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
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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
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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:
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Documents:
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8.5.
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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:
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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
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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.)
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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.)
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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?
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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
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(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.
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“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-
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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
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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;
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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
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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.
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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
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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.
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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.
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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:
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______________________________
Sommar Johnson, Clerk/Recorder
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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.
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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.
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“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,
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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,
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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;
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(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:
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(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;
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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.
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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.
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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
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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
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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
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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.)
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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.)
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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?
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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)?
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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"
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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
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(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.
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“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-
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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
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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
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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
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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
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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
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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;
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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
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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.
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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
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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.
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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.
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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:
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______________________________
Sommar Johnson, Clerk/Recorder
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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,
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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;
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(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:
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(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;
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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.”)
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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
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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
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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;
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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.
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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.
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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
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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.
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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.
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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
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m
Hi
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h
Me
d
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Hi
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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
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i
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m
Hi
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h
Me
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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
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m
Hi
g
h
Lo
w
Hi
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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
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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
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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
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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
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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
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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
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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
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e
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o
f
B
l
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k
G
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o
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R
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s
i
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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The Whole Enchilada Shuttle Co.
A private provider serving biking trips with trailhead access.
https://wholeenchiladashuttles.com/
Moab Transit Study April 21, 2021
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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
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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
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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
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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
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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.
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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.)
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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
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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
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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.
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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,
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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
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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.)
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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.)
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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.
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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?
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Hello,
Moab
2 0 2 1
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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
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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.
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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’
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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
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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
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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
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“
”
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
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# 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
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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
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W e r e a r e l a t i o n s h i p - b a s e d c i t y a n d B i r d w o r k s w i t h u s t o
u n d e r s t a n d o u r u n i q u e n e e d s a n d c h a l l e n g e s . W i t h a n y
n e w t e c h n o l o g y , w e a n t i c i p a t e a s t e e p l e a r n i n g c u r v e .
B i r d s t a n d s o u t b y b e i n g r e s p o n s i v e , r e s p o n s i b l e a n d
r e s p e c t f u l o f o u r c o m m u n i t y .
V i r g i n i a K o r t e (
C o u n c i l M e m b e r , S c o t t s d a l e
T h e R i d e r I n c e n t i v e s a n d y o u r f l e e t m a n a g e r s o n
t h e g r o u n d s e e m t o b e d o i n g a g o o d j o b m a n a g i n g
t h e d e v i c e s , f l e e t r e b a l a n c i n g , a n d o v e r a l l u s e r
p a r k i n g p e r f o r m a n c e . K e e p u p t h e g r e a t w o r k a n d
t h a n k y o u f o r t h e p a r t n e r s h i p !
A l y s s a M u t o (
D e p u t y D i r e c t o r o f E n v i r o n m e n t &