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17.04.010 Definitions: For the purposes of this chapter, the following terms, phrases and words shall have the meanings set forth in this section: A. "Approved spring" means a naturally occurring spring which: 1. Produces each day an amount of water equal to the minimum quantity and quality of water required by state law, Salt Lake County and the Salt Lake City ordinances, and Salt Lake City-County health department regulations for a residence within the watershed area; 2. Produces water which at all times meets at least the minimum health standards of state and Salt Lake City-County health department regulations; 3. Produces less than one hundred (100) gallons of water per minute during the period between September 15 and October 1; 4. Is not a watercourse or a tunnel, mineshaft, well or any other artificial structure; 5. The department of public utilities finds that the development of the spring will not have a substantial adverse effect upon wetlands created by such spring or the riparian zone below such spring; 6. The department of public utilities finds that the development of the spring will not cause any degradation of water quality under federal, state, county and city laws and regulations. B. "Aquifer" means an underground formation that contains and transmits groundwater. C. "Department" means the Salt Lake City-County health department. D. "Director" means the director of the Salt Lake City department of public utilities or his/her authorized representative. E. "Health director" means the director of the Salt Lake City-County health department or his/her authorized representative. F. "Limiting distance" means the distance by horizontal measurement from the normal bank of a stream or the high water line of a reservoir as determined by the department. G. "Nonpoint discharge" means any surface or subsurface discharge of wastewater to a designated watershed stream segment or tributary, from diffused source(s) or conveyance(s). H. "Owner" means any person who alone, jointly or severally with others: 1. Has legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or 2. Has charge, care or control of any premises, dwelling, or dwelling unit, as legal or equitable owner or agent of the owner, or an executrix, administrator, administratrix, trustee or guardian of the estate of the owner. I. "Person" means any individual, public or private corporation and its officers, partnership, association, firm, trustee, executor of any estate, the state or its departments, institution, bureau, agency, county, city, political subdivision or any legal entity recognized by law. J. "Point source discharge" means any surface or subsurface discharge of wastewater, treated or otherwise, to a designated watershed stream segment or tributary, from a discrete conveyance. K. "Pollution" means any manmade or man-induced alteration of the chemical, physical, geological, radiological or biological integrity of water under standards of the Utah state department of health or the environmental protection agency (EPA). L. "Putrescible material" means any organic material subject to biological decomposition with the production of offensive odors associated with anaerobic or facultative aerobic conditions, including, but not limited to, dead animals, garbage, manure, compost and vegetable matter. M. "Reservoir" means any natural or artificial lake or pond, except a stormwater detention basin. N. "Residence" means a single-family dwelling. O. "Salt Lake City watershed area or city watershed" means the watershed area supplying drinking water to the residents of Salt Lake City or the Salt Lake City water system for drinking or residential uses, including but not limited to: 1. All of Big Cottonwood watershed area lying east of the Salt Lake City water intake, which is located east of Wasatch Boulevard in the mouth of the canyon; 2. All of the Parley's Canyon watershed area lying north and east of the Salt Lake City Mountain Dell Reservoir Dam; 3. All of the City Creek Canyon watershed area lying north and east of Salt Lake City's City Creek treatment plant sludge beds; 4. All of the Little Cottonwood Canyon watershed area extending fifty feet on both sides of Little Cottonwood Creek east from the Little Cottonwood Creek radial gate intake structure, which structure is located approximately six hundred feet west of Wasatch Boulevard, east to the intersection of Little Cottonwood Road and the North Fort of Little Cottonwood Road and all of the watershed area east of the Little Cottonwood Canyon Road and North Fork of Little Cottonwood Road; 5. All of the Emigration Canyon watershed area that contributes water to Emigration Creek from Burr Fork and Killyon Canyon above a point at the intersection of State Highways 65 and 172; 6. Any other watershed area designated by law, either existing or to be defined in the future by the governing authority of Salt Lake City. P. "Sewage" means a combination of liquid or water-carried wastes produced by man, animal or fowl from residences, business buildings, institutions, industrial establishments, agriculture, recreation and other locations, including septic tanks, privy vaults and cesspools, together with ground, surface and stormwater. Q. "Superintendent of waterworks" means an official who, under the executive direction of a governing authority, has charge of all facets of the water supply and distribution systems in a given jurisdiction; in Salt Lake City it is the director. R. "Watercourse" means aqueducts, pipelines, natural or artificial streams or channels through or in which water at any time flows. S. "Watershed area" means the entire area in any canyon above the intake of the city within which water drains into any stream or tributary thereof or any artesian or flowing well basin and/or having an existing or proposed water intake of the city within which water drains into any stream, tributary, or aquifer where such waters are taken by or may be taken by the city into its waterworks system for the culinary and domestic use of the inhabitants thereof. T. "Waterworks system" means any facility used to divert surface or underground water into a system for distribution to culinary users, including but not limited to diversion works, treatment or appurtenant facilities, plants, aqueducts, pipes and other distribution facilities. U. "Well" means any artificially made pipe, shaft or hole sunk into the earth below the ground surface into a water bearing strata from which water may be taken. (Ord. 50-93 § 1 (part), 1993) 17.04.020 Preamble-Permit-Required for water use-Conditions. Preamble. Beginning in 1888, the city acquired extensive water rights to Wasatch Canyon stream flows through exchange agreements with irrigation companies and control over the city's watersheds through state and federal legislation. Under state law, the city can only sell its surplus water outside the city's limits. The city has determined that except for snowmaking, fire protection and water from possible canyon springs it does not have surplus water for sale in its watershed canyons. This determination is based upon the following: canyon waters are extremely valuable to the city because they are the city's closest high-quality water supplies; water from canyon streams can be delivered to most city customers by gravity flow without pumping; and water used for snowmaking affords a degree of storage as it is usually the last to melt. Additionally, the city has made major capital expenditures for facilities to treat water coming from the canyons and they operate most economically when they have greater quantities of water to treat. Also, controlling issuance of new permits for water supply in the watershed area hereunder is consistent with the city's 1989 Watershed Management Plan for the protection of the city's watersheds. A. No permits issued prior to enactment of the ordinance codified in this chapter may be amended except as to the sources of the water supply. No permit shall be amended to enlarge the service boundary or increase the water supply. B. No new use of Salt Lake City water in the watershed areas of the city shall be made by any individual whomsoever without such person first obtaining a permit for such water use from the city. Subject to the other terms of this chapter, a permit may be issued on an interruptible basis only to: 1. The owner, or lessee where the owner is a governmental entity, of property in a watershed area for the purpose of supplying water from an approved spring for a residence located on such property; 2. The owner, or lessee where the owner is a government entity, of property in a watershed area for snowmaking or fire protection; 3. The federal government, the state of Utah or a political subdivision thereof for the purpose of supplying water for use on property owned or leased for use by such governmental entity. C. The city shall not be required to issue a permit in any case, but may do so in its sole discretion as provided in this section. The city may include in any permit conditions for spring development or use. D. All permittees take water at their own risk where the source of supply is other than treated water from the regular city pipeline system, and all permits issued shall so state. E. When the approved spring which an applicant desires to use is a spring which is already being used under a permit from the city, the city shall not issue a new permit unless (1) utilization of the water from such spring by the applicant will not interfere with the supply to the other then existing permittees using such approved spring, (2) the then existing permittees using such approved spring who own a water system shall approve of such new connection to their system, except for the spring box or other spring capturing device, and (3) the existing permit shall be amended in a manner satisfactory to the then existing permittees and the city to take into account required conditions (1) and (2). The city retains the right to authorize a tap or connection for a new permittee to any spring box or other spring capturing device. F. An applicant for a permit may be required by the city to supply as part of the application an environmental report with respect to the proposed water system. G. Any change application required to be filed with the state engineer for the use of the water from an approved spring shall be filed by the permittee only with the city's prior written approval in the city's name at the permittee's sole expense. H. The geographic area served pursuant to an issued permit shall not be expanded beyond the original geographic area which is to be served under the permit on the date it is issued. (Ord. 50-93 § 1 (part), 1993) 17.04.050 Easements and service connections. An applicant for a permit must supply satisfactory evidence that the applicant will be able to provide at applicant's sole expense all easements necessary for the transportation of water from the approved spring to the point where it is to be used. All users shall make and maintain connections at their sole expense and shall construct and maintain at their sole expense any and all water lines, spring boxes, valves, etc., necessary to supply culinary water to their premises. All connections and appurtenances, both as to materials used and method of construction, shall be subject to the approval of the city. (Ord. 50-93 § 1 (part), 1993) 17.04.060 Permit-Revocation conditions. All permits issued pursuant to the provisions of this chapter shall be subject to revocation by the public utilities director, or health director, subject to review by the mayor. Permits may be revoked for any of the following causes: A. Nonpayment of water bills; B. Violation of any of the sanitary regulations now existing or which may hereafter be enacted pertaining to the watershed area by permittee or any of the permittee's family, licensees or agents; C. Waste of water due to any cause not immediately remedied by permittee; D. Use for any purpose other than those allowed by city permit; E. Violation of this chapter or any condition specified in a permit; F. The city has no surplus water; and G. Any other cause deemed necessary by the director or health director to protect the safety, health and welfare of the inhabitants of the city's water service area. (Ord. 50-93 § 1 (part), 1993) 17.04.065 Exchange of water rights. The city shall not be precluded from making agreements for the exchange of water rights within the city's watershed, or to resolve disputes involving existing water rights or alleged water rights, if the city determines that to do so is in the city's best interest. (Ord. 50-93 § 1 (part), 1993) 17.04.040 Permit-Rights permissive only. A. All permits issued pursuant to the provisions of this chapter shall be deemed to give permissive rights to the use of water only and such use shall be permitted only during periods when the city has surplus water for sale. Such permits shall be subject to immediate suspension or revocation when the city in its sole judgment determines that surplus water is no longer available from the city sources of supply. B. Except as otherwise provided above, permits shall have original terms of no more than thirty years and be renewable only upon such terms as the city shall determine in its sole discretion. (Ord. 50-93 § 1 (part), 1993) 17.04.030 Charges for use of water. The policies, rates or fees for sale of surplus water in the watershed area shall be recommended by the city's public utilities advisory committee and approved by the director of public utilities. All said policies, rates or fees are subject to review and approval of the city mayor and council. Such rates shall not exceed the city's special county water rates. (Ord. 50-93 § 1 (part), 1993) 17.04.070 Construction-Approval required-Conditions. It is unlawful to plan or construct any subdivision in a watershed area of the city without securing approval therefor in accordance with the provisions of this chapter. No subdivision in the watershed area shall be approved without compliance with the requirements set forth in Sections 17.04.080 through 17.04.130 or their successors, inclusive, of this chapter. (Ord. 50-93 § 1 (part), 1993) 17.04.080 Waste disposal system requirements. All applicants for a water use permit on the watershed area shall comply with all city, county, department and state waste disposal system regulations. (Ord. 50-93 § 1 (part), 1993) 17.04.090 Plans and other specifications. All applicants for a water use permit with the city's watershed areas shall submit to the proper governing authority all other plans, specifications and drawings required by applicable law or ordinances. (Ord. 50-93 § 1 (part), 1993) 17.04.100 Construction permit approval conditions. Approval by other agencies of the general subdivision layout shall not be considered approval for a water use permit. (Ord. 50-93 § 1 (part), 1993) 17.04.110 Sale of lots prior to construction approval. If any lot is sold before approval for construction and a water use permit has been issued by the director and the department, the seller must notify the buyer that construction has not been approved. (Ord. 50-93 § 1 (part), 1993) 17.04.220 Sewage disposal requirements. It is unlawful for any person: A. To deposit any human excreta within the city watershed (except that a backpacker or hiker may pothole and cover excreta with at least six inches of soil, and at least three hundred feet from live water) other than into a toilet connected to public sewerage or into a chemical type toilet approved by the health director. Other methods of disposal may be approved by the director or health director provided they do not create any health hazard or pollution problem. Vaults, privies, chemical privies and privies connected to holding tanks may be permitted with written approval of the director provided the effluent from such tanks is treated in conformance with the Utah State Department of Health Code of Waste Disposal Regulations and transported from the city watershed by a licensed scavenger to an authorized dumping station. It also is unlawful: 1. To construct, use or maintain any cesspool(s) for disposal of human waste anywhere within the city watershed; 2. To discard garbage or debris in the watershed area; 3. To damage, vandalize or destroy any authorized toilet or privy within the city watershed area without permission from the owner. B. Construction of any sewer lint in the city watershed area shall not begin until there is written approval received from the director and the health director. C. The director shall require the pumping of sewage storage vault(s) in accordance with applicable laws. D. A sewage disposal system or privy within any city watershed area shall be sealed immediately if it is unsanitary or does not comply with the requirements of applicable laws, ordinances or regulations. Such a facility may not be used until it conforms to the requirements of applicable laws, ordinances or regulations. It is unlawful for any person to use or maintain any such facility after it has been sealed in accordance with the provisions of this section. E. When the director or health director determines that a privy or other source of pollution is a hazard to the watershed or water supply system, or both, and the hazard cannot be adequately remedied or corrected, the director or health director shall order the destruction and removal of the privy or source of pollution. Cost of all remedies shall be borne by the owner. (Ord. 50-93 § 1 (part), 1993) 18.56.070 Low Flush Toilets-On Watershed Property: After January 1, 1982, any toilets installed prior to the effective date hereof which are located on watersheds in Salt Lake County, or canyons contiguous to these watersheds, shall be replaced with toilets or water closets which meet the standards for new construction or remodeling specified in section 2-5-29 of the revised ordinances of Salt Lake County, 1965, or its successor, as amended. (Prior code § 5-14-7 17.04.120 Livestock-At large prohibited-Permits. No livestock shall be allowed, such as, but not limited to, cattle, horses, sheep, hogs, or any other domestic animals to run at large within the city's watershed area, except where such livestock are permitted in writing by the director or health director. (Ord. 50-93 § 1 (part), 1993) 17.04.130 Livestock-Prohibited near streams. Animals Not to Water from Stream. Except as permitted in writing by the director, no person shall permit any horses, cattle, sheep, hogs or other animals to water directly from a stream in a watershed area. 17.04.140 Livestock-Deemed estrays when-Impoundment. Whenever any loose cattle, horses, sheep, hogs or other animals are found within the watershed area of the city, as herein defined, without a written permit form the director, the director shall cause any such animals to be impounded and dealt with according to law. (Ord. 50-93 § 1 (part), 1993) 17.04.150 Corrals and other structures prohibited. No person shall construct or maintain any corral, sheep pen, pigpen, chicken coop, stable, or any other such structure or outhouse within Salt Lake City's watershed areas, except as permitted in writing by the director. (Ord. 50-93 § 1 (part), 1993) 17.04.160 Dogs-Permit requirements. Owners or lessees of residences located within the Salt Lake City watershed area may be allowed to maintain a dog within the watershed areas of the city only with and subject to a written permit from the director. A. Applicants shall submit to the Salt Lake County division of animal control certification of property ownership within city's watershed, or if a lessee, an owner's certification. B. Applicants for such permits must submit a request to the department and obtain prior written approval, which must include their proposed method of housing and fencing in the dog. Such housing and the fenced enclosure shall be maintained in a clean and sanitary condition at all times and subject to inspection at any time by proper authorities. C. Applicants shall submit their proposed method of animal waste disposal for prior approval. Fecal waste must be disposed of on a daily basis in a manner approved by the city-county health department so as to prevent contamination of the watershed area. D. Proposed applicants will sign a written statement certifying that they agree to be governed and will abide by the following: 1. That the enclosure used for the keeping of the dog will be maintained in a clean and sanitary condition at all times; 2. That all dog fecal waste will be cleaned up on a daily basis and disposed of in an acceptable manner; 3. That the dog will not be allowed off the owner's property, even if it is on a leash, except when it is entering or leaving the property in a vehicle. At these times, when the animal is outside its enclosure, the animal must be on a leash; 4. All permitted dogs shall wear special designation tags at all times. 5. No more than one dog permit will be allowed for any residence. 6. Owners of permitted dogs shall be subject to Salt Lake County animal control regulations and the Salt Lake City and County Watershed Regulations except as specified above. E. Applicants shall pay the regular dog fees for keeping of such animal plus a special permit fee of twenty-five dollars to the Salt Lake County division of animal control for keeping the animal in city watershed areas. Prior to the issuance of any such permit, applicants shall submit a surety bond acceptable in force to the city-county health department, or cash in the amount of one hundred dollars, to insure compliance with the above regulations. F. Any dog permit owner who is found to be in violation of any of the above requirements shall forfeit such person's dog permit and the required bond or cash to the city-county health department. Permit owners shall also be subject to all other applicable fines and penalties as required by law. Should an applicant whose permit and bond have been forfeited desire to apply for another such permit, the same fees shall be required, but the required bond shall be in the sum of three hundred dollars. After a second forfeiture the required bond shall be five hundred dollars. (Ord. 50-93 § 1 (part), 1993) 17.04.170 Dogs-Prohibited in designated areas. It is unlawful for any owner or person keeping, harboring, having charge or control of any dog, to permit such dog to be taken into or allowed to run loose or on a leash within the following described watershed areas: A. All of the Big Cottonwood Watershed area lying east of the city water intake, which is located east of Wasatch Boulevard in the mouth of said canyon; B. All canyon watershed areas except when being transported in a motor vehicle in Parleys Canyon, on county roads or state highways or in canyon watershed areas, by permit from the director; C. All of the City Creek Canyon watershed area lying north and/or east of Salt Lake City's City Creek treatment plant sludge beds and in other areas of City Creek Canyon above the entrance when a written permit is required by the director. (Ord. 50-93 § 1 (part), 1993) 17.04.180 Rules and regulations. The director and health director are authorized and directed to prescribe rules and regulations not contrary to law, for governing all matters of sanitation within the Salt Lake City watershed area. (Ord. 50-93 § 1 (part), 1993) 17.04.190 Garbage and sewage disposal system supervision. Approvals for the location, construction and maintenance of all garbage or sewage disposal systems, vaults and privies, and the disposal of garbage and human waste, shall be under the direct supervision and control of the director and/or the health director. (Ord. 50-93 § 1 (part), 1993) 17.04.200 Water-using facilities-Permit required. It is unlawful for any person to construct, use or maintain any closet, privy, outhouse, cesspool, urinal or sewage disposal system, or any public bathhouse, swimming tank or swimming pool at any place within the watershed area of the city, as defined in this chapter, unless such closet, privy, outhouse, cesspool, urinal or sewage disposal system, public bathhouse, swimming tank or other such facility is provided with effective germ-destroying appliances, and without first having obtained from the director and health director a permit for the construction, use and maintenance of same. (Ord. 50-93 § 1 (part), 1993) 17.04.210 Sanitary sewage disposal system required. Any person who owns, operates, maintains or permits the use of any house, cottage, cabin, human habitation or camping place shall be required to provide and maintain a sewage disposal system satisfactory to the director and health director, and upon such person's failure to do so, the health director shall have and there is conferred upon the director the authority to close, seal and prevent the use of such house, cabin, human habitation or camping place. (Ord. 50-93 § 1 (part), 1993) 17.04.220 Sewage disposal requirements. It is unlawful for any person: A. To deposit any human excreta within the city watershed (except that a backpacker or hiker may pothole and cover excreta with at least six inches of soil, and at least three hundred feet from live water) other than into a toilet connected to public sewerage or into a chemical type toilet approved by the health director. Other methods of disposal may be approved by the director or health director provided they do not create any health hazard or pollution problem. Vaults, privies, chemical privies and privies connected to holding tanks may be permitted with written approval of the director provided the effluent from such tanks is treated in conformance with the Utah State Department of Health Code of Waste Disposal Regulations and transported from the city watershed by a licensed scavenger to an authorized dumping station. It also is unlawful: 1. To construct, use or maintain any cesspool(s) for disposal of human waste anywhere within the city watershed; 2. To discard garbage or debris in the watershed area; 3. To damage, vandalize or destroy any authorized toilet or privy within the city watershed area without permission from the owner. B. Construction of any sewer lint in the city watershed area shall not begin until there is written approval received from the director and the health director. C. The director shall require the pumping of sewage storage vault(s) in accordance with applicable laws. D. A sewage disposal system or privy within any city watershed area shall be sealed immediately if it is unsanitary or does not comply with the requirements of applicable laws, ordinances or regulations. Such a facility may not be used until it conforms to the requirements of applicable laws, ordinances or regulations. It is unlawful for any person to use or maintain any such facility after it has been sealed in accordance with the provisions of this section. E. When the director or health director determines that a privy or other source of pollution is a hazard to the watershed or water supply system, or both, and the hazard cannot be adequately remedied or corrected, the director or health director shall order the destruction and removal of the privy or source of pollution. Cost of all remedies shall be borne by the owner. (Ord. 50-93 § 1 (part), 1993) 17.04.230 Garbage or human waste disposal-Permit required. It is unlawful for any person other than Salt Lake County to collect or dispose of garbage or human waste within the watershed areas described in this chapter without a permit from the health director, and no such permit shall be granted to any person except a licensed scavenger and then only with the equipment that has already been approved for such work by the health director. (Ord. 50-93 § 1 (part), 1993) 17.04.240 Septic tanks-Permit conditions. Septic tanks and/or drain fields may be used for the disposal of wastewater from sinks, washbowls and bathtubs (gray water). The location and construction of the same must be approved by written permit granted by the director or health director. (Ord. 50-93 § 1 (part), 1993) 17.04.250 Chemical toilets or privies. Chemical toilets or privies shall be installed and used within the city's watershed only with the prior written approval of the director or health director. (Ord. 50-93 § 1 (part), 1993) 17.04.260 Sanitary facilities-Alterations. No person shall alter any existing, or construct or install, any new receptacle for human excreta without first having the plans thereof approved by the health director and director and all receptacles for human excreta shall be operated and maintained in a manner approved by the director and the health director. (Ord. 50-93 § 1 (part), 1993) 17.04.270 Sanitary facilities-Emptying requirements. A. All values or other approved receptacles used by any person for storage or human excreta shall be emptied completely at least once each year. Additionally, whenever the level of human excreta in such vault or receptacle is allowed to reach eighty percent (80%) of capacity or a point twelve (12) or less inches below any removal or leakage point, or the ceiling of such vault or receptacle, whichever point is lower, a notice of violation will be issued to the owner or operator of the facility using such vault or receptacle, allowing twenty four (24) hours for complete removal of such excreta. Upon any failure to comply with a notice to remove all excreta within twenty four (24) hours, the house, cabin, human habitation or camping place, or other facility involved in such notice shall be closed and sealed to prevent its use until the owner or operator of such facility complies herewith. All owners and others having control over the use of such vaults are encouraged to keep the level of excreta below sixty percent (60%) of the vault's capacity to allow sufficient reserve for emergencies. B. No person shall fail to exercise the necessary care to prevent contamination of any spring, marsh, watercourse, water source or reservoir within the watershed area of the city in emptying a vault or other approved receptacle, or to fail to provide such transportable receptacle with a tightly fitting cover, securely fastened during the process of removal to the place of ultimate disposal, or to transport such transportable receptacle except by a licensed scavenger service. (Ord. 50-93 § 1, 1993) 17.04.280 Hauling Of Human Waste Required: The effluent from any tank or privy for human excreta must be hauled (by a licensed scavenger) at the cost of the owner or occupant to an approved sewage disposal site. (Ord. 50-93 § 1,1993) 17.04.290 Prohibited Location Of Toilet Vaults: No person shall construct, locate or maintain any vault for the deposit or storage of human excreta within one hundred (100) lineal feet from the edge of any spring, marsh, watercourse, water source or reservoir within the watershed area of the city, or at any place or in such manner as to contaminate or threaten to contaminate the same. (Ord. 50-93 § 1, 1993) 17.04.300 Unlawful To Break Condemning Seal: It is unlawful for any person to break or remove any seal placed by the health director, or any deputy or inspector acting under the health director's direction, upon any privy, closet, urinal or other place where human waste is deposited, or to use any such place so sealed until the nuisance is abated. (Ord. 50-93 § 1, 1993) 17.04.310 Nuisances Prohibited: It is unlawful for any person to commit any nuisance whatsoever in any watershed area of the city. (Ord. 50-93 § 1, 1993) 17.04.320 Pollution Of Canyon Waters Prohibited: It is unlawful for any person to do or allow to be done any act that will pollute any source of water of the city, and in particular, it is unlawful for any person to do or allow to be done any of the things described in this chapter in any canyon or along any stream of water used by the inhabitants of the city for water supply anywhere within the watershed area of the city. (Ord. 50-93 § 1, 1993) 17.04.330 Prohibited Acts: It is unlawful for any person to bathe, swim or wash clothes, diapers, eating or cooking utensils, or any other object of any kind in any spring, marsh, watercourse, water source, water stream or reservoir within the city watershed. (Ord. 50-93 § 1, 1993) 17.04.340 Camping And Campfire Restrictions: A. Picnicking And Camping: No person shall spread or eat any picnic or lunch at places forbidden or unauthorized by the director or health director, who may require that picnicking or camping be confined to certain designated places. Except as stated below, no person shall camp overnight within the city's watershed areas, except within areas authorized, designated and posted as campgrounds for overnight camping during the camping season as designated by the director or the United States forest service, and except in connection with backpacking where the campsite is at least one-half (1/2) mile from any access or other roadway and at least two hundred feet (200') (61 m) from any spring, stream or other water source. B. Restrictions From Campfires And Smoking: The director shall have power and authority to erect all signs necessary to forbid the making or having campfires, bonfires, or any other kind of combustible material ignited, and to prohibit smoking, except in designated places, in any of the watersheds under the jurisdiction of the director. The director may set aside certain areas in city watersheds in which campfires and smoking may be restricted or prohibited. (Ord. 50-93 § 1, 1993) 17.04.350 Glass Breakage Prohibited: No person shall throw or break bottles or glass anywhere within the watershed area. (Ord. 50-93 § 1, 1993) 17.04.360 Garbage Deposit Prohibited: No person shall throw or deposit any garbage or other refuse matter of any kind anywhere within the city watershed, except into a garbage disposal site or container designated by the health director. (Ord. 50-93 § 1, 1993) 17.04.370 Putrescible Material Prohibited: No person shall deposit any garbage, vegetable or any putrescible matter in any spring, marsh, watercourse, water source or reservoir within the watershed of the city, or put the same into or upon the ground within the city watershed unless sufficient and adequate provisions are first made to prevent their being washed or carried into any such water source or supply. No person shall deposit, pile, unload or leave any garbage or other refuse or putrescible material at any place within the "watershed area" as herein defined. (Ord. 50-93 § 1, 1993) 17.04.375 Herbicide, Pesticide And Fertilizer Restrictions: A. Use ProhibitedÂException: The outdoor use of herbicides, pesticides and fertilizers in any watershed area is prohibited, except in accordance with a permit for such use issued by the director. On or before July 1, 2001, the director shall adopt regulations governing the issuance of such permits. Such regulations shall identify chemicals, or specify the procedure for identifying chemicals, the use of which in watershed areas: 1) are determined by the director to be beneficial to the watersheds, such as herbicides to eradicate nonnative plant species, or to save native plants from insect pests, or 2) are demonstrated by the applicant to the satisfaction of the director to have no adverse impact on watershed or watershed ecosystems. Such regulations shall also include approved application methods, and may limit herbicide/pesticide application to licensed professionals. In adopting such regulations and making all required determinations, the director may rely on accepted industry and trade literature, studies or other information, taking into account special circumstances relating to the watershed areas. Public safety, the cost of water treatment and the long-term protection of the watershed shall be given priority over any other considerations. Regulations so adopted may be revised from time to time as the director deems appropriate. Permits shall be issued only in accordance with regulations so adopted and revised by the director. 17.04.380 Interfering With Officers Prohibited: It is unlawful for any person to interfere with, molest, hinder or obstruct the director, the health director, law enforcement officers or any of their agents or employees while in the performance of the duties imposed by this chapter. (Ord. 50-93 § 1, 1993) 17.04.390 ViolationPenalty: Any person violating any provision of this chapter shall be punished by a fine in any sum less than one thousand dollars ($1,000.00), or by imprisonment not to exceed six (6) months, or both such fine and imprisonment. (Ord. 50-93 § 1, 1993) 17.04.400 Trespassing: A. It is unlawful for any person to take down any fence, or to let down any bars, or to open any gate so as to expose any enclosure, or to ride, drive, walk, lodge, or camp or sleep upon the premises of another within the city watershed without the permission of the owner or occupant thereof. B. It is unlawful for any person to operate any type of motor vehicle (including, but not limited to, motorcycles, trail bikes, bicycles, dune buggies, motor scooters or jeeps) upon the private property of another, within the city watershed without first obtaining the written permission of the person in lawful possession of the property or, if the property is unoccupied, the owner of such property. C. It is unlawful for any person to operate any type of motor vehicle (including, but not limited to, motorcycles, trail bikes, bicycles, dune buggies, motor scooters or jeeps) upon any public property, within the city watershed except within designated streets, highways or alleys, without first obtaining the written permission of the public entity which is in possession of such property or, if the property is unoccupied, the public entity which owns such property. D. Every person who operates any type of motor vehicle upon the private property of another or upon any public property, except as hereinabove provided, at all times while so operating such motor vehicle shall maintain in his possession the written permission required by the two (2) preceding subsections, except that, if the same document grants permission to two (2) or more persons a person named in such document need not have it in his possession while another person named in the same document, riding in the same group and not more than three hundred feet (300') from such person, has such document in possession. E. This article does not prohibit the use of such property by the following: 1. Emergency vehicles; 2. Vehicles of commerce in the course of normal business operations. (Ord. 50-93 § 1, 1993) 17.04.410Applications For Appropriations Of WaterProtests: It is the city's general policy to file a protest with the state engineer with respect to any application which is inconsistent with this chapter or with respect to a use for which no permit has been issued pursuant to this chapter, including, without limitation, changes in place of diversion, purpose of use, importation of water from other watersheds, drilling of wells, and transfer of water rights into watershed areas; provided, however, that the city's director of public utilities and the city attorney shall determine whether to file such a protest in any particular case. (Ord. 50-93 § 1, 1993) 17.04.42 Watershed Improvement Act: Salt Lake City Corporation adopts by reference as though fully stated herein, the Salt Lake City watershed improvement act of 1990, Public Law 101-634 (the act), enacted by the senate and house of representatives of the United States of America and approved on November 28, 1990. The city accepts and will abide by the terms of the act. (Ord. 50-93 § 1, 1993) 17.08.010Rules And Regulations: In addition to all of the requirements set forth in division I of this title pertaining to watershed areas, City Creek Canyon shall be subject to the rules set forth in this chapter, and it is unlawful for any person to do or permit to be done any of the things set forth in this chapter in City Creek Canyon or in City Creek. (Ord. 50-93 § 2, 1993) 17.08.020Reservation And Fee Payment Required: City Creek Canyon will be closed to public vehicular traffic except by reservations and payment of fees for the use of canyon picnic facilities. (Ord. 50-93 § 2, 1993) 17.08.030 Picnic FacilitiesReservation Fees: Any person or group desiring to reserve picnic facilities shall pay a fee for the use of such facilities as determined by the public utilities advisory committee and approved by the director. (Ord. 50-93 § 2, 1993) 17.08.040 Driving Restrictions: It is unlawful for any person to drive, ride or propel, or cause or permit to be driven, ridden or propelled, any vehicle in the canyon at a speed exceeding posted speed limits or is too fast to existing conditions or is greater than is reasonable and safe, or so as to endanger life, limb or property in any respect whatever, or upon approaching any bridge, sharp curve, dugway or descent, or traversing such bridge, curve, dugway or descent, to fail to have such vehicle under control at all times. (Ord. 50-93 § 2, 1993) 17.08.050 Animals: Animals in City Creek Canyon are subject to the provisions of section 17.04.160, or its successor, of this division. (Ord. 50-93 § 2, 1993) 17.08.060 Breaking Glass Prohibited: No person shall break bottles or glass anywhere within City Creek Canyon. (Ord. 50-93 § 2, 1993) 17.08.070 Camping Prohibited: It is unlawful for any person to camp on any land within City Creek Canyon. (Ord. 50-93 § 2, 1993) 17.08.080 Fires ProhibitedException: No person shall build any fire except in a clearly designated fireplace or in an area set aside by the city for fires. (Ord. 50-93 § 2, 1993) 17.08.090 Firearm Discharge Restrictions: No person shall discharge any firearm, within the City Creek watershed area, except in areas allowed for game hunting under section 11.48.060, or its successor, in this code. (Ord. 50-93 § 2, 1993) 17.08.100 Vegetation, Trees And ShrubberyÂPermit Required For Removal: It is unlawful for any person to dig up, cut down, injure, carry off, or remove in any manner, vegetation, wood or underwood, tree or timber, or branches of trees or shrubbery within or from City Creek Canyon except by permit from the director. (Ord. 50-93 § 2, 1993) 17.08.110 Nuisances Prohibited: No person shall commit or permit any nuisance to exist in the canyon. (Ord. 50-93 § 2, 1993) |