2021 MOAB CITY COUNCIL MINUTES--DRAFT SPECIAL MEETING April 20, 2021 Moab City Council held a Special Meeting on the above date. Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54-2-207(4), the Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the COVID-19 pandemic, Moab City Council held this meeting by electronic means. An audio recording is at http://www.utah.gov/pmn/index.html; a video recording is archived at https://www.youtube.com/watch?v=HR3yNmAwfwM. Mayor Emily Niehaus called the Special Meeting to order at 6:06 p.m. Participating remotely were Councilmembers Rani Derasary, Tawny Knuteson-Boyd, Mike Duncan and Kalen Jones. Councilmember Karen Guzman-Newton was not in attendance. City staff participating remotely were Manager Joel Linares, Assistant Manager Carly Castle, Attorney Laurie Simonson and Recorder Sommar Johnson. Guests in attendance included staff from the Utah County Elections Department and others who presented information regarding ranked-choice voting: Josh Daniels, Andrew Haun, Audry Wood, Kory Holdaway, Rozan Mitchell and Karlee Jarvis. Presentation on Ranked Choice Voting Mr. Daniels introduced ranked-choice voting for the Council’s consideration regarding its upcoming municipal election. He spoke about the ease with which voters understood the process. He described equipment and software needs to conduct such elections and he explained the tallying process. Mayor Niehaus asked about costs and it was explained that eliminating the need for a primary election reduced overall expenses, and the cost for Utah County to administer the election would be less costly than having Grand County administer the election. Recorder Johnson reviewed costs incurred utilizing Grand County as the election administrator, which, she pointed out, are substantially higher than Utah County’s estimate. Signature verification was discussed. Councilmember Duncan asked if an entire ballot would need to be ranked-choice or if it could be a combination; Mr. Daniels explained it could be a mixture. Further discussion encompassed the tabulation process, multiple winners and costs. Recorder Johnson pointed out state funding available for public education regarding ranked-choice voting. Proposed Fiscal Year End 2022 Budget Workshop The workshop shifted to a discussion of the proposed budget. In addition to the above- referenced staff, in attendance were Finance Director Ben Billingsley, Acting Finance Director Rachel Stenta, Public Works Director Levi Jones, Human Resources Director Danielle Guerrero, Engineer Chuck Williams, Police Chief Bret Edge, Wastewater Reclamation Facility Superintendent Obe Tejada and Planner Nora Shepard. Finance Director Billingsley presented budget priorities for the water and sewer departments. Discussion ensued about sewer costs not covered by expected revenues. Alternate funding sources for the sewer department were examined. The public safety budget was briefly presented. Billingsley pointed out a new part-time animal control officer position has been proposed. The high cost of housing as a recruitment impediment was discussed including the prospect of reserving some Walnut Lane units for staff. The Planning Department budget, including staffing needs, was deliberated. It was agreed that the Visioning Process expense would be moved to the Administration budget, and expenses related to transportation planning Page 2 of 2 April 20, 2021 would move to Engineering. City Manager Linares asked if funds should be reallocated from other departments in order to increase the Planning staff. Councilmember Jones pointed out all departments were already operating on lean budgets. Councilmember Derasary suggested that, optimally, the Planning Department would have adequate staffing to be proactive rather than reactive. Human Resources Director Guerrero announced a proposed 1.8 percent Cost of Living Adjustment (COLA) for personnel. Adjournment: Councilmember Jones moved to adjourn. Councilmember Knuteson-Boyd seconded the motion. The vote to adjourn was unanimous. Mayor Niehaus adjourned the meeting at 8:15 p.m. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder 1 Moab City Council Agenda Item Meeting Date: April 27, 2021 Item: Ordinance No. 2021-07 - A Text Amendment to the Moab Municipal Code Repealing and Replacing Chapter 8.24 “Noise” Staff Presenter: Laurie Simonson, City Attorney Disposition: Discussion and possible action Attachments: - Attachment 1: Redlined version of the draft of Ordinance No. 2021-07 presented to the Council at the April 13, 2021 City Council meeting - Attachment 2: Ordinance No. 2021-07 - A Text Amendment to the Moab Municipal Code Repealing and Replacing Chapter 8.24 “Noise” - Attachment 3: Grand County adopted Ordinance, Title 11, Noise Pollution - Attachment 4: Moab Municipal Code, Chapter 4.03, Special Event Permits Required-Application and Review Procedure - Attachment 5: Moab Municipal Code §12.20.010 Proposed Motion: “I move to approve Ordinance No. 2021-07 - A Text Amendment to the Moab Municipal Code Repealing and Replacing Chapter 8.24 ‘Noise.’” Background: The City Council considered a draft of Ordinance No. 2021-07 at its regularly held City Council meeting on April 13, 2021. As stated at that meeting, the purpose of Ordinance No. 2021-07 (“Ordinance”) is to prevent noise pollution and excessive noise which may jeopardize the health, comfort, convenience, welfare, peace or safety of the citizens of Moab or degrade their quality of life. At the meeting on April 13, 2021, the Council provided guidance to staff 2 regarding several provisions of the draft Ordinance. Staff has included the changes upon which the Council had a general consensus. They are as follows: 1. Construction hours and maintenance exempted from the decibel limits from 7:00 am to 6:00 p.m. on weekdays and Saturdays 8:00 a.m. to 6:00 p.m. (See Attachment 1 at page 10.) 2. Night-time hours from 10:00 p.m. to 7:00 a.m. the following day Monday – Saturday and 9:00 a.m. on Sunday. (See Attachment 1 throughout.) 3. Exempt the High School from the Ordinance. (See Attachment 1 at page 11.) 4. Update the word “phonograph” to the word “speaker.” (See Attachment 1 at page 7.) In addition, several Councilmembers communicated with staff directly after the April 13, 2021 meeting with corrections, comments, suggestions or questions regarding the draft Ordinance. Staff has made changes to the Ordinance to address any necessary corrections and to make suggested stylistic changes. Staff has not made any policy changes to the Ordinance based upon any communication received after the Council meeting but has captured those policy questions at the end of this Agenda Summary and requests specific direction as to these questions. Further revisions to the draft Ordinance include the following: 1. Staff has included an exception for Public Works operations and activities in §8.24.050 Sound Levels by Receiving Land Use, Section B “Exemptions.” (See Attachment 1 at page 11.) 2. As staff explained at the April 13, 2021 meeting, staff placed certain provisions of the draft Ordinance in brackets to highlight areas where particular guidance was needed from the Council. Staff has removed the brackets. (See Attachment 1 throughout.) 3. Staff has put the draft Ordinance in the format necessary for adoption by the Council. (See Attachment 1 throughout.) 3 A redlined version of the draft Ordinance is attached to this Agenda Summary as Attachment 1. A clean version of the Ordinance in the format necessary for adoption is attached as Attachment 2. As additional background, on April 20, 2021, the Grand County Commission passed a revision of the County’s noise regulations. (See Attachment 3.) Key provisions of that Ordinance include: 1. A definition of night-time or “restricted” hours as “from 9 pm to 7 am (and 9 pm to 9 am on Sunday), except during the summer months, defined as May through September, when the Restricted Hours are from 10 pm to 6 am.” (Attachment 3 at page 4.) 2. A decibel limit of 92 dBA for the 20” stationary tailpipe test for ATVs and vehicles under 9,000 pounds. (Attachment 3 at page 6.) 3. EPA sticker requirement. (Attachment 3 at page 8.) The decibel limits proposed in this Ordinance are consistent with those enacted by Grand County. For example, the County has enacted a 92 dBA limit measured by a 20” stationary test for ATVs and all other vehicles weighing less than 9,000 pounds. (See Attachment 3 at page 6.) This Ordinance proposes a 92 dBA limit for motor vehicles when measured by a 20” stationary test during daytime hours. (See Attachment 1 at page 12.) The County’s ordinance enacted a maximum sound pressure level of 80 dBA for vehicles weighing less than 9,000 pounds measured by a 25’ pass by test during daytime hours and 78 dBA for nighttime hours. (See Attachment 3 at pages 6-7.) This Ordinance proposes the same DBA limits for daytime hours and nighttime hours. (See Attachment 1 at page 13.) The County’s ordinance also enacted a maximum sound pressure level of 74 dBA for vehicles weighing less than 9,000 pounds measured by a 50’ pass by test during daytime hours and 72 dBA for nighttime hours. (See Attachment 3 at page 7.) This Ordinance proposes the same DBA limits for daytime hours and nighttime hours. (See Attachment 1 at page 13.) 4 Regarding the decibel limits for the stationary test, Clif Koonz performed a stationary 20” tailpipe test on Kent Green’s 2020 Kawasaki KRX ATV which has 3,000 miles and it tested at 91 dBA. Therefore, local business owners feel that their fleets would comply with a 92 dBA stationary tailpipe test. The Motorized Trail Committee supports a 92 dBA limit for the stationary tailpipe test. With regard to the night-time decibel limits for vehicles, many local ATV business owners have indicated that they support those hours being 10:00 p.m. to 7:00 a.m. and have indicated that this would not impact their sunset tours. Mr. Ken Green has indicated that he can live with these hours. Jeremy Rowan of Outlaw Jeep is agreeable to these hours as are Moab Tours, and Epic 4x4 among others based upon comments made at the County or Chamber listening sessions. Many local companies have indicated that they are also following voluntary nighttime curfews for their rental fleets. Additionally, there was a strong sentiment conveyed at the listening sessions that the noise regulations adopted by the City and County be consistent. Finally, this Ordinance does not create fleet caps or restrictions on land use or business licensing. This Ordinance is solely a revision of the City’s noise regulations and does not change the City’s land use or business licensing regulations. Questions for Council to answer: 1. What night-time hours does the Council want for the dBA limit for vehicles (i.e. 10:00 pm to 7:00 am the following day Monday – Saturday and 9:00 a.m. on Sunday)? 2. What decibel limit does the Council want for vehicles (i.e. 92 dBA for the stationary tailpipe test)? 3. Does the Council want to include an annual decrease in the dBA limits? 4. Do the hours for construction and maintenance as stated in the Ordinance reflect the Council’s intent? 5 5. Does the Council want to put night-time hours on the exclusion for the “unamplified human voice” (i.e. the unamplified human voice is excluded except for from 10:00 pm to 7:00 am the following day Monday – Saturday and 9:00 a.m. on Sunday)? 1 DRAFT - CITY OF MOAB, UTAH Noise Control ORDINANCE NO. 2021-07 AN ORDINANCE REPEALING AND REPLACING MOAB MUNICIPAL CODE CHAPTER 8.24 WHEREAS, excessive noise and vibration are serious hazards to public health, welfare, safety, and quality of life; WHEREAS, numerous studies have found that noise pollution increases anxiety, depression, high blood pressure, heart disease, and stroke and that small increases in unwanted ambient sound have significant health effects and that noise aggravates health conditions by inducing higher levels of stress; WHEREAS, a substantial body of science and technology exists by which excessive noise and vibration may be substantially abated; WHEREAS, people have a right to and should be ensured an environment free from excessive noise and vibration that may jeopardize their health, welfare, or safety or degrade their quality of life; WHEREAS, pursuant to Utah Code Annotated §10-8-76 Noise Abatement, a municipality may regulate noise; WHEREAS, pursuant to Utah Code Annotated §41-22-13 Prohibited Uses, “no person may operate an off-highway vehicle in connection with . . . damage to the environment which includes . . . excessive mechanical noise;” WHEREAS, pursuant to Utah Code Annotated §10-8-84 Ordinances, rules, and regulations -- Passage – Penalties, a municipal legislative body may “pass all ordinances and rules, and make all regulations, not repugnant to law, necessary for carrying into effect or discharging all powers and duties conferred by this chapter, and as are necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort, and convenience of the city and its inhabitants, and for the protection of property in the city;” WHEREAS, it is the policy of the City of Moab to prevent noise pollution and excessive noise which may jeopardize the health, comfort, convenience, welfare, peace or safety of its citizens or degrade their quality of life. NOW, THEREFORE BE IT ORDAINED by the Moab City Council that:, it is the policy of the City of Moab to prevent noise pollution and excessive noise which may jeopardize the health, comfort, convenience, welfare, peace or safety of its citizens or degrade their quality of lifeMoab Municipal Code Chapter 8.24 be repealed in its entirety and be replaced with the following:. 8.24.010 Short Title This Ordinance is titled and may be cited as the Noise Control Ordinance or Chapter of the Formatted: Indent: Left: 0" 2 City of Moab. 8.24.020 Declarations of Findings and Policy, Scope A. Declaration of Findings and Policy WHEREAS, excessive noise and vibration are serious hazards to public health, welfare, safety, and quality of life; WHEREAS, numerous studies have found that noise pollution increases anxiety, depression, high blood pressure, heart disease, and stroke and that small increases in unwanted ambient sound have significant health effects and that noise aggravates health conditions by inducing higher levels of stress; WHEREAS, a substantial body of science and technology exists by which excessive noise and vibration may be substantially abated; WHEREAS, people have a right to and should be ensured an environment free from excessive noise and vibration that may jeopardize their health, welfare, or safety or degrade their quality of life; WHEREAS, pursuant to Utah Code Annotated §10-8-76 Noise Abatement, a municipality may regulate noise; WHEREAS, pursuant to Utah Code Annotated §41-22-13 Prohibited Uses, “no person may operate an off-highway vehicle in connection with . . . damage to the environment which includes . . . excessive mechanical noise;” WHEREAS, pursuant to Utah Code Annotated §10-8-84 Ordinances, rules, and regulations -- Passage – Penalties, a municipal legislative body may “pass all ordinances and rules, and make all regulations, not repugnant to law, necessary for carrying into effect or discharging all powers and duties conferred by this chapter, and as are necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort, and convenience of the city and its inhabitants, and for the protection of property in the city;” NOW, THEREFORE, it is the policy of the City of Moab to prevent noise pollution and excessive noise which may jeopardize the health, comfort, convenience, welfare, peace or safety of its citizens or degrade their quality of life. B. Scope This Chapter shall apply to the control of all noise originating within the limits of the City of Moab. 8.24.030 Terminology and Definitions A. Terminology All terminology used in this Chapter not defined below shall be in conformance with federal, state, and local law and applicable publications of the American National Standards Institute 3 (ANSI) or its successor body. B. Definitions The following definitions shall apply to this Chapter: “Agriculture” means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. (Utah Code Annotated §4-1-109.) The growing of soil crops in the customary manner in the open. It shall not include livestock-raising activities, nor shall it include retailing of products on the premises. (Moab Municipal Code §17.06.020.) “Agricultural industry or business” means an industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding, or storage, including but not limited to animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production, and similar uses as determined by the Planning Commission. (Moab Municipal Code §17.06.020.) “All-terrain type I vehicle” means any motor vehicle 52 inches or less in width, having an unladen dry weight of 1,500 pounds or less, traveling on three 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. (Utah Code Annotated §41-22-2(2).) “All-terrain type II vehicle” means any motor vehicle 80 inches or less in width, traveling on four or more low pressure tires, having a steering wheel, non-straddle seating, a rollover protection system, and designed for or capable of travel over unimproved terrain, and is: (a) an electric-powered vehicle; or (b) a vehicle powered by an internal combustion engine and has an unladen dry weight of 2,500 pounds or less. 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 §41-22-2(3).) “All-terrain type III vehicle” means any other motor vehicle, not defined in Utah Code §41-22-2, Subsection (2), (3), (12), or (22), designed for or capable of travel over unimproved terrain. 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 Utah Code §41-1a-102. (Utah Code §41-22-2(4).) “A-Weighted Sound Level” means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network and Fast response setting. The level so read is designated dB(A) or dBA. 4 “C-Weighted Sound Level” means the sound pressure level in decibels as measured on a sound level meter using the C-weighting network and the Fast response setting. The level so read is designated dB(C) or dBC. “Commercial Use” means activity involving the sale of goods or services carried out for profit. (Moab Municipal Code §17.06.020.) “Construction” means any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or of public or private rights- of-way, structures, utilities or similar property. “Decibel (dB)” means a unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). “Demolition” means any dismantling, intentional destruction or removal of structures, utilities, public or private roadway surfaces, or similar property. “Device” means any mechanism that is intended to produce, or that actually produces noise when operated or handled. “Emergency vehicle” means a vehicle used in response to a public emergency or to protect persons or property from an imminent exposure to danger. “Emergency Work” means any work performed for the purpose of preventing or alleviating the conditions, physical trauma, or property damage threatened or caused by a state of emergency. “Gross Vehicle Weight Rating” (GVWR) means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors arc are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle shall be used. “Harmful Industrial Noise” means noise as defined in Utah Code Annotated §34A-2-501. “Impulsive Sound” means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. “Industrial Use” means activity involving the manufacturing, processing, warehousing, and fabrication of goods and material. (Moab Municipal Code §§17.36.010 - 020.) “Motor Vehicle” means a self-propelled vehicle intended primarily for use and operation on the highways. “Motor vehicle” does not include: (a) an off-highway vehicle; or (b) a motor assisted scooter as defined in Utah Code Annotated §41-6a-102. (Utah Code Annotated §41-1a-102(40).) Nor does it include vehicles moved solely by human power; motorized wheelchairs; an electric personal assistive mobility device; an electric assisted bicycle; a motor assisted scooter; a personal delivery device, as defined in Section 41-6a- 5 1119; or a mobile carrier, as defined in Utah Code Annotated §41-6a-1120. (Utah Code Annotated §41-6a-102(40)(a)-(b).) “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion (Utah Code Annotated §73-18-2) and any vessel which operates on water and which is propelled by a motor, including but not limited to, boats, jet skis, barges, amphibious craft, water ski towing devices, and hovercraft. “Motorcycle” means a motor vehicle, other than a tractor, having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; or an autocycle. (Utah Code Annotated §41-1a-102(42) and §41-6a-102(41).) “Muffler or Sound Dissipative Device” means a device for abating sound of escaping gases of an internal combustion engine. “Noise” means any sound that is harmful to the health, well-being, or quality of life of humans or animals. “Noise Pollution” means any sound in an environment which is (a) is harmful to the health, well-being, or quality of life of humans or animals; or (b) unreasonably annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures personal or real property. “Off-highway vehicle” (OHV) means any snowmobile, all-terrain type I vehicle, all- terrain type II vehicle, all-terrain type III vehicle, or motorcycle.” (Utah Code Annotated §41-22-2(14).) “Person” means an individual; an association; an institution; a corporation; a company; a trust; a limited liability company; a partnership; a political subdivision; a government office, department, division, bureau, or other body of government; and any other organization or entity. (Utah Code Annotated §68-3-12.5(18).) “Places of Worship” means a specially designed structure or consecrated space where individuals or a group of people come to perform acts of devotion, veneration, or religious study. Buildings constructed or used for this purpose include temples, churches, synagogues, convents, monasteries, and mosques. (Moab Municipal Code §§17.06.020.) “Plainly Audible” means any sound that can be detected by a person using their unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound. “Powered Model Vehicle” means any self-propelled airborne, waterborne, or land-borne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any unmanned aerial vehicle, model airplane, boat, car, or rocket. “Public Roadway” means that portion of the entire width between property lines of every 6 way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel and improved, designed, or ordinarily used for vehicular travel within the City’s jurisdiction and excluding any state highways. (See Utah Code Annotated §41-6a-102(26) and (58).) “Public Space” means any real property or structures which are owned or controlled by a governmental entity. “Pure Tone” means any sound which can be distinctly heard as a single pitch or a set of single pitches. “Real Property Boundary” means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions. “Residential Use or Dwelling” means a structure or portion of a structure that is designed, occupied, or intended to be occupied as living quarters and includes facilities for cooking, sleeping, and sanitation; but not including hotels, motels, clubs, boarding houses, or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraints; private property used for human habitation; commercial living accommodations and commercial property used for human habitation; recreational and entertainment property used for human habitation; community service property used for human habitation. (See Moab Municipal Code §§17.06.020.) “RMS Sound Pressure” means the square root of the time averaged square of the sound pressure, denoted Prms “Sound” means an oscillation in pressure, particle displacement, particle velocity, or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. “Sound Level or Noise Level” means the weighted sound pressure level obtained by the use of a sound level meter and frequency-weighting network, such as A or C, as specified in the American National Standards Institute (ANSI) or the International Electrotechnical Commission (IEC) specifications for sound level meters (ANSI S1.4, IEC 61672-1, or IEC 61672-2, or the latest approved revisions thereof). “Sound Level Meter” means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averaging device, output meter, and weighting networks used to measure sound pressure levels. “Sound Pressure” means the instantaneous difference between the actual pressure and the average or barometric pressure of a given point in space, as produced by sound energy. “Sound Pressure Level” (SPL) means 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20x10µN/m). The 7 sound pressure level is denoted Lp, or SPL and is expressed in decibels. “State of Emergency” means a condition in any part of the state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster (Utah Code Annotated 53-2a-102 (14)) or any occurrence or set or circumstances involving actual or imminent physical trauma or property damage or any circumstance which may present an imminent threat to the health, safety or welfare of any person, place or property which demands immediate action. “Street-Legal All-Terrain Vehicle” or “Street-Legal ATV” 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 Utah Code Annotated §41-6a-1509 to operate on highways in the state in accordance with Utah Code Annotated §41-6a-1509. (Utah Code Annotated §41- 6a-102 (68).) “Vehicle” means motor vehicle, off-highway vehicle, all-terrain vehicle, street-legal all- terrain vehicle, or motorcycle. “Weekday” means any day Monday through Friday which is not a legal holiday. 8.24.040 Prohibited Acts A. Noise Pollution Prohibited No person shall make, continue, or cause to be made or continued, any noise pollution. B. Specific Prohibitions The following acts, and the causing of the following acts, are declared to be in violation of this Chapter: 1. Radios, Televisions Sets, Musical Instruments, and Similar Devices Using, operating, playing, or permitting the use, operation, or playing of any radio, television, phonographspeaker, drum, musical instrument, sound amplifier, personal sound system, vehicular sound system, or similar device which produces, reproduces, or amplifies sound: (a) Between the hours of [810:00 p.m. and 87:00 a.m. the following day Monday – Saturday and 9:00 a.m. on Sunday], in such a manner as to create noise pollution across a real property boundary or to be plainly audible at a distance of [10050] feet or more in any direction from the device or [10050] feet or more from a real property boundary if on private property. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (b) Between the hours of [87:00 a.m. and 810:00 p.m. Monday – Saturday and 9:00 8 a.m. on Sunday] in such a manner as to create noise pollution across a real property boundary or to be plainly audible at a distance of [200150] feet or more in any direction from the device or [200150] feet or more from a real property boundary if on private property. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (c) In such a manner as to be plainly audible at a distance of [50100] feet or more in any direction when operated in or on a vehicle on a public roadway or public space, or in a boat on public waters. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; or (d) In such a manner as to create noise pollution to any person, other than the operator of the device, when operated on a common carrier. 2. Loudspeakers/Public Address Systems (a) Using or operating any loudspeaker, public address system or similar device: (1) between the hours of [810:00 p.m. and 87:00 a.m. the following day Monday – Saturday and 9:00 a.m. on Sunday] the following day, in such a manner as to create noise pollution or to be plainly audible across a real property boundary within a residential use; or (2) between the hours of [87:00 a.m. and 810:00 p.m. and 9:00 a.m. on Sunday in such a manner as to be plainly audible [10050] feet or more from a real property boundary within a residential use. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (b) Using or operating any loudspeaker, public address system, or similar device: (1) between the hours of [810:00 p.m. and 87:00 a.m. the following day Monday – Saturday and 9:00 a.m. on Sunday] the following day, on a public roadway or in a public space; or (2) in such a manner as to create noise pollution across a real property boundary of a public roadway or public space or to be plainly audible at [10050] feet or more from the device. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (c) Using or operating any loudspeaker, public address system, or similar device in such a manner that the sound there from is plainly audible [200150] feet or more from a real property boundary with a commercial or industrial use. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code. 3. Street Sales The ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises, for the purpose of business, amusement, or otherwise, and all performances and devices tending to the collection of persons on the 9 streets or sidewalks of the City or the offering for sale or selling anything by shouting or outcry within any residential or commercial area of the City. This prohibition does not apply to for activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code. 4. Animals and Birds Owning, possessing, or harboring any animal or bird which for continued duration (for example, more than [50] times per day) howls, barks, squawks, or makes other sounds which creates noise pollution or is plainly audible across a real property boundary of a residential use. 5. Powered Model Vehicles Operating or permitting the operation of powered model vehicles in such a manner as to create noise pollution across a real property boundary of a residential use or in a public space between the hours of [810:00 p.m. and 87:00 a.m. Monday – Saturday and 9:00 a.m. on Sunday] the following day. Maximum sound levels in a public space during the permitted period of operation shall conform to those set forth for residential land use in Table 1 below and shall be measured at a distance of 50 feet from any point on the path of the vehicle. Maximum sound levels for residential property during the permitted period of operation, shall be governed by Table 1 below. 6. Motorboats Operating or permitting the operation of any motorboat in any lake, river, stream, or other waterway in such manner as to exceed a sound level of (a) [80] dBA at 50 feet; or (b) [70] dBA at any shoreline; or (c) [80] dBC at any shoreline. 7. Compression Brakes No person operating a motor vehicle containing a compression brake system or systems shall apply such compression brake system or systems except when such a system or systems are used in an emergency to stop the vehicle. 8. Tampering The following acts, or causing the following acts, are prohibited: (a) The removal or rendering inoperative by any person other than for purposes of maintenance, repair, or replacement, of any muffler, noise control device, or element of design or noise label; (b) The use of a product, which has had a muffler, noise control device, or element of design or noise label removed or rendered inoperative. 8.24.050 Sound Levels by Receiving Land Use 10 A. Maximum Permissible Sound Pressure Levels No person shall operate or cause to be operated on private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in Table 1 when measured at or within the property boundary of the receiving land use. TABLE 1 SOUND LEVELS BY RECEIVING LAND USE Receiving Land Use Sound Level Limit Category Time (dBA) (dBC) (Residential, [7:00 a.m. to 10:00 p.m.] [55] [65] Public Space Monday – Saturday Agriculture, or and 9:00 am Sunday [10 p.m. to 7:00 am] [50] [60] Other Non-Commercial or Non-Industrial) 10:00 p.m. to 7:00 am 50 60 Monday – Saturday and 9:00 am Sunday Commercial or [At all times] [60] [70] Industrial B. Exemptions The provisions of Table 1 shall not apply to: 1. Those activities already regulated by section 8.24.040(B) Prohibited Acts; 2. The un-amplified human voice; 3. Interstate railway locomotives and cars; 4. Vehicles crossing the property line accessing private property or public roadways; 5. Non-stationary farming equipment and all agricultural activities; 6. Emergency vehicles or work; 7. Bells or chimes from places of religious worship; 8. Noise resulting from lawful fireworks [and noisemakers] used for celebration of an official holiday; 11 9. Construction activities and operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar device used outdoors in residential areas on weekdays between the hours of [7:00 am to 86:00 p.m. and Saturdays 8:00 a.m. to 6:00 p.m.] or as specified in the conditions of approval; 10. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar device used outdoors in residential areas between the hours of [8:00 a.m. to 8:00 p.m.]; 11.10. Snow removal; 12.11. The Moab Water Reclamation Facility; and 13.12. Activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; 13. Any noise resulting from the maintenance of golf courses; 14. The Grand County High School; 14.15. Public Works activities and operations. 8.24.060 Vehicles on Public Roadways A. Mufflers, Sound Dissipative Devices, and Labels 1. A vehicle shall be equipped, maintained, and operated to prevent excessive or unusual noise. A motor vehicle shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation. A person may not use a muffler cut-out, bypass, or similar device on a vehicle. (See Utah Code Annotated 41-6a-1626(1)(a)-(c).) 2. No person shall remove or render inoperative, other than for purposes of maintenance, repair, or replacement, any muffler, noise control device, or element of design or noise label. 3. No person shall use a vehicle which has had a muffler, noise control device, or element of design or noise label removed or rendered inoperative. 4. No person shall operate a motorcycle manufactured after December 31, 1985, not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 80 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Parts 205.152 and 205.158. 5. No person shall operate an off-road motorcycle manufactured after December 31, 1985, not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 82 Formatted: List Paragraph, No bullets or numbering Formatted: List Paragraph, No bullets or numbering 12 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Parts 205.152 and 205.158. B. Vehicle Maximum Sound Levels 1. No person shall operate, or cause to be operated, nor shall a vehicle owner allow a person to operate a vehicle on a public roadway at any time in such a manner that the sound level emitted by the vehicle exceeds the level set forth in Table 2 measured at a distance of 25 feet or more, or 50 feet or more, from the center of the lane of travel. 2. No vehicle owner shall allow a person to operate a vehicle on a public roadway at any time in such a manner that the sound level emitted by the vehicle exceeds the level set forth in Table 2 measured at a distance of 25 feet or more, or 50 feet or more, from the center of the lane of travel. 3.2.No person shall operate, or cause to be operated, nor shall a vehicle owner allow a person to operate a vehicle on a public roadway in such a manner that it is plainly audible at a distance of [500/750/1,000] feet or more in any direction from the vehicle. 4. No vehicle owner shall allow a person to operate a vehicle on a public roadway in such a manner that it is plainly audible at a distance of [500/750/1,000] feet or more in any direction from the vehicle. 5.3.No person shall operate, or cause to be operated, nor shall a vehicle owner allow a person to operate a vehicle on a public roadway that exceeds [92] dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of [87:00 a.m. to 810:00 p.m.] Monday – Saturday and 9:00 a.m. on Sunday. 6. No vehicle owner shall allow a person to operate a vehicle on a public roadway that exceeds [92] dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of [8:00 a.m. to 8:00 p.m.]. 7.4.No person shall operate, or cause to be operated, nor shall a vehicle owner allow a person to operate a vehicle under 10,000 GVWR on a public roadway that exceeds [85] dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of [810:00 p.m. to 87:00 a.m. Monday – Saturday and 9:00 a.m. on Sunday] the following day. 8. No vehicle owner shall allow a person to operate a vehicle under 10,000 GVWR on a public roadway that exceeds [85] dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of [8:00 p.m. to 8:00 a.m.] the following day. Formatted: Font: 12 pt Formatted: Normal 13 TABLE 2 VEHICLE SOUND LIMITS (MEASURED AT 50 OR 25 FEET AT SPEED LIMITS LESS THAN 35 MPH) Vehicle Class 25 feet or more 50 feet or more Motor Vehicles 88 dBA 82 dBA of GVWR or GCWR of 10,000 lbs or more All other vehicles [80] dBA [78:00 a.m. - 108:00 p.m.] [74] dBA [78:00 a.m. - 108:00 p.m.] of GVWR or GCWR of Monday – Saturday Monday- Saturday[78] dBA [8:00 p.m. - 8:00 a.m.] or GCWR of and 9:00 a.m. on Sunday and 9:00 a.m. on Sunday less than 10,000 lbs [72] dBA [8:00 p.m. - 8:00 a.m.] less than 10,000 lbs less than 10,000 lbs 78 dBA 10:00 p.m. - 7:00 a.m. 72 dBA 10:00 p.m.- 7:00 a.m. Monday – Saturday Monday- Saturday and 9:00 a.m. on Sunday and 9:00 a.m. on Sunday C. Motor Vehicle Horns and Signaling Devices Sounding of any horn or other auditory signaling device on or in any vehicle on any public roadway or public space (except as a warning of danger as provided in the vehicle code, or pursuant to a special event permit) is prohibited. D. Standing Motor Vehicles No person shall operate or cause to be operated, any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than [5] minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public roadway or public space or within [500] feet of a residential use. 8.24.070 Exceptions A. Emergency Exceptions The provisions of this Chapter shall not apply to; (a) the emission of sound for the purpose of alerting persons to the existence of a state of emergency, or (b) the emission of sound in the performance of emergency work. B. Special Exceptions 1. The [City Manager or City Council] shall have the authority, consistent with this 14 section, to grant special exceptions to this Noise Control Chapter. 2. Any person seeking a special exception pursuant to this section shall file an application with the [City Manager]. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special exception is sought into compliance with this Chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Any individual who claims to be adversely affected by allowance of the special exception may file a statement with the [City Manager] containing any information to support their claim. If the [City Manager] finds that a sufficient controversy exists regarding an application, a public hearing may be held. 3. In determining whether to grant or deny the application, the [City Manager] shall balance the hardship to the applicant, the community, and other persons of not granting the special exception against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the special exception. Applicants for special exceptions and persons contesting special exceptions may be required to submit any information the [City Manager] may reasonably require. In granting or denying an application, the [City Manager] shall create a written decision and the reasons for denying or granting the special exception. 4. Any special exception(s) granted shall be granted by notice to the applicant containing all necessary conditions, including a time limit (not to exceed one year) time of day limit, day of week limit, and decibel limit or other restrictions meant to limit noise on the permitted activity. The special exception shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special exception shall terminate the special exception and subject the entity or person holding it to those provisions of this Chapter regulating the source of sound or activity for which the special exception was granted, including enforcement actions. 5. Application for extension of time limit specified in special exceptions or for modification of other substantial conditions shall be in a similar manner to the initial special exception application process described under subsections 1-4 above. 6. The [City Manager or City Council] may issue guidelines defining the procedures to be followed in applying for a special exception and the criteria to be considered in deciding whether to grant a special exception. C. Exceptions for Time to Comply 1. Within 60 days following the effective date of this Chapter, the owner of any commercial or industrial source of sound may apply to the [City Manager] for an exception in time to comply with this Chapter. The [City Manager] shall have the authority, consistent with this section, to grant an exception, not to exceed 1 year from the effective date of this Chapter. 15 2. Any person seeking an exception in time to comply shall file an application with the [City Manager]. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this Chapter prior to the date requested in the application would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Any individual who claims to be adversely affected by allowance of the exception in time to comply may file a statement with the [City Manager] containing any information to support their claim. If the [City Manager] finds that a sufficient controversy exists regarding an application, a public hearing may be held. 3. In determining whether to grant or deny the application, the [City Manager] shall balance the hardship to the applicant, the community, and other persons of not granting the exception in time to comply, against the adverse impact on health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions in time to comply and persons contesting exceptions may be required to submit any information the [City Manager] may reasonably require. In granting or denying an application, the [City Manager] shall create a written decision and the reasons for denying or granting the special exception. 4. Any exceptions in time to comply granted shall be granted to the applicant containing all necessary conditions, including a schedule for achieving compliance. The exception in time to comply shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this Chapter for which the exception was granted. 5. Application for extension of time limits specified in exceptions in time to comply or for modification of other substantial conditions shall be treated like applications for initial exceptions under subsections 1-4 above, except that the [City Manager] must find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification. 6. The [City Manager or City Council] may issue guidelines defining the procedures to be followed in applying for an exception in time to comply and the criteria to be considered in deciding whether to grant an exception in time to comply. D. Appeals Appeals of the decision of the [City Manager] on an application for an exception pursuant to Section B or C above shall be made to the [City Council]. Any appeal shall state the basis for the appeal. Decisions of the City Council may be made in writing or at a public meeting of the City Council. 16 8.24.080 Violation and Enforcement A. Violation [Any person who is found guilty of violating this Chapter, either by failing to do those acts required in this Chapter or by doing a prohibited act, is guilty of a Class B misdemeanor punishable by a maximum sentence of up to six months in jail and a maximum fine of $1,000. Each day such violation is committed or permitted to continue shall constitute a separate violation unless limited by Utah law.] B. Enforcement Any peace officer or code enforcement officer is authorized to enforce the provisions of this Chapter. 8.24.090 Other Remedies No provision of this Chapter shall be construed to impair any common law or statutory cause of action, or legal remedy there from, of any person for injury or damage arising from any violation of this Chapter or from other law. Furthermore, nuisances may be abated by Code Compliance. The City Attorney may initiate legal action, civil or criminal, requested by the City Manager to abate any condition that exists in violation of this Chapter. In addition to other penalties imposed by a court of competent jurisdiction, any person(s) found guilty of violating this Chapter shall be liable for all expenses incurred by the City in undertaking abatement. 8.24.100 Severability If any provision of this Chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the Chapter shall not be invalidated. 8.24.110 Effective Date This Ordinance shall take effect upon passage. PASSED by the City Council in a public meeting on ______________________________. _________________________ Emily Niehaus, Mayor ATTEST: Formatted: Left Formatted: Font: Bold Formatted: Left Formatted: Font: Bold 17 ______________________________ Sommar Johnson, Clerk/Recorder Formatted: Left Formatted: Indent: Left: 0" 1 CITY OF MOAB, UTAH ORDINANCE NO. 2021-07 AN ORDINANCE REPEALING AND REPLACING MOAB MUNICIPAL CODE CHAPTER 8.24 WHEREAS, excessive noise and vibration are serious hazards to public health, welfare, safety, and quality of life; WHEREAS, numerous studies have found that noise pollution increases anxiety, depression, high blood pressure, heart disease, and stroke and that small increases in unwanted ambient sound have significant health effects and that noise aggravates health conditions by inducing higher levels of stress; WHEREAS, a substantial body of science and technology exists by which excessive noise and vibration may be substantially abated; WHEREAS, people have a right to and should be ensured an environment free from excessive noise and vibration that may jeopardize their health, welfare, or safety or degrade their quality of life; WHEREAS, pursuant to Utah Code Annotated §10-8-76 Noise Abatement, a municipality may regulate noise; WHEREAS, pursuant to Utah Code Annotated §41-22-13 Prohibited Uses, “no person may operate an off-highway vehicle in connection with . . . damage to the environment which includes . . . excessive mechanical noise;” WHEREAS, pursuant to Utah Code Annotated §10-8-84 Ordinances, rules, and regulations -- Passage – Penalties, a municipal legislative body may “pass all ordinances and rules, and make all regulations, not repugnant to law, necessary for carrying into effect or discharging all powers and duties conferred by this chapter, and as are necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort, and convenience of the city and its inhabitants, and for the protection of property in the city;” WHEREAS, it is the policy of the City of Moab to prevent noise pollution and excessive noise which may jeopardize the health, comfort, convenience, welfare, peace or safety of its citizens or degrade their quality of life. NOW, THEREFORE BE IT ORDAINED by the Moab City Council that: Moab Municipal Code Chapter 8.24 be repealed in its entirety and be replaced with the following: 8.24.010 Short Title This Ordinance is titled and may be cited as the Noise Control Ordinance or Chapter of the City of Moab. 2 8.24.020 Scope This Chapter shall apply to the control of all noise originating within the limits of the City of Moab. 8.24.030 Terminology and Definitions A. Terminology All terminology used in this Chapter not defined below shall be in conformance with federal, state, and local law and applicable publications of the American National Standards Institute (ANSI) or its successor body. B. Definitions The following definitions shall apply to this Chapter: “Agriculture” means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. (Utah Code Annotated §4-1-109.) The growing of soil crops in the customary manner in the open. It shall not include livestock-raising activities, nor shall it include retailing of products on the premises. (Moab Municipal Code §17.06.020.) “Agricultural industry or business” means an industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding, or storage, including but not limited to animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production, and similar uses as determined by the Planning Commission. (Moab Municipal Code §17.06.020.) “All-terrain type I vehicle” means any motor vehicle 52 inches or less in width, having an unladen dry weight of 1,500 pounds or less, traveling on three 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. (Utah Code Annotated §41-22-2(2).) “All-terrain type II vehicle” means any motor vehicle 80 inches or less in width, traveling on four or more low pressure tires, having a steering wheel, non-straddle seating, a rollover protection system, and designed for or capable of travel over unimproved terrain, and is: (a) an electric-powered vehicle; or (b) a vehicle powered by an internal combustion engine and has an unladen dry weight of 2,500 pounds or less. 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 3 farm tractors as defined under Section 41-1a-102. (Utah Code §41-22-2(3).) “All-terrain type III vehicle” means any other motor vehicle, not defined in Utah Code §41-22-2, Subsection (2), (3), (12), or (22), designed for or capable of travel over unimproved terrain. 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 Utah Code §41-1a-102. (Utah Code §41-22-2(4).) “A-Weighted Sound Level” means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network and Fast response setting. The level so read is designated dB(A) or dBA. “C-Weighted Sound Level” means the sound pressure level in decibels as measured on a sound level meter using the C-weighting network and the Fast response setting. The level so read is designated dB(C) or dBC. “Commercial Use” means activity involving the sale of goods or services carried out for profit. (Moab Municipal Code §17.06.020.) “Construction” means any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or of public or private rights- of-way, structures, utilities or similar property. “Decibel (dB)” means a unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). “Demolition” means any dismantling, intentional destruction or removal of structures, utilities, public or private roadway surfaces, or similar property. “Device” means any mechanism that is intended to produce, or that actually produces noise when operated or handled. “Emergency vehicle” means a vehicle used in response to a public emergency or to protect persons or property from an imminent exposure to danger. “Emergency Work” means any work performed for the purpose of preventing or alleviating the conditions, physical trauma, or property damage threatened or caused by a state of emergency. “Gross Vehicle Weight Rating” (GVWR) means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle shall be used. “Harmful Industrial Noise” means noise as defined in Utah Code Annotated §34A-2-501. 4 “Impulsive Sound” means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. “Industrial Use” means activity involving the manufacturing, processing, warehousing, and fabrication of goods and material. (Moab Municipal Code §§17.36.010 - 020.) “Motor Vehicle” means a self-propelled vehicle intended primarily for use and operation on the highways. “Motor vehicle” does not include: (a) an off-highway vehicle; or (b) a motor assisted scooter as defined in Utah Code Annotated §41-6a-102. (Utah Code Annotated §41-1a-102(40).) Nor does it include vehicles moved solely by human power; motorized wheelchairs; an electric personal assistive mobility device; an electric assisted bicycle; a motor assisted scooter; a personal delivery device, as defined in Section 41-6a- 1119; or a mobile carrier, as defined in Utah Code Annotated §41-6a-1120. (Utah Code Annotated §41-6a-102(40)(a)-(b).) “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion (Utah Code Annotated §73-18-2) and any vessel which operates on water and which is propelled by a motor, including but not limited to, boats, jet skis, barges, amphibious craft, water ski towing devices, and hovercraft. “Motorcycle” means a motor vehicle, other than a tractor, having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; or an autocycle. (Utah Code Annotated §41-1a-102(42) and §41-6a-102(41).) “Muffler or Sound Dissipative Device” means a device for abating sound of escaping gases of an internal combustion engine. “Noise” means any sound that is harmful to the health, well-being, or quality of life of humans or animals. “Noise Pollution” means any sound in an environment which is (a) is harmful to the health, well-being, or quality of life of humans or animals; or (b) unreasonably annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures personal or real property. “Off-highway vehicle” (OHV) means any snowmobile, all-terrain type I vehicle, all- terrain type II vehicle, all-terrain type III vehicle, or motorcycle.” (Utah Code Annotated §41-22-2(14).) “Person” means an individual; an association; an institution; a corporation; a company; a trust; a limited liability company; a partnership; a political subdivision; a government office, department, division, bureau, or other body of government; and any other organization or entity. (Utah Code Annotated §68-3-12.5(18).) “Places of Worship” means a specially designed structure or consecrated space where individuals or a group of people come to perform acts of devotion, veneration, or religious study. Buildings constructed or used for this purpose include temples, churches, 5 synagogues, convents, monasteries, and mosques. (Moab Municipal Code §§17.06.020.) “Plainly Audible” means any sound that can be detected by a person using their unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound. “Powered Model Vehicle” means any self-propelled airborne, waterborne, or land-borne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any unmanned aerial vehicle, model airplane, boat, car, or rocket. “Public Roadway” means that portion of the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel and improved, designed, or ordinarily used for vehicular travel within the City’s jurisdiction and excluding any state highways. (See Utah Code Annotated §41-6a-102(26) and (58).) “Public Space” means any real property or structures which are owned or controlled by a governmental entity. “Pure Tone” means any sound which can be distinctly heard as a single pitch or a set of single pitches. “Real Property Boundary” means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions. “Residential Use or Dwelling” means a structure or portion of a structure that is designed, occupied, or intended to be occupied as living quarters and includes facilities for cooking, sleeping, and sanitation; but not including hotels, motels, clubs, boarding houses, or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraints; private property used for human habitation; commercial living accommodations and commercial property used for human habitation; recreational and entertainment property used for human habitation; community service property used for human habitation. (See Moab Municipal Code §§17.06.020.) “RMS Sound Pressure” means the square root of the time averaged square of the sound pressure, denoted Prms “Sound” means an oscillation in pressure, particle displacement, particle velocity, or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. “Sound Level or Noise Level” means the weighted sound pressure level obtained by the use of a sound level meter and frequency-weighting network, such as A or C, as specified in the American National Standards Institute (ANSI) or the International Electrotechnical 6 Commission (IEC) specifications for sound level meters (ANSI S1.4, IEC 61672-1, or IEC 61672-2, or the latest approved revisions thereof). “Sound Level Meter” means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averaging device, output meter, and weighting networks used to measure sound pressure levels. “Sound Pressure” means the instantaneous difference between the actual pressure and the average or barometric pressure of a given point in space, as produced by sound energy. “Sound Pressure Level” (SPL) means 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20x10µN/m). The sound pressure level is denoted Lp, or SPL and is expressed in decibels. “State of Emergency” means a condition in any part of the state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster (Utah Code Annotated 53-2a-102 (14)) or any occurrence or set or circumstances involving actual or imminent physical trauma or property damage or any circumstance which may present an imminent threat to the health, safety or welfare of any person, place or property which demands immediate action. “Street-Legal All-Terrain Vehicle” or “Street-Legal ATV” 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 Utah Code Annotated §41-6a-1509 to operate on highways in the state in accordance with Utah Code Annotated §41-6a-1509. (Utah Code Annotated §41- 6a-102 (68).) “Vehicle” means motor vehicle, off-highway vehicle, all-terrain vehicle, street-legal all- terrain vehicle, or motorcycle. “Weekday” means any day Monday through Friday which is not a legal holiday. 8.24.040 Prohibited Acts A. Noise Pollution Prohibited No person shall make, continue, or cause to be made or continued, any noise pollution. B. Specific Prohibitions The following acts, and the causing of the following acts, are declared to be in violation of this Chapter: 1. Radios, Televisions, Musical Instruments, and Similar Devices Using, operating, playing, or permitting the use, operation, or playing of any radio, television, speaker, drum, musical instrument, sound amplifier, personal sound system, 7 vehicular sound system, or similar device which produces, reproduces, or amplifies sound: (a) Between the hours of 10:00 p.m. and 7:00 a.m. the following day Monday – Saturday and 9:00 a.m. on Sunday in such a manner as to create noise pollution across a real property boundary or to be plainly audible at a distance of 50 feet or more in any direction from the device or 50 feet or more from a real property boundary if on private property. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (b) Between the hours of 7:00 a.m. and 10:00 p.m. Monday – Saturday and 9:00 a.m. on Sunday in such a manner as to create noise pollution across a real property boundary or to be plainly audible at a distance of 150 feet or more in any direction from the device or 150 feet or more from a real property boundary if on private property. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (c) In such a manner as to be plainly audible at a distance of 50 feet or more in any direction when operated in or on a vehicle on a public roadway or public space, or in a boat on public waters. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; or (d) In such a manner as to create noise pollution to any person, other than the operator of the device, when operated on a common carrier. 2. Loudspeakers/Public Address Systems (a) Using or operating any loudspeaker, public address system or similar device: (1) between the hours of 10:00 p.m. and 7:00 a.m. the following day Monday – Saturday and 9:00 a.m. on Sunday in such a manner as to create noise pollution or to be plainly audible across a real property boundary within a residential use; or (2) between the hours of 7:00 a.m. and 10:00 p.m. and 9:00 a.m. on Sunday in such a manner as to be plainly audible 50 feet or more from a real property boundary within a residential use. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (b) Using or operating any loudspeaker, public address system, or similar device: (1) between the hours of 10:00 p.m. and 7:00 a.m. the following day Monday – Saturday and 9:00 a.m. on Sunday on a public roadway or in a public space; or (2) in such a manner as to create noise pollution across a real property boundary of a public roadway or public space or to be plainly audible at 50 feet or more from the device. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; 8 (c) Using or operating any loudspeaker, public address system, or similar device in such a manner that the sound there from is plainly audible 150 feet or more from a real property boundary with a commercial or industrial use. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code. 3. Street Sales The ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises, for the purpose of business, amusement, or otherwise, and all performances and devices tending to the collection of persons on the streets or sidewalks of the City or the offering for sale or selling anything by shouting or outcry within any residential or commercial area of the City. This prohibition does not apply to for activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code. 4. Animals and Birds Owning, possessing, or harboring any animal or bird which for continued duration (for example, more than 50 times per day) howls, barks, squawks, or makes other sounds which creates noise pollution or is plainly audible across a real property boundary of a residential use. 5. Powered Model Vehicles Operating or permitting the operation of powered model vehicles in such a manner as to create noise pollution across a real property boundary of a residential use or in a public space between the hours of 10:00 p.m. and 7:00 a.m. Monday – Saturday and 9:00 a.m. on Sunday the following day. Maximum sound levels in a public space during the permitted period of operation shall conform to those set forth for residential land use in Table 1 below and shall be measured at a distance of 50 feet from any point on the path of the vehicle. Maximum sound levels for residential property during the permitted period of operation, shall be governed by Table 1 below. 6. Motorboats Operating or permitting the operation of any motorboat in any lake, river, stream, or other waterway in such manner as to exceed a sound level of (a) 80 dBA at 50 feet; or (b) 70 dBA at any shoreline; or (c) 80 dBC at any shoreline. 7. Compression Brakes No person operating a motor vehicle containing a compression brake system or systems shall apply such compression brake system or systems except when such a system or systems are used in an emergency to stop the vehicle. 8. Tampering The following acts, or causing the following acts, are prohibited: 9 (a) The removal or rendering inoperative by any person other than for purposes of maintenance, repair, or replacement, of any muffler, noise control device, or element of design or noise label; (b) The use of a product, which has had a muffler, noise control device, or element of design or noise label removed or rendered inoperative. 8.24.050 Sound Levels by Receiving Land Use A. Maximum Permissible Sound Pressure Levels No person shall operate or cause to be operated on private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in Table 1 when measured at or within the property boundary of the receiving land use. TABLE 1 SOUND LEVELS BY RECEIVING LAND USE Receiving Land Use Sound Level Limit Category Time (dBA) (dBC) Residential, 7:00 a.m. to 10:00 p.m. 55 65 Public Space Monday – Saturday Agriculture, or and 9:00 am Sunday Other Non-Commercial or Non-Industrial 10:00 p.m. to 7:00 am 50 60 Monday – Saturday and 9:00 am Sunday Commercial or At all times 60 70 Industrial B. Exemptions The provisions of Table 1 shall not apply to: 1. Those activities already regulated by section 8.24.040(B) Prohibited Acts; 2. The un-amplified human voice; 3. Interstate railway locomotives and cars; 4. Vehicles crossing the property line accessing private property or public roadways; 5. Non-stationary farming equipment and all agricultural activities; 10 6. Emergency vehicles or work; 7. Bells or chimes from places of religious worship; 8. Noise resulting from lawful fireworks and noisemakers used for celebration of an official holiday; 9. Construction activities and operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar device used outdoors in residential areas on weekdays between the hours of 7:00 am to 6:00 p.m. and Saturdays 8:00 a.m. to 6:00 p.m. or as specified in the conditions of approval; 10. Snow removal; 11. The Moab Water Reclamation Facility; and 12. Activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; 13. Any noise resulting from the maintenance of golf courses; 14. The Grand County High School; 15. Public Works activities and operations. 8.24.060 Vehicles on Public Roadways A. Mufflers, Sound Dissipative Devices, and Labels 1. A vehicle shall be equipped, maintained, and operated to prevent excessive or unusual noise. A motor vehicle shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation. A person may not use a muffler cut-out, bypass, or similar device on a vehicle. (See Utah Code Annotated 41-6a-1626(1)(a)-(c).) 2. No person shall remove or render inoperative, other than for purposes of maintenance, repair, or replacement, any muffler, noise control device, or element of design or noise label. 3. No person shall use a vehicle which has had a muffler, noise control device, or element of design or noise label removed or rendered inoperative. 4. No person shall operate a motorcycle manufactured after December 31, 1985, not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 80 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Parts 205.152 and 205.158. 11 5. No person shall operate an off-road motorcycle manufactured after December 31, 1985, not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 82 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Parts 205.152 and 205.158. B. Vehicle Maximum Sound Levels 1. No person shall operate, or cause to be operated, nor shall a vehicle owner allow a person to operate a vehicle on a public roadway at any time in such a manner that the sound level emitted by the vehicle exceeds the level set forth in Table 2 measured at a distance of 25 feet or more, or 50 feet or more, from the center of the lane of travel. 2. No person shall operate, or cause to be operated, nor shall a vehicle owner allow a person to operate a vehicle on a public roadway in such a manner that it is plainly audible at a distance of 1,000 feet or more in any direction from the vehicle. 3. No person shall operate, or cause to be operated, nor shall a vehicle owner allow a person to operate a vehicle on a public roadway that exceeds 92 dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of 7:00 a.m. to 10:00 p.m. Monday – Saturday and 9:00 a.m. on Sunday. 4. No person shall operate, or cause to be operated, nor shall a vehicle owner allow a person to operate a vehicle under 10,000 GVWR on a public roadway that exceeds 85 dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of 10:00 p.m. to 7:00 a.m. Monday – Saturday and 9:00 a.m. on Sunday the following day. 12 TABLE 2 VEHICLE SOUND LIMITS (MEASURED AT 50 OR 25 FEET AT SPEED LIMITS LESS THAN 35 MPH) Vehicle Class 25 feet or more 50 feet or more Motor Vehicles 88 dBA 82 dBA of GVWR or GCWR of 10,000 lbs or more All other vehicles 80 dBA 7:00 a.m. - 10:00 p.m. 74 dBA 7:00 a.m. - 10:00 p.m. of GVWR Monday – Saturday Monday- Saturday or GCWR of and 9:00 a.m. on Sunday and 9:00 a.m. on Sunday less than 10,000 lbs 78 dBA 10:00 p.m. - 7:00 a.m. 72 dBA 10:00 p.m.- 7:00 a.m. Monday – Saturday Monday- Saturday and 9:00 a.m. on Sunday and 9:00 a.m. on Sunday C. Motor Vehicle Horns and Signaling Devices Sounding of any horn or other auditory signaling device on or in any vehicle on any public roadway or public space (except as a warning of danger as provided in the vehicle code, or pursuant to a special event permit) is prohibited. D. Standing Motor Vehicles No person shall operate or cause to be operated, any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than 5 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public roadway or public space or within 500 feet of a residential use. 8.24.070 Exceptions A. Emergency Exceptions The provisions of this Chapter shall not apply to; (a) the emission of sound for the purpose of alerting persons to the existence of a state of emergency, or (b) the emission of sound in the performance of emergency work. B. Special Exceptions 1. The City Manager or City Council shall have the authority, consistent with this section, to grant special exceptions to this Noise Control Chapter. 2. Any person seeking a special exception pursuant to this section shall file an 13 application with the City Manager. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special exception is sought into compliance with this Chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Any individual who claims to be adversely affected by allowance of the special exception may file a statement with the City Manager containing any information to support their claim. If the City Manager finds that a sufficient controversy exists regarding an application, a public hearing may be held. 3. In determining whether to grant or deny the application, the City Manager shall balance the hardship to the applicant, the community, and other persons of not granting the special exception against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the special exception. Applicants for special exceptions and persons contesting special exceptions may be required to submit any information the City Manager may reasonably require. In granting or denying an application, the City Manager shall create a written decision and the reasons for denying or granting the special exception. 4. Any special exception(s) granted shall be granted by notice to the applicant containing all necessary conditions, including a time limit (not to exceed one year) time of day limit, day of week limit, and decibel limit or other restrictions meant to limit noise on the permitted activity. The special exception shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special exception shall terminate the special exception and subject the entity or person holding it to those provisions of this Chapter regulating the source of sound or activity for which the special exception was granted, including enforcement actions. 5. Application for extension of time limit specified in special exceptions or for modification of other substantial conditions shall be in a similar manner to the initial special exception application process described under subsections 1-4 above. 6. The City Manager or City Council may issue guidelines defining the procedures to be followed in applying for a special exception and the criteria to be considered in deciding whether to grant a special exception. C. Exceptions for Time to Comply 1. Within 60 days following the effective date of this Chapter, the owner of any commercial or industrial source of sound may apply to the City Manager for an exception in time to comply with this Chapter. The City Manager shall have the authority, consistent with this section, to grant an exception, not to exceed 1 year from the effective date of this Chapter. 2. Any person seeking an exception in time to comply shall file an application with the City Manager. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into 14 compliance with this Chapter prior to the date requested in the application would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Any individual who claims to be adversely affected by allowance of the exception in time to comply may file a statement with the City Manager containing any information to support their claim. If the City Manager finds that a sufficient controversy exists regarding an application, a public hearing may be held. 3. In determining whether to grant or deny the application, the City Manager shall balance the hardship to the applicant, the community, and other persons of not granting the exception in time to comply, against the adverse impact on health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions in time to comply and persons contesting exceptions may be required to submit any information the City Manager may reasonably require. In granting or denying an application, the City Manager shall create a written decision and the reasons for denying or granting the special exception. 4. Any exceptions in time to comply granted shall be granted to the applicant containing all necessary conditions, including a schedule for achieving compliance. The exception in time to comply shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this Chapter for which the exception was granted. 5. Application for extension of time limits specified in exceptions in time to comply or for modification of other substantial conditions shall be treated like applications for initial exceptions under subsections 1-4 above, except that the City Manager must find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification. 6. The City Manager or City Council may issue guidelines defining the procedures to be followed in applying for an exception in time to comply and the criteria to be considered in deciding whether to grant an exception in time to comply. D. Appeals Appeals of the decision of the City Manager on an application for an exception pursuant to Section B or C above shall be made to the City Council. Any appeal shall state the basis for the appeal. Decisions of the City Council may be made in writing or at a public meeting of the City Council. 8.24.080 Violation and Enforcement A. Violation Any person who is found guilty of violating this Chapter, either by failing to do those acts required in this Chapter or by doing a prohibited act, is guilty of a Class B misdemeanor punishable by a maximum sentence of up to six months in jail and a 15 maximum fine of $1,000. Each day such violation is committed or permitted to continue shall constitute a separate violation unless limited by Utah law. B. Enforcement Any peace officer or code enforcement officer is authorized to enforce the provisions of this Chapter. 8.24.090 Other Remedies No provision of this Chapter shall be construed to impair any common law or statutory cause of action, or legal remedy there from, of any person for injury or damage arising from any violation of this Chapter or from other law. Furthermore, nuisances may be abated by Code Compliance. The City Attorney may initiate legal action, civil or criminal, requested by the City Manager to abate any condition that exists in violation of this Chapter. In addition to other penalties imposed by a court of competent jurisdiction, any person(s) found guilty of violating this Chapter shall be liable for all expenses incurred by the City in undertaking abatement. 8.24.100 Severability If any provision of this Chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the Chapter shall not be invalidated. This Ordinance shall take effect upon passage. PASSED by the City Council in a public meeting on ______________________________. _________________________ Emily Niehaus, Mayor ATTEST: ______________________________ Sommar Johnson, Clerk/Recorder Title 11 NOISE POLLUTION Chapters: 11.01 Purpose; General 11.02 Definitions 11.03 Noise Disturbance Prohibited 11.04 Specific Noise Prohibitions 11.05 Noise Levels 11.06 Motor Vehicles 11.06 Exemptions; Exceptions 11.07 Enforcement CHAPTER 11.01 PURPOSE; GENERAL 11.01.010 Purpose 11.01.020 General Prohibition of Noise 11.01.030 Powers and Duties 11.01.010 Purpose. These regulations establish minimum standards to: A. Reduce the making and creation of excessive or unusual noises in the unincorporated areas of Grand County; and B. Prevent excessive or unusual noises that are prolonged or unreasonable in their time, place, or use, that affect and are a detriment to public health, comfort, convenience, safety, or welfare of the residents of and visitors to the unincorporated areas of Grand County; and C. Secure and promote the public health, comfort, convenience, safety, welfare and the peace and quiet of the residents of and visitors to the unincorporated areas of Grand County. D. Protect and preserve the County’s residential areas and Community Zones from avoidable noise impacts caused by excessive or unusual noises; and E. Balance the natural quiet of the surrounding desert landscape with its world-class recreation economy that depends on a variety of users and recreational experiences including mountain bikers, motorized Jeep/4x4 users, hikers, equestrians, hunters, boaters, climbers, dirt bikers, motorcyclists, bird watchers, road bikers, and adventure athletes such as basejumpers and slackliners. 11.01.020 General Prohibition of Noise. It is unlawful for any person to produce, continue, or cause to be produced or continued, any Excessive or Unusual Noise during any hours or Loud Noise during Restricted Hours within the unincorporated areas of Grand County that violates this Title. 11.01.030 Powers and Duties. The Sheriff, County Attorney, Commission Administrator, and Planning and Zoning Administrator shall be responsible for the administration of these rules and regulations and any other powers vested in them by law and shall make inspections of any premises and issue orders as necessary to effect the purposes of these regulations, and do any and all acts permitted by law that are necessary for the successful enforcement of these regulations. CHAPTER 11.02 DEFINITIONS 11.02.010 Definitions. A. “ATV” 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 Utah Code Annotated §41-6a-1509 to operate on highways in the state in accordance with Utah Code Annotated §41-6a-1509. B. “Commercial Zones” means Neighborhood Commercial, General Business, Highway Commercial, Resort Commercial and Resort Special and associated permissible overlays established by the Grand County Land Use Code. Commercial Zones shall not include the Heavy or Light Industrial Zones. C. “County” means Grand County or its designee, and all such references to a County employee or elected officer shall include their designee; D. “dBA” means the sound pressure level using the “A” frequency weighting and the fast response setting on a Sound Level Meter, unless otherwise noted or required by testing standards established by the County. E. “Device” means any mechanism that is intended to produce, or that actually produces noise when operated or handled. F. “Domestic Power Tools and Equipment” means any device powered mechanically, by electricity, by gasoline, by diesel fuel or by any other fuel, which is intended to be used, or is actually used for residential construction, repair, and maintenance. G. “Emergency” means a situation or occurrence which may present an imminent threat to the health, safety or welfare of any person, place or property. H. “Excessive or Unusual Noise” means any Sound or Noise that exceeds the “Maximum Sound Pressure Levels, dBA, during all hours” set forth in Chapter 11.05 when measured at the distances provided therein as measured on a Sound Level Meter. I. “Loud Noise” means any Sound or Noise that annoys or disturbs a reasonable person(s) with normal sensitivities or that injures or endangers the comfort, repose, health, hearing, peace or safety of another person(s), including any Sound or Noise that exceeds the “Maximum Sound Pressure Levels, dBA, during Restricted Hours” set forth in Chapter 11.05 when measured at the distances provided therein as measured on a Sound Level Meter. J. “Motorcycle” means a motor vehicle, other than a tractor, having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, or an autocycle, including an off-road motorcycle, as defined in Utah Code § 41-1a-102(42). K. “Motor Vehicle” means a self-propelled vehicle intended primarily for use and operation on the highways, as defined in Utah Code § 41-1a-102, including ATVs and Motorcycles. Motor Vehicle and Vehicle may be used interchangeably herein. L. “Muffler” means an apparatus consisting of a series of chambers or baffle plates designed to transmit gases while reducing sound, or as otherwise defined by Utah law. M. “Noise” means any sound that is harmful to the health, well-being, or quality of life of humans or animals. N. “Noise Disturbance” means any sound in an environment which is (a) harmful to the health, well-being, or quality of life of humans or animals; (b) unreasonably annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures personal or real property. Noise Disturbance constitutes noise pollution. O. “Off-Highway Motorcycle” means any motorcycle that is not an On- Highway Motorcycle. P. “Off-Highway Vehicle” means every all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle as defined in Utah Code § 41-22-2, including street-legal all-terrain vehicles as defined in and regulated by Utah Code § 41-6a-1509. Q. “On-Highway Motorcycle” means any motorcycle that: (a) is capable of achieving a maximum speed of at least 25 mph over a level paved surface and is equipped with features customarily associated with practical street or highway use, such features including but not limited to any of the following: stoplight, horn, rear view mirror, turn signals; or (b) has an engine displacement less than 50 cubic centimeters; produces no more than two brake horsepower; and cannot cannot exceed 30 mph over a level paved surface. R. “Plainly Audible” means any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound. S. “Property Boundary” means an imaginary line at the ground surface, and its vertical extension that separates the real property owned by one person from that property owned by another person. T. “Residential Property” shall mean any property used for living or dwelling by individuals. U. “Residential Zones” shall mean the Small Lot Residential, Large Lot Residential, Rural Residential and Multi-Family Residential Zones and associated permissible overlays established by the Grand County Land Use Code. As used herein, Residential Zone does not include the Range and Grazing Zone. V. “Restricted Hours” are from 9 pm to 7 am (and 9 pm to 9 am on Sunday), except during the summer months, defined as May through September, when the Restricted Hours are from 10 pm to 6 am. W. “Sound” means a temporal and spatial oscillation in pressure, or other physical quantity with interval forces that cause compression or rarefaction of the medium, and that propagates at finite speed to distant points. X. “Sound Level Meter” or “SLM” means a sound level meter meeting the ANSI S1.4 Type 1 or Type 2 standard for sound level meters, or the IEC 61672 Class 1 or Class 2 standard for sound level meters. Y. “Vehicle” means all Motor Vehicles and Off-Highway Vehicles as defined by Utah Code, Title 41, including street-legal all-terrain vehicles as defined in and regulated by Utah Code § 41-6a-1509. Vehicle and Motor Vehicle may be used interchangeably herein. CHAPTER 11.03 NOISE DISTURBANCE PROHIBITED 11.03.010 Noise Disturbance Prohibited No person shall make, continue, or cause to be made or continued any Noise Disturbance. CHAPTER 11.04 SPECIFIC NOISE PROHIBITIONS 11.04.010 Specific Noise Prohibitions During Restricted Hours Regardless of the Maximum Sound Pressure Level, the following Noise is expressly prohibited outdoors in Residential or Commercial Zones during the Restricted Hours, unless permitted by Grand County: A. Radios, Receivers, Televisions, Stereos, Speakers, Musical Instruments and Similar Devices for the production or reproduction of Sound if Plainly Audible one hundred feet (100’) from the Emitting Property Boundary or fifty feet (50’) from the source of the Sound if on public property; B. Public Loudspeakers or sound amplifying equipment in a fixed or moveable position or mounted upon any sound vehicle on any public or private property for the purposes of commercial advertising, giving instructions, directions, talks, addresses, lectures, or transmission of music to any persons or assemblages of persons; C. Animals that make frequent or habitual Noise, which prohibition shall apply to all private and public facilities, including any animal facilities that hold or treat animals; D. Loading Operations within five hundred feet (500’) of Residential Property, except as necessary for the collection of garbage, waste, refuse or recyclables by an operator approved by Grand County; E. Domestic Power Tools and Equipment; F. Fireworks, Explosives, Guns or other Explosive Devices; G. Powered Model Mechanical Devices powered by internal combustion engines, whether tethered or remote-controlled, or a model rocket vehicle, drone or other similar noise-producing devices; and H. Bells and Alarms including but not limited to, bells, chimes, or clocks in schools, houses of religious worship or governmental buildings for longer than five (5) minutes in any hour except in the event of emergency or natural disaster. CHAPTER 11.05 NOISE LEVELS 11.05.010 Noise Levels. Except as expressly provided herein, no person shall make Noise which creates Excessive or Unusual Noise during any hours or Loud Noise during the Restricted Hours, as set forth in Tables 1, 2 and 3 below. Table 1 Motor Vehicles (Stationary/Equipment Test) Maximum Sound Pressure Levels, dBA Emitted by Source Measured at a distance of 20” from Exhaust Outlet at an Angle of 45 degrees Motor Vehicle Type Stationary Test (Equipment Test) Maximum Sound Pressure Levels during All Hours ATVs SAE J1287 92 dBA All Other Motor Vehicles with a manufacturer’s gross vehicle weight rating of less than 9,000 pounds SAE J1492 92 dBA Motorcycles N/A See Section 11.06.030 Table 2 Motor Vehicles (Moving/Operational Test) Maximum Sound Pressure Levels, dBA Emitted by Source Measured at a Distance of 25’ from Centerline of Lane of Travel on County B Roads Motor Vehicle Type Maximum Sound Pressure Level, dBA Maximum Sound Pressure Level, dBA, during Restricted Hours Motorcycles and motor vehicles with a manufacturer’s gross vehicle weight rating of less than 9,000 pounds. 80 dBA 78 dBA Measured at a Distance of 50’ from Centerline of Lane of Travel on County B Roads Motor Vehicle Type Maximum Sound Pressure Level, dBA Maximum Sound Pressure Level, dBA, during Restricted Hours Motorcycles and motor vehicles with a manufacturer’s gross vehicle weight rating of less than 9,000 pounds. 74 dBA 72 dBA Table 3 Land Uses Maximum Sound Pressure Levels, dBA Emitted by Source Measured at Nearest Property Boundary Maximum Sound Pressure Level, dBA Maximum Sound Pressure Level, dBA, during Restricted Hours All Noise Impacting Residential Property, unless prohibited in Section 11.04.010 60 dBA 55 dBA All Noise Impacting Residential and Nonresidential Property, unless prohibited in Section 11.04.010 65 dBA 60 dBA CHAPTER 11.06 MOTOR VEHICLES 11.06.010 Motor Vehicle Regulations 11.06.020 Certain Noises Prohibited on Public Rights-of-Way During All Hours 11.06.030 Motorcycles 11.06.010 Motor Vehicle Regulations A person shall not: A. Equip, maintain, or operate a Vehicle that creates or causes Excessive or Unusual Noise; B. Operate any Vehicle, except an electric vehicle without a spark arrestor device and a muffler or other effective noise suppressing system in good working order and in constant operation; C. Use a muffler cut-out, bypass, or similar device on a vehicle; or D. Use a compression brake system(s) except as necessary for an emergency stop. 11.06.020 Certain Noises Prohibited on Public Rights-of-Way During All Hours The following Noise is declared to be Excessive or Unusual Noise and expressly prohibited during all hours on County B Roads and related public rights-of-ways in the unincorporated County: A. Horns and Signaling Devices on any Vehicle, except as a danger warning signal as provided by the Utah Vehicle Code; B. Racing Events unless such activity occurs during a permitted Special Event in Grand County; C. Revving, aka rapid throttle advance, of an engine; and D. Any noise-creating device, including a Vehicle, operated for the purpose of drawing attention to the source of the noise. 11.06.030 Motorcycles A. No person shall operate an On-Highway Motorcycle manufactured after December 31, 1985 not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 80 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Volume 24, Part 205, Subpart D and Subpart E. B. No person shall operate an Off-Highway Motorcycle manufactured after December 31, 1985 not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 82 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Volume 24, Part 205, Subpart D and Subpart E. CHAPTER 11.07 EXEMPTIONS; EXCEPTIONS 11.07.010 Exemptions 11.07.020 Exceptions 11.07.010 Exemptions The following Noise shall be exempt from Chapter 11.05: A. Safety signals, warning devices and emergency pressure relief valves; B. That resulting from any emergency or natural disaster, including Noise created by authorized private and public emergency and private or public utilities when restoring service; C. Activities of a temporary nature during periods permitted by ordinance, policy, or permit by the County Council, Planning and Zoning Administrator, or Chair of the Special Events Committee or their official designees, including sporting and recreational activities; D. Agricultural and gardening operations where i) all reasonable efforts have been made to mitigate impact on surrounding properties; ii) any equipment is used according to the manufacturer’s specifications and is in good working order; and iii) such operations do not occur during the Restricted Hours; E. Construction, fabrication, and property maintenance activities where i) all reasonable efforts have been made to mitigate impact on surrounding properties; ii) all equipment is used according to the manufacturer’s specifications and is in good working order; iii) such activity does not occur during the Restricted Hours; and iv) such activity is not of unusual duration or occurrence; F. The unamplified human voice, except as limited by Utah Statute § 76-9-102 (Disorderly Conduct); and G. Snow removal. 11.07.020 Exceptions A. On or before July 31, 2021, the owner of any residential, commercial or industrial source of sound may apply to the County Commission Administrator (or designee) for an exception in order to provide time to comply with the maximum sound pressure levels set forth in Table 3 of Section 11.05.010 above. The County Commission Administrator shall have the authority, consistent with this Section, to grant an exception, not to exceed 365 days from the date of such application unless extended by the County Commission Administrator for good cause. B. Any person seeking an exception in time to comply shall file an application with the County Commission Administrator. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this Chapter prior to the date requested in the application would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The applicant shall mail notice of the application for an exception in time to all neighbors within one hundred feet (100’) of the source of the sound and shall file an affidavit of mailing with the County Commission Administrator. Any individual who claims to be adversely affected by allowance of the exception in time to comply may file a statement with the County Commission Administrator containing any information to support their claim. If the County Commission Administrator finds that a sufficient controversy exists regarding an application, a public hearing may be held. C. In determining whether to grant or deny the application, the County Commission Administrator shall balance the hardship to the applicant, the community, and other persons of not granting the exception in time to comply, against the adverse impact on health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions in time to comply and persons contesting exceptions may be required to submit any information the County Commission Administrator may reasonably require. In granting or denying an application, the County Commission Administrator shall place on public file a copy of the decision and the reasons for denying or granting the exception in time to comply including a statement that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification. D. The County Commission Administrator may grant or deny the application. If the application is granted, the County Commission Administrator may impose conditions, including a schedule for achieving compliance. Noncompliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this Chapter for which the exception was granted. E. Appeals of an adverse decision of the County Commission Administrator shall be made to the County Commission. Review by the County Commission shall be limited to whether the decision is supported by substantial evidence. CHAPTER 11.08 ENFORCEMENT Sections: 11.08.010 Violation 11.08.020 Nuisance 11.08.030 Enforcement 11.08.040 Severability 11.08.010 Violation Any person who is found guilty of violating this Title 11, either by failing to do those acts required herein or by doing a prohibited act, is guilty of a Class B misdemeanor punishable by a maximum sentence of up to six months in jail and a maximum fine of $1,000. Each day such violation is committed or permitted to continue shall constitute a separate violation unless limited by Utah law. 11.08.020 Nuisance As an additional remedy, the operation or maintenance of any device, instrument, Vehicle or machinery in violation of any provisions of this chapter, or which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be, a public nuisance and may be subject to abatement as provided by law. 11.08.030 Enforcement A. Any peace officer is authorized to enforce the provisions of this section; provided that the County Commission may by administrative order authorize other officers or employees of the County to enforce all or part of the provisions of this Title 11. B. The County Attorney may initiate legal action, civil or criminal, to abate any condition that exists in violation of this Title 11. In addition to other penalties imposed by a court of competent jurisdiction, any person(s) found guilty of violating this Title 11 shall be liable for all expenses incurred by the County in removing or abating the Loud or Excessive Noise. 11.08.040 Severability In case any provision of this Title 11 shall be declared invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability. 4.03.010 4.03.020 4.03.030 Chapter 4.03 SPECIAL EVENT PERMITS REQUIRED--APPLICATION AND REVIEW PROCEDURE Sections: Permits required. Permit exceptions. Application and review procedure. 4.03.010 Permits required. Any person wishing to hold a special event shall first obtain a permit under this chapter. It is unlawful for any person to hold a special event without obtaining a special event permit. All permits issued pursuant to this chapter are nontransferable and expire on the date specified. (Ord. 18-15 § 3, 2018) 4.03.020 Permit exceptions. A. The following activities are exempt from this chapter: 1. Funeral processions by a licensed mortuary; 2. Activities lawfully conducted by a governmental agency on property or in facilities owned by that same agency; 3. Filming activities authorized by another type of permit; 4. Private events; or 5. Speech events that do not meet the definitions of a Level I or Level II event. (Ord. 18-15 § 3, 2018) 4.03.030 Application and review procedure. A. All requests for a special event permit shall be made on a special event application prescribed by the City. The applicant shall submit the permit fee with the completed application. Application materials are available at City Hall and online at the City of Moab website, and must be completed and submitted to the Special Events Coordinator according to the guidelines below unless otherwise approved by the Special Events Coordinator upon a showing of good cause: 1. Not less than ninety days prior to the scheduled opening of any Level I or Level II event; or Ch. 4.03 Special Event Permits Required--Application and Review Procedure | Moab Municipal Code Page 1 of 4 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 2. Not less than seven days prior to a speech event. 3. Level II events may apply no earlier than one year prior to the requested date of the event. B. All event applications will be reviewed to determine if the applicant has provided sufficient plans (including proof of financial responsibility and other licenses), equipment, personnel, and facilities to provide for the safe and orderly conduct of the event without imposing an unreasonable burden on public services, other businesses, or adjacent residents. Depending on the type and size of the event, the Special Events Coordinator may require the applicant to submit additional documentation prior to review by SERC, which may include but is not limited to: 1. Proof of financial responsibility, which may include damage deposit(s), a performance bond, and/or liability insurance sufficient to cover anticipated risks; 2. A transportation and traffic control plan showing parking, ingress/egress routes, pedestrian access, and emergency access; 3. A staffing and security plan, which shall identify and describe numbers and types of security personnel, emergency medical services (EMS) and/or fire personnel, other staff, support facilities, and the like; 4. A facilities plan showing power, lighting, public address, stage, restrooms, waste disposal, water facilities, vending, and other facilities needed for the event; 5. Proof that the applicant has obtained (or will obtain by the date of the event) any other applicable governmental permits or licenses needed for the event, including, but not limited to: sales tax licenses, alcohol licenses, access permits, and/or food service permits from the Southeastern Utah Health Department; 6. If applicable, a statement of authorization from the special event sponsor identifying all vendors intending to conduct business on the premises of the special event; and 7. Any other information deemed necessary by staff for review of the event. C. Upon receipt of a complete special event permit application and the permit fee, the Special Events Coordinator shall schedule the application for review by the SERC. The SERC shall review and shall have the authority to administratively approve, approve with conditions, or deny the following applications: 1. Level I applications and renewals; and 2. Level II applications for renewals with no substantial changes from the previous year’s event. D. Where an application is not subject to approval by the SERC, it shall review the matter and provide an advisory recommendation to the City Council. E. The City Council shall review and approve, approve with conditions, or deny the following applications: 1. Applications for new Level II events; as used herein, a “new Level II event” shall mean any Level II event being proposed for the first time; 2. An event renewal of a Level I event that now qualifies as a Level II event; Ch. 4.03 Special Event Permits Required--Application and Review Procedure | Moab Municipal Code Page 2 of 4 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 3. Level II event permit renewals where material elements of the event have substantially changed from the previous application; and 4. A Level II event which was not renewed for a period exceeding one year. F. The Special Events Coordinator shall promptly notify the applicant of the SERC recommendation to Council and of the date the application will be scheduled before the City Council. The application shall be heard at a duly noticed public meeting. The City Council shall review the application for compliance with the standards set forth in this chapter. G. Conditions required as part of the approval of an event permit may include, but are not limited to: 1. Restrictions on duration or hours of operation; 2. Restrictions on total attendance; 3. Limitations on vending or alcohol sales; 4. Limitations on parking, participant transportation, ingress/egress; 5. Limitations as to noise, dust, glare, or sound amplification; 6. Security, EMS, or other public safety measures; 7. Insurance, damage deposits, or other financial guarantees; and 8. Other measures which may reasonably provide for public health, safety, and welfare in connection with an event. H. For purposes of this chapter, a special event permit is not deemed granted until the Special Events Coordinator certifies in writing that all conditions of approval required prior to the event date have been satisfied. I. A special event permit issued under this chapter is specific to the permittee, and may not be assigned. Any purported assignment shall result in the permit being deemed void. (Ord. 18-15 § 3, 2018) Ch. 4.03 Special Event Permits Required--Application and Review Procedure | Moab Municipal Code Page 3 of 4 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. Disclaimer: The City Recorder's Office has the official version of the Moab Municipal Code. Users should contact the City Recorder's Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: moabcity.org City Telephone: (435) 259-5121 Code Publishing Company Ch. 4.03 Special Event Permits Required--Application and Review Procedure | Moab Municipal Code Page 4 of 4 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. Disclaimer: The City Recorder's Office has the official version of the Moab Municipal Code. Users should contact the City Recorder's Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: moabcity.org City Telephone: (435) 259-5121 Code Publishing Company 12.20.010 Designated--Erection of signs. A. Public parks in the City, except as otherwise provided, shall be closed at eleven p.m. daily, and shall remain closed until five a.m. of the next day. B. Appropriate signs shall be erected, giving notice of the closing hours established in this section in each public park. C. When the aforesaid signs have been erected, it shall be unlawful for any person, except a person excepted from the operation of this subsection, to enter or remain in or upon the premises of any park during the hours of closing established in this section. (Ord. 16-12 (part), 2016: Ord. 10-81 (part), 1981: prior code § 29-1-1) 12.20.010 Designated--Erection of signs | Moab Municipal Code Page 1 of 1 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. Moab City Council Agenda Item Meeting Date: April 27, 2021 Title: Proposed Resolution 20-2021: A Resolution Requesting Inclusion of the City of Moab, Utah in the Municipal Alternative Voting Methods Pilot Project Disposition: Discussion and possible action Staff Presenter: Sommar Johnson, Recorder Attachment(s): - Attachment 1: Proposed Resolution - Attachment 2: Elections ILA with Grand County for 2019 - Attachment 3: Draft Election ILA with Utah County Recommended Motion: I move to adopt the “Resolution 20-2021: A Resolution Requesting Inclusion of the City of Moab, Utah in the Municipal Alternative Voting Methods Pilot Project.” Background/Summary: The City must notify the Lt. Governor’s Office by May 10, 2021, if we would like to be included in the Municipal Alternative Voting Methods Pilot Project (Ranked Choice Voting). The draft resolution is included for your review and consideration. The Utah Ranked Choice Voting website (utahrcv.com) provides additional resources and an educational video of the voting process. During the Special Council meeting on April 20, 2021, questions were asked about the costs for election services. I have attached a copy of the Interlocal Agreement with Grand County for the 2019 election. Grand County charged the City $7,144.28 for the primary election and $6,015.18 for the general election for a total of $13,159.46. I am awaiting an updated estimate from Grand County Clerk, Quinn Hall, to determine the cost for the 2021 election. I reached out to Karlee Jarvis with the Utah County Elections Department to determine an estimated cost for Utah County to run the Ranked Choice Voting election for 2021. She provided the attached draft Interlocal Agreement with a cost estimate. RESOLUTION 20-2021 A RESOLUTION REQUESTING INCLUSION OF THE CITY OF MOAB UTAH IN THE MUNICIPAL ALTERNATE VOTING METHODS PILOT PROJECT WHEREAS the State of Utah by its General Assembly has made available a pilot project for participation in the alternate voting methods for municipal elections beginning January 1, 2019 and ending on January 1, 2026, and WHEREAS House Bill 35 as passed during the 2018 General Session allows municipalities to conduct nonpartisan races using instant runoff voting (aka: ranked choice voting) in accordance with the requirements of 20A-4 of the Utah Code and all other applicable provisions of law, during any odd- numbered year that the pilot project is in effect, and WHEREAS the City of Moab, by May 10, 2021, must provide written notice to the lieutenant governor stating that the municipality intends to participate in the pilot project, and that includes a document, signed by the election officer of the municipality, stating that the municipality has the resources and capability necessary to participate in the pilot project, and WHEREAS the City of Moab finds that it would be in the best interest of Moab City and of its citizens to hold its 2021 municipal elections by instant runoff voting, NOW, THEREFORE BE IT RESOLVED that the Moab City Council adopts instant runoff voting for the 2021 municipal election, and that by this resolution, gives notice to the Lieutenant Governor to enter the pilot project by use of instant runoff voting for its 2021 municipal elections, and BE IT FURTHER RESOLVED that the City Manager and City Attorney are hereby authorized and directed to do all things necessary to cause the 2021 the City of Moab, Utah municipal elections to be held in accordance with the ranked choice voting process. Adopted this ____ day of ___________ 2021. Mayor, City of Moab, Utah ATTEST: City of Moab Recorder CITY OF MOAB RESOLUTION NO. 37-2019 A RESOLUTION ADOPTING AN INTERLOCAL AGREEMENT FOR THE PROVISION OF ELECTION SERVICES BY AND BETWEEN THE CITY OF MOAB AND GRAND COUNTY The following findings describe the reasons for this resolution and explain its purpose. a. The State of Utah allows Counties to provide election services for the Municipal 2019 Primary and General elections; and b. The City of Moab and Grand County have determined that those services can best be provided through the creation of an Interlocal Agreement; Now therefore, the City of Moab resolves as follows: 1. The Council hereby authorizes and approves the Agreement in substantially the form presented to this meeting of the Moab City Council. 2. The appropriate officials are hereby authorized and directed to execute and deliver the Agreement in substantially the form presented to this meeting of the Council. 3. This resolution shall be effective immediately upon its passage. PASSED AND APPROVED this 13th day of August, 2019. r By: Emily S. Niehaus, Mayor Attest: By: DatenaP Sommar Johnson, Recorder Date 1 INTERLOCAL COOPERATION AGREEMENT BETWEEN GRAND COUNTY on behalf of the GRAND COUNTY CLERK'S OFFICE, ELECTIONS DIVISION AND- THE CITY OF MOAB THIS AGREEMENT is made and entered into the 13 day ofAugust 2019, by and between GRAND COUNTY, apolitical subdivision of the State of Utah ("County"), on behalf of its Clerk's Office, Elections Division, and the City of Moab ("City"). The County and the City are sometimes referred to collectively as the 'Parties" and may be referred to individually as a Party." WITNESS ETH: WHEREAS, the County desires to provide the services of its Clerk's office, Elections Division, to the City for the purpose of assisting the City in conducting the City's 2019 primary and general municipal elections; and WHEREAS, the City desires to engage the County for such services; NOW, THEREFORE, in consideration of the promises and covenants hereinafter contained, the Parties agree as follows: 1. Term. County shall provide election services to the City commencing on the date this Agreement is executed, and terminating on January 1, 2020. The term of this Agreement may be extended by mutual agreement in writing signed by all Parties. Either Party may cancel this Agreement upon sixty (60) days written notice to the other party, unless cancellation would jeopardize the conduct of the next election. Upon such cancellation, each Party shall retain 1 invoice shall contain the number of active registered voters as of one week before Election Day, the rate used, and jurisdictions participating in the election(s). In the case of a vote recount, election system audit, election contest, or similar event arising out of the City's election, the City shall pay the County's actual cost of responding to such events, based on a written invoice provided by the County. In this Agreement the term actual cost shall be defined to mean the hourly wage cost of County election staff, excluding employee benefits, incurred in the performance of services under this Agreement, together with all copying or vendor costs incurred as part of that service. The invoice amount for these additional services may cause the total cost to the City to exceed the estimate given to the City by the County. For such consideration, the County shall furnish all materials, labor and equipment to complete the requirements and conditions of this Agreement. 5. Governmental Immunity. The City and the County are governmental entities and subject to the Governmental Immunity Act of Utah, Utah Code Ann. §§ 63G-7-101, et seq. ("Act"). Subject to the provisions of the Act, the City and County agree to indemnify and hold harmless the other Party, its agents, officers, and employees from and against any and all actions, claims, lawsuits, proceedings, liability damages, losses and expenses (including attorney's fees and costs) arising out of or resulting from the performance of this Agreement to the extent the same are caused by any negligent or wrongful act or omission of that Party, its officers, agents, or employees. Nothing in this Agreement shall be deemed a waiver of any rights, statutory limitations on liability, or defenses applicable to the City or the County under the Act. 6. Election Records. The County shall maintain and keep control over all records created pursuant to this Agreement and to the elections relevant to this Agreement. The County shall respond to all public record requests related to this Agreement and the underlying elections and shall retain all election records consistent with the Government Records Access and b) This Agreement shall be reviewed as to proper form and compliance with applicable law by a duly authorized attorney on behalf of each Party, pursuant to Section 11-13-202.5 of the Interlocal Act ; c) A duly executed original counterpart of the Agreement shall be filed with the keeper of records of each Party, pursuant to § 1 1-13-209 of the Interlocal Act; d) Each Party shall be responsible for its own costs of any action done pursuant to this Agreement, and for any financing of such costs; and e) No separate legal entity is created by the terms of this Agreement. 11. Counterparts. This Agreement may be executed in counterparts by the City and the County. 12. Governing Law. This Agreement shall be governed by the laws of the State of Utah both as to interpretation and performance. 13. Integration. This Agreement, with attached exhibits, embodies the entire agreement between the Parties and shall not be altered except in writing signed by both Parties. 14. No Third Party Beneficiaries. The Parties to this Agreement are the City and County; no third party shall have rights or standing to seek the interpretation or enforcement of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first above written. Emily Niehaus, Moab Mayor Attest: 4, 4ivInak-6(201.(AN Sommar Johnson, Moab City Recorder DATE: .76// Zi 5 Exhibit A 2019 Municipal Elections Scope of Work for Election Services The County shall provide to the City an Official Register as required by Utah Code Ann. 20A-5-401, (as amended). The City shall perform all administrative functions related to candidate filing requirements and all other requirements of Utah Code Ann. § 20A-9-203 (as amended), including all administrative functions related to financial disclosure reporting. The City shall be responsible for all Public Notice(s) required by law. The City may work with the County to publish notices jointly with other jurisdictions. The City shall be responsible for collecting and delivering ballots that are placed in drop boxes within the City to the County in a timely manner and according to a schedule agreed upon by the City and the County up through and including the end of Election Night. The City agrees to consolidate all elections administration fimctions in the County Clerk to ensure the successful conduct of multiple, simultaneous municipal elections. In a consolidated election, decisions made by the County regarding resources, procedures and policies are based upon providing the same scope and level of service to all the participating jurisdictions and the City recognizes that such decisions shall be made for the benefit of the whole. The County agrees to consult in advance with the City regarding resources, procedures, and policies to assure compliance with the remainder of this Agreement. Nothing in this Exhibit A shall be deemed to repeal or impair the allocation of responsibility otherwise provided in the Agreement. Services the County will perform for the City include, but are not limited to: Ballot Layout and Design Ballot Printing Ballot Mailings Printing Optical Scan Ballots Program and Test Voting Equipment Program Electronic Voter Register Poll Worker Recruitment and Training Delivery of Supplies and Equipment Tabulate and Report Election Results to the City (the City will publish on the City on City Website) Provisional Ballot Verification Update Voter History Database Conduct Audits (as required) Conduct Recounts (as needed) Election Day Administrative Support Operation of one (1) county wide vote center (Exhibit C) The City will provide the County Clerk with information, decisions, and resolutions and will take appropriate actions required for the conduct of the election in a timely manner. 1 Exhibit B 2019 Municipal Elections Cost Estimate for Election Services Below is the good faith estimate for the upcoming 2019 Municipal Primary Election for Moab City. The City will be billed for actual costs for each election, according to the sum of ballots printed and mailed, transmitted or mailed overseas, or cast on a voting machine. The rate will not exceed the estimated rate of $2.81 plus a printing setup fee of $350 per election. The number of ballots printed and mailed, transmitted or mailed overseas, or cast on a voting machine will be determined by the actual number of ballots printed and/or transmitted, and official canvass results including votes cast provisionally (or otherwise) by voting machine. Rate Breakdown: Programming and Layout Ballot Printing Ballot Mailing: 0.63 1.50 0.68 Total Rate $2.81 Printing Setup Fee $350/election Postage Actual USPS Automation rates Vote recount, election system audit, election contest, or similar event: $16.54/hr/per employee Below is the good faith estimate for the upcoming 2019 Municipal General Election for Moab City. The City will be billed for actual costs for each election, according to the sum of ballots printed and mailed, transmitted or mailed overseas, or cast on a voting machine. The number of ballots printed and mailed, transmitted or mailed overseas, or cast on a voting machine will be determined by the actual number of ballots printed and/or transmitted, and official canvass results including votes cast provisionally (or otherwise) by voting machine. Description: Ballot Printing — 80# 11-14" Ballot = $ .23 per ballot card Test Decks Pre -filled = $ .40 per ballot card Precinct Ballot (Poll Ballot) - Preparation to include shrink wrap and packaging = $ .04 per ballot card Database Set-up = $1,000 Description: Outgoing Process Insertion (up to 3 pieces) = $ .24 per packet Insertion (beyond (3) pieces) = $ .05 per additional piece Election Set-up = $1,000 Mailing Services = Included USPS Mailing Coordination & Statements = Included 3 Exhibit C 2019 Municipal Elections Vote Centers Polling & Voter Registration Location: Grand County Clerk's Office Ballot Drop Box: Moab City Hall & Grand County Clerk's Office Resolution #45-2019 Page 1 of I 1 Agreement No. 2021 - ___ INTERLOCAL COOPERATION AGREEMENT BETWEEN UTAH COUNTY AND MOAB CITY FOR THE ADMINISTRATION OF THE 2021 MUNICIPAL ELECTIONS THIS IS AN INTERLOCAL COOPERATION AGREEMENT (Agreement), made and entered into by and between Utah County, a political subdivision of the State of Utah, and Moab City a Utah municipality and political subdivision of the State of Utah, hereinafter referred to as CITY. WITNESSETH: WHEREAS, pursuant to the provisions of the Interlocal Cooperation Act (“Act”), Title 11, Chapter 13, Utah Code, public agencies, including political subdivisions of the State of Utah as therein defined, are authorized to enter into written agreements with one another for joint or cooperative action; and WHEREAS, pursuant to the Act, the parties desire to work together through joint and cooperative action that will benefit the residents of both Utah County and CITY; and WHEREAS, the parties to this Agreement are public agencies as defined in the Act; and WHEREAS, Utah County and CITY desire to successfully conduct the 2021 CITY Municipal Primary (August 10) and General (November 2) Elections (collectively “2021 CITY Municipal Elections”); and WHEREAS, it is to the mutual benefit of both Utah County and CITY to enter into an agreement providing for the parties’ joint efforts to administer the 2021 CITY Municipal Elections. NOW, THEREFORE, the parties do mutually agree, pursuant to the terms and provisions of the Act, as follows: 2 Section 1. EFFECTIVE DATE; DURATION This Agreement shall become effective and shall enter into force, within the meaning of the Act, upon the submission of this Agreement to, and the approval and execution thereof by Resolution of the governing bodies of each of the parties to this Agreement. The term of this Agreement shall be from the effective date hereof until the completion of the parties’ responsibilities associated with the 2021 CITY Municipal Elections or until terminated but is no longer than 1 year from the date of this Agreement. This Agreement shall not become effective until it has been reviewed and approved as to form and compatibility with the laws of the State of Utah by the Utah County Attorney and the attorney for CITY. Prior to becoming effective, this Agreement shall be filed with the person who keeps the records of each of the parties hereto. Section 2. ADMINISTRATION OF AGREEMENT The parties to this Agreement do not contemplate nor intend to establish a separate legal entity under the terms of this Agreement. The parties hereto agree that, pursuant to Section 11-13- 207, Utah Code, Utah County, by and through the Utah County Clerk/Auditor Elections Office, shall act as the administrator responsible for the administration of this Agreement. The parties further agree that this Agreement does not anticipate nor provide for any organizational changes in the parties. The administrator agrees to keep all books and records in such form and manner as Utah County shall specify and further agrees that said books shall be open for examination by the parties hereto at all reasonable times. The parties agree that they will not acquire, hold nor dispose of real or personal property pursuant to this Agreement during this joint undertaking. Section 3. PURPOSES This Agreement has been established and entered into between the parties for the purpose of administering the 2021 CITY Municipal Elections. This Agreement contemplates basic, 3 traditional primary and general elections (including RCV) for the 2021 CITY Municipal Elections. All other election-related services, including but not limited to services for special elections or elections for subsequent years, will need to be agreed to in a separate writing signed by both parties. Section 4. RESPONSIBILITIES The parties agree to fulfill the responsibilities and duties as contained in Exhibit A which is attached hereto and by this reference is incorporated herein for the 2021 CITY Municipal Elections. CITY agrees to pay to Utah County the actual cost of County’s administration of the 2021 CITY Municipal Elections which cost shall not exceed the estimated costs as contained in Exhibit B which is attached hereto and by this reference is incorporated herein. CITY agrees to pay to County the cost as contemplated herein within 30 days of receiving an invoice from County. Section 5. METHOD OF TERMINATION This Agreement will automatically terminate at the end of its term herein, pursuant to the provisions of paragraph one (1) of this Agreement. Prior to the automatic termination at the end of the term of this Agreement, any party to this Agreement may terminate the Agreement sixty days after providing written notice of termination to the other parties. Should the Agreement be terminated prior to the end of the stated term, CITY will be responsible for any costs incurred, including costs not then incurred but which are contemplated herein and irreversible at the time of termination such as return mailing costs, through the time of termination. The Parties to this Agreement agree to bring current, prior to termination, any financial obligation contained herein. Section 6. INDEMNIFICATION The parties to this Agreement are political subdivisions of the State of Utah. The parties 4 agree to indemnify and hold harmless the other for damages, claims, suits, and actions arising out of a negligent error or omission of its own officials or employees in connection with this Agreement. It is expressly agreed between the parties that the obligation to indemnify is limited to the dollar amounts set forth in the Governmental Immunity Act, Section 63G-7-604. Section 7. FILING OF INTERLOCAL COOPERATION AGREEMENT Executed copies of this Agreement shall be placed on file in the office of the County Clerk/Auditor of Utah County and with the official keeper of records of CITY, and shall remain on file for public inspection during the term of this Agreement. Section 8. ADOPTION REQUIREMENTS This Agreement shall be (a) approved by Resolution of the governing body of each of the parties, (b) executed by a duly authorized official of each of the parties (c) submitted to and approved by an Authorized Attorney of each of the parties, as required by Section 11-13-202.5, Utah Code, and (d) filed in the official records of each party. Section 9. AMENDMENTS This Agreement may not be amended, changed, modified or altered except by an instrument in writing which shall be (a) approved by Resolution of the governing body of each of the parties, (b) executed by a duly authorized official of each of the parties, (c) submitted to and approved by an Authorized Attorney of each of the parties, as required by Section 11-13-205.5, Utah Code, and (d) filed in the official records of each party. Section 10. SEVERABILITY If any term or provision of the Agreement or the application thereof shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those with respect to which it is invalid or unenforceable, 5 shall not be affected thereby, and shall be enforced to the extent permitted by law. To the extent permitted by applicable law, the parties hereby waive any provision of law which would render any of the terms of this Agreement unenforceable. Section 11. NO PRESUMPTION Should any provision of this Agreement require judicial interpretation, the Court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against the party, by reason of the rule of construction that a document is to be construed more strictly against the person who himself or through his agents prepared the same, it being acknowledged that each of the parties have participated in the preparation hereof. Section 12. HEADINGS Headings herein are for convenience of reference only and shall not be considered any interpretation of the Agreement. Section 13. BINDING AGREEMENT This Agreement shall be binding upon the heirs, successors, administrators, and assigns of each of the parties hereto. Section 14. NOTICES All notices, demands and other communications required or permitted to be given hereunder shall be in writing and shall be deemed to have been properly given if delivered by hand or by certified mail, return receipt requested, postage paid, to the parties at the addresses of the City Mayor or County Commission, or at such other addresses as may be designated by notice given hereunder. Section 15. ASSIGNMENT The parties to this Agreement shall not assign this Agreement, or any part hereof, without 6 the prior written consent of all other parties to this Agreement. No assignment shall relieve the original parties from any liability hereunder. Section 16. GOVERNING LAW All questions with respect to the construction of this Agreement, and the rights and liability of the parties hereto, shall be governed by the laws of the State of Utah. IN WITNESS WHEREOF, the parties have signed and executed this Agreement, after resolutions duly and lawfully passed, on the dates listed below: UTAH COUNTY Authorized by Resolution No. 2021 -___, authorized and passed on the _____ day of ________________ 2021. BOARD OF COUNTY COMMISSIONERS UTAH COUNTY, UTAH By:_______________________________ WILLIAM C. LEE, Chairman ATTEST: AMELIA A. POWERS Utah County Clerk/Auditor By:_______________________ Deputy APPROVED AS TO FORM AND COMPATIBILITY WITH THE LAWS OF THE STATE OF UTAH: DAVID O. LEAVITT, Utah County Attorney By:_______________________ Deputy County Attorney 7 CITY Authorized by Resolution No. ______, authorized and passed on the ______ day of _________________ 2021. ______________________________________ Mayor, CITY ATTEST: ___________________________ NAME CITY Recorder APPROVED AS TO FORM AND COMPATIBILITY WITH THE LAWS OF THE STATE OF UTAH CITY Attorney By: ________________________ Exhibit A 2021 Municipal Elections Scope of Work for Election Services Revised 09 February 2021 Services the City will provide include, but are not limited to: • All administrative functions related to candidate filing. • All administrative functions related to financial disclosure required by state code and/or city code. • Publish Public Notices required by law. The City may work with the County to publish notices jointly with other jurisdictions. • Accept responsibility to keep candidates and the public up to date and informed on all legal requirements governing candidates and campaigns. • Thoroughly examine and proof all election programing done for the City Municipal Elections. Final approval of ballots and programming will rest with the City. • Host on the official City web site: a link to or copy of the official reported results as hosted on the County Elections web page, the location of the county-owned ballot drop boxes, and a link to the website for citizens to opt-in to receive ballot alert texts. • City will not change the format or otherwise alter the official reported results, only displaying them in the form and format as provided by the County. • City will canvas the final elections results. Annexations or other boundary changes impacting the administration of the elections need to be submitted to the County by June 1, 2021. Annexation changes submitted after June 1 will not be incorporated into this election. The City acknowledges that this Interlocal Agreement relates to a municipal ballot and election and as required by state statute, the City Clerk/Recorder is the Election Officer. The City will provide the County Clerk with information, decisions, and resolutions and will take appropriate actions required for the conduct of the election in a timely manner. The City agrees to consolidate all elections administration functions and decisions in the office of the County Clerk to ensure the successful conduct of multiple, simultaneous municipal elections. In a consolidated election, decisions made by the County regarding resources, procedures and policies are based upon providing the same scope and level of service to all the participating jurisdictions and the City recognizes that such decisions, made for the benefit of the whole, may not be subject to review by the City. Services the County will perform for the City include, but are not limited to: • Ballot layout and design • Ballot printing • Ballot mailings • Return postage • Ballot processing • Printing optical scan ballots • Program and test voting equipment • Program electronic voter register • Poll Worker recruitment, training, and supervision • Compensate vote center poll workers • Delivery of supplies and equipment • Tabulate and report election results on county website • Provisional ballot verification • Update voter history database • Conduct audits (as required) • Conduct recounts (as needed) • Election day administrative support • Operation of county wide vote centers. • Provide final, canvass report of Official Election Results. The city is responsible to canvass their municipal election on the date designated by the county. Such results will constitute the final Official Results of the Election. • Election security • Ballot drop box services – maintain, lock and unlock boxes, and collect ballots. The County will provide a good faith estimate for budgeting purposes. Election costs are based upon the offices scheduled for election, the number of voters, and the number of jurisdictions participating. The City will be invoiced for its share of the actual costs of the elections which will not exceed the estimated rate in Exhibit B. In the event of a state or county special election being held in conjunction with a municipal election, the scope of services and associated costs, and the method of calculating those costs, will remain unchanged. The City acknowledges that this Interlocal Agreement relates to a municipal ballot and election and as required by state statute, the City Clerk/Recorder is the Election Officer. Election 4/22/2021 Primary General 3000 6,750.00$ Estimated Cost as of 4/22/2021 6,750.00$ 2021 Municipal Elections Exhibit B Active Voters for billing purposes, will be calculated 11 days before each Election Day MOAB CITY Not to exceed $2.25 per voter per election 1 Moab City Council Agenda Item Meeting Date: April 27, 2021 Item: City of Moab Resolution No. 18-2021 - A Resolution Continuing and/or Renewing the Local Emergency Proclamation Due to the Economic Impact of COVID-19 Novel Coronavirus on the City of Moab. Proposed Motion: “I move to approve Resolution No. 18-2021 - A Resolution Continuing and/or Renewing the Local Emergency Proclamation Due to the Economic Impact of COVID-19 Novel Coronavirus on the City of Moab.” Staff Presenters: Laurie Simonson, City Attorney Nora Shepard, Planning Director Attachment(s): - Attachment 1: February 3, 2021 Local Emergency Proclamation Due to the Economic Impact of COVID-19 Novel Coronavirus on the City of Moab. - Attachment 2: City of Moab Resolution No. 05-2021 - A Resolution Continuing the Local Emergency Proclamation Due to the Economic Impact of COVID-19 Novel Coronavirus on the City of Moab. - Attachment 3 - City of Moab Resolution No. 18-2021 - A Resolution Continuing and/or Renewing the Local Emergency Proclamation Due to the Economic Impact of COVID-19 Novel Coronavirus on the City of Moab Background: On February 3, 2021 pursuant to Utah Code Annotated §53-2a-208, “Emergency Management Act,” City Manager Joel Linares issued a proclamation declaring a local state of emergency for the City of Moab due to the severe economic impact of COVID-19 on the City of Moab. This severe economic impact included a period of closure and a current reduction in seating capacity for restaurants and a corresponding reduction in revenue. The February 3, 2021 declaration of local emergency allowed restaurants 2 within the City to establish “parklets” for outdoor dining in public space adjacent to their property under conditions previously established by the City. After an initial period of 30 days, a declaration of local emergency can only be continued or renewed with the consent of the City Council. On March 9, 2021, the City Council renewed the declaration of local emergency to allow parklets for outdoor dining in public space. This subsequent Resolution is necessary to renew the declaration of local emergency so that the parklets for outdoor dining can continue as allowed under the restrictions previously established by the City. The City is working towards permanent changes in its land use code to allow parklets without the need to renew a declaration of local emergency. On April 8, 2021, the City’s Planning Commission held a work session on modifications to the Moab Municipal Code to allow seasonal outdoor dining and parklets in City right of way. CITY OF MOAB UTAH Local Emergency Proclamation Due to the Economic Impact of COVID-19 Novel Coronavirus on the City of Moab WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) has been characterized by the World Health Organization as a worldwide pandemic caused by severe acute respiratory syndrome coronavirus 2 (SARS-Co V-2), a virus that spreads easily from person to person and can cause serious illness or death; WHEREAS, on September 19, 2020 Govemor Gary R. Herbert issued Executive Order No. 2020-63 declaring a state of emergency in Utah due to the on -going COVID-19 pandemic and finding that COVID-19 constitutes an epidemic that presents a continuing threat to public health and economic and social stability and thus emergency conditions exist sufficient to constitute a statewide disaster within the intent of the Utah Code Title 53, Chapter 2a, Disaster Response and Recovery Act; WHEREAS, COVID-19 continues to spread and threaten public health and safety, causing loss of life, human suffering, and economic and social disruption throughout the state; WHEREAS, as of the date of this Proclamation, Grand County remains in a high level of transmission; WHEREAS, COVID-19 has caused a severe economic impact on businesses in the City of Moab including restaurants involving a period of closure and a current reduction in seating capacity and a corresponding reduction in revenue; WHEREAS, the impacts of COVID-19 on businesses in the City of Moab include the closing of several eating establishments; WHEREAS, on January 21, 2021 the Utah Department of Health issued Public Heath Order No. 2021-3 ordering, among other things, restaurants to require each patron to maintain at least six feet of physical distance from any patron from a separate party, including in an area of ingress or egress; WHEREAS, Utah Code Annotated (UCA), §53-2a-208, "Emergency Management Act, Local emergency — Declarations" provides that: (1)(a) A local emergency may be declared by proclamation of the chief executive officer of a municipality or county....; (2) A declaration of a local emergency: (a) constitutes an official recognition that a disaster situation exists within the affected municipality or county; (b) provides a legal 1 basis for requesting and obtaining mutual aid or disaster assistance from other political subdivisions or from the state or federal government; (c) activates the response and recovery aspects of any and all applicable local disaster emergency plans; and (d) authorizes the furnishing of aid and assistance in relation to the proclamation; WHEREAS, "State of emergency" means a condition in any part of this state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster; WHEREAS, the circumstances described in this proclamation do create a local emergency as provided in UCA §53-2a-208, Emergency Management Act; NOW, THEREFORE, I, Joel Linares, City Manager, City of Moab, declare a local emergency in the City of Moab due to the above circumstances and to ensure that, among other things, the City of Moab has the ability to mitigate, manage, and respond to COVID-19 under the state Emergency Management Act or any other available law, statute, regulation or resource. Dated: 213 /2o2I Joel Linares City Manager Attested: uIVY�'�Vu�1� Somme; Johnson" City Recorder Approved as to form: Laurie Simonson City Attorney DocuSign Envelope ID: D93B10CD-2B0C-48C8-A1C2-E69CBB2AC9AC CITY OF MOAB RESOLUTION NO. 05-2021 A RESOLUTION CONTINUING THE LOCAL EMERGENCY PROCLAMATION DUE TO THE ECONOMIC IMPACT OF COVID-19 NOVEL CORONAVIRUS ON THE CITY OF MOAB WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) has been characterized by the World Health Organization as a worldwide pandemic caused by severe acute respiratory syndrome coronavirus 2 (SARS-Co V-2), a virus that spreads easily from person to person and can cause serious illness or death; WHEREAS, on September 19, 2020 Govemor Gary R. Herbert issued Executive Order No. 2020-63 declaring a state of emergency in Utah due to the on -going COVID-19 pandemic and finding that COVID-19 constitutes an epidemic that presents a continuing threat to public health and economic and social stability and thus emergency conditions exist sufficient to constitute a statewide disaster within the intent of the Utah Code Title 53, Chapter 2a, Disaster Response and Recovery Act; WHEREAS, COVID-19 continues to spread and threaten public health and safety, causing loss of life, human suffering, and economic and social disruption throughout the state; WHEREAS, as of the date of this Resolution, Grand County is in a moderate level of transmission; WHEREAS, COVID-19 has caused a severe economic impact on businesses in the City of Moab. This severe impact included a period of temporary closure and a current reduction in seating capacity for restaurants and a corresponding reduction in revenue; WHEREAS, the impacts of COVID-19 on businesses in the City of Moab include the closing of several eating establishments; WHEREAS, on February 24, 2021 the Utah Department of Health issued Public Heath Order No. 2021- 7 ordering, among other things, restaurants to require each patron to maintain at least six feet of physical distance between each party in a waiting area; WHEREAS, Utah Code Annotated (UCA), §53-2a-208, "Emergency Management Act, Local emergency — Declarations" provides that: (1)(a) A local emergency may be declared by proclamation of the chief executive officer of a municipality or county....; (2) A declaration of a local emergency: (a) constitutes an official recognition that a disaster situation exists within the affected municipality or county; (b) provides a legal basis for requesting and obtaining mutual aid or disaster assistance from other political subdivisions or from the state or federal government; (c) activates the response and recovery aspects of any and all applicable local disaster emergency plans; and (d) authorizes the furnishing of aid and assistance in relation to the proclamation; 1 DocuSign Envelope ID: D93B10CD-2B0C-48C8-A1 C2-E69CBB2AC9AC WHEREAS, "State of emergency" means a condition in any part of this state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster; WHEREAS, the circumstances described in this proclamation do create a local emergency as provided in UCA §53-2a-208, Emergency Management Act; WHEREAS, On February 3, 2021, pursuant to UCA §53-2a-208, Emergency Management Act, City Manager Joel Linares declared a local state of emergency for the City of Moab; WHEREAS, Utah Code Annotated §53 -2a -208(1)(b) "Local emergency — Declarations" states as follows: "A local emergency shall not be continued or renewed for a period in excess of 30 days except by or with the consent of the governing body of the municipality or county." NOW, THEREFORE, the City of Moab City Council hereby renews the February 3, 2021 declaration of local emergency in the City of Moab due to the above circumstances and to ensure that, among other things, the City of Moab has access to any available resources to mitigate, manage, and respond to COVID-19 under the state Emergency Management Act or any other available law, statute, regulation or resource. This Resolution renewing the local state of emergency will remain in effect for thirty days after the date passed and signed unless otherwise ordered or resolved and may be continued or renewed by this Council. PASSED AND APPROVED by a majority of the City of Moab City Council. This Resolution shall take effect immediately upon passage. dcL9f ri d by: 34eeee.eee•eo March 9, 2021 Emily S. Niehaus, Mayor Date ATTEST: --Sommar Johnson, Ri3Corder 2 1 CITY OF MOAB RESOLUTION NO. 18-2021 A RESOLUTION CONTINUING AND/OR RENEWING THE LOCAL EMERGENCY PROCLAMATION DUE TO THE ECONOMIC IMPACT OF COVID-19 NOVEL CORONAVIRUS ON THE CITY OF MOAB WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) has been characterized by the World Health Organization as a worldwide pandemic caused by severe acute respiratory syndrome coronavirus 2 (SARS-Co V-2), a virus that spreads easily from person to person and can cause serious illness or death; WHEREAS, on September 19, 2020, Governor Gary R. Herbert issued Executive Order No. 2020-63 declaring a state of emergency in Utah due to the on-going COVID-19 pandemic and finding that COVID-19 constitutes an epidemic that presents a continuing threat to public health and economic and social stability and thus emergency conditions exist sufficient to constitute a statewide disaster within the intent of the Utah Code Title 53, Chapter 2a, Disaster Response and Recovery Act; WHEREAS, COVID-19 continues to spread and threaten public health and safety, causing loss of life, human suffering, and economic and social disruption throughout the state; WHEREAS, as of the date of this Resolution, Grand County is in a high level of transmission; WHEREAS, COVID-19 has caused a severe economic impact on businesses in the City of Moab. This severe impact included a period of temporary closure and a current reduction in seating capacity for restaurants and a corresponding reduction in revenue; WHEREAS, the impacts of COVID-19 on businesses in the City of Moab include the closing of several eating establishments; WHEREAS, on April 9, 2021 the Utah Department of Health issued Public Heath Order No. 2021-10 ordering, among other things, restaurants in a high transmission area to require each party to maintain at least six feet of physical distance between any separate party, including in an area of ingress or egress; WHEREAS, Utah Code Annotated (UCA), §53-2a-208, “Emergency Management Act, Local emergency – Declarations” provides that: (1)(a) A local emergency may be declared by proclamation of the chief executive officer of a municipality or county. . . .; (2) A declaration of a local emergency: (a) constitutes an official recognition that a disaster situation exists within the affected municipality or county; (b) provides a legal basis for requesting and obtaining mutual aid or disaster assistance from other political subdivisions or from the state or federal government; (c) activates the response and recovery aspects of any and all applicable local disaster emergency plans; and (d) authorizes the furnishing of aid and assistance in relation to the proclamation; 2 WHEREAS, “State of emergency” means a condition in any part of this state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster; WHEREAS, the circumstances described in this proclamation do create a local emergency as provided in UCA §53-2a-208, Emergency Management Act; WHEREAS, On February 3, 2021, pursuant to UCA §53-2a-208, Emergency Management Act, City Manager Joel Linares declared a local state of emergency for the City of Moab; WHEREAS, Utah Code Annotated §53-2a-208(1)(b) “Local emergency – Declarations” states as follows: “A local emergency shall not be continued or renewed for a period in excess of 30 days except by or with the consent of the governing body of the municipality or county.” WHEREAS, On March 9, 2021, pursuant to UCA §53-2a-208, Emergency Management Act, the City continued and/or renewed this local state of emergency for the City of Moab. NOW, THEREFORE, the City of Moab City Council hereby continues and/or renews the March 9, 2021 declaration of local emergency in the City of Moab due to the above circumstances and to ensure that, among other things, the City of Moab has access to any available resources to mitigate, manage, and respond to COVID-19 under the state Emergency Management Act or any other available law, statute, regulation or resource. This Resolution renewing the local state of emergency will remain in effect for thirty days after the date passed and signed unless otherwise ordered or resolved and may be continued or renewed by this Council. PASSED AND APPROVED by a majority of the City of Moab City Council. This Resolution shall take effect immediately upon passage. SIGNED: Emily S. Niehaus, Mayor Date ATTEST: Sommar Johnson, Recorder Moab City Council Agenda Item Meeting Date: April 27th, 2021 Title: Consideration of Proposed Resolution #19-2021 – A Resolution By The Moab City Council To Adopt The City Of Moab Tentative Budget For Fiscal Year 2021-2022 And Setting A Public Hearing For Review Of The Final Budget On May 11, 2021 At 7:00 Pm Presenter: Ben Billingsley, Finance Director Attachment(s): 1) Draft Resolution #19-2021 2) Tentative Budget Background/Summary: As the Council is aware, the state requires that a tentative budget be adopted annually as part of the budget approval process. As per Moab Municipal Code, the tentative budget was presented, balanced, to City Council on April 1. The resolution sets a public hearing date of May 11, 2021. The budget can be modified prior to adoption. CITY OF MOAB RESOLUTION NO. 19-2021 A RESOLUTION BY THE MOAB CITY COUNCIL TO ADOPT THE CITY OF MOAB TENTATIVE BUDGET FOR FISCAL YEAR 2021- 2022 AND SETTING A PUBLIC HEARING FOR REVIEW OF THE FINAL BUDGET ON MAY 11, 2021 AT 7:00 PM The following describes the intent and purpose of this resolution: a. On April 1, 2021, the City Manager submitted a tentative budget to the City Council. b. b. The City Council desires to adopt the tentative budget as required by State law. c. The City Council desires to make the tentative budget available for public review and comment at least ten days prior to the public hearing. d. The City Council desires to set a public hearing for May 11, 2021, at approximately 7: 10 PM to formally receive additional public input on the budget. NOW THEREFORE, the City Council resolves as follows: 1. The City Council hereby adopts the tentative budget attached as Attachment A, which is attached hereto and incorporated herein by this reference. 2. The City Council will conduct a public hearing to review the final budget for fiscal year 2021- 2022 on May 11, 2021 at approximately 7: 00 PM. This Resolution shall take effect on January 8, 2019. Passed and adopted by action of the Governing Body of the City of Moab in open session on this 27th day of April, 2021. SIGNED: ATTEST: _________________________ ________________________ Emily S. Niehaus, Mayor City Recorder 1 Moab City Council Agenda Item Meeting Date: April 27, 2021 Item: Ordinance No. 2021-10 - A Text Amendment to Moab Municipal Code Title 4 “Special Event and Street Performer Permits” Creating §4.21.010 and a Text Amendment to Moab Municipal Code §12.20.040 Staff Presenter: Laurie Simonson, City Attorney Attachments: - Attachment 1: Ordinance No. 2019-25 - An Ordinance Amending the Municipal Code to Permit Serving of Alcohol at Public Events Held on Certain City Properties - Attachment 2: Ordinance No. 2021-10 - A Text Amendment to Moab Municipal Code Title 4 “Special Event and Street Performer Permits” Creating §4.21.010 and a Text Amendment to Moab Municipal Code §12.20.040 Proposed Motion: “I move to approve Ordinance No. 2021-10 - A Text Amendment to Moab Municipal Code Title 4 “Special Event and Street Performer Permits” Creating §4.21.010 and a Text Amendment to Moab Municipal Code Section 12.20.040.” Background: On September 9, 2019, the Moab City Council passed Ordinance No. 2019-25 “An Ordinance Amending the Municipal Code to Permit Serving of Alcohol at Public Events Held on Certain City Properties.” (See Attachment 1. Please note that the date on the signature page is incorrect and that the Ordinance passed on September 9, 2019 not September 9, 2017.) The purpose of this Ordinance was to, among other things, clarify the City’s regulations to permit the serving, sale, and consumption of alcohol at events held at certain City venues, subject to a number of requirements. Ordinance No. 2019-25 amended Moab Municipal Code §5.20.660 “Consumption of Alcohol in Public Places” and Moab Municipal Code §12.20.040. (“It is unlawful for any person to consume or possess beer or alcoholic beverages within any public park of the City of Moab, except as authorized by the park use policies.”) 2 Ordinance No. 2019-25 did not modify or amend any other provision of the Moab Municipal Code. Upon codification of Ordinance No. 2019-25, the modifications to Moab Municipal Code §5.20.660 and §12.20.040 were inadvertently not captured and are not currently included in the Moab Municipal Code. The need for the regulations stated in Ordinance No. 2019-25 still exist and the City of Moab would benefit from their codification in the Moab Municipal Code. Since the passage of Ordinance No. 2019-25, several changes have occurred to the Moab Municipal Code regarding special event licensing and alcohol licensing that now require clarification and modification from the language adopted in Ordinance No. 2019-25. First, the regulation of the serving, sale, and consumption of alcohol in public places is no longer governed by Moab Municipal Code §5.20.010 et seq. as stated in paragraph (a) of the purpose of Ordinance No. 2019-25. On April 14, 2020, the Moab City Council passed Ordinance No. 2020-05 “An Ordinance Repealing City of Moab Municipal Code, Chapter 5.20, Alcoholic Beverages and Amending Chapter 3.50 Removing All Fees for Alcohol Licenses.” The purpose of this Ordinance was to eliminate the need for a local license for the sale of alcoholic beverages as such local licensing was redundant because the state Department of Alcoholic Beverage Control regulates this licensing. Given the repeal of Moab Municipal Code, Chapter 5.20, all references to this Chapter are outdated and should be removed as should any reference for the need to obtain an alcohol license from the City of Moab. Second, the licensing of special events is no longer governed by Moab Municipal Code §5.09.010 as stated in paragraph (b) of the purpose of Ordinance No. 2019-25. The licensing of special events is now governed by Title 4, “Special Event and Street Performer Permits.” Therefore, all references to Chapter 5.09 are outdated and should be removed. Third, Title 4 of the Moab Municipal Code at §4.07.020, “Alcohol at Public Spaces,” contains regulations similar to, but not as comprehensive as, those contained in Ordinance No. 2019-25. Ordinance No. 2019-25 was adopted in 2019, subsequent to Moab Municipal Code §4.07.020 which was adopted in 2018 and therefore Ordinance No. 2019-25 reflects the more current intent of the Council. Because of this, the revised language of Ordinance No. 2019-25 is 3 appropriate to replace the regulations currently in Moab Municipal Code at §4.07.020. Therefore, given the forgoing, this Ordinance is a housekeeping matter necessary to state the City’s regulations on the consumption, serving and distribution of alcohol and to implement the intent and purpose of Ordinance No. 2019-25. (See Attachment 2.) CITY OF MOAB ORDINANCE NO. 2019-25 AN ORDINANCE AMENDING THE MUNICIPAL CODE TO PERMIT SERVING OF ALCOHOL AT PUBLIC EVENTS HELD ON CERTAIN CITY PROPERTIES The following describes the intent and purpose of this ordinance: a. The Moab Municipal Code regulates the serving, sale, and consumption of alcohol in public places pursuant to § 5.20.010 et seq. and §12.20.040; b. The Moab Municipal Code permits the licensing of special events pursuant to §5.09.010 et seq.; c. The City has determined that it is appropriate to clarify its ordinances to permit the serving, sale, and consumption of alcohol at events held at certain City venues, subject to a number of requirements; and d. The City periodically updates its ordinances for consistency and clarity. Therefore, MMC § 5.20.660 is hereby amended as follows: 5.20.660 Consumption of Alcohol in Public Places. A. No person shall consume, serve, or distribute alcoholic beverages in a public street, sidewalk, alley, building, park, or facility, except in conformity with the provisions of this section. Violation of this section is a strict liability offense punishable as a Class C misdemeanor. B. No event sponsor or other person shall charge an admission fee or otherwise charge a price for alcoholic beverages served and consumed in any public place, except in conformity with the provisions of this section. Violation of this subsection is a strict liability offense and shall be punishable as a Class C misdemeanor. C. Common Requirements For Public Events Where Alcohol Is Served. Persons who propose to hold public events where alcohol will be served at venues owned by the City of Moab must satisfy the following general requirements, in addition to those requirements specific to particular venues. The event sponsor shall comply with applicable laws governing the consumption and distribution of alcohol, and the sponsor must: 1. Obtain the applicable state of Utah single event alcohol permit or temporary special event beer permit and comply with all permit terms; 2. Obtain and comply with a City of Moab alcohol license, if applicable; 3. Obtain and comply with the applicable special event license pursuantto Chapter 5.09, which will be combined with the requirements under this section; 4. Show proof of liability insurance for event host liquor liability and naming the City of Moab as an additional insured; and 5. Pay the applicable rental fee, as established from time to time by Council resolution, and execute a public facility use agreement indemnifying and holding the City harmless from all liability associated with the serving and consumption of alcohol at the event. D. City Events. The City may hold public events where alcohol is served, as otherwise provided under this section. Where the City holds a public event it may contract with a separate alcohol vendor, who shall procure the alcohol event licenses under subsection C(1) and (2), and the liability insurance as required by subsection C(4), above. The alcohol vendor may be the event sponsor for purposes of all alcohol -related compliance under this section. If the City holds the event it has discretion to waive or modify the other requirements of subsection C. E. Public Events at Certain Parks. The serving, consumption, and sale of alcoholic beverages at public events held at Swanny City Park, the Center Street Ballfields, Lions Park, or Old City Park may be permitted by administrative approval, unless approval is required under the Special Events Code or other City Code. Serving of alcohol shall be limited to the hours of twelve p.m. until nine p.m. during the event. Areas designated for the serving of alcoholic beverages must be located at least one hundred feet away from designated playgrounds, the skate -park, the Moab Recreation and Aquatic Center, and similar facilities. F. Private Events at Certain Parks. The serving, consumption, and sale of alcoholic beverages at private events held at Swanny City Park, the Center Street Ballfields, Lions Park, or Old City Park may be permitted by administrative approval, unless approval is required under the Special Events Code or other City Code. Serving of alcohol shall be limited to the hours of twelve p.m. until nine p.m. during the event. Areas designated for the serving of alcoholic beverages must be located at least one hundred feet away from designated playgrounds, the skate -park, the Moab Recreation and Aquatic Center, and similar facilities. Events on Public Streets. The serving, consumption, and sale of alcoholic beverages at public events held on a public street may be permitted by the City Council, provided that the event sponsor obtains a special event license (Level II) pursuant to Chapter 5.09. Serving of alcohol shall be limited to the hours of twelve p.m. until nine p.m. during the event. G. Events at City Facilities. The serving, consumption, and sale of alcoholic beverages at public events held at city facilities may be approved by the City Council. 1. City staff is authorized to approve privately hosted social gatherings at the Moab Arts and Recreation Center (MARC) where alcohol may be served. Sponsors of private events at the MARC must: a. Pay the applicable rental fee, as established from time to time by Council resolution, and execute a public facility use agreement indemnifying and holding the City harmless from all liability associated with the serving and consumption of alcohol at the event; and b. Comply with applicable lawsgoverning the consumption and distribution of alcohol; c. All events at the MARC shall be concluded by eleven p.m. Serving of alcohol at private events shall be concluded no later than 10:30 p.m. 2. City staff is authorized to approve privately hosted social gatherings at the Moab Recreation and Aquatic Center (MRAC) where alcohol may be served. Sponsors of private events at the MRAC must: a. Pay the applicable rental fee, as established from time to time by Council resolution, and execute a public facility use agreement indemnifying and holding the City harmless from all liability associated with the serving and consumption of alcohol at the event; b. Comply with applicable lawsgoverning the consumption and distribution of alcohol; c. All events at the MRAC shall be concluded by the normal business hours of the MRAC. H. Public Events at County Facilities. The serving, consumption, and sale of alcoholic beverages to the public at facilities owned by Grand County within the City may be permitted by the City provided each of the following conditions are met: 1. The event sponsor obtains approval from Grand County; 2. The event sponsor obtains the applicable state of Utah single eventpermit or temporary special event beer permit and abides by all terms and conditions of the state of Utah permit; 3. The event sponsor obtains the applicable City of Moab alcohol licenses; and 4. The event sponsor obtains the applicable special event license pursuant to Chapter 5.09. A "privately hosted social gathering" shall be defined as any social, recreational, or business event for which all or a portion of the MARC has been leased or licensed, in advance, and the event or function is limited in attendance to people who have been specifically designated, by invitation or otherwise, and their guests. Privately hosted social gatherings shall not in any case be defined to include any event to which the public is invited, whether by advertisement or otherwise, or events where an admission fee is charged. J. A "public" event shall be defined to mean any gathering which is open to all persons, which is advertised as open to the general public, or which is open to all persons who purchase admission. K. No City employee, agent, or volunteer shall consume alcoholic beverages at any gathering authorized pursuant to this section while on duty or acting in an official capacity on behalf of City. Any City employee participating in the serving or distribution of alcoholic beverages must have the required certifications of the state of Utah, with a current copy filled with the City. Nothing in this subsection shall prohibit a City employee, agent, or volunteer from consuming or distributing alcoholic beverages at an event where such person is a guest or event participant. 1. City employees, agents, or volunteers are not deemed to be participating in the serving or distribution of alcoholic beverages where they perform other functions at an event held pursuant to subsection D, City Events. L. To be eligible for any license or permit pursuant to this Chapter, an "event sponsor" shall be a natural person twenty-one years of age or older, except in the case of events held under subsection D. M. No person shall allow or permit the serving of alcoholic beverages to any person under twenty-one years of age. All persons involved in the serving or distribution of alcoholic beverages do so under the supervision and direction of the event sponsor, who shall be personally responsible for compliance with all applicabti - public facility use agreement, City code, and State law provisions. Violation of .- = - this subsection is a strict liability offense and shall be punishable as a Glass C misdemeanor. N. The applicable decision maker for any event authorized under this section strap be authorized to attach such other and additional terms and conditions upden the use and occupancy of public facilities as may be deemed necessary and appropriate, depending upon the nature of the event planned. These additional terms may include, but shall not be limited to: 1. Special limitations as to hours of operation; 2. Limits on the occupancy or total numbers of guests; 3. Security requirements; 4. Parking limitations; 5. Limits on the areas to be occupied by the event; and 6. Any conditions reasonably related to the safety of event participants, and the safety and peace of the general public. O. Any City enforcement officer may enter the premises of any event permitted under this section at any time to determine compliance with all applicable laws and conditions. Any law enforcement officer who reasonably believes that an event is out of compliance with applicable laws and conditions shall have the authority to curtail or terminate the event. (Ord. 12-12 (part), 2012: Ord. 99-03 part), 1999: Ord. 85-09 (part), 1985: prior code § 3-4-11)In addition, MMC § 12.20.040 is amended as follows: It is unlawful for any person to consume or possess beer or alcoholic beverages within any public park of the City of Moab, except as authorized pursuant to MMC § 5.20.660. Approved and adopted by the Moab City Council this t day of September 2017. Emily Niehaus, Mayor Attest: By: Sommar johnson, Recorder 1 CITY OF MOAB, UTAH ORDINANCE NO. 2021-10 A TEXT AMENDMENT TO MOAB MUNICIPAL CODE TITLE 4 “SPECIAL EVENT AND STREET PERFORMER PERMITS” CREATING §4.21.010 AND A TEXT AMENDMENT TO MOAB MUNICIPAL CODE SECTION 12.20.040 WHEREAS, on September 9, 2019, the Moab City Council passed Ordinance No. 2019-25 “An Ordinance Amending the Municipal Code to Permit Serving of Alcohol at Public Events Held on Certain City Properties;” WHEREAS, the intent and purpose of this Ordinance was stated as follows: a. The Moab Municipal Code regulates the serving, sale, and consumption of alcohol in public places pursuant to §5.20.010 et seq. and §12.20.040; b. The Moab Municipal Code permits the licensing of special events pursuant to §5.09.010 et seq.; c. The City has determined that it is appropriate to clarify its ordinances to permit the serving, sale, and consumption of alcohol at events held at certain City venues, subject to a number of requirements; and d. The City periodically updates its ordinances for consistency and clarity. WHEREAS, Ordinance No. 2019-25 amended Moab Municipal Code §5.20.660 “Consumption of Alcohol in Public Places,” and Moab Municipal Code §12.20.040 (“It is unlawful for any person to consume or possess beer or alcoholic beverages within any public park of the City of Moab, except as authorized by the park use policies.”) This Ordinance did not modify or amend any other provision of the Moab Municipal Code; WHEREAS, upon codification of Ordinance No. 2019-25, the modifications to Moab Municipal Code §5.20.660 and §12.20.040 were not captured and are not currently included in the Moab Municipal Code; WHEREAS, the need for the regulations stated in Ordinance No. 2019-25 still exist and the City of Moab would benefit from their codification in the Moab Municipal Code; 2 WHEREAS, since the passage of Ordinance No. 2019-25, several changes have occurred to the Moab Municipal Code regarding special event licensing and alcohol licensing that now require clarification and modification from the language adopted in Ordinance No. 2019-25; WHEREAS, the regulation of the serving, sale, and consumption of alcohol in public places is no longer governed by Moab Municipal Code §5.20.010 et seq. as stated in paragraph (a) of the purpose of Ordinance No. 2019-25; WHEREAS, on April 14, 2020, the Moab City Council passed Ordinance No. 2020-05 “An Ordinance Repealing City of Moab Municipal Code, Chapter 5.20, Alcoholic Beverages and Amending Chapter 3.50 Removing All Fees for Alcohol Licenses.” The purpose of this Ordinance was to eliminate the need for a local license for the sale of alcoholic beverages as such local licensing was redundant because the state Department of Alcoholic Beverage Control regulates this licensing; WHEREAS, given the repeal of Moab Municipal Code, Chapter 5.20, all references to this Chapter are outdated and should be removed as should be any reference for the need to obtain an alcohol license from the City of Moab; WHEREAS, the licensing of special events is no longer governed by Moab Municipal Code §5.09.010 as stated in paragraph (b) of the purpose of Ordinance No. 2019-25; WHEREAS, the licensing of special events is now governed by Title 4, “Special Event and Street Performer Permits.” Therefore, all references to Chapter 5.09 are outdated and should be removed; WHEREAS, Title 4 of the Moab Municipal Code at §4.07.020, “Alcohol at Public Spaces,” contains regulations similar to, but not as comprehensive as, those contained in Ordinance No. 2019-25; WHEREAS, Ordinance No. 2019-25 was adopted in 2019, subsequent to Moab Municipal Code at §4.07.020, “Alcohol at Public Spaces” which was adopted in 2018 and therefore Ordinance No. 2019-25 reflects the more current intent of the Council. 3 NOW, THEREFORE BE IT ORDAINED by the Moab City Council that the following text amendments be made to the Moab Municipal Code: 1. Repeal Moab Municipal Code §4.07.020, “Alcohol at Public Spaces.” 2. Create §4.21.010 to Title 4 of the Moab Municipal Code as follows: 4.21.010 Consumption, Serving and Distribution of Alcohol A. No person shall consume, serve, or distribute alcoholic beverages in a public street, sidewalk, alley, building, park, or facility, except in conformity with the provisions of this section. Violation of this section is a strict liability offense punishable as a Class C misdemeanor. B. No event sponsor or other person shall charge an admission fee or otherwise charge a price for alcoholic beverages served and consumed in any public place, except in conformity with the provisions of this section. Violation of this section is a strict liability offense and shall be punishable as a Class C misdemeanor. C. Requirements For Public Events Where Alcohol ls Served. Persons who propose to hold public events where alcohol will be served at venues owned by the City of Moab must satisfy the following general requirements, in addition to those requirements specific to particular venues. The event sponsor shall comply with applicable laws governing the consumption and distribution of alcohol, and the sponsor must: 1. Obtain the applicable state of Utah single event alcohol permit or temporary special event beer permit and comply with all permit terms; 2. Obtain and comply with the applicable special event license, which will be combined with the requirements under this section; 3. Show proof of liability insurance for event host liquor liability and naming the City of Moab as an additional insured; and 4. Pay the applicable rental fee, as established from time to time by Council resolution, and execute a public facility use agreement 4 indemnifying and holding the City harmless from all liability associated with the serving and consumption of alcohol at the event. D. City Events. The City may hold public events where alcohol is served, as otherwise provided under this section. Where the City holds a public event it may contract with a separate alcohol vendor, who shall procure the alcohol event licenses under subsections C(1) and (2), and the liability insurance as required by subsection C(3), above. The alcohol vendor may be the event sponsor for purposes of all alcohol-related compliance under this section. If the City holds the event, it has discretion to waive or modify the other requirements of subsection C. E. Public Events at Certain Parks. The serving, consumption, and sale of alcoholic beverages at public events held at Swanny City Park, the Center Street Ballfields, Lions Park, or Old City Park may be permitted by administrative approval, unless approval is required under Title 4 or other City Code. Serving of alcohol shall be limited to the hours of twelve p.m. until nine p.m. during the event. Areas designated for the serving of alcoholic beverages must be located at least one hundred feet away from designated playgrounds, the skate-park, the Moab Recreation and Aquatic Center, and similar facilities. F. Private Events at Certain Parks. The serving, consumption, and sale of alcoholic beverages at private events held at Swanny City Park, the Center Street Ballfields, Lions Park, or Old City Park may be permitted by administrative approval, unless approval is required under Title 4 or other City Code. Serving of alcohol shall be limited to the hours of twelve p.m. until nine p.m. during the event. Areas designated for the serving of alcoholic beverages must be located at least one hundred feet away from designated playgrounds, the skate-park, the Moab Recreation and Aquatic Center, and similar facilities. G. Events on Public Streets. The serving, consumption, and sale of alcoholic beverages at public events held on a public street may be permitted by the City Council, provided that the event sponsor obtains a special event license (Level II) pursuant to Title 4. Serving of alcohol shall be limited to the hours of twelve p.m. until nine p.m. during the event. 5 H. Events at City Facilities. The serving, consumption, and sale of alcoholic beverages at public events held at City facilities may be approved as follows: 1. City staff is authorized to approve privately hosted social gatherings at the Moab Arts and Recreation Center (MARC) where alcohol may be served. Sponsors of private events at the MARC must: a. Pay the applicable rental fee, as established from time to time by Council resolution, and execute a public facility use agreement indemnifying and holding the City harmless from all liability associated with the serving and consumption of alcohol at the event; and b. Comply with applicable laws governing the consumption and distribution of alcohol; c. All events at the MARC shall be concluded by eleven p.m. Serving of alcohol at private events shall be concluded no later than 10:30 p.m. 2. City staff is authorized to approve privately hosted social gatherings at the Moab Recreation and Aquatic Center (MRAC) where alcohol may be served. Sponsors of private events at the MRAC must: a. Pay the applicable rental fee, as established from time to time by Council resolution, and execute a public facility use agreement indemnifying and holding the City harmless from all liability associated with the serving and consumption of alcohol at the event; and b. Comply with applicable laws governing the consumption and distribution of alcohol; c. All events at the MRAC shall be concluded by the normal business hours of the MRAC. I. Public Events at County Facilities. The serving, consumption, and sale of alcoholic beverages to the public at facilities owned by Grand County 6 within the City may be permitted by the City provided each of the following conditions are met: 1. The event sponsor obtains approval from Grand County; 2. The event sponsor obtains the applicable state of Utah single event permit or temporary special event beer permit and abides by all terms and conditions of the state of Utah permit; 3. The event sponsor obtains the applicable special event license pursuant to Title 4. J. A “privately hosted social gathering” shall be defined as any social, recreational, or business event for which all or a portion of the City facility has been leased or licensed, in advance, and the event or function is limited in attendance to people who have been specifically designated, by invitation or otherwise, and their guests. Privately hosted social gatherings shall not in any case be defined to include any event to which the public is invited, whether by advertisement or otherwise, or events where an admission fee is charged. K. A “public” event shall be defined to mean any gathering which is open to all persons, which is advertised as open to the general public, or which is open to all persons who purchase admission. L. No City employee, agent, or volunteer shall consume alcoholic beverages at any gathering authorized pursuant to this section while on duty or acting in an official capacity on behalf of City. Any City employee participating in the serving or distribution of alcoholic beverages must have the required certifications of the state of Utah, with a current copy filled with the City. Nothing in this subsection shall prohibit a City employee, agent, or volunteer from consuming or distributing alcoholic beverages at an event where such person is a guest or event participant. City employees, agents, or volunteers are not deemed to be participating in the serving or distribution of alcoholic beverages where they perform other functions at an event held pursuant to subsection D, City Events. 7 M. To be eligible for any license or permit pursuant to this section, an “event sponsor” shall be a natural person twenty-one years of age or older, except in the case of events held under subsection D. N. No person shall allow or permit the serving of alcoholic beverages to any person under twenty-one years of age. All persons involved in the serving or distribution of alcoholic beverages do so under the supervision and direction of the event sponsor, who shall be personally responsible for compliance with all applicable public facility use agreement, City code, and State law provisions. Violation of this subsection is a strict liability offense and shall be punishable as a Class C misdemeanor. O. The applicable decision maker for any event authorized under this section shall be authorized to attach such other and additional terms and conditions upon the use and occupancy of public facilities as may be deemed necessary and appropriate, depending upon the nature of the event planned. These additional terms may include, but shall not be limited to: 1. Special limitations as to hours of operation; 2. Limits on the occupancy or total numbers of guests; 3. Security requirements; 4. Parking limitations; 5. Limits on the areas to be occupied by the event; and 6. Any conditions reasonably related to the safety of event participants, and the safety and peace of the general public. P. Any City enforcement officer may enter the premises of any event permitted under this section at any time to determine compliance with all applicable laws and conditions. Any law enforcement officer who reasonably believes that an event is out of compliance with applicable laws and conditions shall have the authority to curtail or terminate the event. 8 3. In Moab Municipal Code §12.20.040 which states: “It is unlawful for any person to consume or possess beer or alcoholic beverages within any public park of the city of Moab, except as authorized by the park use policies.” Replace the words “the park use policies” with the words “Moab Municipal Code §4.21 et seq.” This Ordinance shall take effect upon passage. PASSED by the City Council in a public meeting on _______________________________. _________________________ Emily Niehaus, Mayor ATTEST: ______________________________ Sommar Johnson, Clerk/Recorder Moab City Council Agenda Item Meeting Date: April 27, 2021 Title: Presentation and Discussion Regarding UDOT’s Proposed Moab Transit Service Alternatives Date Submitted: April 21, 2021 Staff Presenter: Carly Castle, Deputy City Manager; Jason Miller, Fehr and Peers Attachment(s): o Moab Service Alternatives Presentation o Moab Transit Study – Travel Needs and Market Analysis Options: Discussion and possible action Recommended Motion: I move to approve alternative XX to the Transportation Commission. Background/Summary: Over the past several years, there have been many discussions at the policy-making level about the need for a public transportation system that serves the Moab community. The purpose of a transit system would be to improve mobility, reduce traffic and congestion, support economic development, and increase recreation and tourism opportunities. In 2018, the Moab area received a “Recreation Hotspot” grant from the Utah Department of Transportation (UDOT), and in the fall of 2020, the Arches Hotspot Region Coordinating Committee recommended that $1.5 million of the Hotspot grant be allocated to launch a pilot transit or shuttle solution. The $1.5 million would fund the first three years of operations, and the local Moab community (the City and Grand County) would be required to fund an additional $1 million for years four and five of shuttle operations. UDOT contracted with Fehr and Peers to develop alternatives for the pilot project, and Fehr and Peers will be presenting these alternatives to the Council for the City of Moab’s feedback. UDOT will ultimately identify a preferred alternative to recommend to the Transportation Commission for approval at its May 2021 meeting. Moab Transit Service Alternatives Open House 4/20/2021 Welcome! Today we will present and discuss alternatives for a possible Moab transit system Insert Picture TBD Project Overview Project Purpose: Define a new transit system for Moab that can be implemented quickly Project Context: Worsening traffic and congestion primarily from increased visitation Recreation HotSpot funding for first three years of transit service Previous studies and community dialogue around solutions such as transit Project Process Moab Transit Study Travel Needs and Market Analysis •Completed February and March 2021 •Included stakeholder input Develop System Alternatives •Three alternatives developed •Open house today to seek input Create Operating and Financial Plan •By end of April Final Moab Transit Plan •May 2021 Service Contracting and Implementation •August 2021 – February 2022 •Goal of service start in March 2022 Stakeholder Interview Results •COMMON THEMES •Need for transit service •Traffic and parking issues •Primary market: visitors (but must work for locals too) •Community connectivity •SERVICE CHARACTERISTICS •Seasonal (March-October) with year-round as goal •Scheduled service •Bus that has Moab-feel •Strong marketing and branding •7 days per week Trip Patterns and Target Markets TOP TRIP PATTERNS •Hotels, motels, campgrounds, and RV parks (along US-191) to/from downtown Moab. •Upper Spanish Valley to/from downtown Moab. •Point-to-point within Moab city limits between a variety of origin and destination locations. TARGET MARKETS •Visitors traveling between their lodging properties and downtown Moab •Employees living in the upper Spanish Valley area and working in downtown Moab •Residents of Moab, primarily youth, older adults, and those with limited access to a vehicle, needing to move around Moab for a variety of trip purposes through a variety of trip patterns Challenges Identified •Bus will be in same traffic as everyone else •Distinguishing bus from all other buses and bigger vehicles on the road •Limited budget for frequent service with enough daily hours •Getting visitors to park once and leave their car behind •US-191 (north of town) bus stop challenges and operational impact •ADA paratransit requirement •Facility for vehicle storage •Finding the right contractor Assumptions about Service •March through October season to start •Seven days/week service during season •For fixed route options: 20-25 passenger buses •For microtransit and paratransit zones: 10-14 passenger vans •Turn -key operations through a contractor at an estimated rate of $110/hour for bus and $75/hour for microtransit vans. •Oversight, administration by City of Moab with supporting partnerships with County and other community groups •Fare -free to riders Service Types •Fixed Route: scheduled times, defined route, specific stops. •Deviated Fixed Route: similar to fixed route but bus can deviate ¾ of a mile off route in between stops to pick up those who can’t make it to existing bus stops. Allows for bus to serve ADA paratransit trips, as opposed to having dedicated ADA van, but general public could use too. •ADA Paratransit Zone: FTA requires any fixed route to have complementary paratransit for those qualifying under the ADA. •Microtransit Zone: On-demand service open to the general public and connecting any two points within a defined zone – trips are requested and fulfilled in real-time like Uber and Lyft. Transit options •Following slides describe three transit service alternatives for a new Moab transit service •Keep in mind: Options are high level concepts and not meant to be fully developed (not all stops are shown; routing, schedules, zone areas, and hours of service will likely be refined). Estimated ridership and costs are based on similar systems – performance for Moab may vary. It takes years to build ridership and awareness. Options assume $500k budget for turn-key contract operations. There are endless possible service variations –these three options represent the most viable but could be adapted into hybrid variations in the final plan. Evaluation: Frequent Connections Along US-191 Ability to Connect to Many Destinations Passenger Convenience Ridership Potential OPTION 1 Fixed Route with Paratransit and Microtransit Zones Characteristics •5.5 miles one-way •18-24 minutes one-way travel time •6.6 mi2 Microtransit zone •2.4 mi2 Paratransit zone •Requires 1 bus and 1 van •11 hours of service/day •200 estimated riders/day Route Option Highlights Fixed route ADA Paratransit zone to the north (required) Microtransit zone for Moab general public Hourly frequency Me d i u m Hi g h Me d i u m Hi g h OPTION 2: Fixed Route with Deviated Zone Route Option Highlights Fixed route with more frequency Deviated zone for paratransit (but general public would have access too) Slightly shorter route than Option 1 to allow for potential deviations 30-minute frequency Characteristics •4.6 miles one-way •20-26 minutes one-way travel time •8 mi2 ADA Paratransit deviated zone •Requires 2 buses •10 hours of service/day •300 estimated riders/day Evaluation: Frequent Connections Along US-191 Ability to Connect to Many Destinations Passenger Convenience Ridership Potential Hi g h Me d i u m Hi g h Me d i u m OPTION 3: Microtransit Zone throughout Moab Characteristics •10-15 minutes trip response time •6.5 mi2 microtransit zone •Requires 2 vans •14 hours of service/day •100 estimated riders/day Route Option Highlights Full microtransit on-demand for Moab and surrounding area Any two points could be combined within the zone Dynamically-routed vehicles Trips/passengers would be combined where possible Evaluation: Frequent Connections Along US-191 Ability to Connect to Many Destinations Passenger Convenience Ridership Potential Me d i u m Hi g h Lo w Hi g h Budget Constraint Option Fleet Fixed Route Bus Cost On-demand Van Cost (microtransit or paratransit) Total Resulting hours of operation per day* Option 1 1 bus, 1 van $296,450 $202,125 $498,575 11 Option 2 2 buses $539,000 $0 $539,000 10 Option 3 2 vans $0 $514,500 $514,500 14 * For example, 11 hours of operation could be 8:00 AM –7:00 PM Other Needs We’ve Heard (to be considered long-term, as resources allow) •Connections further south on US-191 and Spanish Valley •Connection to Arches Visitor Center (dependent on Arches implementing internal shuttle system) •Year -round service •Later evening service •Connections to nearby parks and trailheads Critical Questions •Can City of Moab resources be identified to manage and oversee the service? •10-20 hours per week during operations •What if the City of Moab or other partner provided ADA paratransit service instead of a contractor? •Frees up resources for more fixed route service •Can the community start working on supportive tasks sooner than later? •Examples –vehicle storage, vehicle fueling arrangement, vehicle washing, bus stop improvements and signage, marketing support •Who gets to name the system? Any ideas on a potential name? Thank you. Questions? Moab Transit Study April 21, 2021 Page 1 of 25 MEMORANDUM Date: April 21, 2021 To: UDOT, City of Moab From: Fehr & Peers Subject: Moab Transit Study – Travel Needs and Market Analysis Introduction The Moab area has experienced tremendous growth in the past decades. With this growth comes increased residential, tourist, and freight traffic. The following analysis describes the travel needs and market analysis of potential users of a new public transportation or community shuttle option within and around Moab. The document covers four subject areas: • Census Data • Previous Plans • Stakeholder Input • Travel Market Analysis Overview Moab is located in the southeastern region of Utah in Grand County. Originally settled as a mining region, the area is now home to a thriving outdoor tourist destination thanks to its proximity to Canyonlands and Arches National Parks. The increase in tourism in the recent decades has led to a spike in commerce and housing throughout the region – all of these factors have led to significant recent increases in peak traffic and congestion within the Moab area. There have been many local conversations over the years about the need for a community public transportation solution that could help improve local mobility, possibly reduce traffic and congestion, support economic development, increase recreation and tourism opportunities, and improve the visitor experience. In 2018, the Moab area received a “Recreation Hotspot” grant from the Utah Department of Transportation (UDOT) and the Utah Transportation Commission to launch a pilot transit or shuttle solution. Funding of $1.5 million has been allocated to the first three years of shuttle operations (the grant estimated that shuttle operations would cost approximately $500,000 per year) with the goal of having a total pilot of period of five years (years 4 and 5 are estimated to be funded with local or other grant funds). Goals and Outcomes The goal of the study is to develop an implementable plan for a new community transit system within Moab and the immediate area (study area shown in Figure 1). This new community transit system could be a fixed route bus, on-demand shuttle, commuter bus, or a combination thereof. The outcomes of the study will be: Moab Transit Study April 21, 2021 Page 2 of 25  An assessment of the needs and opportunities (this memo presents the assessment).  Development of three possible service alternatives to address identified needs.  A final preferred service alternative with detailed service characteristics (route, schedule, costs, etc.) and operating plan, as well as a financial plan.  Support for a Request for Proposal (RFP) to select a vendor to operate the service.  A final plan document with system performance criteria. Figure 1: Study Area. Moab Transit Study April 21, 2021 Page 3 of 25 Community Conditions This section details the area’s current demographics which will help identify future potential transit markets. Population The current population of the City of Moab is 5,268, and it has been growing at 0.7% per year since 2010 as shown in Figure 2. Figure 2. Population Growth in Moab. Source: ACS 2010 – ACS 2019 4850 4900 4950 5000 5050 5100 5150 5200 5250 5300 2010 2011 2012 2013 2014 2015 2016 2017 2018 Moab Population Moab Transit Study April 21, 2021 Page 4 of 25 Figure 3. Moab Population Density by Block Group. Source: ACS 2019. Most of Moab’s population is centered around the downtown core along US-191 as shown in Figure 3. The population becomes less dense further from the intersection of Center Street and US-191. The northern sections of US-191 experience more dispersed populations than the southern sections of US- 191. This southern section of the roadway remains relatively populated into Spanish Valley in San Juan County. Demographics Figure 4 shows Moab residents by race and ethnicity. Moab Transit Study April 21, 2021 Page 5 of 25 Figure 4: Moab Population Demographics. Source: ACS 2019. Roughly three-quarters of the population in Moab is White (78%) and 14% is Hispanic. The remaining 8% of the population consists of Naïve American, Asian, Black or other mixed races. One way to understand where demand for transit is located is to analyze those demographic groups that typically use transit at a high rates including: those living under the federal poverty level, those with no vehicle available to the household, younger residents, and older adult residents. Figure 5 shows the percentage of these populations most likely to take transit by Census Block Group. It should be noted that this approach does mean that some people may fall in multiple categories. 78% 14% 4%2%2%0.5% Moab Race & Ethnicity (2019) White Hispanic Native Asian 2+ Races Black Moab Transit Study April 21, 2021 Page 6 of 25 Figure 5. Moab Demographic Groups Using Transit at a High Rate. Source: ACS 2019 Because the surrounding area is rural and dispersed, it is not surprising that most residents own a vehicle. However, two census block groups in Moab are home to residents without vehicles available to the household – North Central and Southwest Moab. Typically, those without consistent access to a vehicle could benefit from a local transit system. East Bench/Slickrock and South-Central Moab are home to the highest percentages of older residents who may experience physical limitations to mobility and thus may be inclined to use a new transit system. North Central and Northwest Moab are home to the greatest percentages of both youth and residents living below the federal poverty level. These populations are likely to take transit due to being too young to driver or because of economic limitations and could directly benefit from a transit system. Diving further into the income demographic, Figure 6 shows the change in median income from 2016 to 2019, and Figure 7 shows the distribution of income levels in 2019. 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% East Bench/Slickrock North CentralMoab Northwest Moab South CentralMoab Southwest Moab Demographic Groups Using Transit at a High Rate Under Federal Poverty Level No Vehicle Young (<18 Years Old)Old (65+ Years Old) Moab Transit Study April 21, 2021 Page 7 of 25 Figure 6: Moab Median Income. Source: ACS 2016 & ACS 2019. Figure 7: Moab Income. Source: ACS 2019 As Figure 6 shows, most Moab Census Block Groups experienced an increase in median income from 2016-2019. Only Southwest and North Central Moab showed decreases in median income, with North Central Moab showing the greatest decrease in median income. As shown in Figure 7, North Central Moab also has the most even distribution of incomes among block groups. Along with this more equal distribution comes one of the highest number of residents with lower incomes, reflected in the high poverty rate from Figure 5. South Central and Southwest Moab also have relatively high numbers of low-income residents, with Southwest Moab showing the greatest income disparity. Lower-income $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 East Bench/Slickrock North CentralMoab NorthwestMoab South CentralMoab SouthwestMoab Block Group Moab Median Income 2016 2019 0 100 200 300 400 500 600 East Bench/Slickrock NorthCentralMoab NorthwestMoab SouthCentralMoab SouthwestMoab Nu m b e r o f B l o c k G r o u p R e s i d e n t s Block Group 2019 Moab Income < $25k $25k-$45k $45k-$125k > $125k Moab Transit Study April 21, 2021 Page 8 of 25 residents are more vulnerable to adverse effects from unexpected life events – potentially causing limitations in individual mobility options – and should thus be accounted for in a transit study. Another important demographic determinant of potential transit use is age. The Moab area is home to populations of all ages, as shown in Figure 8. Figure 8: Moab Age Groups. Source: ACS 2019. Younger working age residents (ages 21-45 years) are the largest age group in each Moab Census Block Group. Young residents (ages 21 years and younger) and older residents (ages 64 years and older) tend to be the age groups with the most limited mobility options. Southwest Moab has a large number of younger and older residents, while North Central Moab is home to many younger residents. South Central Moab has the most equal distribution of age groups among the census blocks. Commute Characteristics Commute mode choice is another important factor when considering transit markets. Driving alone represents the predominant travel mode in Moab as shown in Figure 9. 0 100 200 300 400 500 600 700 800 900 East Bench/Slickrock North CentralMoab Northwest Moab South CentralMoab Southwest Moab Nu m b e r o f B l o c k G r o u p R e s i d e n t s Block Group Moab Ages (2019) < 21 Years 21-45 Years 45-64 Years >64 Years Moab Transit Study April 21, 2021 Page 9 of 25 Figure 9: Moab Commute Mode Choice. Source: ACS 2019. While most residents commute by driving alone as is common in a low-density community, a third of residents experience a different commute. Nearly 10% of residents bike and another near 10% work from home. Carpooling is slightly less popular than walking. Another important commuting characteristic is the inflow and outflow of commutes, as shown in Figure 10. Figure 10. Inflow/Outflow of Moab Job Counts. Source: OnTheMap. While most employees in the City of Moab come from out of town, several live and work in Moab. Of those living in the City, about one third of residents work outside of Moab while the rest remain in Moab to work locally. 68% 6% 9% 7% 1%9% Moab Commute Mode (2019) Drove Alone Carpooled Biked Walked Other Worked From Home Moab Transit Study April 21, 2021 Page 10 of 25 Visitation The regional economy is heavily influenced by tourism, which in turn influences transportation. Figure 11 shows steadily increasing visitation to both National Parks in the study area, with Arches National Park experiencing a significant rise in popularity over the past decade. Figure 11: National Park Visitation 2009-2019 (National Park Service) Existing Plans Moab Transportation Plan (2004) The Moab Transportation Master Plan (TMP) outlines several short-term and long-term projects, notably a transit system within Moab, a bypass feasibility study, implementation of an emergency vehicle pre-emption system, traffic calming infrastructure, and active transportation (walking and bicycling) safety improvements. Spanish Valley Area Plan (2018) San Juan County adopted the Spanish Valley Area plan to guide future development in the San Juan County section of Spanish Valley. The plan outlines mixed-use community cores with larger residential lots on the perimeter. Recreational areas should be linked with active transportation infrastructure. Service roads along US-191 should be constructed to serve new development. A well-connected transportation system that safely incorporates multiple modes of transit along US-191 is a guiding principle of the plan. 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 NATIONAL PARK VISITATION Arches Canyonlands Moab Transit Study April 21, 2021 Page 11 of 25 Moab Downtown Plan (2019) The Moab Downtown Plan summarizes residents’ visions for downtown Moab amidst its growing tourist popularity. Due to the high levels of freight traffic along US-191/Main Street, residents would like traffic calming and congestion mitigation improvements, along with increased opportunities for active transportation. The community also noted that the Main Street corridor needs a balance of tourist and resident retail opportunities along with a unified community character in the downtown area. Moab & Spanish Valley Regional Transportation Plan (2021) Grand County, San Juan County, the City of Moab, the Utah School and Institutional Trust Lands Administration (SITLA), and the Utah Department of Transportation (UDOT) collaborated to form the following regional transportation vision in the Moab & Spanish Valley Regional Transportation Plan: "The Spanish Valley will have a transportation system that welcomes residents and visitors to access community amenities and recreational opportunities using a safe, efficient, and multi-modal system that moves people and goods reliably into, out of, and around the region." The plan recommends a public shuttle to a few key destinations in the area to alleviate parking problems, and recommends connecting the airport in any future transit service as a multi-modal hub. Other Plans The City of Moab, Grand County, and UDOT have conducted several other plans in the study area: • US-191 Corridor Preservation Study (2015) – Grand County • Arches Area Recreation Hotspot (2018) – UDOT • Main Street Moab Bypass Planning Study (2018) – UDOT • Moab Parking Study (2019) – City of Moab • Spanish Valley Access Management Plan (2018) – Grand County • US-191 Truck Parking Study (2019) – UDOT Common Themes from Recent Planning Efforts With growing resident and tourist use of US-191 as a main thoroughfare, the area has been working to develop solutions to maintain community quality of life while still providing important north-south highway access for freight. Peak traffic has become a significant concern and community issue, which is perceived to be exacerbated by the lack of a transit system which limits transportation mode choice options in the area. A bypass or limited access highway has been discussed to provide economic benefits for freight, but route options and community support are limited. Many traffic calming measures, active transportation infrastructure, and parking projects have also been considered in recent planning efforts, along with a possible transit or shuttle service. Traffic Average Daily Traffic (ADT) The average daily traffic for weekends and weekdays by month is shown in Figure 12. Moab Transit Study April 21, 2021 Page 12 of 25 Figure 12: Average Daily Traffic along SR-191, 0.2mi north of SR-279 in 2017. (UDOT) The ADT demonstrates the seasonal travel peaks into and out of the Moab area. May and September are peak months with a slight dip in the summer months and a large decline in traffic during the winter months. Visitation Trends With the two national parks (Arches and Canyonlands), Deadhorse Point State Park, and numerous recreational sites on BLM lands, the Moab & Spanish Valley area receive hundreds of thousands of visitors every year, with a recent increase in visitors, as shown by Figure 13 below. 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 AA D T MOAB AVERAGE ANNUAL DAILY TRAFFIC (AADT) -2017 Weekend Weekday Moab Transit Study April 21, 2021 Page 13 of 25 Figure 13: Arches and Canyonlands (respectively) National Parks Total Recreation Visitors (National Parks Service) The influx of visitors contributes greatly to the area’s economy, as shown in Figure 14 and Figure 15. Moab Transit Study April 21, 2021 Page 14 of 25 Figure 14: Arches National Park Economic Impact of Visitor Spending (National Parks Service) Figure 15: Canyonlands National Park Economic Impact of Visitor Spending (National Parks Service) Moab Transit Study April 21, 2021 Page 15 of 25 Bicycle and Pedestrian Network Existing Facilities As most transit trips begin and end with either a biking or walking trip, it is important to understand the existing biking and walking routes, as shown in Figure 16. Figure 16: Moab City and Biking Routes (UDOT) Notable Shared-Use Paths The Moab Canyon Pathway connects the northern edge of Moab with Arches National Park, Canyonlands National Park and Dead Horse Point State Park. A part of the SH-191 widening project, the Pathway will be extended south to Emma Boulevard. Moab Transit Study April 21, 2021 Page 16 of 25 The Mill Creek Parkway is a two-mile east-west facility that connects residential areas throughout Moab with Sand Flats Road and recreational opportunities to the east of the City. The planned Millsite Riverside Trail will be constructed on the site of a former uranium mine and provide a connection to the North Moab Canyon Recreation Trail. On-Street Facility Types The City of Moab has striped bike lanes on a number of roadways including 400 N Street, 500 West Street, and 400 East Street. Facility types include striped bike lanes and marked shoulders like the example shown below on 500 W Street (Figure 17). Figure 17: Striped Shoulder Bike Lane in Moab Moab Transit Study April 21, 2021 Page 17 of 25 Existing Transportation Services Private Providers The study area does not currently have public transit service. The private providers listed below provide transportation service to tourists seeking trailhead access, access to the Moab Canyonlands Airport, and intercity service. Canyonlands Shuttle On-demand transportation provider serving airports in Utah, western Colorado, and northern Arizona as well as connections to intercity bus and rail stations. In addition, Canyonlands Shuttle provides service to trailheads. https://www.canyonlandsshuttle.com/services Moab Express Provides airport service to Moab Canyonlands Airport and Grand Junction Airport. https://moabexpress.com/ Porcupine Shuttle Provides bike shuttle service to trailheads, airport service to Moab Canyonlands Airport and Grand Junction Airport, and offers intercity shuttles for tourists on extended one-way bicycle or river rafting trips. https://porcupineshuttle.com/ Raven Shuttle Provides shuttle service to trailheads for bicyclists and hikers, airport service to Moab Canyonlands Airport, Grand Junction Airport, and Salt Lake City Airport and offers intercity shuttles to destinations like Telluride or Durango. https://www.ravenshuttlemoab.com/ Roadrunner Shuttle Provides shuttle service to trailheads for bicyclists and hikers, river shuttles for rafting excursions, and airport transportation to Moab Canyonlands Airport, Grand Junction Airport, Salt Lake City Airport, and Telluride Airport. http://www.roadrunnershuttle.com/ Redrock Express The Redrock Express is a private shuttle service that provides recreation tours in Southern Utah. https://www.redrockexpress.com/ Coyote Shuttle The Coyote Shuttle serves private excursions for biking, rafting, and hiking trips. https://www.coyoteshuttle.com/ Moab Transit Study April 21, 2021 Page 18 of 25 The Whole Enchilada Shuttle Co. A private provider serving biking trips with trailhead access. https://wholeenchiladashuttles.com/ Moab Transit Study April 21, 2021 Page 19 of 25 Stakeholder Input To better understand the unique transportation needs of the Moab area, seven stakeholder interviews were conducted by Fehr & Peers staff in March of 2021. These stakeholder interviews afforded more in- depth conversations with representatives from a broad cross-section of community leaders and organizations in Moab. The stakeholders interviewed (and the constituents they represent) were chosen based on their historical and likely future involvement in the operations of a new transit system. The stakeholders interviewed included key representatives from: • City of Moab Administration • City of Moab Planning Department • City of Moab Public Works Department • City of Moab City Council • Grand County • Moab Area Travel Council • Moab Chamber of Commerce • HooDoo Moab by Hilton • Utah State University – Moab • National Park Service on behalf of Mill Creek Community Collaborative Each interview was conducted one-on-one and lasted 30 minutes to one hour. Common Themes Many common themes were identified through the stakeholder interviews. Need for Shuttle or Public Bus Almost all stakeholders interviewed indicated that they believe there is a need for a new public transit system or community shuttle and that a new shuttle would be beneficial to visitors and locals within and around Moab. Traffic and Parking Issues Most stakeholders mentioned the peak traffic and congestion issues that are perceived to happen more often each year – the potential for a shuttle to help alleviate traffic congestion, at least to some degree, was of importance to almost all stakeholders. Many stakeholders also indicated that a shuttle could help reduce parking demands, especially downtown and possibly at nearby trailheads such as Mill Creek Power Dam. Primarily Visitor-Focused Most stakeholders interviewed believed the target market for the service should be visitors, particularly moving visitors from area hotels to and from downtown. However, many stakeholders mentioned the need for the shuttle system to also serve locals, especially for getting people employed in the service industries to and from work, as well as helping get students to the new USU campus at US-191 and South Mill Creek Drive. Moab Transit Study April 21, 2021 Page 20 of 25 Community Connectivity All stakeholders discussed the need to connect key destinations along the US-191 corridor, from the northern hotels at the Colorado River to the southern Moab city limits. Several stakeholders mentioned the need the connect to other destinations including points further south on US-191 such as the Old Spanish Area and points in the Spanish Valley area, primarily to serve people living here and working in downtown Moab. Two stakeholders mentioned that circulation with the Moab city limits would be helpful with connections to destinations such as the Senior Citizens Center, local parks, local schools, the Moab Regional Hospital, and Utah State University-Moab. Important Service Characteristics Stakeholders also weighed in on important service characteristics to consider in developing a new community shuttle system. Year-Round Versus Seasonal Service All stakeholder believed that a new transit service must operate at least from March through October. However, some stakeholders indicated that the shuttle should also operate during the winter months (with reduced service) to allow for consistency for local riders. Growth in visitation in November was noted by some, as well as busyness around Christmas week, that could require a longer season with almost year-round service. Scheduled and On-Demand Options Most stakeholders indicated that a frequent service running a fixed route along US-191 was important, but there was less consensus about whether an on-demand service for the Moab city limits made sense. Some thought that a flexible service, where users could request an on-demand trip in real-time using a smartphone app, could be helpful for some trip types within Moab. Bus Features There was not consensus among stakeholders on the types of buses for the service. Some thought that having bigger buses was critical and others thought smaller buses would be more appropriate. Many thought that open air buses, possibly rubber-tired trolleys, could help attract users while others thought that having comfortable buses with air-conditioning was important. Late Night Service There were differing opinions on how late a new shuttle service should operate. Most agreed that the shuttle should go until at least 7:00 PM, but some believed service was needed until 9:00 or 10:00 PM. Marketing and Branding All stakeholders believed that having a service with distinctively branded vehicles (with a Moab-feel) and extensive local marketing and advertising would be critical to the success and popularity of the service. Service Seven Days per Week Universally, stakeholder indicated that a new transit service would need to operate every day of the week during the months it operates. Moab Transit Study April 21, 2021 Page 21 of 25 Bicycle and Pedestrian Connectivity Many stakeholders identified the need for potential bus stops to incorporate safe bicycle and pedestrian infrastructure such as pathways, bus pull-out areas, defined crosswalks, sidewalks, and possibly pedestrian underpasses in areas where crosswalks are not possible, or no traffic signal exists such as the new USU campus. Park-and-Ride Lots Some stakeholders mentioned the need for park-and-ride lots on the north and south ends of a potential route along US-191 that would allow for potential riders to park and catch the bus into downtown Moab. Challenges Stakeholders identified many challenges to consider for implementing a new public transportation service. • Having the bus sitting in the same traffic as all other vehicles will impact the attractiveness of the shuttle and could create operational challenges in keeping the bus on schedule. • Alternative routes away from US-191 are limited and often congested. • Without strong branding and/or a unique vehicle (such as a trolley), a new public transportation shuttle may be difficult to distinguish from all other big vehicles on the road. • Providing enough service to have highly frequent service may be challenging with a limited budget. • Getting visitors who come to Moab with their vehicle (and often lots of toys and gear) to park and take the shuttle could be a “hard sell.” • Establishing new bus stops along Main Street (US-191) in downtown Moab will require removing parallel parking spots. • The limitations a shuttle may have in reducing peak traffic, considering the maximum number of people a shuttle could carry compared to the significant number of cars at peak times – a shuttle would have to operate at a very high level of service (for example, every 10 minutes or less) to make a noticeable difference in traffic. Moab Transit Study April 21, 2021 Page 22 of 25 Travel Market Analysis A travel market analysis identifies who might use a new public transportation service, how they might use it, and where it needs to connect. Activity Centers Understanding where the current activity centers are within Moab and the surrounding region is starting point for determining potential travel markets. As shown in Figure 18, and not surprisingly, the major activity center is downtown Moab with concentrations of activity along US-191 from Colorado River bridge on the north side to the south end of Moab. More dispersed activity centers exist within the upper Spanish Valley area. Activity centers identified include: • Hotels and RV parks/campgrounds along US-191. • Downtown shopping, restaurants, and services along US-191/Main Street in downtown Moab. • Residential areas throughout the City of Moab and within Spanish Valley. • Outfitters and tour companies along US-191. • Schools, medical services, and social services within Moab. Figure 18: Moab Activity Center Density. Source: Fehr & Peers Moab Transit Study April 21, 2021 Page 23 of 25 Potential Trip Patterns Through review of limited, available data and stakeholder input, the following potential trip patterns were identified. • From hotels, motels, and campgrounds north of Moab (as far as the hotels just north of the Colorado River) into downtown Moab • From hotels, motels, and campgrounds south of Moab (as far as the KOA campground) into downtown Moab • From Spanish Valley residential areas (as far south as Rim Village) into downtown Moab • From points throughout Moab and Spanish Valley to employment locations primarily along US-191 • From hotels, motels, and campgrounds throughout the Moab area to close-in recreation spots such as Mill Creek/Power Dam and Rotary Park • Point-to-point within Moab city limits Identification of Top Trip Patterns The top three identified trip patterns include: 1. Hotels, motels, campgrounds, and RV parks (along US-191) to/from downtown Moab. 2. Upper Spanish Valley to/from downtown Moab. 3. Point-to-point within Moab city limits between a variety of origin and destination locations. Travel Markets The universe of all possible travel markets (users and user characteristics of a new transit service) includes a variety of potential users. It should be noted that many people fall into multiple potential travel market categories.  Visitors staying in a variety of lodging properties, primarily along US-191 from just north of the Colorado River to just south of Moab city limits  Employees living in Spanish Valley and working in Moab  Employees living and working in Moab  People with limited access to a vehicle  Older adults  Youth  People with limited mobility or mobility assistant devices  USU-Moab staff and students  People looking to hike or relax along Mill Creek Identification of Top Travel Markets and Trip Purposes Considering all the identified travel markets combined with likely trip purposes and the following top travel markets have been identified. 1. Visitors traveling between their lodging properties and downtown Moab 2. Employees living in the upper Spanish Valley area and working in downtown Moab Moab Transit Study April 21, 2021 Page 24 of 25 3. Residents of Moab, primarily youth, older adults, and those with limited access to a vehicle, needing to move around Moab for a variety of trip purposes through a variety of trip patterns Moab Transit Study April 21, 2021 Page 25 of 25 Conclusions and Next Steps This analysis has found that the region draws significant seasonal travel demand due to the local concentration of recreational attractions and growing visitation to the Moab area. Most visitors access their destination by driving and have contributed to the peak traffic and congestion issues that have gotten worse over the past 10 years. Although there are private transportation providers that offer one-way trips for excursions and some intercity connectivity, there is a lack of public transportation service both locally and regionally. The conclusion is that a new public transportation service could be successful and should be primarily targeted towards visitors. The goal would be to get visitors to park once and then use a new bus route or shuttle to move between lodging properties along US-191 and downtown Moab. Secondary target markets identified for a new transit service include employees who living in Spanish Valley and needing to get to jobs downtown and residents living in Moab and needing to get to various destinations around Moab, especially those with mobility issues or limited access to a personal vehicle. Potential Service Alternatives As this study moves forward, possible alternatives for a new public transportation system within Moab may include: • A fixed route bus operating frequently along the US-191 corridor • A circulator bus, possibly on-demand using smartphone ride hailing technology, operating within Moab city limits • A commuter bus connecting Spanish Valley with downtown Moab with weekday AM and PM service Next Steps The next steps in the study process, along with estimated timeframes are as follows.  Develop Service Alternatives and Seek Input – mid-April 2021  Develop and Present Final Service Plan – May 2021  Create Service Contract Requirements – late May 2021  Service Procurement/Contracting – August-October 2021  Service Start – February-March 2022 The Service Alternatives will present three to four possible service alternatives for consideration. The Final Service Plan will present a final alternative with more detailed service characteristics, cost estimates, and performance estimates. The Service Contract will incorporate the Final Service Plan details into requirements, contracting details, and terms that must be met as part of a service operations agreement between the City of Moab, UDOT, and a potential service contractor. 1 Moab City Council Agenda Item Meeting Date: April 27, 2021 Item: Ordinance No. 2021-09 - Text Amendments to Moab Municipal Code §12.20.005 Modifying the Definition of Motorized Vehicle and Adding a Definition for E-Bikes Staff Presenter: Laurie Simonson, City Attorney Attachments: - Attachment 1: Moab Municipal Code §12.20.060 - Attachment 2: Moab Municipal Code §12.20.005 - Attachment 3: November 15, 1993, Financial Assistance Agreement, Utah Division of Parks and Recreation’s Non-Motorized Trail Matching Fund - Attachment 4: TEA-21 Transportation Equity Act for the 21st Century Fact Sheet – Bicycle Transportation and Pedestrian Walkways Proposed Motion: “I move to approve Ordinance No. 2021-09 - Text Amendments to Moab Municipal Code §12.20.005 Modifying the Definition of Motorized Vehicle and Adding a Definition for E-Bikes.” Background: An electric bicycle (“e-bike”) is a bicycle with a small electric motor that provides power to help move the bicycle. E-bikes are divided into three classes. A “Class 1 electric bicycle” is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. A “Class 2 electric bicycle” is an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. A “Class 3 electric bicycle” is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. (36 Code of Federal Regulations (“CFR”), Chapter I, Part 1, §1.4.) 2 E-bikes have recently gained popularity in many communities. While e-bikes have an electric motor, they are operable in a similar manner to traditional bicycles and, in many cases, appear indistinguishable from them. (Secretary of the Interior Bernhardt’s Secretary’s Order 3376, “Increasing Recreational Opportunities through the use of Electric Bikes,” August 29, 2019.) Currently, multiple definitions in the “Streets, Sidewalks and Public Places” section of the Moab Municipal Code combine to create a prohibition on the use of e-bikes on pathways within City limits. Specifically, Moab Municipal Code §12.20.060 prohibits motorized vehicles in public parks. (See Attachment 1.) Moab Municipal Code §12.20.005 defines “Motorized vehicle” as “any motorized vehicle capable of, or designed for, travel on or immediately over land, water, paved pathways or other natural terrain. This includes motor assisted bicycles (electric, gas or diesel).” (See Attachment 2.) Moab Municipal Code §12.20.005 defines “Public park” as “city-owned parks, public squares, ball diamonds, soccer fields, path systems and other recreation areas, but not designated smoking areas specified by the City.” (See Attachment 2.) Therefore, under these current definitions, e-bikes are not allowed on the City’s pathways. The City of Moab’s inclusion of e-bikes in the definition of “motorized vehicle” is inconsistent with state law. Utah Code Annotated §41-6a-102 excludes e-bikes from the definition of “motor vehicle.” Therefore, e-bikes are allowed on pathways under state law. Additionally, some federal agencies, including the National Park Service, have recently made changes to explicitly exclude e-bikes from the definition of “motor vehicle.” (Department of the Interior, National Park Service, RIN 1024–AE61, General Provisions; Electric Bicycles, Final Rule effective December 2, 2020. “The rule explicitly excludes e-bikes from the definition of ‘motor vehicle’ found at 36 CFR 1.4. This clarifies that, except as stated in section 4.30(g), e-bikes are not subject to the regulations in 36 CFR part 4 that apply to the use of motor vehicles.” Secretary of the Interior Bernhardt’s Secretary’s Order 3376, “Increasing Recreational Opportunities through the use of Electric Bikes,” August 29, 2019 memorandum directs the superintendents of any NPS unit with e-bikes present to implement the actions required by the policy using their regulatory authority in 36 CFR 1.5(a)(2). This authority allows superintendents to designate areas for a specific use or activity, or impose conditions or restrictions on a use or activity. As of the date of this rule, more than 380 units of the National Park System have implemented the e-bike policy under 3 the authority in 36 CFR 1.5(a)(2) and have published notice of this action in the park-specific compilation of management actions required by 36 CFR 1.7(b), referred to as the superintendent’s compendium.) On November 15, 1993, August 1, 1994, and December 15, 2000, the City of Moab received grant money from the Utah Division of Parks and Recreation’s Non-Motorized Trail Matching Fund by way of Financial Assistance Agreements for construction of pathways for “non-motorized” trails and facilities. (See for example Attachment 3.) These grant funds were from state funds provided by the Utah State Legislature. The Financial Assistance Agreements do not define “non-motorized” and these agreements pre-date the popularity of e-bikes. Over the years, the City has received other grant money from the Utah Division of Parks and Recreation for construction of pathways which made no mention of “non-motorized” use (i.e. were for “public outdoor recreation use” or allowed “motorized” use or were specifically for “motorized” use). The 1993, 1994, and 2000 grants were the only grants that specified “non-motorized” use. Because these were state grant funds and the state definition of motorized vehicle excludes e-bikes, the proposed change in definitions in Ordinance 2021-09 would not impact this past funding. On April 30, 2015, the City received a joint Utah Division of Parks and Recreation and Federal Highway Administration grant for “non-motorized” recreational trails. The United States Department of Transportation’s Bicycle Transportation and Pedestrian Walkways provisions of Section 217 of Title 23, as amended by TEA-21, describes how Federal-aid funds may be used for bicycle and pedestrian projects and has clarified the permissibility of motorized wheelchair use on trails and pedestrian walkways that otherwise prohibit motorized use and also clarified the permissibility of electric bicycles on these facilities where State or local regulations permit. (See Attachment 4.) Finally, the Federal Highway Administration has stated, regarding use of “motorized vehicles,” that motorized wheelchairs are permitted and that state and local laws my permit e-bikes on trails and pedestrian walkways. (See 23 U.S. Code § 217 – Bicycle transportation and pedestrian walkways, section (h) “Use of Motorized Vehicles.”) Additionally, the Americans with Disabilities Act (“ADA”) requires that municipalities allow “power-driven mobility devices” on municipal facilities unless the municipality can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety 4 requirements that the public entity has adopted. Therefore, this section has been interpreted to require cities to allow persons with disabilities to use e-bikes on public pathways. With many studies finding that the baby boom generation will increase the number of people with age related disabilities, there will likely be an increase in the number of users of e-bikes for mobility related reasons. Moreover, e-bikes can expand the option of bicycling to more people by providing a new option for those who want to ride a bicycle but might not otherwise do so because of physical fitness, age, or convenience, especially at high altitude or in hilly or strenuous terrain. Also, when used as an alternative to gasoline or diesel-powered modes of transportation, e-bikes can reduce greenhouse gas emissions and fossil fuel consumption, improve air quality, and support active modes of transportation. Similar to traditional bicycles, e-bikes can decrease traffic congestion, reduce the demand for vehicle parking spaces, and increase the number and visibility of cyclists on the road. (Department of the Interior, National Park Service, RIN 1024–AE61 General Provisions; Electric Bicycles, Final Rule effective December 2, 2020.) Therefore, Ordinance 2021-09 removing the prohibition on e-bikes on City pathways will: 1. make the City’s regulations consistent with state law; 2. make the City’s regulations consistent with federal regulations; 3. make clear the City’s compliance with the ADA; 4. allow additional mobility and recreational uses; 5. encourage active transportation with an anticipated correlation in reduction of greenhouse gases, traffic congestion and demand for parking. Ordinance 2021-09 will not conflict with any grant funds previously received by the City for construction of pathways as state law and federal regulation make clear that e-bikes are excluded from the definition of motor vehicle and that e-bikes can be permitted on pathways by local regulation. The Moab Municipal Code is current through Ordinance 20-11, and legislation passed through June 9, 2020. Disclaimer: The City Recorder's Office has the official version of the Moab Municipal Code. Users should contact the City Recorder's Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: moabcity.org City Telephone: (435) 259-5121 Code Publishing Company 12.20.060 Restricted park uses. The following uses shall be restricted as follows: A. Motorized vehicles, as defined in this chapter, shall be prohibited in all public parks, unless the motorized vehicles are involved in a car show approved by council. B. Slacklining, as defined in this chapter, shall only be permitted in the following designated areas: 1. Swanny Park next to skate park on designated posts only (not to use trees as anchors). 2. Mill Creek Parkway next to the BMX park on designated posts only (not to use trees as anchors). (Ord. 16-12 (part), 2016) 12.20.060 Restricted park uses | Moab Municipal Code Page 1 of 1 The Moab Municipal Code is current through Ordinance 20-11, and legislation passed through June 9, 2020. The Moab Municipal Code is current through Ordinance 20-11, and legislation passed through June 9, 2020. Disclaimer: The City Recorder's Office has the official version of the Moab Municipal Code. Users should contact the City Recorder's Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: moabcity.org City Telephone: (435) 259-5121 Code Publishing Company 12.20.005 Definitions. “Mass gathering” means an outdoor assembly of one hundred or more people on city-owned property that reasonably can be expected to continue for two or more hours. “Motorized vehicle” means any motorized vehicle capable of, or designed for, travel on or immediately over land, water, paved pathways or other natural terrain. This includes motor assisted bicycles (electric, gas or diesel). “Public park” means and includes city-owned parks, public squares, ball diamonds, soccer fields, path systems and other recreation areas, but not designated smoking areas specified by the City. “Slacklining” means the act of walking or balancing along a suspended length of flat webbing fixed above ground that is tensioned between two anchors. Slacklining is similar to slack rope walking and tightrope walking. “Smoke” or “smoking” means and includes: Possession, carrying, or holding a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting or emitting or exhaling of smoke of a pipe, cigar, or cigarette of any kind, or of any other lighted smoking equipment. (Ord. 16-12 (part), 2016: Ord. 11-12, 2011) 12.20.005 Definitions | Moab Municipal Code Page 1 of 1 The Moab Municipal Code is current through Ordinance 20-11, and legislation passed through June 9, 2020. Agreement # 94 1864 RIVERWAY ENHANCEMENT PROGRAM UTAH DIVISION OF PARKS AND RECREATION FISCAL ASSISTANCE AGREEMENT THIS AGREEMENT, made and entered into this 15th day of September, 1993, between the Utah Division of Parks and Recreation, hereinafter referred to as the Division, and Moab City, qualifying under this agreement either as an agency or a political subdivision of the State of Utah and hereinafter referred to as the Participant. WHEREAS, the Division and the Participant desire to accomplish the Riverway Enhancement Project described in the project application, the funding to be provided from funds provided by the State of Utah and the Participant on a matching basis, it is now necessary for the Division and the Participant to execute this agreement for the completion of said project. PROJECT EXECUTION Total Project Cost (minimum) $80,000.00 Total Amount of State Funding $40,000.00 1. The Division will make payment of $20,000.00 to the Participant from funds appropriated by the Legislature upon receipt of documentation and certification that the Participant has made matching funds available for the approved project; that said project will be initiated within 180 calendar days; and that the project will be completed on or before December 31. 1994. This payment is 50% of the approved funding. The balance of $20.000.00 shall be paid to the Riverway Enhancement Program Fiscal Assistance Agreement Page 2 participant upon receipt of documentation of total project expenditures in a form satisfactory to the Division. State funds shall not exceed 50% of total project costs. 2. The Participant will use all monies received under this agreement for the execution of the project as described in the Riverway Enhancement Program application which is made part of this agreement. 3. The Participant shall comply with all applicable Federal and State Statutes and will be responsible for obtaining necessary permits and approvals prior to commencement of the project. 4. The Participant shall indemnify the State and its officers, agents, and employees against and hold the same free and harmless from any and all claims, demands, losses, costs, and/or expenses of liability due to, or arising out of, either in whole or in part, whether directly or indirectly, and relative to, the execution of this project subject to and in accordance with the provisions of the Utah Governmental Immunity Act and the Utah Public Employees Indemnification Act. 5. The Participant agrees that the project area acquired and/or developed pursuant to this agreement shall not be converted to other than public outdoor recreation use without written approval of the Director of the Division. 6. Management and maintenance of facilities acquired or developed pursuant to this agreement are the sole responsibility of the Participant; however, the Participant 94 1864 Riverway Enhancement Program Fiscal Assistance Agreement Page 3 shall maintain all facilities and property in a safe, usable, and attractive condition. TERMINATION 1. The Participant may, upon written notice to the Division unilaterally rescind this agreement prior to the commencement of the project upon refunding all monies received under this agreement. After project commencement, this agreement may be rescinded, modified, or amended only by mutual agreement. The project shall be deemed commenced when the Participant makes any expenditure or incurs any obligation with respect to the project. FINANCIAL RECORDS 1. The Participant shall conform to generally accepted accounting principles and shall maintain its fiscal accounts in a manner that provides an audit trail of payments under this agreement to a level of expenditure adequate to establish that such funds have not been used in violation of the restrictions and prohibitions of this part. 2. The Division, upon reasonable notice, shall have access to and the right to examine such books, documents, papers or records as the Division may reasonably require. FURTHER, the Participant shall diligently prosecute all phases and aspects of the subject project in a timely manner and shall in all respects comply with the terms, conditions, covenants and other obligations of this agreement. It is 94 1864 Riverway Enhancement Program Fiscal Assistance Agreement Page 4 understood and agreed that the Participant shall have the basic responsibility for all phases and aspects of the project, and that all phases of the project are subject to review and acceptance by the Division. IN WITNESS WHEREOF, the parties hereto have executed this agreement the year and day first above written: UTAH DIVISION OF PARKS AND RECREM!ION L' eQr7r By Name of Participant Direc(or horized Officerer ?;">' Ti of Signing Officer APPROVED AS TO AVAILABILITY OF FUNDS By Budget Officer APPROVED DIVISION OF FINANCE By Authorized Officer TEA-21 - Fact Sheet: Bicycle Transportation and Pedestrian Walkways https://www.fhwa.dot.gov/tea21/factsheets/b-ped.htm[4/19/2021 7:09:09 PM] TEA-21 - Transportation Equity Act for the 21st Century Moving Americans into the 21st Century Fact Sheet TEA-21 Home | DOT Home | Fact Sheet Index BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS Program Purpose The Bicycle Transportation and Pedestrian Walkways provisions of Section 217 of Title 23, as amended by TEA-21, describe how Federal-aid funds may be used for bicycle and pedestrian projects. These projects are broadly eligible for all of the major funding programs where they compete with other transportation projects for available funding at the State and MPO levels. Eligible Use of Funds Bicycle and pedestrian projects are eligible for NHS, STP (including Transportation Enhancements, and Sections 130 and 152), CMAQ, Federal Lands, Scenic Byways, and Recreational Trails funds. TEA-21 amends the eligibility of certain projects for Federal-aid funding including: National Highway System funds may now be used for pedestrian walkways. [1202(a)(1)] National Highway System funds for bicycle and pedestrian projects may now be used for projects within Interstate corridors. [1202(a)(2)] Expands eligible uses of STP safety setaside funds to include bicycle improvements. In addition, Hazard Elimination (part of the STP safety setaside) funds can now be used for pedestrian and bicyclist public pathways and trails and facilities; traffic calming projects are specifically mentioned as eligible activities. [1401] Program Features Provides additional information and guidance on a wide range of planning, policy and safety issues affecting bicycling and walking, including: Bicyclists and pedestrians shall be given due consideration in State and MPO long range transportation plans. [1202(a)(3)] Bicycle and pedestrian projects shall be considered, where appropriate, in conjunction with all new construction and reconstruction of transportation facilities, except where bicycle and pedestrian use is not permitted. [1202(a)(3)] Transportation plans and projects shall provide due consideration for safety and contiguous routes for bicyclists and pedestrians. [1202(a)(3)] Bicycle safety issues must now be addressed in carrying out railway-highway crossing hazard elimination projects under 23 USC Sections 130 and 152 [1202(d), 1401]. FHWA shall, within 18 months, develop guidance on the various approaches to accommodating bicycles and pedestrian travel, including making recommendations on amending and updating AASHTO design standards for streets and highways. [1202(b)] The Secretary shall not approve any project or take any regulatory action that will sever an existing major nonmotorized route or adversely affect the safety of nonmotorized traffic and light motorcycles, unless a reasonable alternate route exists or is established. [1202(c)] FHWA is authorized to develop a national bicycle safety education curriculum. [1202(e)] Definitions [1202(a)(7)] Clarifies the permissibility of motorized wheelchair use on trails and pedestrian walkways that otherwise prohibit motorized use and also permits the use of electric bicycles on these facilities where State or local regulations permit. Electric bicycles are defined as any bicycle or tricycle with a low-powered electric motor weighing under 100 pounds, with a top motor- powered speed of 20 miles per hour. TEA-21 - Fact Sheet: Bicycle Transportation and Pedestrian Walkways https://www.fhwa.dot.gov/tea21/factsheets/b-ped.htm[4/19/2021 7:09:09 PM] September 14, 1998 TEA-21 Home | DOT Home | Fact Sheet Index United States Department of Transportation 1 CITY OF MOAB, UTAH ORDINANCE NO. 2021-09 TEXT AMENDMENTS TO MOAB MUNICIPAL CODE §12.20.005 MODIFYING THE DEFINITION OF MOTORIZED VEHICLE AND ADDING A DEFINITION FOR E-BIKES WHEREAS, Moab Municipal Code §12.20.005 defines “Motorized vehicle” as “any motorized vehicle capable of, or designed for, travel on or immediately over land, water, paved pathways or other natural terrain. This includes motor assisted bicycles (electric, gas or diesel);” WHEREAS, Moab Municipal Code §12.20.005 defines “Public park” as “city-owned parks, public squares, ball diamonds, soccer fields, path systems and other recreation areas, but not designated smoking areas specified by the City;” WHEREAS, Moab Municipal Code §12.20.060 prohibits motorized vehicles in public parks and specifically states: “Motorized vehicles, as defined in this chapter, shall be prohibited in all public parks, unless the motorized vehicles are involved in a car show approved by council;” WHEREAS, the above combined Municipal Code sections currently create a prohibition on electric bicycles (“e-bikes”) on pathways within City limits; WHEREAS, an e-bike is a bicycle with a small electric motor that provides power to help move the bicycle; WHEREAS, the United States Department of the Interior, National Park Service defines e-bikes as follows: “E-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of not more than 750 watts that meets the requirements of one of the following three classes: A. “Class 1 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. 2 B. “Class 2 electric bicycle” shall mean an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. C. “Class 3 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. (36 Code of Federal Regulations (“CFR”), Chapter I, Part 1, §1.4.) WHEREAS, this definition is consistent with the definition of ‘‘electric assisted bicycle’’ in Utah Code Annotated §41-6a-102 (17); WHEREAS, e-bikes have an electric motor yet are operable in a similar manner to traditional bicycles and in many cases appear indistinguishable from them. (Secretary of the Interior Bernhardt’s Secretary’s Order 3376, “Increasing Recreational Opportunities through the use of Electric Bikes,” August 29, 2019.); WHEREAS, state law (Utah Code Annotated §41-6a-102) excludes e-bikes from the definition of “motor vehicle” and defines “motor vehicle” as follows: (a) "Motor vehicle" means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. (b) "Motor vehicle" does not include: (i) vehicles moved solely by human power; (ii) motorized wheelchairs; (iii) an electric personal assistive mobility device; (iv) an electric assisted bicycle; (v) a motor assisted scooter . . .; WHEREAS, Moab Municipal Code §10.04.010 adopts state law as the City’s traffic code unless otherwise specified and specifically states that: “All of Chapter 41, Title 31, and all of Chapters 1, 2, 6, 7, 8, 21, 22, and 24 of Title 41, 3 Utah Code Annotated, as amended by the 1983 Utah State Legislature, particularly by Senate Bill 7 and House Bills 142, 143 and 146, together with all amendments and additions that may hereafter be made, are enacted approved and adopted as a part of this section to form the traffic code for this municipality, except as hereinafter specified, and by this reference are made a part of this chapter to the same extent and effect as though such code were copied herein in full. Three copies of the laws adopted by reference shall be filed for use and examination in the office of the City Recorder. (Ord. 83-03 § 2, 1983: prior code § 14-1);” WHEREAS, the foregoing Moab Municipal Code and state law definitions of “motor vehicle” are in conflict with regard to e-bikes; WHEREAS, the Americans with Disabilities Act (“ADA”) is a Federal civil rights law that prohibits discrimination against people with disabilities. Under this law, people with disabilities are entitled to all of the rights, privileges, advantages, and opportunities that others have when participating in civic activities. (U.S. Department of Justice, Civil Rights Division, Disability Rights Section, Americans with Disabilities Act ADA Update: A Primer for State and Local Governments.) WHEREAS, the ADA requires that municipalities allow power-driven mobility devices on municipal facilities unless the municipality can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements that the public entity has adopted. The ADA at 28 CFR §35.137 “Mobility devices” states: (1) Use of other power-driven mobility devices. A public entity shall make reasonable modifications in its policies, practices, or procedures to permit the use of other power-driven mobility devices by individuals with mobility disabilities, unless the public entity can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements that the public entity has adopted pursuant to §35.130(h). (2) Assessment factors. In determining whether a particular other power-driven mobility device can be allowed in a specific facility as a 4 reasonable modification under paragraph (b)(1) of this section, a public entity shall consider— (i) The type, size, weight, dimensions, and speed of the device; (ii) The facility's volume of pedestrian traffic (which may vary at different times of the day, week, month, or year); (iii) The facility's design and operational characteristics (e.g., whether its service, program, or activity is conducted indoors, its square footage, the density and placement of stationary devices, and the availability of storage for the device, if requested by the user); (iv) Whether legitimate safety requirements can be established to permit the safe operation of the other power-driven mobility device in the specific facility; and (v) Whether the use of the other power-driven mobility device creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or poses a conflict with Federal land management laws and regulations. WHEREAS, the term “other power-driven mobility devices” is used in the ADA regulations to refer to any mobility device powered by batteries, fuel, or other engines, whether or not they are designed primarily for use by individuals with mobility disabilities for the purpose of locomotion. (U.S. Department of Justice, Civil Rights Division, Disability Rights Section, Americans with Disabilities Act ADA Update: A Primer for State and Local Governments.) WHEREAS, public entities must allow individuals with disabilities who use these devices into all areas where the public is allowed to go, unless the entity can demonstrate that the particular type of device cannot be accommodated because of legitimate safety requirements. Such safety requirements must be based on actual risks, not on speculation or stereotypes about a particular class of devices or how individuals will operate them. (U.S. Department of Justice, Civil Rights Division, Disability Rights Section, Americans with Disabilities Act ADA Update: A Primer for State and Local Governments.) 5 WHEREAS, more than 55 million Americans (18% of the population) have disabilities and participate in a variety of programs, services, and activities provided by local governments. This includes many people who became disabled while serving in the military. By the year 2030, approximately 71.5 million baby boomers will be over age 65 and will need services and surroundings that meet their age-related physical needs. (U.S. Department of Justice, Civil Rights Division, Disability Rights Section, Americans with Disabilities Act ADA Update: A Primer for State and Local Governments.) WHEREAS, e-bikes allow persons with physical disabilities to enjoy bicycling as a recreational activity and as a means of mobility and transportation; WHEREAS, the City of Moab desires to decrease traffic congestion by encouraging active transportation; WHEREAS, active transportation is any self-propelled, or human-powered mode of transportation, such as walking or bicycling; WHEREAS, physical inactivity is a major contributor to the steady rise in rates of obesity, diabetes, heart disease, stroke, and other chronic health conditions in the United States. (Centers for Disease Control and Prevention, “Healthy Places.”); WHEREAS, e-bikes make bicycle travel easier and more efficient because they allow bicyclists to travel farther with less effort. E-bikes can expand the option of bicycling to more people by providing a new option for those who want to ride a bicycle but might not otherwise do so because of physical fitness, age, or convenience, especially at high altitude or in hilly or strenuous terrain. Also, when used as an alternative to gasoline or diesel-powered modes of transportation, e-bikes can reduce greenhouse gas emissions and fossil fuel consumption, improve air quality, and support active modes of transportation. Similar to traditional bicycles, e-bikes can decrease traffic congestion, reduce the demand for vehicle parking spaces, and increase the number and visibility of cyclists on the road. (Department of the Interior, National Park Service, RIN 1024–AE61, General Provisions; Electric Bicycles, Final Rule effective December 2, 2020.) 6 WHEREAS, the Federal Highway Administration, in the Bicycle Transportation and Pedestrian Walkways provisions of Section 217 of Title 23, as amended by TEA-21, describes how Federal-aid funds may be used for bicycle and pedestrian projects and has clarified the permissibility of motorized wheelchair use on trails and pedestrian walkways that otherwise prohibit motorized use and also clarifies the permitted use of electric bicycles on these facilities where State or local regulations permit. NOW, THEREFORE BE IT ORDAINED by the Moab City Council that the following text amendments be made to the Moab Municipal Code: 1. In Moab Municipal Code §12.20.005, for the definition of “Motorized vehicle” delete the sentence at the end of the paragraph which states: “This includes motor assisted bicycles (electric, gas or diesel).” 2. In Moab Municipal Code §12.20.005, for the definition of “Motorized vehicle” insert a sentence at the end of the paragraph which states: “Motorized vehicle” does not include: (i) vehicles moved solely by human power; (ii) motorized wheelchairs; (iii) an electric personal assistive mobility device; (iv) an electric assisted bicycle or cycle; (v) a motor assisted scooter. 3. In Moab Municipal Code §12.20.005, insert the following definition: “E-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of not more than 750 watts that meets the requirements of one of the following three classes: A. “Class 1 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. B. “Class 2 electric bicycle” shall mean an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. 7 C. “Class 3 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. This Ordinance shall take effect upon passage. PASSED by the City Council in a public meeting on _____________________________. _________________________ Emily Niehaus, Mayor ATTEST: ______________________________ Sommar Johnson, Clerk/Recorder Moab City Council Agenda Item Meeting Date: April 27, 2021 Title: Discussion Regarding Bird Scooter’s Proposal to Enter into a Temporary Operating Agreement with the City for a Pilot Program Date Submitted: April 22, 2021 Staff Presenter: Carly Castle, Deputy City Manager Attachment(s): o Moab + Bird Presentation o Bird Intro o SB 139—Motor Assisted Transportation Amendments (2019 General Session) Options: Discussion and possible action Recommended Motion: N/A Background/Summary: Shared mobility device companies, such as Bird Scooters, have been operating in Utah since at least 2018. Early operators did not necessarily obtain licenses or work with municipal administrations before deploying their rentable mobility devices, but these companies have more recently worked to develop temporary operating agreements with the jurisdictions in which they wish to provide their services. In 2019, the Utah Legislature passed SB 139, which addresses a municipality’s ability to regulate motor assisted vehicles, including motor-assisted scooters. The bill prohibits cities from “impos[ing] any unduly restrictive requirement” on scooter companies or users of scooter rentals. The bill also prohibits cities from regulating rental scooter riders more restrictively than bicycle riders. Insurance requirements for these companies are also outlined in SB 139. Bird Scooters has approached the City of Moab about entering into a temporary operating agreement, which will permit the company to launch a pilot program consisting of approximately 75 scooters in the City. If staff receives affirmative direction from the Council to pursue this pilot project, the Administration will begin negotiating the agreement with Bird Scooters. The devices that would be deployed in Moab will be “dockless,” meaning they can be made available without the need for built infrastructure to secure or collect them in one place. Bird Scooters would contract with a local “Fleet Manager” who is responsible for the Moab fleet, including being responsible for charging, repairs, and various performance tasks. Policy Questions: The goal of this briefing is to obtain Council feedback on terms that may be included in a temporary operating agreement. Staff will provide a presentation on the proposed scope of Bird Scooter’s proposal during the City Council meeting on April 27, with the intent of fleshing out the policy questions below: 1. What enforcement and education options would be appropriate for the City to explore? Specifically, how will enforcement occur against riders using scooters in ways that do not comport with the City’s regulations or the Company’s current operating agreements? 2. What safety features should be featured on these devices? 3. What speed limits should be imposed? 4. Is the City interested in limiting Bird Scooter’s geographic scope? 5. What factors would the Council like to see included in the City’s assessment of fees to shared mobility device companies operating in the city? Note that SB 139 provides that “the total amount of the fees collected can’t exceed the reasonable and necessary cost to the local authority of administering scooter-share programs, including a reasonable fee for the use of the right-of-way, commensurate and proportional to fees charged for similar uses.” 6. What measures can be taken to protect pedestrian environments like sidewalks, parkways, and Main Street? 1 Hello, Moab 2 0 2 1 2 What is Bird? Dockless electric micro-mobility vehicle sharing company. Our mission is make cities more livable and bring communities together by providing an affordable, environmentally-friendly transit alternative. Confidential and proprietary information Reduce congestion and over-reliance on cars Improve air quality and reduce GHG emissions Improve the overall quality of life in cities Solve last-mile problem and connect more residents to transit options 3 How It Started ●Founded in 2017 Bird saw instant success and popularity. ●Over 10 Million rides within the first year. ●Fastest company to reach 1B valuation. ●Currently live in 150 cities globally. ●Quickly learned what to do and what not to do. 4 How it works New riders must download the Bird app, sign our user agreement, verify their age (18+), add a credit card, and go through educational tutorials. Confidential and proprietary information 5 The Dockless Model Riders follow local rules (like a bicyclist would). Allows riders to have ultimate flexibility and ride anywhere within the designated ‘operating zone’. Follow prompts on the app and park in the ‘furniture zone’ out of the way of pedestrians and ensuring ADA compliance. Vehicle waits for next rider or is moved by the ‘Fleet Manager’ 6 3.1 Slow zone When riders enter a planned slow zone (e.g. a crowded area) they are notified by a vehicle sound and in-app notification before their vehicles safely reduce speed. 3.2 No-ride zone When riders enter a designated no-ride zone, vehicles will safely slow to a complete stop. Riders are notified by a vehicle sound and an in-app notification. Slow Zone No Ride Zone 4.1 Parking zones Bird can create designated parking zones within the app. If riders are not within a set zone they’ll be directed to a nearby area where parking is permitted. 4.2 Photo Proof At the end of the ride, all riders are required to verify their vehicle is upright and parked properly. Parking Zone End of Ride Photo Equitable Pricing Options Standard Pricing $1+ a per minute fee. Averaging ~$5 a ride. Community Discount program available to veterans, senior citizens, healthcare workers, students with grants, and select community groups. Bird Access Discount program available to low-income riders for those who are enrolled or eligible for a government assistance program. 9Confidential and proprietary information 10 Braking Drum Brake + Regenerative Brake Lights Front/Rear LEDs Weight 44.66 lbs. Speed 15MPH Range 30 Miles (2 days on a full charge) Confidential and proprietary information The Vehicle 11 Technology Parking Management Bird offers a comprehensive suite of parking tools that bridges the gap between technology and infrastructure by both directing and incentivizing riders to park in city-designated areas. Geo-fencing and Geo-Speed Control where and how the vehicles are used Helmet Selfie An industry-first feature that promotes safety and encourages riders to wear a helmet. World class innovative solutions designed for cities Contract with a local who is responsible for the assigned fleet including charging, repairs, and various performance tasks. Deep community ties, and local pride/knowledge Fast issue resolution Economic Opportunity No abandoned scooters Aligned incentives I like being my own boss, the flexibility of setting my own schedule and being able to hire my nephew because he also needed a job. - Mark, Azbri Productions, Nashville Confidential and proprietary information Fleet Manager 12 “ ” Local Touch: The winning combination: World-class technology & compliance tools Operational know-how Industry’s Safest Vehicles Zero startup cost to Fleet Manager or City! Back by the Industry Leader: In-app tutorials and notifications remind and teach riders how and where to park. Bird requires the user to take a picture of where they parked. Frequent banners and instructions. Give a reward when users park correctly. Harnessing the power of our data for smart city planning and operations Bird’s future relies on properly integrating dockless micromobility into our society Addressing Clutter Concerns Leverage Data Discounts & Rewards Nudge Desired Behaviors Educate Riders Stencil a parking zone as a visual marker for riders. Make Space 13 # of Vehicles: 75 Fleet Managers: 1 Key staging areas: “Downtown” corridor, Hotels/Inns, Parks, etc. Prohibited Areas: TBD Launch Date: ASAP Confidential and proprietary information Moab Proposal 14 Thank you Clean, equitable, transportation options Safest vehicles with advanced detection
 Smart technologies to eliminate concerns Find Birds on the map Scan QR to begin ride Watch safety tutorial Enjoy the ride How Bird Partners with Local Communities Bird works closely with local government agencies to bring convenient, sustainable transit to communities with stand-up electric scooters, which can be rented for short trips using the Bird Mobile App. Our mission is to get people out of cars, reduce traffic and bring communities together by providing an affordable, environmentally-friendly transit alternative. How it works Cities who partner with Bird benefit from our 
 Industry-leading approach: Opportunities for local entrepreneurs
 Hyperlocal 
 operations Through the Bird smartphone app, riders can see the closest Bird scooter on a map, unlock it, complete the safety tutorial and ride directly to their desired destination. It costs $1 to start, then a per minute fee. How Bird Partners with Local Communities 1 2 3 4  We re a relationship-based city and Bird works with us to understand our unique needs and challenges. With any new technology, we anticipate a steep learning curve. Bird stands out by being responsive, responsible and respectful of our community. Virginia Korte( Council Member, Scottsdale  The Rider Incentives and your fleet managers on the ground seem to be doing a good job managing the devices, fleet rebalancing, and overall user parking performance. Keep up the great work and thank you for the partnership! Alyssa Muto( Deputy Director of Environment & Mobility Planning, San Diego How Bird Partners with Local Communities What Cities Are Saying THE BIRD LOCAL ADVANTAGE: By Locals, For Locals When Bird comes to town, we work with a local entrepreneur from the community to manage the fleet on the ground. They make money on every ride taken on the scooters that they manage. We provide the tools, operational experience and technology to help them be successful; and they provide the local pride, knowledge and expertise to cater the program to the community. Enrolled Copy S.B. 139 1 MOTOR ASSISTED TRANSPORTATION AMENDMENTS 2 2019 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Kirk A. Cullimore 5 House Sponsor: Adam Robertson 6 7 LONG TITLE 8 General Description: 9 This bill addresses motor assisted transportation. 10 Highlighted Provisions: 11 This bill: 12 <addresses definitions, including the definition of low-speed vehicle; 13 <prohibits certain activities with regard to an alcohol product and a motor assisted 14 scooter; 15 <clarifies that a motor assisted scooter is a vulnerable user of a highway; 16 <provides that a motor assisted scooter is subject to provisions for a bicycle, and not 17 a moped or a motor-driven cycle; 18 <addresses operation of a motor assisted scooter; 19 <exempts motor assisted scooters with respect to certain equipment required on 20 vehicles; 21 <addresses scooter-share programs; 22 <addresses local ordinances regulating motor assisted scooters; and 23 <makes technical and conforming amendments. 24 Money Appropriated in this Bill: 25 None 26 Other Special Clauses: 27 None 28 Utah Code Sections Affected: S.B. 139 Enrolled Copy - 2 - 29 AMENDS: 30 41-1a-102, as last amended by Laws of Utah 2018, Chapters 166 and 424 31 41-6a-102, as last amended by Laws of Utah 2018, Chapters 166 and 205 32 41-6a-526, as last amended by Laws of Utah 2018, Chapter 175 33 41-6a-706.5, as last amended by Laws of Utah 2015, Chapter 412 34 41-6a-1115, as last amended by Laws of Utah 2015, Chapter 412 35 41-6a-1601, as last amended by Laws of Utah 2017, Chapter 149 36 41-6a-1702, as renumbered and amended by Laws of Utah 2005, Chapter 2 37 79-5-102, as last amended by Laws of Utah 2016, Chapter 173 38 ENACTS: 39 41-6a-1115.1, Utah Code Annotated 1953 40 41 Be it enacted by the Legislature of the state of Utah: 42 Section 1. Section 41-1a-102 is amended to read: 43 41-1a-102. Definitions. 44 As used in this chapter: 45 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation. 46 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of 47 vehicles as operated and certified to by a weighmaster. 48 (3) "All-terrain type I vehicle" means the same as that term is defined in Section 49 41-22-2. 50 (4) "All-terrain type II vehicle" means the same as that term is defined in Section 51 41-22-2. 52 (5) "All-terrain type III vehicle" means the same as that term is defined in Section 53 41-22-2. 54 (6) "Alternative fuel vehicle" means: 55 (a) an electric motor vehicle; Enrolled Copy S.B. 139 - 3 - 56 (b) a hybrid electric motor vehicle; 57 (c) a plug-in hybrid electric motor vehicle; or 58 (d) a motor vehicle powered by a fuel other than: 59 (i) motor fuel; 60 (ii) diesel fuel; 61 (iii) natural gas; or 62 (iv) propane. 63 (7) "Amateur radio operator" means [any] a person licensed by the Federal 64 Communications Commission to engage in private and experimental two-way radio operation 65 on the amateur band radio frequencies. 66 (8) "Autocycle" means the same as that term is defined in Section 53-3-102. 67 (9) "Branded title" means a title certificate that is labeled: 68 (a) rebuilt and restored to operation; 69 (b) flooded and restored to operation; or 70 (c) not restored to operation. 71 (10) "Camper" means [any] a structure designed, used, and maintained primarily to be 72 mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a 73 mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for 74 camping. 75 (11) "Certificate of title" means a document issued by a jurisdiction to establish a 76 record of ownership between an identified owner and the described vehicle, vessel, or outboard 77 motor. 78 (12) "Certified scale weigh ticket" means a weigh ticket that has been issued by a 79 weighmaster. 80 (13) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or 81 maintained for the transportation of persons or property that operates: 82 (a) as a carrier for hire, compensation, or profit; or S.B. 139 Enrolled Copy - 4 - 83 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the 84 owner's commercial enterprise. 85 (14) "Commission" means the State Tax Commission. 86 (15) "Consumer price index" means the same as that term is defined in Section 87 59-13-102. 88 (16) "Dealer" means a person engaged or licensed to engage in the business of buying, 89 selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on 90 conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established 91 place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. 92 (17) "Diesel fuel" means the same as that term is defined in Section 59-13-102. 93 (18) "Division" means the Motor Vehicle Division of the commission, created in 94 Section 41-1a-106. 95 (19) "Electric motor vehicle" means a motor vehicle that is powered solely by an 96 electric motor drawing current from a rechargeable energy storage system. 97 (20) "Essential parts" means [all] the integral and body parts of a vehicle of a type 98 required to be registered in this state, the removal, alteration, or substitution of which would 99 tend to conceal the identity of the vehicle or substantially alter [its] the vehicle's appearance, 100 model, type, or mode of operation. 101 (21) "Farm tractor" means [every] a motor vehicle designed and used primarily as a 102 farm implement for drawing plows, mowing machines, and other implements of husbandry. 103 (22) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for 104 the owner's or operator's own use in the transportation of: 105 (i) farm products, including livestock and its products, poultry and its products, 106 floricultural and horticultural products; 107 (ii) farm supplies, including tile, fence, and [every] any other thing or commodity used 108 in agricultural, floricultural, horticultural, livestock, and poultry production; and 109 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or Enrolled Copy S.B. 139 - 5 - 110 other purposes connected with the operation of a farm. 111 (b) "Farm truck" does not include the operation of trucks by commercial processors of 112 agricultural products. 113 (23) "Fleet" means one or more commercial vehicles. 114 (24) "Foreign vehicle" means a vehicle of a type required to be registered, brought into 115 this state from another state, territory, or country other than in the ordinary course of business 116 by or through a manufacturer or dealer, and not registered in this state. 117 (25) "Gross laden weight" means the actual weight of a vehicle or combination of 118 vehicles, equipped for operation, to which shall be added the maximum load to be carried. 119 (26) "Highway" or "street" means the entire width between property lines of every way 120 or place of whatever nature when any part of it is open to the public, as a matter of right, for 121 purposes of vehicular traffic. 122 (27) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion 123 energy from onboard sources of stored energy that are both: 124 (a) an internal combustion engine or heat engine using consumable fuel; and 125 (b) a rechargeable energy storage system where energy for the storage system comes 126 solely from sources onboard the vehicle. 127 (28) (a) "Identification number" means the identifying number assigned by the 128 manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard 129 motor. 130 (b) "Identification number" includes a vehicle identification number, state assigned 131 identification number, hull identification number, and motor serial number. 132 (29) "Implement of husbandry" means [every] a vehicle designed or adapted and used 133 exclusively for an agricultural operation and only incidentally operated or moved upon the 134 highways. 135 (30) (a) "In-state miles" means the total number of miles operated in this state during 136 the preceding year by fleet power units. S.B. 139 Enrolled Copy - 6 - 137 (b) If [fleets are] a fleet is composed entirely of trailers or semitrailers, "in-state miles" 138 means the total number of miles that those vehicles were towed on Utah highways during the 139 preceding year. 140 (31) "Interstate vehicle" means [any] a commercial vehicle operated in more than one 141 state, province, territory, or possession of the United States or foreign country. 142 (32) "Jurisdiction" means a state, district, province, political subdivision, territory, or 143 possession of the United States or any foreign country. 144 (33) "Lienholder" means a person with a security interest in particular property. 145 (34) "Manufactured home" means a transportable factory built housing unit constructed 146 on or after June 15, 1976, according to the Federal Home Construction and Safety Standards 147 Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body 148 feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more 149 square feet, and which is built on a permanent chassis and designed to be used as a dwelling 150 with or without a permanent foundation when connected to the required utilities, and includes 151 the plumbing, heating, air-conditioning, and electrical systems. 152 (35) "Manufacturer" means a person engaged in the business of constructing, 153 manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or 154 outboard motors for the purpose of sale or trade. 155 (36) "Mobile home" means a transportable factory built housing unit built prior to June 156 15, 1976, in accordance with a state mobile home code which existed prior to the Federal 157 Manufactured Housing and Safety Standards Act (HUD Code). 158 (37) "Motor fuel" means the same as that term is defined in Section 59-13-102. 159 (38) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and 160 operation on the highways. 161 (b) "Motor vehicle" does not include: 162 (i) an off-highway vehicle[.]; or 163 (ii) a motor assisted scooter as defined in Section 41-6a-102. Enrolled Copy S.B. 139 - 7 - 164 (39) "Motorboat" means the same as that term is defined in Section 73-18-2. 165 (40) "Motorcycle" means: 166 (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not 167 more than three wheels in contact with the ground; or 168 (b) an autocycle. 169 (41) "Natural gas" means a fuel of which the primary constituent is methane. 170 (42) (a) "Nonresident" means a person who is not a resident of this state as defined by 171 Section 41-1a-202, and who does not engage in intrastate business within this state and does 172 not operate in that business any motor vehicle, trailer, or semitrailer within this state. 173 (b) A person who engages in intrastate business within this state and operates in that 174 business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in 175 interstate commerce, maintains [any] a vehicle in this state as the home station of that vehicle 176 is considered a resident of this state, insofar as that vehicle is concerned in administering this 177 chapter. 178 (43) "Odometer" means a device for measuring and recording the actual distance a 179 vehicle travels while in operation, but does not include any auxiliary odometer designed to be 180 periodically reset. 181 (44) "Off-highway implement of husbandry" means the same as that term is defined in 182 Section 41-22-2. 183 (45) "Off-highway vehicle" means the same as that term is defined in Section 41-22-2. 184 (46) "Operate" means to drive or be in actual physical control of a vehicle or to 185 navigate a vessel. 186 (47) "Outboard motor" means a detachable self-contained propulsion unit, excluding 187 fuel supply, used to propel a vessel. 188 (48) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle, 189 vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a 190 security interest. S.B. 139 Enrolled Copy - 8 - 191 (b) If a vehicle is the subject of an agreement for the conditional sale or installment 192 sale or mortgage of the vehicle with the right of purchase upon performance of the conditions 193 stated in the agreement and with an immediate right of possession vested in the conditional 194 vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the 195 conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this 196 chapter. 197 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the 198 owner until the lessee exercises the lessee's option to purchase the vehicle. 199 (49) "Park model recreational vehicle" means a unit that: 200 (a) is designed and marketed as temporary living quarters for recreational, camping, 201 travel, or seasonal use; 202 (b) is not permanently affixed to real property for use as a permanent dwelling; 203 (c) requires a special highway movement permit for transit; and 204 (d) is built on a single chassis mounted on wheels with a gross trailer area not 205 exceeding 400 square feet in the setup mode. 206 (50) "Personalized license plate" means a license plate that has displayed on it a 207 combination of letters, numbers, or both as requested by the owner of the vehicle and assigned 208 to the vehicle by the division. 209 (51) (a) "Pickup truck" means a two-axle motor vehicle with motive power 210 manufactured, remanufactured, or materially altered to provide an open cargo area. 211 (b) "Pickup truck" includes a motor [vehicles] vehicle with the open cargo area covered 212 with a camper, camper shell, tarp, removable top, or similar structure. 213 (52) "Plug-in hybrid electric motor vehicle" means a hybrid electric motor vehicle that 214 has the capability to charge the battery or batteries used for vehicle propulsion from an 215 off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle 216 while the vehicle is in motion. 217 (53) "Pneumatic tire" means [every] a tire in which compressed air is designed to Enrolled Copy S.B. 139 - 9 - 218 support the load. 219 (54) "Preceding year" means a period of 12 consecutive months fixed by the division 220 that is within 16 months immediately preceding the commencement of the registration or 221 license year in which proportional registration is sought. The division in fixing the period shall 222 conform it to the terms, conditions, and requirements of any applicable agreement or 223 arrangement for the proportional registration of vehicles. 224 (55) "Public garage" means [every] a building or other place where vehicles or vessels 225 are kept and stored and where a charge is made for the storage and keeping of vehicles and 226 vessels. 227 (56) "Receipt of surrender of ownership documents" means the receipt of surrender of 228 ownership documents described in Section 41-1a-503. 229 (57) "Reconstructed vehicle" means [every] a vehicle of a type required to be registered 230 in this state that is materially altered from its original construction by the removal, addition, or 231 substitution of essential parts, new or used. 232 (58) "Recreational vehicle" means the same as that term is defined in Section 233 13-14-102. 234 (59) "Registration" means a document issued by a jurisdiction that allows operation of 235 a vehicle or vessel on the highways or waters of this state for the time period for which the 236 registration is valid and that is evidence of compliance with the registration requirements of the 237 jurisdiction. 238 (60) (a) "Registration year" means a 12 consecutive month period commencing with 239 the completion of [all] the applicable registration criteria. 240 (b) For administration of a multistate agreement for proportional registration the 241 division may prescribe a different 12-month period. 242 (61) "Repair or replacement" means the restoration of vehicles, vessels, or outboard 243 motors to a sound working condition by substituting any inoperative part of the vehicle, vessel, 244 or outboard motor, or by correcting the inoperative part. S.B. 139 Enrolled Copy - 10 - 245 (62) "Replica vehicle" means: 246 (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or 247 (b) a custom vehicle that meets the requirements under Subsection 248 41-6a-1507(1)(a)(i)(B). 249 (63) "Road tractor" means [every] a motor vehicle designed and used for drawing other 250 vehicles and constructed so it does not carry any load either independently or any part of the 251 weight of a vehicle or load that is drawn. 252 (64) "Sailboat" means the same as that term is defined in Section 73-18-2. 253 (65) "Security interest" means an interest that is reserved or created by a security 254 agreement to secure the payment or performance of an obligation and that is valid against third 255 parties. 256 (66) "Semitrailer" means [every] a vehicle without motive power designed for carrying 257 persons or property and for being drawn by a motor vehicle and constructed so that some part 258 of its weight and its load rests or is carried by another vehicle. 259 (67) "Special group license plate" means a type of license plate designed for a 260 particular group of people or a license plate authorized and issued by the division in accordance 261 with Section 41-1a-418. 262 (68) (a) "Special interest vehicle" means a vehicle used for general transportation 263 purposes and that is: 264 (i) 20 years or older from the current year; or 265 (ii) a make or model of motor vehicle recognized by the division director as having 266 unique interest or historic value. 267 (b) In making a determination under Subsection (68)(a), the division director shall give 268 special consideration to: 269 (i) a make of motor vehicle that is no longer manufactured; 270 (ii) a make or model of motor vehicle produced in limited or token quantities; 271 (iii) a make or model of motor vehicle produced as an experimental vehicle or one Enrolled Copy S.B. 139 - 11 - 272 designed exclusively for educational purposes or museum display; or 273 (iv) a motor vehicle of any age or make that has not been substantially altered or 274 modified from original specifications of the manufacturer and because of its significance is 275 being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a 276 leisure pursuit. 277 (69) (a) "Special mobile equipment" means [every] a vehicle: 278 (i) not designed or used primarily for the transportation of persons or property; 279 (ii) not designed to operate in traffic; and 280 (iii) only incidentally operated or moved over the highways. 281 (b) "Special mobile equipment" includes: 282 (i) farm tractors; 283 (ii) off-road motorized construction or maintenance equipment including backhoes, 284 bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and 285 (iii) ditch-digging apparatus. 286 (c) "Special mobile equipment" does not include a commercial vehicle as defined 287 under Section 72-9-102. 288 (70) "Specially constructed vehicle" means [every] a vehicle of a type required to be 289 registered in this state, not originally constructed under a distinctive name, make, model, or 290 type by a generally recognized manufacturer of vehicles, and not materially altered from its 291 original construction. 292 (71) "Title" means the right to or ownership of a vehicle, vessel, or outboard motor. 293 (72) (a) "Total fleet miles" means the total number of miles operated in all jurisdictions 294 during the preceding year by power units. 295 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means 296 the number of miles that those vehicles were towed on the highways of all jurisdictions during 297 the preceding year. 298 (73) "Trailer" means a vehicle without motive power designed for carrying persons or S.B. 139 Enrolled Copy - 12 - 299 property and for being drawn by a motor vehicle and constructed so that no part of its weight 300 rests upon the towing vehicle. 301 (74) "Transferee" means a person to whom the ownership of property is conveyed by 302 sale, gift, or any other means except by the creation of a security interest. 303 (75) "Transferor" means a person who transfers the person's ownership in property by 304 sale, gift, or any other means except by creation of a security interest. 305 (76) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable vehicle 306 without motive power, designed as a temporary dwelling for travel, recreational, or vacation 307 use that does not require a special highway movement permit when drawn by a self-propelled 308 motor vehicle. 309 (77) "Truck tractor" means a motor vehicle designed and used primarily for drawing 310 other vehicles and not constructed to carry a load other than a part of the weight of the vehicle 311 and load that is drawn. 312 (78) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle, 313 camper, park model recreational vehicle, manufactured home, and mobile home. 314 (79) "Vessel" means the same as that term is defined in Section 73-18-2. 315 (80) "Vintage vehicle" means the same as that term is defined in Section 41-21-1. 316 (81) "Waters of this state" means the same as that term is defined in Section 73-18-2. 317 (82) "Weighmaster" means a person, association of persons, or corporation permitted 318 to weigh vehicles under this chapter. 319 Section 2. Section 41-6a-102 is amended to read: 320 41-6a-102. Definitions. 321 As used in this chapter: 322 (1) "Alley" means a street or highway intended to provide access to the rear or side of 323 lots or buildings in urban districts and not intended for through vehicular traffic. 324 (2) "All-terrain type I vehicle" means the same as that term is defined in Section 325 41-22-2. Enrolled Copy S.B. 139 - 13 - 326 (3) "Authorized emergency vehicle" includes: 327 (a) fire department vehicles; 328 (b) police vehicles; 329 (c) ambulances; and 330 (d) other publicly or privately owned vehicles as designated by the commissioner of the 331 Department of Public Safety. 332 (4) "Autocycle" means the same as that term is defined in Section 53-3-102. 333 (5) (a) "Bicycle" means a wheeled vehicle: 334 (i) propelled by human power by feet or hands acting upon pedals or cranks; 335 (ii) with a seat or saddle designed for the use of the operator; 336 (iii) designed to be operated on the ground; and 337 (iv) whose wheels are not less than 14 inches in diameter. 338 (b) "Bicycle" includes an electric assisted bicycle. 339 (c) "Bicycle" does not include scooters and similar devices. 340 (6) (a) "Bus" means a motor vehicle: 341 (i) designed for carrying more than 15 passengers and used for the transportation of 342 persons; or 343 (ii) designed and used for the transportation of persons for compensation. 344 (b) "Bus" does not include a taxicab. 345 (7) (a) "Circular intersection" means an intersection that has an island, generally 346 circular in design, located in the center of the intersection where traffic passes to the right of 347 the island. 348 (b) "Circular intersection" includes: 349 (i) roundabouts; 350 (ii) rotaries; and 351 (iii) traffic circles. 352 (8) "Class 1 electric assisted bicycle" means an electric assisted bicycle described in S.B. 139 Enrolled Copy - 14 - 353 Subsection (17)(d)(i). 354 (9) "Class 2 electric assisted bicycle" means an electric assisted bicycle described in 355 Subsection (17)(d)(ii). 356 (10) "Class 3 electric assisted bicycle" means an electric assisted bicycle described in 357 Subsection (17)(d)(iii). 358 (11) "Commissioner" means the commissioner of the Department of Public Safety. 359 (12) "Controlled-access highway" means a highway, street, or roadway: 360 (a) designed primarily for through traffic; and 361 (b) to or from which owners or occupants of abutting lands and other persons have no 362 legal right of access, except at points as determined by the highway authority having 363 jurisdiction over the highway, street, or roadway. 364 (13) "Crosswalk" means: 365 (a) that part of a roadway at an intersection included within the connections of the 366 lateral lines of the sidewalks on opposite sides of the highway measured from: 367 (i) (A) the curbs; or 368 (B) in the absence of curbs, from the edges of the traversable roadway; and 369 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway 370 included within the extension of the lateral lines of the existing sidewalk at right angles to the 371 centerline; or 372 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for 373 pedestrian crossing by lines or other markings on the surface. 374 (14) "Department" means the Department of Public Safety. 375 (15) "Direct supervision" means oversight at a distance within which: 376 (a) visual contact is maintained; and 377 (b) advice and assistance can be given and received. 378 (16) "Divided highway" means a highway divided into two or more roadways by: 379 (a) an unpaved intervening space; Enrolled Copy S.B. 139 - 15 - 380 (b) a physical barrier; or 381 (c) a clearly indicated dividing section constructed to impede vehicular traffic. 382 (17) "Electric assisted bicycle" means a bicycle with an electric motor that: 383 (a) has a power output of not more than 750 watts; 384 (b) has fully operable pedals on permanently affixed cranks; 385 (c) is fully operable as a bicycle without the use of the electric motor; and 386 (d) is one of the following: 387 (i) an electric assisted bicycle equipped with a motor or electronics that: 388 (A) provides assistance only when the rider is pedaling; and 389 (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per 390 hour; 391 (ii) an electric assisted bicycle equipped with a motor or electronics that: 392 (A) may be used exclusively to propel the bicycle; and 393 (B) is not capable of providing assistance when the bicycle reaches the speed of 20 394 miles per hour; or 395 (iii) an electric assisted bicycle equipped with a motor or electronics that: 396 (A) provides assistance only when the rider is pedaling; 397 (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per 398 hour; and 399 (C) is equipped with a speedometer. 400 (18) (a) "Electric personal assistive mobility device" means a self-balancing device 401 with: 402 (i) two nontandem wheels in contact with the ground; 403 (ii) a system capable of steering and stopping the unit under typical operating 404 conditions; 405 (iii) an electric propulsion system with average power of one horsepower or 750 watts; 406 (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and S.B. 139 Enrolled Copy - 16 - 407 (v) a deck design for a person to stand while operating the device. 408 (b) "Electric personal assistive mobility device" does not include a wheelchair. 409 (19) "Explosives" means [any] a chemical compound or mechanical mixture 410 commonly used or intended for the purpose of producing an explosion and that contains any 411 oxidizing and combustive units or other ingredients in proportions, quantities, or packing so 412 that an ignition by fire, friction, concussion, percussion, or detonator of any part of the 413 compound or mixture may cause a sudden generation of highly heated gases, and the resultant 414 gaseous pressures are capable of producing destructive effects on contiguous objects or of 415 causing death or serious bodily injury. 416 (20) "Farm tractor" means a motor vehicle designed and used primarily as a farm 417 implement, for drawing plows, mowing machines, and other implements of husbandry. 418 (21) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less, 419 as determined by a tagliabue or equivalent closed-cup test device. 420 (22) "Freeway" means a controlled-access highway that is part of the interstate system 421 as defined in Section 72-1-102. 422 (23) "Gore area" means the area delineated by two solid white lines that is between a 423 continuing lane of a through roadway and a lane used to enter or exit the continuing lane 424 including similar areas between merging or splitting highways. 425 (24) "Gross weight" means the weight of a vehicle without a load plus the weight of 426 any load on the vehicle. 427 (25) "Highway" means the entire width between property lines of every way or place of 428 any nature when any part of it is open to the use of the public as a matter of right for vehicular 429 travel. 430 (26) "Highway authority" means the same as that term is defined in Section 72-1-102. 431 (27) (a) "Intersection" means the area embraced within the prolongation or connection 432 of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two or 433 more highways [which] that join one another. Enrolled Copy S.B. 139 - 17 - 434 (b) Where a highway includes two roadways 30 feet or more apart: 435 (i) every crossing of each roadway of the divided highway by an intersecting highway 436 is a separate intersection; and 437 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then 438 every crossing of two roadways of the highways is a separate intersection. 439 (c) "Intersection" does not include the junction of an alley with a street or highway. 440 (28) "Island" means an area between traffic lanes or at an intersection for control of 441 vehicle movements or for pedestrian refuge designated by: 442 (a) pavement markings, which may include an area designated by two solid yellow 443 lines surrounding the perimeter of the area; 444 (b) channelizing devices; 445 (c) curbs; 446 (d) pavement edges; or 447 (e) other devices. 448 (29) "Law enforcement agency" means the same as that term is as defined in Section 449 53-1-102. 450 (30) "Limited access highway" means a highway: 451 (a) that is designated specifically for through traffic; and 452 (b) over, from, or to which neither owners nor occupants of abutting lands nor other 453 persons have any right or easement, or have only a limited right or easement of access, light, 454 air, or view. 455 (31) "Local highway authority" means the legislative, executive, or governing body of 456 a county, municipal, or other local board or body having authority to enact laws relating to 457 traffic under the constitution and laws of the state. 458 (32) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that: 459 (i) is designed to be operated at speeds of not more than 25 miles per hour; and 460 (ii) has a capacity of not more than [four] six passengers, including the driver. S.B. 139 Enrolled Copy - 18 - 461 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle. 462 (33) "Metal tire" means a tire, the surface of which in contact with the highway is 463 wholly or partly of metal or other hard nonresilient material. 464 (34) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or 465 saddle that is less than 24 inches from the ground as measured on a level surface with properly 466 inflated tires. 467 (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter. 468 (c) "Mini-motorcycle" does not include a motorcycle that is: 469 (i) designed for off-highway use; and 470 (ii) registered as an off-highway vehicle under Section 41-22-3. 471 (35) "Mobile home" means: 472 (a) a trailer or semitrailer that is: 473 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping 474 place either permanently or temporarily; and 475 (ii) equipped for use as a conveyance on streets and highways; or 476 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and 477 constructed for use as a mobile home, as defined in Subsection (35)(a), but that is instead used 478 permanently or temporarily for: 479 (i) the advertising, sale, display, or promotion of merchandise or services; or 480 (ii) any other commercial purpose except the transportation of property for hire or the 481 transportation of property for distribution by a private carrier. 482 (36) (a) "Moped" means a motor-driven cycle having: 483 (i) pedals to permit propulsion by human power; and 484 (ii) a motor that: 485 (A) produces not more than two brake horsepower; and 486 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on 487 level ground. Enrolled Copy S.B. 139 - 19 - 488 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic 489 centimeters and the moped shall have a power drive system that functions directly or 490 automatically without clutching or shifting by the operator after the drive system is engaged. 491 [(c) "Moped" includes a motor assisted scooter.] 492 [(d)] (c) "Moped" does not include: 493 (i) an electric assisted bicycle[.]; or 494 (ii) a motor assisted scooter. 495 (37) (a) "Motor assisted scooter" means a self-propelled device with: 496 (i) at least two wheels in contact with the ground; 497 (ii) a braking system capable of stopping the unit under typical operating conditions; 498 (iii) [a gas or] an electric motor not exceeding [40 cubic centimeters] 2,000 watts; 499 (iv) either: 500 (A) handlebars and a deck design for a person to stand while operating the device; [or] 501 (B) [a deck and] handle bars and a seat designed for a person to sit, straddle, or stand 502 while operating the device; [and] 503 (v) a design for the ability to be propelled by human power alone[.]; and 504 (vi) a maximum speed of 20 miles per hour on a paved level surface. 505 (b) "Motor assisted scooter" does not include: 506 (i) an electric assisted bicycle[.]; or 507 (ii) a motor-driven cycle. 508 (38) (a) "Motor vehicle" means a vehicle that is self-propelled and [every] a vehicle 509 [which] that is propelled by electric power obtained from overhead trolley wires, but not 510 operated upon rails. 511 (b) "Motor vehicle" does not include: 512 (i) vehicles moved solely by human power[,]; 513 (ii) motorized wheelchairs[,]; 514 (iii) an electric personal assistive mobility device[,]; S.B. 139 Enrolled Copy - 20 - 515 (iv) an electric assisted bicycle[, or]; 516 (v) a motor assisted scooter; or 517 (vi) a personal delivery device, as defined in Section 41-6a-1119. 518 (39) "Motorcycle" means: 519 (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider 520 and designed to travel with not more than three wheels in contact with the ground; or 521 (b) an autocycle. 522 (40) (a) "Motor-driven cycle" means [every] a motorcycle, [motor scooter,] moped, 523 [motor assisted scooter,] and [every] a motorized bicycle having: 524 (i) an engine with less than 150 cubic centimeters displacement; or 525 (ii) a motor that produces not more than five horsepower. 526 (b) "Motor-driven cycle" does not include: 527 (i) an electric personal assistive mobility device; [or] 528 (ii) a motor assisted scooter; or 529 [(ii)] (iii) an electric assisted bicycle. 530 (41) "Off-highway implement of husbandry" means the same as that term is defined 531 under Section 41-22-2. 532 (42) "Off-highway vehicle" means the same as that term is defined under Section 533 41-22-2. 534 (43) "Operator" means a person who is in actual physical control of a vehicle. 535 (44) (a) "Park" or "parking" means the standing of a vehicle, whether the vehicle is 536 occupied or not. 537 (b) "Park" or "parking" does not include the standing of a vehicle temporarily for the 538 purpose of and while actually engaged in loading or unloading property or passengers. 539 (45) "Peace officer" means a peace officer authorized under Title 53, Chapter 13, Peace 540 Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic 541 laws. Enrolled Copy S.B. 139 - 21 - 542 (46) "Pedestrian" means a person traveling: 543 (a) on foot; or 544 (b) in a wheelchair. 545 (47) "Pedestrian traffic-control signal" means a traffic-control signal used to regulate 546 pedestrians. 547 (48) "Person" means [every] a natural person, firm, copartnership, association, or 548 corporation. 549 (49) "Pole trailer" means [every] a vehicle without motive power: 550 (a) designed to be drawn by another vehicle and attached to the towing vehicle by 551 means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and 552 (b) that is ordinarily used for transporting long or irregular shaped loads including 553 poles, pipes, or structural members generally capable of sustaining themselves as beams 554 between the supporting connections. 555 (50) "Private road or driveway" means every way or place in private ownership and 556 used for vehicular travel by the owner and those having express or implied permission from the 557 owner, but not by other persons. 558 (51) "Railroad" means a carrier of persons or property upon cars operated on stationary 559 rails. 560 (52) "Railroad sign or signal" means a sign, signal, or device erected by authority of a 561 public body or official or by a railroad and intended to give notice of the presence of railroad 562 tracks or the approach of a railroad train. 563 (53) "Railroad train" means a locomotive propelled by any form of energy, coupled 564 with or operated without cars, and operated upon rails. 565 (54) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a lawful 566 manner in preference to another vehicle or pedestrian approaching under circumstances of 567 direction, speed, and proximity that give rise to danger of collision unless one grants 568 precedence to the other. S.B. 139 Enrolled Copy - 22 - 569 (55) (a) "Roadway" means that portion of highway improved, designed, or ordinarily 570 used for vehicular travel. 571 (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of 572 them are used by persons riding bicycles or other human-powered vehicles. 573 (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if 574 a highway includes two or more separate roadways. 575 (56) "Safety zone" means the area or space officially set apart within a roadway for the 576 exclusive use of pedestrians and that is protected, marked, or indicated by adequate signs as to 577 be plainly visible at all times while set apart as a safety zone. 578 (57) (a) "School bus" means a motor vehicle that: 579 (i) complies with the color and identification requirements of the most recent edition of 580 "Minimum Standards for School Buses"; and 581 (ii) is used to transport school children to or from school or school activities. 582 (b) "School bus" does not include a vehicle operated by a common carrier in 583 transportation of school children to or from school or school activities. 584 (58) (a) "Semitrailer" means a vehicle with or without motive power: 585 (i) designed for carrying persons or property and for being drawn by a motor vehicle; 586 and 587 (ii) constructed so that some part of its weight and that of its load rests on or is carried 588 by another vehicle. 589 (b) "Semitrailer" does not include a pole trailer. 590 (59) "Shoulder area" means: 591 (a) that area of the hard-surfaced highway separated from the roadway by a pavement 592 edge line as established in the current approved "Manual on Uniform Traffic Control Devices"; 593 or 594 (b) that portion of the road contiguous to the roadway for accommodation of stopped 595 vehicles, for emergency use, and for lateral support. Enrolled Copy S.B. 139 - 23 - 596 (60) "Sidewalk" means that portion of a street between the curb lines, or the lateral 597 lines of a roadway, and the adjacent property lines intended for the use of pedestrians. 598 (61) "Solid rubber tire" means a tire of rubber or other resilient material that does not 599 depend on compressed air for the support of the load. 600 (62) "Stand" or "standing" means the temporary halting of a vehicle, whether occupied 601 or not, for the purpose of and while actually engaged in receiving or discharging passengers. 602 (63) "Stop" when required means complete cessation from movement. 603 (64) "Stop" or "stopping" when prohibited means any halting even momentarily of a 604 vehicle, whether occupied or not, except when: 605 (a) necessary to avoid conflict with other traffic; or 606 (b) in compliance with the directions of a peace officer or traffic-control device. 607 (65) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain type I 608 vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet the 609 requirements of Section 41-6a-1509 to operate on highways in the state in accordance with 610 Section 41-6a-1509. 611 (66) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other 612 conveyances either singly or together while using any highway for the purpose of travel. 613 (67) "Traffic signal preemption device" means an instrument or mechanism designed, 614 intended, or used to interfere with the operation or cycle of a traffic-control signal. 615 (68) "Traffic-control device" means a sign, signal, marking, or device not inconsistent 616 with this chapter placed or erected by a highway authority for the purpose of regulating, 617 warning, or guiding traffic. 618 (69) "Traffic-control signal" means a device, whether manually, electrically, or 619 mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. 620 (70) (a) "Trailer" means a vehicle with or without motive power designed for carrying 621 persons or property and for being drawn by a motor vehicle and constructed so that no part of 622 its weight rests upon the towing vehicle. S.B. 139 Enrolled Copy - 24 - 623 (b) "Trailer" does not include a pole trailer. 624 (71) "Truck" means a motor vehicle designed, used, or maintained primarily for the 625 transportation of property. 626 (72) "Truck tractor" means a motor vehicle: 627 (a) designed and used primarily for drawing other vehicles; and 628 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck 629 tractor. 630 (73) "Two-way left turn lane" means a lane: 631 (a) provided for vehicle operators making left turns in either direction; 632 (b) that is not used for passing, overtaking, or through travel; and 633 (c) that has been indicated by a lane traffic-control device that may include lane 634 markings. 635 (74) "Urban district" means the territory contiguous to and including any street, in 636 which structures devoted to business, industry, or dwelling houses are situated at intervals of 637 less than 100 feet, for a distance of a quarter of a mile or more. 638 (75) "Vehicle" means a device in, on, or by which a person or property is or may be 639 transported or drawn on a highway, except devices used exclusively on stationary rails or 640 tracks. 641 Section 3. Section 41-6a-526 is amended to read: 642 41-6a-526. Drinking alcoholic beverage and open containers in motor vehicle 643 prohibited -- Definitions -- Exceptions. 644 (1) As used in this section: 645 (a) "Alcoholic beverage" has the same meaning as defined in Section 32B-1-102. 646 (b) "Chartered bus" has the same meaning as defined in Section 32B-1-102. 647 (c) "Limousine" has the same meaning as defined in Section 32B-1-102. 648 (d) (i) "Passenger compartment" means the area of the vehicle normally occupied by 649 the operator and passengers. Enrolled Copy S.B. 139 - 25 - 650 (ii) "Passenger compartment" includes areas accessible to the operator and passengers 651 while traveling, including a utility or glove compartment. 652 (iii) "Passenger compartment" does not include a separate front or rear trunk 653 compartment or other area of the vehicle not accessible to the operator or passengers while 654 inside the vehicle. 655 (e) "Waters of the state" has the same meaning as defined in Section 73-18-2. 656 (2) A person may not drink [any] an alcoholic beverage while operating a motor 657 vehicle, a motor assisted scooter, or a class 2 electric assisted bicycle, or while a passenger in a 658 motor vehicle, whether the vehicle is moving, stopped, or parked on any highway or waters of 659 the state. 660 (3) A person may not keep, carry, possess, transport, or allow another to keep, carry, 661 possess, or transport in the passenger compartment of a motor vehicle, on a motor assisted 662 scooter, or on a class 2 electric assisted bicycle, when the vehicle is on any highway or waters 663 of the state, any container [which] that contains [any] an alcoholic beverage if the container has 664 been opened, its seal broken, or the contents of the container partially consumed. 665 (4) Subsections (2) and (3) do not apply to a passenger: 666 (a) in the living quarters of a motor home or camper; 667 (b) who has carried an alcoholic beverage onto a limousine or chartered bus that is in 668 compliance with Subsections 32B-4-415(4)(b) and (c); or 669 (c) in a motorboat on the waters of the state. 670 (5) Subsection (3) does not apply to passengers traveling in any licensed taxicab or bus. 671 (6) A violation of Subsection (2) or (3) is a class C misdemeanor. 672 Section 4. Section 41-6a-706.5 is amended to read: 673 41-6a-706.5. Definitions -- Operation of motor vehicle near a vulnerable user of a 674 highway prohibited -- Endangering a vulnerable user of a highway prohibited. 675 (1) As used in this section, "vulnerable user of a highway" means: 676 (a) a pedestrian, including a person engaged in work upon a highway or upon utilities S.B. 139 Enrolled Copy - 26 - 677 facilities along a highway or providing emergency services within the right-of-way of a 678 highway; 679 (b) a person riding an animal; or 680 (c) a person operating any of the following on a highway: 681 (i) a farm tractor or implement of husbandry, without an enclosed shell; 682 (ii) a skateboard; 683 (iii) roller skates; 684 (iv) in-line skates; 685 (v) a bicycle; 686 (vi) an electric-assisted bicycle; 687 (vii) an electric personal assistive mobility device; 688 (viii) a moped; 689 (ix) a motor assisted scooter; 690 [(ix)] (x) a motor-driven cycle; 691 [(x) a motorized scooter;] 692 (xi) a motorcycle; or 693 (xii) a manual wheelchair. 694 (2) An operator of a motor vehicle may not knowingly, intentionally, or recklessly: 695 (a) operate a motor vehicle within three feet of a vulnerable user of a highway; 696 (b) distract or attempt to distract a vulnerable user of a highway for the purpose of 697 causing violence or injury to the vulnerable user of a highway; or 698 (c) force or attempt to force a vulnerable user of a highway off of the roadway for a 699 purpose unrelated to public safety. 700 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is an 701 infraction. 702 (b) A violation of Subsection (2) that results in bodily injury to the vulnerable user of a 703 highway is a class C misdemeanor. Enrolled Copy S.B. 139 - 27 - 704 Section 5. Section 41-6a-1115 is amended to read: 705 41-6a-1115. Motor assisted scooters -- Conflicting provisions -- Restrictions -- 706 Penalties. 707 (1) (a) Except as otherwise provided in this section, a motor assisted scooter is subject 708 to the provisions under this chapter for a bicycle[, moped, or a motor-driven cycle]. 709 (b) For a person operating a motor assisted scooter, the following provisions do not 710 apply: 711 (i) seating positions under Section 41-6a-1501; 712 (ii) required lights, horns, and mirrors under Section 41-6a-1506; 713 (iii) entitlement to full use of a lane under Subsection 41-6a-1502(1); and 714 (iv) driver licensing requirements under Section 53-3-202. 715 (c) A person may operate a motor assisted scooter across a roadway in a crosswalk, 716 except that the person may not operate the motor assisted scooter in a negligent manner in the 717 crosswalk: 718 (i) so as to collide with a: 719 (A) pedestrian; or 720 (B) person operating a bicycle or vehicle or device propelled by human power; or 721 (ii) at a speed greater than is reasonable and prudent under the existing conditions, 722 giving regard to the actual and potential hazards then existing. 723 [(2) A person under 15 years of age may not operate a motor assisted scooter using the 724 motor unless the person is under the direct supervision of the person's parent or guardian.] 725 [(3)] (2) A person under eight years of age may not operate a motor assisted scooter 726 with the motor running on any public property, highway, path, or sidewalk. 727 [(4)] (3) A person may not operate a motor assisted scooter: 728 (a) in a public parking structure; 729 (b) on public property posted as an area prohibiting [skateboards] bicycles; 730 [(c) on a highway consisting of a total of four or more lanes designated for regular S.B. 139 Enrolled Copy - 28 - 731 vehicular traffic;] 732 [(d) on a highway with a posted speed limit greater than 25 miles per hour;] 733 [(e)] (c) while carrying more persons at one time than the number for which it is 734 designed; [or] 735 [(f)] (d) that has been structurally or mechanically altered from the original 736 manufacturer's design[.], except for an alteration by, or done at the request of, a person who 737 rents the motor assisted scooter to lower the maximum speed for the motor assisted scooter; or 738 (e) at a speed of greater than 15 miles per hour or in violation of Subsection 739 41-6a-1115.1(3). 740 [(5)] (4) Except where posted or prohibited by local ordinance, a motor assisted scooter 741 is considered a nonmotorized vehicle if it is being used with the motor turned off. 742 [(6)] (5) An owner may not authorize or knowingly permit a person under the age of 18 743 to operate a motor assisted scooter in violation of this section. 744 [(7)] (6) A person who violates this section is guilty of an infraction. 745 Section 6. Section 41-6a-1115.1 is enacted to read: 746 41-6a-1115.1. Scooter-share programs -- Local ordinances regulating motor 747 assisted scooters. 748 (1) For the purposes of this section: 749 (a) "Local authority" means a county, city, town, or metro township. 750 (b) "Scooter-share operator" means a person offering a shared scooter for hire. 751 (c) "Scooter-share program" means the offering of a shared scooter for hire. 752 (d) "Shared scooter" means a motor assisted scooter offered for hire. 753 (2) A local authority may regulate the operation of a motor assisted scooter within its 754 jurisdiction. 755 (3) A local authority may authorize the operation of a motor assisted scooter on 756 sidewalks and regulate the operation, including the maximum speed on the sidewalks. 757 (4) A regulation adopted by a local authority pursuant to this section regarding the Enrolled Copy S.B. 139 - 29 - 758 operation of a motor assisted scooter shall be consistent with the regulation of bicycles and this 759 title. 760 (5) (a) A local authority may regulate the operation of a scooter-share program within 761 its jurisdiction. Regulation of scooter-share programs shall be consistent with this Subsection 762 (5). 763 (b) A shared scooter shall bear a single unique alphanumeric identification visible from 764 a distance of five feet, that may not be obfuscated by branding or other markings, and that shall 765 be used throughout the state, including by local authorities, to identify the shared scooter. 766 (c) A scooter-share operator shall maintain the following insurance coverage dedicated 767 exclusively for operation of shared scooters: 768 (i) commercial general liability insurance coverage with a limit of at least $1,000,000 769 each occurrence and $5,000,000 aggregate; 770 (ii) automobile insurance coverage with a limit of at least $1,000,000 each occurrence 771 and $1,000,000 aggregate; 772 (iii) umbrella or excess liability coverage with a limit of at least $5,000,000 each 773 occurrence and $5,000,000 aggregate; and 774 (iv) when the scooter-share operator employs an individual, workers' compensation 775 coverage of no less than required by law. 776 (d) Penalties for a moving or parking violation involving a motor assisted scooter or a 777 shared scooter shall be assessed to the person responsible for the violation, and may not exceed 778 penalties assessed to a rider of a bicycle. 779 (e) A scooter-share operator may be required to pay fees, provided that the total 780 amount of the fees collected may not exceed the reasonable and necessary cost to the local 781 authority of administering scooter-share programs, including a reasonable fee for the use of the 782 right-of-way, commensurate and proportional to fees charged for similar uses. 783 (f) A scooter-share operator may be required to indemnify the local authority for 784 claims, demands, costs, including reasonable attorney fees, losses, or damages brought against S.B. 139 Enrolled Copy - 30 - 785 the local authority, and arising out of a negligent act, error, omission, or willful misconduct by 786 the scooter-share operator or the scooter-share operator's employees, except to the extent the 787 claims, demands, costs, losses, or damages arise out of such local authority's negligence or 788 willful misconduct. 789 (g) In the interests of safety and right-of-way management, a local authority may 790 designate locations where scooter-share operators may not stage shared scooters, provided that 791 at least one location shall be permitted on each side of each city block in commercial zones and 792 business districts. 793 (h) A local authority may require scooter-share operators, as a condition for operating a 794 scooter-share program, to provide to the local authority anonymized fleet and ride activity data 795 for completed trips starting or ending within the jurisdiction of the local authority on a vehicle 796 of the scooter-share operator or of any person or company controlled by, controlling, or under 797 common control with the scooter-share operator, provided that, to ensure individual privacy the 798 trip data: 799 (i) is provided via an application programming interface, subject to the scooter-share 800 operator's license agreement for such interface, in compliance with a national data format 801 specification; 802 (ii) provided shall be treated as trade secret and proprietary business information, and 803 may not be shared to third parties without the scooter-share operator's consent, and may not be 804 treated as owned by the local authority; and 805 (iii) shall be considered private information, and may not be disclosed under Title 63G, 806 Chapter 2, Government Records Access and Management Act, pursuant to a public records 807 request received by the local authority without prior aggregation or obfuscation to protect 808 individual privacy. 809 (i) In regulating a shared scooter or a scooter-share program, a local authority may not 810 impose any unduly restrictive requirement on a scooter-share operator, including: 811 (i) requiring operation below cost; or Enrolled Copy S.B. 139 - 31 - 812 (ii) subjecting riders of shared scooters to requirements more restrictive than those 813 applicable to riders of privately owned motor assisted scooters or bicycles. 814 Section 7. Section 41-6a-1601 is amended to read: 815 41-6a-1601. Operation of unsafe or improperly equipped vehicles on public 816 highways -- Exceptions. 817 (1) (a) A person may not operate or move and an owner may not cause or knowingly 818 permit to be operated or moved on a highway a vehicle or combination of vehicles [which] 819 that: 820 (i) is in an unsafe condition that may endanger any person; 821 (ii) does not contain those parts or is not at all times equipped with lamps and other 822 equipment in proper condition and adjustment as required in this chapter; 823 (iii) is equipped in any manner in violation of this chapter; or 824 (iv) emits pollutants in excess of the limits allowed under the rules of the Air Quality 825 Board created under Title 19, Chapter 2, Air Conservation Act, or under rules made by local 826 health departments. 827 (b) A person may not do any act forbidden or fail to perform any act required under this 828 chapter. 829 (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 830 and in coordination with the rules made under Section 53-8-204, the department shall make 831 rules setting minimum standards covering the design, construction, condition, and operation of 832 vehicle equipment for safely operating a motor vehicle on the highway as required under this 833 part. 834 (b) The rules under Subsection (2)(a): 835 (i) shall conform as nearly as practical to Federal Motor Vehicle Safety Standards and 836 Regulations; 837 (ii) may incorporate by reference, in whole or in part, the federal standards under 838 Subsection (2)(b)(i) and nationally recognized and readily available standards and codes on S.B. 139 Enrolled Copy - 32 - 839 motor vehicle safety; 840 (iii) shall include provisions for the issuance of a permit under Section 41-6a-1602; 841 (iv) shall include standards for the emergency lights of authorized emergency vehicles; 842 (v) may provide standards and specifications applicable to lighting equipment on 843 school buses consistent with: 844 (A) this part; 845 (B) federal motor vehicle safety standards; and 846 (C) current specifications of the Society of Automotive Engineers; 847 (vi) shall provide procedures for the submission, review, approval, disapproval, 848 issuance of an approval certificate, and expiration or renewal of approval of any part as 849 required under Section 41-6a-1620; 850 (vii) shall establish specifications for the display or etching of a vehicle identification 851 number on a vehicle; 852 (viii) shall establish specifications in compliance with this part for a flare, fusee, 853 electric lantern, warning flag, or portable reflector used in compliance with this part; 854 (ix) shall establish approved safety and law enforcement purposes when video display 855 is visible to the motor vehicle operator; and 856 (x) shall include standards and specifications for both original equipment and parts 857 included when a vehicle is manufactured and aftermarket equipment and parts included after 858 the original manufacture of a vehicle. 859 (c) The following standards and specifications for vehicle equipment are adopted: 860 (i) 49 C.F.R. 571.209 related to safety belts; 861 (ii) 49 C.F.R. 571.213 related to child restraint devices; 862 (iii) 49 C.F.R. 393, 396, and 396 Appendix G related to commercial motor vehicles 863 and trailers operated in interstate commerce; 864 (iv) 49 C.F.R. 571 Standard 108 related to lights and illuminating devices; and 865 (v) 40 C.F.R. 82.30 through 82.42 and Part 82, Subpart B, Appendix A and B related Enrolled Copy S.B. 139 - 33 - 866 to air conditioning equipment. 867 (3) Nothing in this chapter or the rules made by the department prohibit: 868 (a) equipment required by the United States Department of Transportation; or 869 (b) the use of additional parts and accessories on a vehicle not inconsistent with the 870 provisions of this chapter or the rules made by the department. 871 (4) Except as specifically made applicable, [the provisions of] this chapter and rules of 872 the department with respect to equipment required on vehicles do not apply to: 873 (a) implements of husbandry; 874 (b) road machinery; 875 (c) road rollers; 876 (d) farm tractors; 877 (e) motorcycles; 878 (f) motor-driven cycles; 879 (g) motor assisted scooters; 880 [(g)] (h) vehicles moved solely by human power; 881 [(h)] (i) off-highway vehicles registered under Section 41-22-3 either: 882 (i) on a highway designated as open for off-highway vehicle use; or 883 (ii) in the manner prescribed by Subsections 41-22-10.3(1) through (3); or 884 [(i)] (j) off-highway implements of husbandry when operated in the manner prescribed 885 by Subsections 41-22-5.5(3) through (5). 886 (5) The vehicles referred to in Subsections (4)[(h) and (i)] (i) and (j) are subject to the 887 equipment requirements of Title 41, Chapter 22, Off-Highway Vehicles, and the rules made 888 under that chapter. 889 (6) (a) (i) Except as provided in Subsection (6)(a)(ii), a federal motor vehicle safety 890 standard supersedes any conflicting provision of this chapter. 891 (ii) Federal motor vehicle safety standards do not supersede the provisions of Section 892 41-6a-1509 governing the requirements for and use of street-legal all-terrain vehicles on S.B. 139 Enrolled Copy - 34 - 893 highways. 894 (b) The department: 895 (i) shall report any conflict found under Subsection (6)(a) to the appropriate 896 committees or officials of the Legislature; and 897 (ii) may adopt a rule to replace the superseded provision. 898 (7) Subject to Subsection 53-8-209(3), a violation of this section is an infraction. 899 Section 8. Section 41-6a-1702 is amended to read: 900 41-6a-1702. Sidewalk -- Driving prohibited -- Exception. 901 (1) Except for a bicycle [or], a device propelled by human power, or a motor assisted 902 scooter, a person may not operate a vehicle on a sidewalk or sidewalk area. A motor assisted 903 scooter may be operated on a sidewalk only if permitted pursuant to Subsection 904 41-6a-1115.1(3). 905 (2) [The provisions of] Subsection (1) [do] does not apply on a driveway. 906 Section 9. Section 79-5-102 is amended to read: 907 79-5-102. Definitions. 908 As used in this chapter: 909 (1) "Board" means the Board of Parks and Recreation. 910 (2) "Council" means the Recreational Trails Advisory Council. 911 (3) "Division" means the Division of Parks and Recreation. 912 (4) "Recreational trail" or "trail" means a multi-use path used for: 913 (a) muscle-powered activities, including: 914 (i) bicycling; 915 (ii) cross-country skiing; 916 (iii) walking; 917 (iv) jogging; and 918 (v) horseback riding; and 919 (b) uses compatible with the uses described in Subsection (4)(a), including the use of Enrolled Copy S.B. 139 - 35 - 920 an electric assisted bicycle or motor assisted scooter, as defined in Section 41-6a-102. Moab City Council Agenda Item Meeting Date: April 27th, 2021 Title: Consideration of Proposed Resolution #21-2021 – Adopting the 2021-2025 Capital Improvement Project List. Presenter: Chuck Williams, Engineer Attachment(s): 1) Draft Resolution #21-2021 Background/Summary: The City Council adopted Capital Projects Prioritization Matrix for the City of Moab in 2019. The Staff Capital Improvements Project (CIP) Committee has met for two sessions to apply the adopted matrix to identified Capital Projects and has compiled the attached rated and ranked Capital Improvements Project (CIP) list for Council review and adoption. The horizon of this CIP list is one to four years. Projects were rated beyond that horizon, however staff felt that a four year horizon was the maximum that should be addressed in this process. This list is not inclusive of all identified Capital Projects – it represents those projects identified as critical to complete in the one to four year time frame. The CIP list should be updated and presented to Council annually for adoption which will begin to capture longer horizon projects. Once this list is approved by City Council, staff can begin the process of preparing project budgets, identifying funding sources, prioritizing funding needs and then draft and present a Capital Improvements Budget (CIB) and a Capital Improvements Financing Plan to City Council – including a debt service forecast worksheet. Please note that inclusion of any of these projects in the budget will depend on the following: • Availability of grant funding or other non-debt funding sources • Availability of Cash for Pay-as-you-go projects • Assessment of debt capacity for each existing revenue source • Exploration of new revenue sources to expand debt capacity • Ability of staff to manage and complete projects • Council approval of project budgets Given our budget constraints for the ensuing Fiscal Year, the only capital projects that I anticipate presenting in our FYE 22 proposed budget will be those with the highest proportion of outside, non-debt funding. It is recommended that all proposed capital projects be assessed using the Capital Projects Prioritization Matrix accompanied with a supplementary financial analysis to determine the specific impact the project will have on tax revenue allocations, user fees and the municipal tax rate, if applicable. This will assist Council with an understanding of how a specific project ranks in relation to other capital projects and the direct financial impact its implementation will have on residents. Staff requests that the Council evaluate the prioritized project list and formally adopt it, allowing staff to move forward with pursuing funding and financing resources. CITY OF MOAB RESOLUTION NO. 21-2021 A RESOLUTION adopting the 2021-2025 Capital Improvement Project List WHEREAS, the Prioritization of capital projects for the City of Moab (“City) is crucial for long term capital planning as well as the financial process of analyzing the annual debt repayment limit of the City and other resource constraints; and WHEREAS, the purpose of the Capital Improvements Plan (CIP) is to plan for and prioritize public improvements in the short and long term; and WHEREAS, the Staff Capital Improvements Projects Committee has met and reviewed thoroughly the identified Capital Improvements and has made revisions and prioritized the projects utilizing the adopted Capital Projects Prioritization Matrix; and WHEREAS, the 2021-2025 Capital Improvement Project List identifies specific projects and their estimates for consideration and approval by the Governing Body; and WHEREAS, for purposes of planning and allocating resources the Governing Body should consider and approve the Capital Improvement Project List; and WHEREAS, the Governing Body will be presented with a Capital Improvements Budget (CIB) containing specific budgets for each project for consideration and approval prior to the FYE 2022 budget adoption; and WHEREAS, it is the intent of the Governing Body that funds for projects will require subsequent approval by the Governing Body. NOW, THEREFORE BE IT RESOLVED THAT: 1. The Governing Body finds that the improvements described are necessary to serve the public interest. 2. The Capital Improvements Project List shall be updated and presented for Governing Body approval annually. 3. All project budgets will require Governing Body approval prior to expenditure of any CIP related funds. 4. The Governing Body approves the attached Capital Improvements Project List. 5. This Resolution shall become effective upon passage and approval by the Governing Body. PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 27th day of April, 2021. SIGNED: ATTEST: _________________________ ________________________ Emily S. Niehaus, Mayor City Recorder FYE 2022-2025 - Capital Improvements Project List (excluding works in progress for FY 21-22) Project FY22 Score Cost Estimate Priority 1-2 Years Priority 3-5 Years Kane Creek Road Reconstruction 80 $2,132,807 $2,132,807 Walnut Lane Housing Phase 1 78.5 $10,000,000 $10,000,000 100 South Green Infrastructure Improvements Project 75 $1,900,000 $1,900,000 Crit. Cond. Birch Ave Sewer Project 75 $165,876 $165,876 Crit. Cond. 200 South Sewer Project 75 $384,531 $384,531 Replace Sewer in Pack Creek behind Episcopal Church 75 $300,000 $300,000 Public Works Facility Repairs and Replacements 72.5 $3,000,000 $3,000,000 400 East Construction 71 $1,693,119 $1,693,119 Water Tank 70 $3,428,000 $3,428,000 400 East Bridge Widening (over Pack Creek) 69 $740,000 $740,000 Hotspot - Median Parking 67 $6,765,406 $6,765,406 Bowen/Locust Sewer Project 66 $425,700 $425,700 Mill Creek Stream Bank Stabilization 65 $350,000 $350,000 Walnut Lane Storm Water Connection 64.5 $1,000,000 $900,000 Crit. Cond. 500 West Sewer Project 64 $701,202 $701,202 100 West Construction 63.5 $1,247,936 $1,247,936 Old City Park Redevelopment 63 $400,000 $400,000 Ball Fields Redevelopment 59.5 $500,000 $300,000 Swanny and Lions Parks Upgrades 59.5 $300,000 $300,000 South Trunk Line Phase 2 49.5 $6,046,110 More than five years Outfall Pipe 48.5 $953,442 More than five years South Trunk Line Phase 1 44.5 $5,000,000 $5,000,000 Public Works New Administrative Facility 42 $2,000,000 More than five years Main Street and 200 North Sewer project 37 $243,000 $243,000 Center Street Gym Replacement 33.5 $5,250,000 More than five years Emma Blvd Dispersed Parking/Minnie Lee Paving Improvements 31 $487,791 $487,791 Hotspot - Shuttle/transit project (City share only) 30.25 $1,500,000 $1,000,000 1,500,000$ Rainbow Drive - Paving 28 $225,000 $225,000 Pear Tree Lane - Paving 19 $475,000 More than five years City Center 9 $2,100,000 More than five years Totals: $59,714,919 $34,149,313 $9,441,055