City Code
Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted. If you have questions about the Tooele City Code or for the most recent update, please call 435.843.2120 or email attorney@tooelecity.gov.
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Title 1 Chapter 1 City Code
Click Here for a printable .pdf copy of Title 1 Chapter 1
The Codification of the Ordinances of Tooele City shall be known as the “Tooele City Code.” The Code shall be divided into Titles, Chapters and Sections and reference thereto shall be made in that order.
(Ord. 87-24, 01-02-88)
(Ord. 87-24, 01-02-88)
This city code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the City of general and permanent effect.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
All ordinances amending the Tooele City Code shall include the citation reference to Title, Chapter and Section being added, repealed or otherwise amended. Such reference shall satisfy all statutory or common law requirements of adoption by ordinance, as long as the said amendment is adopted by ordinance. All such amendments shall be drafted in such form as they will appear in the Tooele City Code, and shall be prepared for insertion within the volumes of the Tooele City Code within 30 days of its final passage.
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
Whenever any word in any section of this City Code importing the plural number is used, in describing or referring to any matters, parties, or persons, any single matter, party, or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this City Code by words importing the singular number only, or the masculine gender, several matters, parties, persons and females as well as males and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this City Code which contains any express provision excluding such construction or where the subject matter or content may be repugnant thereto.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
In the determination of the provisions of each section of this Code the following rules shall be observed:
(1) Intent to Defraud: Whenever an intent to defraud is required in order to constitute an offense, it shall be sufficient if an intent appears to defraud any person.
(2) Liability of Employers and Agents: When the provisions of any section of this City Code prohibit the commission of an act, not only the person actually doing the prohibited act or omitting the directed act, but also the employer and all other persons concerned with or in aiding or abetting the said person shall be guilty of the offense described and liable to the penalty set forth.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
All pages in addition to those occurring in the Tooele City Code prior to amendment shall be numbered consecutively using a decimal system to designate the additional pages, beyond the page where the additional pages are inserted, with the principal number being the number of the previous page, and the additional pages being numbered with decimals commencing with the number 0.1 and running in sequence to the furthest number necessary. For example, if following page 25, forty five additional pages were added by amendment to the Tooele City Code, the first additional page would be designated page 25.1 and the last additional page would be number 25.45.
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
Whenever the Tooele City Code shall be amended by ordinance, the reference number of the amending ordinance and the date of its passage shall be provided in parenthesis following the ordinance amendment. Such reference data shall serve as legislative history only.
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
All additional pages inserted into the Tooele City Code shall include, in addition to the pagination requirements of section six of this title and chapter, a reference in parenthesis at the bottom of the page to the date the said sheets are prepared for insertion into the said Tooele City Code.
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
The Tooele City Code shall become effective on July 4, 1976.
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
(1) The provisions of this Code shall govern the construction of, the punishment for, and defenses against any offense defined in this Code, or except where otherwise specifically provided or the context otherwise requires, any offense defined outside this code; provided such offense was committed after the effective date of this code.
(2) Any offense committed prior to the effective date of this Code shall be governed by the law existing at the time of commission thereof, except that a defense or limitation on punishment available under this Code shall be available to any defendant tried or retried after the effective date. An offense under the laws of this City shall be deemed to have been committed prior to the effective date of this Code if any of the elements of the offense occurred prior thereto.
(Ord. 76-4, 02-09-76)
(Ord. 76-4, 02-09-76)
The rule that a penal statute is to be strictly construed shall not apply to this Code, any of its provisions, or any offense defined by the laws of this City. All provisions of this Code and offenses defined by the laws of this City shall be construed according to the fair import of their terms to promote justice and to effect the objects of the law.
(Ord. 76-4; 02-09-76)
(Ord. 76-4; 02-09-76)
Should any phrase, sentence, section or chapter of this Tooele City Code be determined to be invalid for any reason by any court of competent jurisdiction where in the validity of the said phrase, sentence, section or chapter was at issue, the invalidity of said provision shall not affect the balance of this Tooele City Code and said provision shall be considered severable from the balance to the extent the meaning and clear intent of the balance of this Code is not affected.
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
Title 1 Chapter 2 Saving Clause
Click Here for a .pdf copy of Title 1 Chapter 2
All general ordinances of the City passed prior to the adoption of this City Code are hereby repealed, except such as are referred to herein as being still in force or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following section), from which are excluded the following ordinances which are not hereby repealed; tax levy ordinances; appropriation ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations, contract ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to election; ordinances relating to the transfer or acceptance of real estate by or from the City; and all special ordinances.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
No ordinances relating to railroads or railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this City Code or by virtue of the preceding Section, excepting as this City Code may contain provisions for such matters, in which case this City Code shall be considered as amending such ordinance or ordinances in respect of such provisions only.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect.
This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
Nothing contained in this or the preceding Section shall be construed as abating any action now pending under or by virtue of any general ordinance of the City herein repealed; or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any ordinance or provision thereof in force at the time of the adoption of this City Code.
(Ord. 67-3, 08-14-67)
This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
Nothing contained in this or the preceding Section shall be construed as abating any action now pending under or by virtue of any general ordinance of the City herein repealed; or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any ordinance or provision thereof in force at the time of the adoption of this City Code.
(Ord. 67-3, 08-14-67)
Title 1 Chapter 3 Definitions
Click Here for a .pdf copy of Title 1 Chapter 3
Whenever the following words or terms are used in this Code they shall have the meaning herein ascribed to them, unless the content makes such meaning repugnant thereto, and unless otherwise more specifically defined elsewhere in this Code:
AGENT: The word “Agent” as used in this Code shall mean a person acting on behalf of another.
CITY: The word “City” as used in this Code shall mean the City of Tooele.
CODE: The word “Code” unless otherwise specifically stated, shall mean the Tooele City Code.
EMPLOYEES: Whenever reference is made in this Code to a City employee by title, this shall be construed as though followed by the words, “of the City of Tooele,” and shall include authorized designees of the referenced employee.
FEE: The word “Fee” as used in this Code shall mean a sum of money charged by the City for the City services rendered or for activities regulated.
KNOWINGLY: The word “Knowingly” imports only a knowledge that the fact exists which brings the act or omission within the provisions of this Code. It does not require any knowledge of the unlawfulness of such act or omission.
LICENSE: The word “License” as used in this Code shall mean the permission granted for the carrying on of a business, profession or occupation.
MISDEMEANOR: The word “Misdemeanor” shall mean any offense deemed a violation of the provisions of this Code which is a lesser offense than a felony and a greater offense than an infraction, both as defined by State law.
NEGLIGENT: The word “Negligent”, as well as “Neglect”, Negligence”, and “Negligently” imports a want of such attention to the nature of probable consequences of the act or omission as a prudent person ordinarily bestows in acting in his or her own concern.
OCCUPANT: The word “Occupant” applied to a building or land shall include any person who occupies the whole or any part of such building or land whether alone or with others.
OFFENSE: The word “Offense” shall mean any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.
OFFICERS: Whenever reference is made in this Code to a City officer by title only, this shall be construed as though followed by the words of the City of Tooele, and shall include authorized designees of the referenced officer.
OPERATOR: The word “Operator” as used in this Code shall mean the person who is in charge of any operation, business, or profession.
OWNER: The word “Owner” applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant, or lessee of the whole or of a part of such building or land.
PERSON: The word “Person” shall include the singular and the plural and shall also mean and include any person, firm, corporation, association, partnership, or any other form of association or organization.
PERSONAL PROPERTY: The term “Personal Property” shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished and every right or interest therein.
RETAILER: The word “Retailer” as used in this Code, unless otherwise specifically defined shall be understood to relate to the sale of goods, merchandise articles or things in small quantities directly to the consumer.
STREET: The word “Street” shall include alleys, lanes, courts, boulevards, public ways, roads and road rights-of-way, public squares, public places, and sidewalks.
TENANT: The word “Tenant” applied to a building or land shall include any person who occupies the whole or any part of such building or land whether alone or with others.
WHOLESALER: The word “Wholesaler” and “Wholesale Dealer” as used in this Code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles, or things in quantity to persons who purchase for the purpose of resale or retail sales.
WILFULLY: The term “Wilfully” when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire an advantage.
(Ord. 2014-17, 11-05-2014) (Ord. 2004-15, 10-20- 2004) (Ord. 1997-14, 03-19-1997) (Ord. 1987-24, 01- 02-1988) (Ord. 1978-17, 07-13-1978) (Ord. 1976-26, 11-11-1976) (Ord. 1967-3, 08-14-1967)
Title 1 Chapter 4 Punishments
Click Here for a .pdf copy of Title 1 Chapter 4
(1) Whenever acting or failing to act constitutes a violation of any section or provision of this Tooele City Code, and no classification of offense, fine, or sentence is specifically found to apply to the violation, the provisions of this chapter shall apply.
(2) Each 24-hour period in which a violation of any section or provision of this Code occurs shall constitute a separate offense.
(Ord. 2017-06, 02-15-2017) (Ord. 1994-54, 11-08-1994)
An offense designated a misdemeanor in this Code or in another law, without specification as to punishment or category, is a class B misdemeanor. Any offense which is an infraction within this Code is expressly designated as such.
(Ord. 2017-06, 02-15-2017) (Ord. 1994-54, 11-08-1994)
(Ord. 2017-06, 02-15-2017) (Ord. 1994-54, 11-08-1994)
(1) A person who has been convicted of a misdemeanor under this Code may be sentenced to imprisonment as follows:
(a) in the case of a class B misdemeanor, for a term not exceeding six months;
(b) in the case of a class C misdemeanor, for a term not exceeding 90 days.
(2) A person convicted of an offense may be sentenced to pay a fine, not exceeding:
(a) $1,000 when the conviction is for a class B misdemeanor, plus applicable state surcharges;
(b) $750 when the conviction is for a class C misdemeanor or infraction, plus applicable state surcharges.
(3) Subsection (2) does not apply to a corporation, association, partnership, government, or governmental instrumentality, or other business entity.
(4) The sentence to pay a fine, when imposed upon a corporation, association, partnership, government or governmental instrumentality, or other business entity for an offense defined in this Code shall be to pay an amount, fixed by the court, not exceeding:
(a) $5,000 when the conviction is for a class B misdemeanor, plus applicable state surcharges;
(b) $1,000 when the conviction is for a class C misdemeanor or for an infraction, plus applicable state surcharges.
(Ord. 2017-06, 02-15-2017) (Ord. 1994-54, 11-08-1994)
(Ord. 2017-06, 02-15-2017) (Ord. 1994-54, 11-08-1994)
Any person found guilty of violating any provision of this Code, when the violation necessarily includes the violation of the terms of any license or permit issued to the person by Tooele City, shall be subject to revocation of the license or permit upon a hearing held pursuant to the procedures of Chapter 5-1 and Chapter 1-28, as applicable.
(Ord. 2017-06, 02-15-2017) (Ord. 1994-54, 11-08-1994)
(Ord. 2017-06, 02-15-2017) (Ord. 1994-54, 11-08-1994)
No provision of this City Code designating the duties of any city officer or employee shall be so construed as to make the officer or employee liable for any fine or penalty provided under this Code for a failure to perform such a duty, unless the intention of the City Council to impose a fine or penalty on the officer or employee is specifically and clearly expressed in the Code provision creating the duty.
(Ord. 2017-06, 02-15-2017) (Ord. 1994-54, 11-08-1994)
(Ord. 2017-06, 02-15-2017) (Ord. 1994-54, 11-08-1994)
When a penalty for a violation of the City Code includes any possibility of imprisonment, Tooele City will provide legal counsel to an indigent accused as required by the United States Constitution, the Utah Constitution, and the Utah Code.
(Ord. 2018-10, 07-18-2018)
(Ord. 2018-10, 07-18-2018)
Title 1 Chapter 5 City Council
(a) in accordance with UCA Section 52-4-202; and,
(b) by posting written notice at the anchor location.
(Ord. 2020-16, 03-18-2020)
(Ord. 1994-12, 03-22-1994)
Click Here for a .pdf copy of Title 1 Chapter 5
As used in this chapter:
(1) “Meeting” means the convening of the Tooele City Council, with a quorum present, whether in person or by means of electronic equipment, for the purpose of discussing or acting upon a matter over which the council has jurisdiction or advisory power.
(2) “Convening” means the calling of a meeting of the city council by the council chairperson, the mayor or any three members of the council, for the express purpose of discussing or acting upon a subject over which the council has jurisdiction.
(3) “Quorum” means three or more members of the council.
(Ord. 1994-12, 03-22-1994)
The governing body of Tooele City is a council composed of five people elected at large in the manner and for the terms prescribed by law. The city council shall exercise the legislative powers of the city.
(Ord. 1994-12, 03-22-1994)
(Ord. 1994-12, 03-22-1994)
The city council shall, by order entered in the minutes, select one of their number to act as chairperson. Pending selection of a chairperson, the city recorder shall preside for the sole purpose of the chairperson selection.
(Ord. 1994-12, 03-22-1994)
(Ord. 1994-12, 03-22-1994)
(1) The city council shall hold at least one public meeting each month. The date, time and place of such meetings shall be set by ordinance.
(2) Special meetings may be called by the council chairperson or any three council members, provided that at least 24 hours notice is given by the city recorder to each councilmember. No business shall be transacted at any special meeting except that stated in the noticed agenda.
(Ord. 2012-11, 04-04-2012) (Ord. 1994-12, 03-22-1994)
(1) Every meeting of the city council is open to the public unless closed pursuant to Subsections (2) and (3).
(2) A closed meeting may be held upon the affirmative vote of a quorum present at an open meeting for which notice is given pursuant to Section 1-5-6. No closed meeting is allowed except as to matters declared in Subsection (3); provided, no ordinance, resolution, rule, regulation, contract, or appointment shall be approved at a closed meeting. The reason or reasons for holding a closed meeting and the vote, either for or against the proposition to hold such a meeting, cast by each member by name shall be entered on the minutes of the meeting. Nothing in this chapter shall be construed to require any meeting to be closed to the public.
(3) A closed meeting may be held for any purposes allowed by Utah law, including the following:
(a) discussion of the character, professional competence, or physical or mental health of an individual;
(b) strategy sessions with respect to collective bargaining, pending or reasonably imminent litigation, or the purchase, exchange, lease, or sale of real property, including water rights;
(c) discussion regarding deployment of security personnel, systems, or devices;
(d) investigative proceedings regarding allegations of criminal misconduct.
(4) This chapter shall not apply to any chance meeting or social meeting. No chance meeting or social meeting shall be used to circumvent this Chapter.
(Ord. 2012-11, 04-04-2012 (Ord. 94-12, 03-22-1994)
(1) The city council shall give public notice at least once each year of its annual meeting schedule as provided in this section. The public notice shall specify the date, time, and place of such meetings.
(2) In addition to the notice requirements of Subsection (1), the council shall give not less than 24 hours’ public notice of the agenda, date, time and place of each of its meetings.
(3) Public notice shall be satisfied by:
(a) posting written notice at Tooele City Hall;
(b) providing notice to
(i) at least one newspaper of general circulation within Tooele City, or
(ii) a local media correspondent; and,
(c) posting written notice on the Utah Public Notice Website.
(4) When because of unforeseen circumstances it is necessary for the council to hold an emergency meeting to consider matters of an emergency or urgent nature, the notice requirements of Subsection (2) may be disregarded and the best notice practicable given. No such emergency meeting of the council shall be held unless an attempt has been made to notify all of its members and a majority votes in the affirmative to hold the meeting.
(Ord. 2012-11, 04-04-2012) (Ord. 1994-12, 03-22-1994)
(1) Pursuant to the authority of the Tooele City Charter and the Utah Code, the Tooele City Council may convene and conduct electronic meetings, as defined in the Utah Open and Public Meetings Act, in accordance with this Section.
(2) The anchor location for an electronic meeting shall be Tooele City Hall.
(3) The City Recorder and at least one City Council member shall attend an electronic meeting at the anchor location.
(4) To schedule an electronic meeting, a member of the City Council shall make a request to the Council Chairperson for the meeting at least three days before the meeting, except as provided in Section 1-5-6 for emergency meetings.
(5) Notice of an electronic meeting shall be given to all members of the City Council at least 24 hours before the meeting so that they may participate in and be counted as present for all purposes, including the determination that a quorum is present. The notice shall include a description of how the City Council members will be connected to the electronic meeting.
(6) A quorum of the City Council must be present, in person or via electronic means, to convene the meeting, and shall indicate their presence with a City Council member roll call. The roll call shall indicate which City Council members are attending electronically.
(7) The City Council shall provide space and facilities at the anchor location so that interested persons and the public may attend and monitor the open portions of the meeting.
(8) If comments from the public will be accepted during the electronic meeting, the City Council shall provide space and facilities at the anchor location so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.
(9) Compliance with the provisions of this Section by the City Council shall constitute full and complete compliance by the City Council with the corresponding provisions of the Utah Open and Public Meetings Act.
(10) Public notice of an electronic meeting shall be given:
(a) in accordance with UCA Section 52-4-202; and,
(b) by posting written notice at the anchor location.
(1) Written minutes shall be kept of all open meetings. Such minutes shall include:
(a) the date, time and place of the meeting;
(b) the names of members present and absent;
(c) the substance of all matters proposed, discussed, or decided, and a record, by individual member, of votes taken;
(d) the names of all citizens who testified during a public hearing and the substance in brief of their testimony;
(e) any other information that any member requests be entered in the minutes.
(2) Written minutes shall be kept of all closed meetings. Such minutes shall include:
(a) the date, time and place of the meeting;
(b) the names of members present and absent;
(c) the names of all others present except where such disclosure would infringe on the confidence necessary to fulfill the original purpose of closing the meeting.
(3) The minutes of open meetings are classified as public records. The minutes of closed meetings are classified as protected records.
(4) All or any part of an open meeting may be recorded by any person in attendance; provided, the act of recording does not interfere with the peaceful and orderly conduct of the meeting, in the discretion of the council chairperson.
(5) Minutes shall be deemed the official record of the meeting upon the approving vote of the City Council and the approving signature of the City Council chairperson or designee.
(Ord. 2012-11, 04-04-2012) (Ord 2009-14, 11-21-2009) (Ord. 1994-12, 03-22-1994)
(1) Attendance of city council members at city council meetings is required unless excused by the chairperson for cause. Should any member of the council refuse or neglect to attend any meeting of the council without being excused by the chairperson for cause and when notified that such member’s presence is necessary to form a quorum, that member may be fined a sum not exceeding $250.00 upon the vote of a majority of the council.
(2) The vote of each council member voting for or against an ordinance or resolution shall be recorded upon the original thereof. The concurrence of three council members shall be necessary for the passage of any ordinance, resolution or other business item.
(Ord. 2012-11, 04-04-2012) (Ord. 1994-12, 03-22-1994)
No vote of the council shall be reconsidered or rescinded unless at a meeting where there is present at least the same number of the council as was present when such vote was taken.
(Ord. 2019-06, 04-03-2019) (Ord. 1994-12, 03-22-1994)
(Ord. 2019-06, 04-03-2019) (Ord. 1994-12, 03-22-1994)
The city council shall examine all claims in excess of $30,000 presented against the city and when found to be valid obligations of the city, approve their payment.
(Ord. 2022-28, 08-03-2022) (2012-11, 04-04-2012) (Ord. 1994-12, 03-22-1994)
(Ord. 2022-28, 08-03-2022) (2012-11, 04-04-2012) (Ord. 1994-12, 03-22-1994)
(1) The council shall, by resolution in June of each municipal election year, fix the compensation per term of any and all Tooele City officers to be elected.
(2) The council shall adopt a salary schedule for all Tooele City employees with each fiscal year’s budget.
(Ord. 1994-12, 03-22-1994)
(1) A council member may not hold or be appointed to any city office or position created, or for which the compensation has increased, during that council member’s term, until one year after the council member’s term expires.
(2) Subsection (1) shall not apply to a council member serving on any board or appendage of Tooele City government during that member’s term of office and as a part of that member’s duty as a council member.
(3) As used in this section, “compensation” means anything of economic value which is paid, loaned, given, granted, donated or transferred to any person or business entity, for or in consideration of personal services, materials, property, or anything whatsoever.
(Ord. 2012-11, 04-04-2012) (Ord. 1994-12, 03-22-1994)
The council may, from time to time, make such rules for governing its proceedings as deemed necessary and proper.
(Ord. 1994-12, 03-22-1994)
(Ord. 1994-12, 03-22-1994)
The council may punish its members for disorderly conduct and may, with the concurrence of a quorum, expel a member from any meeting for good cause. No member shall be removed from a meeting unless afforded an opportunity of being heard.
(Ord. 2012-11, 04-04-2012) (Ord. 1994-12, 03-22-1994)
(Ord. 2012-11, 04-04-2012) (Ord. 1994-12, 03-22-1994)
(1) A council member’s unexcused absence will result in that member’s monthly salary being reduced by the percentage of meetings missed to the total meetings held for the month. An unexcused absence is an absence in which the council member did not contact the council chairperson, indicating the cause of the absence, prior to the meeting.
(2) Use of profanity is not permitted by the city council. Any council member who uses profanity will be warned once and then fined, by vote of the council, for any subsequent use of profanity in that or subsequent meetings.
(3) Council members are encouraged to be prepared for meetings. Any apparent unpreparedness may result in the balance of the council not allowing the unprepared council member to participate in the discussion. An unprepared council member may still vote on the issue.
(4) Council members shall perform their duties in a professional manner. They shall make no personal attacks on other council members, city employees, or on any citizen in attendance at council meetings.
(5) Because council members are elected representatives of the community, they are expected to participate in parades, social functions, and any civic activity, where possible, to show support of the activity by the city government.
(Ord. 2012-11, 04-04-2012) (Ord. 1994-12, 03-22-1994)
Title 1 Chapter 6 Mayor
Click Here for a .pdf copy of Title 1 Chapter 6
The chief executive of the City shall be the Mayor, and during the Mayor’s temporary absence or disability, the Chairperson of the City Council shall act as Mayor Pro Tem, who during such absence or disability shall possess the power of Mayor. Whenever a vacancy shall happen in the office of Mayor, the Council shall appoint an interim Mayor until the next Municipal election and until a successor is elected and qualified.
(Ord. 2019-07, 04-03-2019) (Ord. 2012-11, 04-04-2012) (Ord. 1967-3, 08-14-1967)
(Ord. 2019-07, 04-03-2019) (Ord. 2012-11, 04-04-2012) (Ord. 1967-3, 08-14-1967)
The Mayor shall be the chief executive officer of the City.
(Ord. 1967-3, 08-14-1967)
(Ord. 1967-3, 08-14-1967)
The Mayor shall perform all duties which are or may be prescribed by law or this Code and shall see that they are faithfully executed.
(Ord. 2012-11, 04-04-2012) (Ord. 1967-3, 08-14-1967)
(Ord. 2012-11, 04-04-2012) (Ord. 1967-3, 08-14-1967)
The Mayor shall exercise within the City limits the power conferred upon the Mayor to suppress disorder and keep peace. The Mayor shall have authority to grant full pardons for violations of the provisions of this Code or to remit so much of any fine or penalty as belongs to the City, together with the costs of prosecution when to the Mayor it shall seem just, reasonable, and a meritorious cause. The Mayor shall report to the Council the number of fines remitted and pardons granted and the reasons therefor. The Mayor may permit the use of the facilities in the City Hall, by proper persons and for proper purposes, but not to interfere with the rights and uses of the City. The Mayor shall have power and authority at all times to examine and inspect the books, records and papers of any officer or agent employed by the City. The Mayor shall have power, when necessary, to call upon every inhabitant of the City over the age of twenty-one (21) years to aid in enforcing the laws and provisions of this Code, in suppressing riots and other disorderly conduct. The Mayor’s powers and duties shall include:
(1) To appoint and dismiss from employment all persons employed by the City except for the city recorder or other employees appointed by the Council, and except as conditioned upon Council consent, both as provided by the Charter. All such appointments are to be made on the basis of fitness alone.
(2) To have direct supervision and responsibility over operations in the Finance Department, City Attorney’s Office, City Recorder’s Office, Human Resources Department, Police Department, Fire Department, City Hall, Community Development Department, Public Works Department, Parks and Recreation Department, Information Technology Department, Economic Development Department, Public Library, and other administrative departments as may be created or amended from time to time. Included as a part thereof, the Mayor shall have direct supervision of the construction, improvements, repairs, and maintenance of streets, sidewalks, alleys, lanes, bridges, and other public highways; of sewers, drains, ditches, culverts, streams and water courses, and gutters and curbs; of all public buildings, boulevards, parks, playgrounds, squares, and other grounds and facilities belonging to the City; and the collection and disposal of waste materials.
(3) To care for and preserve all machinery, tools, appliances, facilities, and property belonging to the City.
(4) To oversee the issuing of building permits, the inspection of buildings, plumbing, and wiring, subject to uniform codes adopted by the City.
(5) To act as the purchasing agent for the City through an authorized designee, to see that city codes and purchasing policies are adhered to, to approve all claims against the City less the $30,000.00, and to see that all goods purchased by and for the City are received as per contract.
(6) To attend all meetings of the Council with the right to take part in the discussion but not to vote, except in case of a tie vote of the Council; to recommend to the Council for adoption such measures as the Mayor may deem necessary or expedient.
(7) To be the budget officer of the City and, in that capacity, to prepare the annual tentative budget (to be construed as a financial estimate only) and present it to the City Council by the first Wednesday in May, to prepare and present the annual final budget to the City Council as required by state law, and to keep the Council advised as to the financial condition and needs of the City.
(8) To perform such other duties as may be required by ordinance or resolution of the Council or otherwise allowed by the Charter or by State law.
(Ord. 2023-15, 08-16-2023) (Ord. 2022-28, 08-03-2022) (Ord. 2022-02, 01-19-2022) (Ord. 2021-23, 07-21-2021) (Ord. 2019-21, 09-04-2019) (Ord. 2019-07, 04-03-2019) (Ord. 2012-11, 04-04-2012) (Ord. 1995-21, 01-06-1996) (Ord. 1976-23, 11-11-1976) (Ord. 1967-3, 08-14-1967)
The Mayor shall from time to time give the Council information relative to the affairs of the City and shall recommend for their consideration such measures as the Mayor may deem expedient.
(Ord. 2019-07, 04-03-2019) (Ord. 1967-3, 08-14-1967)
(Ord. 2019-07, 04-03-2019) (Ord. 1967-3, 08-14-1967)
The Mayor shall appoint the following officers: city attorney, treasurer, police chief, fire chief, four members of the Planning Commission, all department heads except the city recorder, and members of advisory boards as provided by this Code, with the consent of the City Council, except as expressly permitted otherwise by the City Code or Utah Code. (The following officers shall be appointed by the Council: city recorder, auditor, annual independent auditor, and three members of the Planning Commission.)
(Ord. 2019-07, 04-03-2019) (Ord. 2012-11, 04-04-2012) (Ord. 1994-56, 01-31-1995) (Ord. 1967-3, 08-14-1967)
(Ord. 2019-07, 04-03-2019) (Ord. 2012-11, 04-04-2012) (Ord. 1994-56, 01-31-1995) (Ord. 1967-3, 08-14-1967)
(Ord. 2012-11, 04-04-2012)
(Ord. 2012-11, 04-04-2012)
The Mayor shall sign contracts, leases, deeds, and other writings on the part of the City as authorized by resolution of the Council or as required by law. Notwithstanding, the Mayor shall have authority to sign contracts on the part of the City which are administrative in nature and which are for less than $30,000.00, without further City Council authorization.
(Ord. 2022-28, 08-03-2022) (Ord. 2019-07, 04-03-2019) (Ord. 2012-11, 04-04-2012) (Ord. 2000-17, 08-16-2000) (Ord. 1967-3, 08-14-1967)
(Ord. 2022-28, 08-03-2022) (Ord. 2019-07, 04-03-2019) (Ord. 2012-11, 04-04-2012) (Ord. 2000-17, 08-16-2000) (Ord. 1967-3, 08-14-1967)
Title 1 Chapter 7 Repealed
Click Here for a .pdf copy of Title 1 Chapter 7
Title 1 Chapter 8 Recorder
Click Here for a .pdf copy of Title 1 Chapter 8
It shall be the duty of the City Recorder to keep the records, papers, and Seal of the City in order, the date of all ordinances and resolutions passed by the Council in a book kept for that purpose. The Recorder shall keep in a separate book, a record of the proceedings of the Council, whose meetings it shall be the Recorder’s duty to attend. The Recorder shall keep in a book provided for that purpose the name of all persons elected or appointed to an office within the City, their terms of office and the names of the person appointed to fill the vacancy so created. The Recorder shall cause a certified copy of all ordinances passed by the Council to be posted in three (3) public places in the City within one (1) week after the passage of such Ordinance by the Council, unless published as otherwise provided by law.
The Recorder shall keep an office at the place of meeting of the Council or some other place convenient thereto as the Council may direct. Copies of all papers filed in the Recorder’s office and transcripts from all records of the Council attested to or certified by the Recorder under the Corporate Seal shall be evidence in all courts as if the original were produced.
(Ord. 2019-22, 09-04-2019) (Ord. 1967-3, 08-14-1967)
The Recorder shall keep an office at the place of meeting of the Council or some other place convenient thereto as the Council may direct. Copies of all papers filed in the Recorder’s office and transcripts from all records of the Council attested to or certified by the Recorder under the Corporate Seal shall be evidence in all courts as if the original were produced.
(Ord. 2019-22, 09-04-2019) (Ord. 1967-3, 08-14-1967)
The Recorder shall pay into the Treasury all monies belonging to the City coming into the Recorder’s possession by virtue of the Recorder’s office. The Recorder shall deliver to successors in office the Corporate Seal, together with all books, papers, records, and other property in the Recorder’s possession belonging to the City.
(Ord. 2019-22, 09-04-2019) (Ord. 1967-3, 08-14-1967)
(Ord. 2019-22, 09-04-2019) (Ord. 1967-3, 08-14-1967)
The Recorder shall provide to the Council monthly summary financial reports and quarterly detail financial reports as provided by State law.
(Ord. 2019-22, 09-04-2019)
(Ord. 2019-22, 09-04-2019)
Title 1 Chapter 9 Treasurer
Click Here for a .pdf copy of Title 1 Chapter 9
(1) The Mayor, with the consent of the City Council, shall appoint a qualified person to the office of treasurer.
(2) The Mayor, with the consent of the City Council, may remove the treasurer from appointed office, subject to the Tooele City Charter, with or without cause.
(Ord. 2015-23, 08-19-2015) (Ord. 1988-29, 12-07-1988)
(1) The treasurer shall not assume the duties of the finance director.
(2) The treasurer shall:
(a) be custodian of all money, bonds, or other securities of the City;
(b) determine the cash requirements of the City and provide for the investment of all idle cash;
(c) ensure compliance with the State Money Management Act and other applicable laws, and to prepare the reports required by the Act; and,
(d) maintain and resolve any matters relating to bank, financial, or other short-term investment services including electronic service, on-line access, with primary concerns being to provide for account security from fraud or other unwarranted access.
(Ord. 2015-23, 08-19-2015) (Ord. 1988-29, 12-07-1988)
The treasurer shall:
(1) ensure that a roster of authorized check signers is maintained and that all checks are signed and countersigned by authorized individuals;
(2) be authorized to sign all checks prepared by the finance director and/or the city recorder, but not the payroll office; and,
(3) ensure that a sufficient amount is on deposit in the appropriate bank accounts of the city to honor the warrants to be tendered by checks, including by receiving and reviewing any records relating to warrants.
(Ord. 2015-23, 08-19-2015) (Ord. 1988-29, 12-07-1988)
In the absence of appropriate monies, as set forth in Utah Code Annotated section 10-6-140,the treasurer shall pay all warrants in the order in which presented and as money becomes available for payment thereof in the appropriate funds of the city. The treasurer shall note upon the back of each warrant presented the date of presentation and the date of payment.
(Ord. 2015-23, 08-19-2015) (Ord. 1988-29, 12-07-1988)
(Ord. 2015-23, 08-19-2015) (Ord. 1988-29, 12-07-1988)
The treasurer shall receive from the finance director all public funds and monies paid to the City and promptly deposit all city funds in the appropriate bank accounts of the city. It shall be unlawful for any person to commingle city funds with his or her own money. Whenever it shall appear that the treasurer or any other officer is making profit out of public money, or is using the same for any purpose not authorized by law, such treasurer or officer shall be suspended from office.
(Ord. 88-29, 12-07-88)
(Ord. 88-29, 12-07-88)
The treasurer shall be included with the public employee blanket bond of the City at the sum of 5% of budgeted revenues for the previous year but not less than $300,000.
(Ord. 2015-23, 08-19-2015)
Title 1 Chapter 10 Police Department
Click Here for a .pdf copy of Title 1 Chapter 10
There is hereby created and established a Tooele City Police Department. The offices of which shall be the Chief of Police, Captain, Lieutenant, Sergeant, Patrol Officer, Special Police Officer and Dispatcher. The duties of the officers other than the Chief of Police shall be established by job description in the Policy and Procedure Manual of Tooele City, when not so specified in this chapter.
(Ord. 76-8, 04-12-76)
(Ord. 76-8, 04-12-76)
The Chief of Police shall be appointed by the Mayor with the advice and consent of the City Council. He shall qualify for the position as required by the Policy and Procedure Manual of Tooele City. The Chief shall be responsible for the actions of and shall supervise all other officers and members of the Police Department. He shall maintain a daily radio log, and such reports as will inform the Mayor of the daily activities of the Department personnel or as may be required by law. He shall perform all duties required by law, including orders of all courts for the State of Utah. He shall see that the laws of Tooele City, the State of Utah and the United States of America are strictly enforced and that violators thereof are brought to justice. (Ord. 2007-04, 2-21-2007); (Ord. 88-08, 04-06-88)
Special police officers shall perform such duties as are designated by the Chief of Police. Such persons shall be sworn police officers for the limited purpose of appointment. (Ord. 76-8, 04-12-76)
All members of the Police Department are authorized to serve writs, summonses and other process issuing from any court of the State of Utah, but no member shall serve the same except on prior authority to do so being given by the Chief of Police. (Ord. 88-08, 04-06-88)
It is the duty of every member of the Police Department to conduct himself in a proper and law abiding manner, to avoid the appearance of unlawful conduct, and to avoid the use of any unnecessary force.
(Ord. 76-8, 04-12-76)
(Ord. 76-8, 04-12-76)
The Chief of Police may make or prescribe such rules and regulations for the conduct and guidance of the members of the Department as he shall see fit; such rules, when approved by the Mayor, shall be binding upon its members. (Ord. 76-8, 04-12-76)
Every member of the Police Department shall appear as a witness whenever necessary in an action at law for the violation of any ordinance or statute of this City, any County or State of the United States of America. No such person shall retain any witness fee for service as a witness in any action or suit to which this City is a party, any fees paid for such services shall be remitted to the Chief of Police who shall immediately deposit the same with the City Treasurer.
(Ord. 76-8, 04-12-76)
(Ord. 76-8, 04-12-76)
(Ord. 87-22, 01-02-88)
(Ord. 87-22, 01-02-88)
(Ord. 87-22, 01-02-88)
(Ord. 87-22, 01-02-88)
(Ord. 87-22, 01-02-88)
(Ord. 87-22, 01-02-88)
(Ord. 87-22, 01-02-88)
(Ord. 87-22, 01-02-88)
(Ord. 87-22, 01-02-88)
(Ord. 87-22, 01-02-88)
(Ord. 87-22, 01-02-88)
(Ord. 87-22, 01-02-88)
(Ord. 87-22, 01-02-88)
The following definitions shall apply to the interpretation of the provisions of this chapter:
(1) Peace Officer means any member of the Tooele City Police Department that meets the qualifications for a peace officer as determined by the State of Utah.
(2) Police Officer means any member of the Tooele City Police Department regardless as to whether the person meets the requirements of a peace officer or not.
(3) Policeman means Police Officer.
(4) Special Police Officer means any person so designated as provided by the provisions of this chapter. A special police officer may or may not meet the requirements necessary to be classified as a peace officer. (Ord. 76-8, 04-12-76)
(1) There is hereby established in the Police Department of this City a Traffic Division to be under the control of a police officer appointed by an directly responsible to the Chief of Police.
(2) It shall be the general duty of the Police Department to determine the installation and proper timing and maintenance of traffic control devices, to plan the operation of traffic on the streets and highways of the City and to cooperate with other City Officials in the development and means to improve traffic conditions and to carry out the additional powers and duties imposed by the provisions of this Code. (Ord. 76-8, 04-12-76)
It shall be the duty of the Traffic Division with such aid as may be rendered by other members of the Police Department to enforce the Street Traffic Regulations of this City and all of the State vehicle laws applicable to street traffic in this city, to make arrests for traffic violations, to investigate accidents and to cooperate with other Officers of the City in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon said Division by this title and the traffic ordinances of the City. (Ord. 76-8, 04-12-76)
(1) The Police Department or the Traffic Division thereof shall keep record of all violations of the traffic ordinances of the City or of the State vehicle laws of which any person has been charged, together with a record of the final disposition of all such alleged offenses. Such record shall accumulate during at least a five (5) year period and from that time on the record shall be maintained complete for at least the most recent five (5) year period.
(2) All forms for records of violations and notices violations shall be serially numbered. For Each month and year a written record shall be kept available to the public showing the disposal of all such forms.
(3) All such records and reports shall be public records. (Ord. 76-8, 04-12-76)
It shall be the duty of the Traffic Division, assisted by other Police Officers of the Department to investigate traffic accidents, to arrest and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents. (Ord. 76-8, 04-12-76)
Whenever the accidents at any particular location become numerous, the Traffic Division shall conduct studies of such accidents and determine remedial measures. (Ord. 76-8, 04-12-76)
The Traffic Division shall maintain a suitable system of filing traffic accident reports. (Ord. 76-8, 04-12-76)
(1) The Police Department or the Traffic Division thereof, shall maintain a suitable record of all traffic accidents, warnings, arrests, convictions, and complaints reported for each driver, which shall be filed alphabetically under the name of the driver concerned.
(2) Said Division shall study the cases of all the drivers charged with frequent or serious violations of the traffic laws, or involved in frequent accidents, or any serious accident, and shall attempt to discover the reasons therefor, and shall take whatever steps that are lawful and reasonable to prevent the same.
(3) Such records shall accumulate during at least a five (5) year period and from that time on such records shall be maintained complete for at least the recent five (5) year period. (Ord. 76-8, 04-12-76)
The Traffic Division shall annually prepare a traffic report which shall be filed with the Mayor. Such report shall contain information on traffic matters in the City as follows:
(1) The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data;
(2) The number of accidents investigated and other pertinent data on the safety activities of the Police;
(3) The plans and recommendations of the Division for future traffic safety activities. (Ord. 76-8, 04-12-76)
(1) It shall be the duty of the Officers of the Police Department or such Officers as are assigned by the Chief of Police to enforce all street traffic, criminal, and nuisance laws of the City and all of the State vehicle laws applicable to street traffic in the City.
(2) Officers of the Police Department or such Officers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws, provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, Officers of the Police Department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.
(3) Officers of the Fire Department, when at the scene of a fire, may direct or assist the Police in directing traffic thereat or in the immediate vicinity.
(Ord. 78-19, 07-13-78; Ord. 76-8, 04-12-76)
There is hereby created within the police department a Senior Reserve Patrol. Such patrol shall consist of senior citizens who shall perform limited police functions, including issuing civil parking citations, making security checks, passing crime information reports, receiving traffic accident information, and other duties as may be assigned by the chief of police. Members of the Senior Reserve Patrol shall serve without compensation. (Ord. 90-05, 06-14-90)
Title 1 Chapter 11 Attorney
Click Here for a .pdf copy of Title 1 Chapter 11
It shall be the duty of the City Attorney to prosecute and defend in all courts, all actions in behalf of the City on account of official acts; to make appeals or sue out writs of error on behalf of the City or any Officer as aforesaid, with the consent and approval of the Mayor, and make the necessary affidavits, acknowledgments, resolutions and ordinances, and execute the necessary bonds in the name of the City; to advise officers on such legal questions as may arise in relation to the business of the City. Having personal knowledge of the violation of any provision of this Code or upon receiving reliable information of any violation, he shall institute the necessary steps to bring the offender to punishment. (Ord. 67-3,08-14-67)
Title 1 Chapter 12 Official Bonds and Oaths (Repealed)
Title 1 Chapter 13 Boundaries & Seal
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The boundaries of Tooele City shall be as follows: Beginning at the Northeast corner of Section Twenty-Two in Township Three South of Range Four West, Salt Lake Base and Meridian, thence West three miles; thence South three miles; thence East three miles; thence North three miles to the place of beginning.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
The seal heretofore provided and used for Tooele City, described as follows: One and three-fourths inches in diameter, with head of deer in center and the inscription “Tooele City Seal, Tooele County, Utah” around the outer edge is hereby declared to have been, that it is now and hereafter shall be the Corporate Seal of Tooele City. (Ord. 67-3, 08-14-67)
Title 1 Chapter 14 Director of Finance
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The Department of Finance shall be headed by a director. The director of finance shall be a qualified person appointed and removed with the advice and consent of the governing body, and may not assume the duties of the city treasurer. The financial administrative duties of the director of finance prescribed in the Uniform Accounting Manual for Utah Cities is hereby adopted, the same as if set forth in full herein.
(Ord. 1988-29, 12-07-1988)
(Ord. 1988-29, 12-07-1988)
(Ord. 2019-23, 09-04-2019)
All purchases or encumbrances thereof by the city shall be made or incurred according to the purchasing procedures established by ordinance or resolution and only on an order or approval of the person duly authorized to act as a purchasing agent for the City.
(Ord. 1988-29, 12-07-1988)
(Ord. 1988-29, 12-07-1988)
The director of finance shall:
(1) Maintain the general books for each fund of the city and all subsidiary records relating thereto, including a list of the outstanding bonds, their purpose, amount, terms, date and place payable.
(2) Keep accounts with all receiving and disbursing officers of the city.
(3) Pre-audit all claims and demands against the city before they are allowed, and shall prepare the necessary checks in payment. Such checks shall include an appropriate certification pursuant to Section 11-1-1, Utah Code Annotated. The director shall also certify on the voucher or check copy, as appropriate, that:
(a) The claim has been pre-audited and documented,
(b) The claim has been approved by the Mayor, if the claim is not in excess of $30,000.00; if the claim is in excess of $30,000.00, that the claim has been approved by the city council,
(c) The claim is within the lawful debt limit of the city, and,
(d) The claim does not overexpend the appropriate departmental budget established by the city council.
(4) Collect and receive all public funds and money payable to the City, within three business days after collection, including all taxes, licenses, fines, and intergovernmental revenue, special taxes, assessments, as provided by law and ordinance, and keep an accurate detailed account thereof.
(5) Forward all collected and received funds to the treasurer for deposit, investment, and safe keeping.
(6) Give or cause to be given to every person paying money to the City a receipt or other evidence of payment, specifying, as appropriate, the date of payment and upon which account payment was made, and shall file the duplicate of the receipt, a summary report, or other evidence of payment in the office of the finance director or city recorder, as appropriate.
(7) Present annual independent audit proposals to the Council prior to the date of adoption of the tentative budget.
(Ord. 2022-28, 08-03-2022) (Ord. 2019-23, 09-04-2019) (Ord. 2015-23, 08-19-2015) (Ord. 2015-22, 08-19-2015) (Ord. 1988-29, 12-07-1988)
In the event the city is without funds on deposit in one of its appropriate bank accounts with which to pay any lawfully approved claim, the director of finance shall draw and sign a warrant upon the treasurer of the city for payment of the claim, the warrant to be tendered to the payee named thereon.
(Ord. 1988-29, 12-07-1988)
(Ord. 1988-29, 12-07-1988)
The director of finance is authorized to act as the financial officer for the purpose of approving:
(1) payroll checks, if the checks are prepared in accordance with a salary schedule established in a personnel ordinance or resolution, and if such checks are properly countersigned by another employee with signing authority; or
(2) routine expenditures, such as utility bills, payroll-related expenses, supplies, materials, and capital expenditures which were referenced in the budget document and approved by an appropriation resolution adopted for the current fiscal year.
(Ord. 2015-23, 08-19-2015) (Ord. 1988-29, 12-07-1988)
(1) payroll checks, if the checks are prepared in accordance with a salary schedule established in a personnel ordinance or resolution, and if such checks are properly countersigned by another employee with signing authority; or
(2) routine expenditures, such as utility bills, payroll-related expenses, supplies, materials, and capital expenditures which were referenced in the budget document and approved by an appropriation resolution adopted for the current fiscal year.
The director of finance shall prepare and deliver to the Recorder for presentation to the Council monthly summary financial reports and quarterly detail financial reports as provided by State law.
(Ord 2019-23, 09-04-2019) (Ord. 1988-29, 12-07-1988)
(Ord 2019-23, 09-04-2019) (Ord. 1988-29, 12-07-1988)
The director of finance shall be included within public employee blanket bonds of the city at the sum of five percent of budgeted revenues for the previous year but not less than $300,000.00.
(Ord. 1988-29, 12-07-1988)
(Ord. 1988-29, 12-07-1988)
All money received by the City on any special assessment shall be applied to the payment of the improvement for which the assessment was made. The money shall be used for the payment of interest and principal on bonds or other indebtedness issued in settlement thereof, and shall be used for no other purpose whatever, except as otherwise provided by law.
(Ord. 2015-23, 08-19-2015)
Title 1 Chapter 15 Notification of Public Nuisance (Repealed)
Title 1 Chapter 16 Repealed
Title 1 Chapter 17 Repealed
Title 1 Chapter 18 Franchise Provisions
Click Here for a. pdf copy of Title 1 Chapter 18
Whenever application shall be made to the Council for a franchise or grant of special privileges or for the extension or renewal of an existing franchise or grant of special privilege, the applicant shall furnish to the Recorder, for the use of the Council, ten (10) copies of the proposed Resolution or Ordinance, and pay into the Treasury a fee to be determined by the Council. (Ord.67-3, 08-14-67)
All franchises and grants of special privilege shall be deemed to be non assignable without the express permission of the Council, whether such limitation is set forth in the body of the franchise or grant or not. (Ord.67-3, 08-14-67)
All assignment of franchise and special grants must be in writing and a copy thereof filed in the office of the Recorder before any assignment or transfer will be recognized by the Council. (Ord. 67-3. 08-14-67)
Any attempted assignment or transfer of a franchise or special privilege not made in accordance with the provisions of this Chapter shall operate as a forfeiture of all the rights of the grants therein given. (Ord. 67-3. 08-14-67)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
(Ord. 87-15, 08-13-87)
Title 1 Chapter 19 Clerk of the Court (Repealed)
Title 1 Chapter 20 Engineer (Repealed)
Title 1 Chapter 21 Bail Commissioners
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The Mayor, by and with the consent of the Council, may appoint from among the officers and members of the Police Department one or more discreet persons to be known as Bail Commissioners, who shall have and exercise all the powers which are now or hereafter may be conferred by law upon City Judges in respect to the fixing of bail of persons arrested within the Corporate Limits for misdemeanors under the laws of the State or for the violation of the provisions of this Code, and to the taking and approving of the same. Any person who has been ordered by any Bail Commissioner to give bail may deposit the amount thereof in money with the Bail Commissioner. (Ord. 67-3, 08-14-67)
In addition to their duties in respect to the fixing of bail, the Bail Commissioners shall have power on non judicial days, and after the hour of five o’clock (5:00) P.M. and before the hour of nine o’clock (9:00) A.M. on judicial days, to collect and receipt for moneys tendered in payment of the fine of any person serving sentence or in default of the payment of person serving sentence or in default of the payment of such fine. All moneys collected by the Bail Commissioners in cases arising under the provisions of this Code, shall be accounted for at least once a month to the Treasurer, or in cases arising under the State Laws to the County Treasurer.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
Bail Commissioners appointed under this Chapter shall serve at the pleasure of the Mayor appointing them, and shall receive no compensation as such. Before entering upon their duties as Bail Commissioners, they shall take and subscribe an oath to faithfully and impartially discharge the duties of their office, and shall give bond to the City with two (2) good and sufficient individual sureties, or with a single corporate surety to be approved by the Mayor, which bond shall be in the amount specified in Chapter 12 of this Title, conditioned on the faithful performance of their duties as Commissioners, and that they will well and truly account for and turn over to the City Treasurer or to the County Treasurer, as the case may be, at such times as may be designated by the Council, all moneys, bonds, property and records coming into their hands as Commissioners, and at the expiration of their term of office, they will surrender and turn over all funds, bonds, property, papers and records then in their hands pertaining to their respective offices. Suit upon any such bond may be brought by the city or by any person injured. The oaths and bonds of the Commissioners shall upon their approval by the Mayor be filed with the Recorder. (Ord. 68-3, 08-14-67)
Title 1 Chapter 22 Financial Administration
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The Mayor, as the budget officer of the City, shall require all expenditures by any department to conform with the departmental budget.
(Ord. 1981-02, 01-15-81)
(Ord. 1981-02, 01-15-81)
All purchases or encumbrances of the City shall be made or incurred according to the purchasing procedures established by resolution or ordinance, and only on an order or approval of the person duly authorized to act as a purchasing agent for the City. City property shall be sold according to procedures established by resolution.
(Ord. 1981-02, 01-15-1981)
(Ord. 1981-02, 01-15-1981)
(Ord. 92-19, 10-20-92)
(1) The Mayor is authorized, subject to paragraph (2) below to approve the following claims against the City:
(a) Payroll checks, if the checks are prepared in accordance with a salary schedule established in a personnel ordinance or resolution,
(b) Routine expenditures, such as utility bills, payroll related expenses, supplies and materials,
(c) Payments on City approved contracts,
(d) Capital expenditures which were referred in the budget document and approved by an appropriation resolution adopted for the current fiscal year.
(2) The authority of the Mayor to approve claims against the City in the above paragraph is subject to the following restrictions:
(a) No claim may be approved by the Mayor which is not within the duly and legally adopted or adjusted budget.
(b) No claim may be approved by the Mayor which is not made or incurred according to the purchasing procedures established by resolution or ordinance.
(c) No claim may be approved by the Mayor which is in excess of $30,000.00.
(Ord. 2022-28, 08-03-2022) (Ord. 2016-04, 01-20-2016) (Ord. 1981-02, 01-15-1982)
Title 1 Chapter 23 City Records
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
Click Here for a .pdf copy of Title 1 Chapter 23
(1) It is the purpose of this Chapter, and it is in the best interests of Tooele City and the citizens thereof, and essential for the administration of city government, to:
(a) maintain and preserve accurate governmental records;
(b) provide ready access to records which are defined by law as open to the public; maintain the security of records which are defined by law as private, controlled, protected, or
(c) otherwise confidential; and
(d) ensure the preservation of vital and historically valuable records.
(2) As the records of the City are a resource containing information which allows government programs to function, provides officials with a basis for making decisions and ensuring continuity with past operations, and permits citizens to research and document matters of personal and community importance, it is the intent of this Chapter that this resource be systematically and efficiently managed.
(3) It is the policy of the City that all city records, which are defined by applicable Utah statutory and case law as public records, will be made available to citizens within a reasonable time after request and at a reasonable cost as set forth in this Chapter and GRAMA.
(4) Tooele City recognizes a public policy interest in allowing the government to restrict access to certain
records for the public good.
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
In enacting this Chapter, it is the purpose and intent of the City to acknowledge and comply with the Government Records Access and Management Act (“GRAMA”), Chapter 2 of Title 63 of the Utah Code Annotated (1953, as amended), and to provide for its application in the city.
(Ord. 2009-09, 10-21-09); (Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
(Ord. 2009-09, 10-21-09); (Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
(Ord. 92-09, 08-11-92)
(Ord. 92-09, 08-11-92)
(Ord. 92-09, 08-11-92)
(Ord. 92-09, 08-11-92)
(Ord. 92-09, 08-11-92)
(Ord. 92-09, 08-11-92)
(1) The City recognizes and upholds the personal right of privacy retained by persons who may be the subject of governmental records. The City also recognizes that GRAMA and Utah case law establish a presumption that governmental records will generally be considered open and public, unless otherwise properly classified. In circumstances where a record’s classification is not clearly established by GRAMA or another statute, by this Chapter, or by policies established or classifications made under this Chapter, the public’s right to access a particular record may be restricted where that access would constitute a clearly unwarranted invasion of personal privacy. In accordance with decisions of the Utah appellate courts, city records that have not been specifically made public by GRAMA, that refer to named or readily identifiable individuals, and that deal with matters of a delicate nature which could engender shame, humiliation or embarrassment in the subject of that record shall generally not be classified as public records, and release thereof may constitute a clearly unwarranted invasion of personal privacy. In the same manner, certain data may be classified as private, controlled, or protected, although other data in the record, or the record itself, may be classified as public.
(2) The City may, as determined appropriate by the Records Officer, notify the subject of a record that a request for access to the subject’s record has been made.
(3) When responding to a request for private records, the City shall require that the requester of records provide a written release, notarized within 30 days before request, from the subject of the records in question before access to such records is provided.
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
All city records will be retained according to retention schedules promulgated by the State of Utah. Nothing herein shall prevent the City from retaining a record for longer than required under the retention schedules.
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
Requests for records shall be submitted to the Records Officer upon a form approved by the City Attorney.
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
Fees shall be established by Resolution of the City Council and incorporated into a city fee schedule.
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
(Ord. 92-09, 08-11-92)
(Ord. 92-09, 08-11-92)
Requests to amend records shall be submitted to the Records Officer.
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
(1) City employees who knowingly refuse to permit access to records in accordance with GRAMA and this Chapter, who knowingly permit access to nonpublic records, or who knowingly, without authorization or legal authority, dispose of, alter, or remove records or allow other persons to do so in violation of the provisions of GRAMA, this Chapter, or other law or regulation, may be subject to criminal prosecution and disciplinary action, including termination.
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
- The City Recorder shall be the Records Officer for purposes of this Chapter, and shall oversee and coordinate records access, management, and archives activities.
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
(Ord. 92-09, 08-11-92)
(1) Records maintenance procedures shall be developed to ensure that due care is taken to maintain and preserve city records safely and accurately over the long term. The Records Officer shall be responsible for monitoring the application and use of technical processes in the creating, duplication, and disposal of city records. The Records Officer shall monitor compliance with required standards of quality, permanence, and admissibility pertaining to the creation, use, and maintenance of records. Policies and regulations regarding types and formats of papers, inks, electronic media, and other records and information storage media, materials, equipment, procedures and techniques shall be developed an promulgated, subject to the approval of the Mayor.
(2) All city records shall remain the property of the City unless federal or state legal authority provides otherwise. Property rights to city records may not be permanently transferred from the City to any private individual or entity, including those legally disposable obsolete city records. This prohibition does not include the providing of copies of records otherwise produced for release or distribution under this chapter.
(3) Custodians of city records shall, at the expiration of their terms of office, appointment or employment, deliver custody and control of all records kept or received by them to their successors, supervisors, or to the Records Officer.
(4) All records which are in the possession of any city department shall, upon termination of activities of such department, be transferred to any successor department, provided that such transfer is consistent with the formal provisions of such termination.
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
(1) The City retains and reserves to itself the right to use any type of nonverbal or nonwritten formats for the storage, retention and retrieval of government records, including but not limited to audio tapes, video tapes, micro-forms, and any type of computer, data processing, imaging, or electronic information storage or processing equipment or systems, which are not prohibited by state statute, and do not compromise legal requirements for record storage, retrieval, security, and maintenance, to store and maintain city records.
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
(Ord. 92-09, 08-11-92)
The Tooele City Mayor shall be the chief administrative officer for purposes of appeals under Utah Code Ann. §63G-2-401 of Tooele City records determinations.
(Ord. 2009-09, 10-21-09)
(Ord. 2009-09, 10-21-09)
Title 1 Chapter 24 Municipal Elections
Click Here for a .pdf copy of Title 1 Chapter 24
At the time of filing for Tooele City elected office:
(1) all candidates for mayor shall pay a filing fee of $50.00;
(2) all candidates for city council shall pay a filing fee of $30.00.
(Ord. 2005-18, 7-12-2005)
(2) all candidates for city council shall pay a filing fee of $30.00.
If a candidate fails to timely file a campaign finance statement required under 10-3-208(4) or (5), the city recorder shall impose a fine of $50 per late filing on the candidate.
(Ord. 2023-23, 05-17-2023)
(Ord. 2023-23, 05-17-2023)
Title 1 Chapter 25 Disposal of Significant Parcels of Real Property
Click Here for a .pdf copy of Title 1 Chapter 25
(1) “Significant Parcel of Real Property” means a single parcel of real property owned by Tooele City regardless of size or value.
(2) “Reasonable Notice” means, for purposes of this Chapter, publication of notice in a newspaper of general circulation at least 14 calendar days prior to a public hearing. (Ord. 2007-21, 07-18-07)
If at any time, the City intends to dispose of a Significant Parcel of Real Property by conveyance of a fee simple absolute interest in said Real Property, the City Recorder shall provide reasonable notice. The City Council, following the provision of reasonable notice, shall hold a public hearing to allow for public comment on the proposed disposition of the property in question. (Ord. 2007-21, 07-18-07)
Title 1 Chapter 26 Fees
Click Here for a .pdf copy of Title 1 Chapter 26
The City Council is authorized to establish Tooele City fees by resolution, to be incorporated into a Tooele City Fee Schedule, for activities regulated by the City, for applications approved by the City, for permits issued by the City, for services delivered by the City, and otherwise as allowed by law.
(Ord. 2011-16, 08-17-11)
(Ord. 2011-16, 08-17-11)
(1) Unless provided otherwise by a specific provision of the Utah Code or Tooele City Code, the Mayor shall be the Appeal Authority for purposes of appealing a City fee.
(2) Unless provided otherwise by a specific provision of the Utah Code or Tooele City Code, all appeals of City fees shall be filed in writing within the later of (a) 10 calendar days of payment of the fees, or (b) if an itemized fee statement has been requested pursuant to U.C.A. §10-9a-510, within 10 calendar days of the City providing the itemized fee statement.
(3)The appellant has the burden of proving that the fee paid does not reflect the reasonable estimated cost of
(A) regulating the industry
(B) processing the application
(C) issuing the permit, or
(D) delivering the service.
(4) The appellant shall state in the written appeal the full legal and factual basis for the appeal.
(5) The Mayor shall evaluate the merits of the appeal and shall issue a written decision within 15 calendar days of the filing of the appeal. The Mayor’s decision shall state its effective date and shall constitute the City’s final decision regarding the fee.
(6) The Mayor shall provide a copy of each written decision to the City Council.
(7) The Mayor’s decision is subject to District Court review as provided by U.C.A. §10-9a-801 et. seq.
(Ord. 2011-16, 08-17-11)
Title 1 Chapter 27 Zoning Administrator
Click Here for a .pdf copy of Title 1 Chapter 27
The Mayor, with the advice of the City Council, may appoint from among the employees of Tooele City a Zoning Administrator, who shall be primarily responsible for administering, interpreting, and enforcing the terms of the Tooele City Code Title 7, Uniform Zoning Title.
(Ord. 2013-04, 06-19-2013)
(Ord. 2013-04, 06-19-2013)
(1) Administrative Interpretation. The Zoning Administrator shall interpret Title 7, Uniform Zoning Title, to members of the public, City departments, and to other branches of City government, subject to general and specific ordinances and policies established by the City Council and City Administration. Upon written request, the Zoning Administrator shall make a written interpretation of any part or portion of the text of Title 7 pursuant to this Chapter. Such interpretations may include use interpretations to determine whether a proposed use is substantially similar to a listed use shown to be a permitted or conditional use in Title 7. The Zoning Administrator shall confer as necessary with the City Attorney in making any administrative interpretation or decision.
(2) Administrative Duties. The Zoning Administrator shall be responsible for all administrative actions required by Title 7, including the giving of notice, holding of hearings, preparation of staff reports, issuance of decisions, and receiving and processing of appeals.
(3) Land Use Applications. The Zoning Administrator shall review or cause to be reviewed all applications for a site plan, subdivision, Conditional Use Permits, General Plan text amendment, General Plan Land Use Map amendment, Title 7 text amendment, Zoning Map amendment, and all other land use applications as set forth in Title 7, and inform the appropriate land use authority of the findings of that review
(4) Enforcement. The Zoning Administrator shall enforce or cause the enforcement of the provisions of Title 7, and the terms or conditions of any land use approval wherever and however violations of those provisions or approvals occur. This may include consultation with the City Attorney, Ordinance Enforcement Officer, or Police Department, as applicable, issuing notices to comply or take other appropriate action, and the preparation of exhibits, testimony, and other data which may be needed in such enforcement. The failure of the Zoning Administrator to enforce the provisions of Title 7 or the terms or conditions of any land use approval shall not legalize or be deemed to condone any act in violation of such provisions or approvals.
(5) Administrative Decisions. The Zoning Administrator shall render administrative decisions on those certain routine and uncontested matters as may be delegated to him or her by ordinance of the City Council and pursuant to established guidelines or policies relating thereto.
(6) Advice. The Zoning Administrator may advise all persons making application for any project which requires approval by the Planning Commission or City Council.
(7) Appeals. The Zoning Administrator shall be responsible for providing the complete written record to the Administrative Hearing Officer.
(Ord. 2016-15, 10-19-2016) (Ord. 2013-04, 06-19-2013)
(1) An administrative interpretation or decision shall apply only to the property for and circumstances under which the interpretation or decision is given.
(2) A use interpretation finding a use to be a permitted or conditional use in a particular zoning district shall be deemed to authorize only that use on only the property that is the subject of the interpretation. A use interpretation shall not authorize another allegedly similar use for which a separate use interpretation has not been issued.
(3) A use interpretation finding a particular use to be a permitted or conditional use shall not authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any approvals or permits that may be required by Title 4 or Title 7, or other applicable provisions of the Tooele City Code.
(Ord. 2013-04, 06-19-2013)
Any person aggrieved by a written interpretation or decision of the Zoning Administrator may request, in writing, a review of that interpretation or decision by the Community Development Director. The Community Development Director shall issue a written decision in which he or she may affirm, modify, overturn, or remand for further consideration the interpretation or decision of the Zoning Administrator.
(Ord. 2013-04, 06-19-2013)
(Ord. 2013-04, 06-19-2013)
Any person aggrieved by the Community Development Director’s decision after review of the Zoning Administrator’s interpretation or decision may file a written appeal of the decision to the Administrative Hearing Officer. The Administrative Hearing Officer shall hear and conduct all such appeals based upon a review of the written record alone, taking no new testimony or evidence. The written record shall consist of the land use application that is the subject of the decision, the land use applicant’s request for a Zoning Administrator interpretation, the Zoning Administrator interpretation or decision, and the Community Development Director’s decision, including accompanying documents and materials.
(Ord. 2016-15, 10-19-2016) (Ord. 2013-04, 06-19-2013)
(Ord. 2016-15, 10-19-2016) (Ord. 2013-04, 06-19-2013)
(1) Initiation. Any person may request an administrative interpretation.
(2) Procedure. An application for an administrative interpretation shall be considered and processed as provided in this Section.
(a) A complete application shall be submitted to the office of the Zoning Administrator on a form established by the City along with any fee established by the City. The application shall include at least the following information:
(i) the name, address, and telephone number of the applicant and the applicant’s agent, if any;
(ii) the specific provision or provisions of Title 7 for which an interpretation is requested;
(iii) specific facts of the situation which illustrate the need for an administrative interpretation;
(iv) the precise interpretation claimed by the applicant to be correct;
(v) the legal and other grounds that support the interpretation claimed by the applicant to be correct; and
(vi) when a use interpretation is requested the application shall include:
(A) a statement explaining why the proposed use should be deemed included within a use category allowed by the zoning district applicable to the property; and
(B) documents, statements, and other evidence demonstrating that the proposed use will conform to all use limitations established by the zoning district applicable to the property.
(b) After the application is determined by the City to be complete, the Zoning Administrator shall review the request and make an interpretation of Title 7 in accordance with the standards set forth in this Chapter.
(c) After making a decision, the Zoning Administrator shall provide to the applicant written notice of the decision, mailed to the address indicated on the application.
(d) A record of all Zoning Administrator administrative interpretations and decisions, all Community Development Director decisions, and all Administrative Hearing Officer decisions, issued pursuant to the provisions of this Chapter, shall be maintained in the office of the Zoning Administrator.
(3) Standards for Making Administrative Interpretations. The following standards shall apply to administrative interpretations.
(a) Administrative interpretations shall not add to, ignore, or amend the provisions of the Tooele City Code.
(b) Questions about the location of zoning district boundaries shall be resolved by applying the following standards:
(i) zoning district boundaries indicated as approximately following the edge or center line, as the case may be, of a street, alley, railroad, highway, or other public way, incorporated municipality, flood plain, body of water or topographic feature that was in existence when the boundary was established, shall be interpreted as following such edge or center line;
(ii) zoning district boundaries indicated as approximately following platted lot lines, block, or parcel tract boundaries shall be interpreted as following such lines;
(iii) when a public road, street, or alley is officially vacated, such property shall have the same zoning as the adjacent property and in the event vacated property is adjacent to two zones, each zone shall extend to the center line of the vacated property; and
(iv) when a physical or cultural feature existing on the ground is at odds with one shown on the Zoning Map, or when any other uncertainty exists with respect to a zone boundary, the Zoning Administrator shall determine the boundary location.
(c) An administrative interpretation shall be consistent with:
(i) The provisions of Title 7; and
(ii) Any previously rendered interpretations based on similar facts, unless those previous interpretations are determined to be incorrect.
(d) A use interpretation shall also be subject to the following standards:
(i) A use of a structure or property defined in the Tooele City Code shall be interpreted as provided as defined therein.
(ii) Any use specifically listed or otherwise designated as “not permitted” in a table of permitted and conditional uses for a particular zoning district shall not be allowed in that zone.
(iii) No use interpretation shall allow a use in a zoning district unless evidence is presented demonstrating that the use will conform to development standards established for that district.
(iv) No use interpretation shall allow a use in a particular zoning district unless findings of evidence are provided to demonstrate the use to be substantially similar to uses allowed in that zone.
(v) If a proposed use is most similar to a conditional use authorized in the zoning district in which it is proposed to be located, any interpretation allowing such use shall require that the use be approved only as a conditional use subject to Chapter 7-5 of the Tooele City Code.
(vi) No use interpretation shall allow the establishment of any use that would be inconsistent with the statement of purpose of the zoning district in which it would be located.
(Ord. 2016-15, 10-19-2016) (Ord. 2013-04, 06-19-2013)
Title 1 Chapter 28 Administrative Hearing Officer
Click Here for a .pdf copy of Title 1 Chapter 28
(1) The Mayor, with the consent of the City Council, shall appoint one or more Administrative Hearing Officers (“Hearing Officer”) to hear appeals of certain administrative actions and decisions.
(2) The Hearing Officer shall be a resident of Tooele City and shall possess such qualifications as the Mayor may determine necessary for the fair and thorough determination of facts and application of law.
(3) The Hearing Officer may not be an elected official or a City employee.
(4) The Mayor may revoke the appointment of a Hearing Officer with the consent of the City Council.
(Ord. 2015-11, 03-18-2015) (Ord. 2013-07, 04-17-2013)
(1) The duty of the Hearing Officer shall be to hear appeals of administrative actions or decisions as authorized by this Code.
(2) The Hearing Officer shall be the appeal authority in the event that this Code does not expressly provide an appeal authority for administrative actions or decisions related to the interpretation, application, or enforcement of the City’s land use ordinances.
(Ord. 2013-07, 04-17-2013)
(1) Unless provided specifically elsewhere in this Code, this Chapter shall govern appeals to the Hearing Officer. Where other provisions of this Code fail to address procedural matters addressed by this Chapter, this Chapter shall govern those procedural matters.
(2) Where authorized by this Code, any person directly adversely affected by an administrative action or decision of Tooele City may file a written appeal in the office of the City Recorder within 10 calendar days of the administrative action or decision being appealed.
(3) The appeal shall contain the name, address, and telephone number of the appellant, the date of the appeal, and the legal and factual grounds for the appeal, which grounds shall determine the scope of the administrative appeal hearing, hearing evidence, and judicial review of the Hearing Officer decision. The appeal shall include a copy of the written action decision, if applicable, that is the subject of the appeal.
(4) The Hearing Officer shall determine a schedule for the pre-hearing exchange of evidence, for the briefing of legal arguments, and for the hearing, and shall notify the parties of that schedule.
(5) The appellant may file a brief summarizing facts, evidence, and law applicable to the appeal, within the scope of the grounds stated in the appeal, and the City may file a responsive brief, both in accordance with the schedule established by the Hearing Officer.
(6) The Hearing Officer may accept any evidence he or she deems reliable. Evidence shall be submitted by proffer. The Hearing Officer may also allow witness testimony. The Hearing Officer shall not consider evidence or information not presented by the parties at the hearing or in pre-hearing briefs.
(7) In the appeal and the hearing, the City bears the burden of proving that substantial evidence exists to support the administrative action or decision being appealed.
(8) (The parties may be represented by legal counsel in the hearing.
(9) Each party may cross-examine any witnesses called to testify by the other party. Each party must secure the attendance of their own witnesses.
(10) The Hearing Officer shall provide for the hearing to be recorded.
(11) The hearing shall be public.
(12) The Hearing Officer shall enforce principles of civility during the hearing.
(Ord. 2013-11, 06-19-2013); (Ord. 2013-07, 04-17-2013)
(1) The Hearing Officer shall prepare written findings of fact and a decision (collectively “Decision”) within a reasonable time after the hearing.
(2) The Decision shall be final for purposes of issuance on the date it is signed by the Hearing Officer.
(3) The Decision shall be considered issued for purposes of appeal and enforcement on the date of transmittal to the appellant, either by mail, fax, email, or otherwise.
(4) The Hearing Officer shall cause the Decision to be transmitted to the parties by any reasonable means, including personal delivery, mail, fax, or email.
(5) The Decision shall be maintained in the office of the Tooele City Recorder.
(Ord. 2013-07, 04-17-2013)
(1) Any party to the appeal may appeal the Decision to the District Court no later than 30 calendar days after the issuance of the Decision.
(2) The standard of review to be employed by the District Court in its review of the Decision shall be substantial evidence in the record. The review shall not be de novo.
(3) For purposes of this Code, the term “substantial evidence” shall mean that quantum and quality of relevant evidence that is adequate to convince a reasonable mind to support a conclusion. This standard does not require or specify a quantity of evidence but requires only such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
(Ord. 2013-07, 04-17-2013)
(1) The record of the hearing shall include all proffered evidence that is admitted by the Hearing Officer, all pre-hearing briefs submitted to the Hearing Officer, the audio recording of the hearing, and the Decision.
(2) Any party may make an audio or video recording of the hearing, but only the recording prepared by the City shall be considered part of the record of the hearing.
(Ord. 2013-07, 04-17-2013)
(2) Any party may make an audio or video recording of the hearing, but only the recording prepared by the City shall be considered part of the record of the hearing.
(Ord. 2013-07, 04-17-2013)
The City Council may require by resolution the payment of fees associated with appeals heard by the Hearing Officer.
(Ord. 2013-07, 04-17-2013)
(Ord. 2013-07, 04-17-2013)
Title 2 Chapter 1 Library
Click Here for a .pdf copy of Title 2 Chapter 1
There is hereby established the Tooele City public library. The library shall be forever free to the use of the citizens and residents of Tooele City, subject to such reasonable rules and regulations as proposed by the library board of directors and adopted by the Mayor as regulations governing the management and use of the library. The board may exclude from the use of the library any and all persons who shall willfully violate such rules. (Ord. 89-13, 08-02-89)
The Mayor, upon the advice of the library board of directors, may extend the privileges and use of the library to persons residing outside the limits of Tooele City upon such terms and conditions as prescribed by its regulations. Nonresidents will be required to provide at least partial consideration for the privilege of using the library facilities and services. (Ord. 89-13, 08-02-89)
There is hereby appointed a library board of directors, chosen from the citizens of Tooele City at large with reference to their fitness for such office. The board of directors shall consist of not less than five members and not more than nine members. Not more than one member of the City Council shall be, at any one time, a member of such board. Directors shall serve without compensation, but their actual and necessary expenses incurred in the performance of their official duties may be paid from library funds. All members shall be appointed by the Mayor with the consent of the City Council. The Recorder shall notify such appointees and request from them a written acceptance of appointment. All appointees shall within 30 days of receipt of such notification file with the Recorder an acceptance of appointment. Should the same not be filed within 30 days, the person shall be considered to have declined the appointment, and the Mayor shall designate another person for appointment. The same procedure for appointment shall thereafter be followed.
(Ord. 89-13, 08-02-89)
(Ord. 89-13, 08-02-89)
Directors shall be appointed for three-year terms, or until their successors are appointed. Initially, appointments shall be made for one-, two- and three year terms. Annually thereafter, the Mayor shall, with consent of the City Council, before the first day of July of each year, appoint for three-year terms directors to take the place of the retiring directors. Directors shall serve not more than two full terms in succession. Following such appointments, the directors shall meet and elect a chairman and such other officers, as they deem necessary, for one-year terms. The Mayor, with consent of the City Council, may remove any director for misconduct or neglect of duty. Vacancies in the board of directors, occasioned by removals, resignations, or otherwise, shall be filled for the unexpired term in the same manner as original appointments. The library board of directors shall meet quarterly and shall make and adopt rules and regulations, not inconsistent with law, for the governing of the library. The rules, regulations, and policies of the board shall be effective upon the adoption and publication thereof by the Mayor. (Ord. 89-13, 08-02-89)
The City Librarian shall annually on or before the 31st day of June, report to the Mayor as to the number of books and periodicals on hand, the number added by purchase, gift or otherwise, referring to the titles of periodicals, rather than total number of the same, the number of books lost or missing; the number of patrons on a monthly basis, the number of books loaned out, and such other statistics information and suggestions as the librarian may deem of general interest, or requested by the Mayor. (Ord. 76-12, 04-12-76)
Any person desiring to make donations of money, personal property, or real estate, for the benefit of this library shall have the right to vest the title to the money or real estate so donated in the name of Tooele City, to be held and credited to the general fund library account, when accepted, according to the terms of the deed, gift, devise, or bequest of such property; and as to the property, the Council shall be held and considered to be special trustees. (Ord. 76-12, 04-12-76; Ord. 67-3, 08-14-67)
(Ord. 89-13, 08-20-89)
All funds previously maintained by the Tooele City Board of Directors separately from the General Fund of Tooele City shall upon the final passage of this provision be transferred to the Tooele City general fund, and the funds and receipts accumulated or received from all sources by the operation of the Library shall hereafter be controlled by the Mayor, as part of the City budget general fund accounts. (Ord. 76-12, 04-12-76)
The library board of directors shall make an annual report to the City Council and Mayor on the condition and operation of the library, including a financial statement. The directors shall also provide for the keeping of records required by the Utah State Library Board in its request for an annual report from the public libraries, and shall submit such annual report to the board. (Ord. 89-13, 08-20-89)
Title 2 Chapter 2 Tooele Valley Museum Advisory Board
Click Here for a .pdf copy of Title 2 Chapter 2
(1) There is hereby created a museum advisory board of a minimum of seven members and a maximum of 14 members, one of whom shall be the mayor or the mayor’s designee. Four of the members may be ex- officio members.
(2) The museum advisory board’s chairperson shall be selected by a majority vote of the board members.
(3) Members of the museum advisory board shall serve without compensation for a term of three years. They are eligible at the end of the term for re- appointment for additional terms.
(4) All board members shall be appointed by the mayor with the consent of the council. The museum advisory board shall recommend new members for approval.
(5) Museum advisory board members shall be residents of Tooele Valley, with the exception of the four ex-officio members, who may not be.
(6) The city recorder shall notify such appointees as the mayor with the consent of the council shall designate, and request a written acceptance from them of their appointment. All designated appointees shall within 30 days file with the recorder an acceptance of appointment. Should the same not be filed within that period, the person shall be considered to have declined the appointment, and the mayor shall, with the consent of the council, designate another party for such appointment.
(7) Designated appointees, upon filing acceptance of appointment, shall automatically be members of the museum advisory board for the period of three years.
(8) The museum advisory board shall meet regularly as the mayor shall designate and shall determine and recommend rules, regulations, policies and procedures for the orderly operation and management of the museum facilities and services. The rules, regulations and policies of the board shall be effective upon the adoption and publication thereof by the mayor.
(9) All vacancies on the board occasioned by removal, resignation or otherwise, shall be reported to the mayor, who shall fill such vacancy pursuant to the manner of appointment provided in this section.
(Ord. 94-57, 01-31-95); (Ord. 85-06, 06-05-85)
The mayor, by and with the consent of the council, may remove any museum advisory board member for misconduct or neglect of duty or other grounds constituting cause. If any member of the board should refuse or neglect to attend three consecutive monthly meetings without justifiable reason for the absence, this shall be grounds for removal. (Ord. 94-57, 01-31-95); (Ord. 85-06, 06-05-85)
Any person desiring to make donations of money, personal property or real estate for the benefit of the museum shall have the right to vest the title to the money or real estate so donated in the name of Tooele City, to be held and credited to the general fund museum account, when accepted, according to the terms of the deed, gift, devise or bequest of such property. The council shall be held and considered to be special trustees of the property. (Ord. 94-57, 01-31-95); (Ord. 85-06, 06-05-85)
The museum shall be named “Tooele Valley Museum.” (Ord. 94-57, 01-31-95); (Ord. 85-06, 06-05-85)
Title 2 Chapter 3 Planning Commission
Click Here for a .pdf copy of Title 2 Chapter 3
There is herewith created a commission to be hereafter called the Planning Commission.
(Ord. 1978-26, 10-26-1978)
(Ord. 1978-26, 10-26-1978)
The duties of the Planning Commission shall be as follows:
All city staff personnel, private consultants, and planners shall be under the immediate supervision of the Director.
The Commission shall also have among its powers, the right and authority to enter upon any land, at reasonable times, to make examinations, surveys, or to place markers and monuments; to make reports and recommendations to the City Council or other public agencies and bodies, and the public in general, regarding the planning and development of the City.
(Ord. 2018-05, 02-21-2018) (Ord. 2004-10, 09-15-2004) (Ord. 1981-35, 01-07-1982) (Ord. 1978-26, 10-26-1978)
(1) To make and certify to the City Council a zoning plan, including the text of zoning ordinances, and maps designating the boundaries of the various zoning districts of the City.
(2) To recommend changes, amendments, additions, and deletions to the zoning ordinances or maps within thirty days of any proposal being submitted to the Commission by the Community Development Director (Director).Failure of the Commission to make a recommendation within said thirty day period or to obtain an extension from the City Council prior to the expiration of said period shall be considered as the approval of the proposal for all purposes.
(3) To hold public hearings, make recommendations and certify to the City Council a master plan for at least the uses of the land within the boundaries of Tooele City.
The Commission may include in any master plan proposal areas outside the geographic boundaries of the City, if the Commission finds said areas bear relation to the proper or expected development of the community and the concurrence of the governing body of the county or municipality having jurisdiction to govern the area proposed to be included is first obtained.
The Commission may include in any master plan proposal areas outside the geographic boundaries of the City, if the Commission finds said areas bear relation to the proper or expected development of the community and the concurrence of the governing body of the county or municipality having jurisdiction to govern the area proposed to be included is first obtained.
(4) To amend, change, add to, delete or alter the master plan from time to time as the Commission shall see fit, with the concurrence of the City Council.
(5) To review all applications for building permits proposals of any person, company, corporation, partnership or other legal entity for all uses requiring a conditional use permit. Commercial buildings are buildings used for commercial purposes including residential structures greater than a fourplex. Said proposals include but are not limited to proposals to construct, erect, reconstruct, improve, repair, alter, move, divide, subdivide or use any improvement, fixture or parcel of real property within the City and the review shall be for the purpose of determining, if the proposal complies with the ordinances, codes, specifications, regulation or requirements of Tooele City and its departments. No construction, erection, reconstruction, improvement, repair, alteration, move, division or subdivision proposal for other than standard single family residences shall be implemented or commenced until said proposal has been approved by the Commission in accordance with this Code.
(6) To adopt a Major Street Plan for Tooele City indicating the existing and proposed major streets, roads, and thoroughfares of the community.
(7) To amend, change and to delete or alter the M aster Street Plan, from time to time as the Commission shall see fit, with the concurrence of the City Council.
(8) To review all redevelopment agency recommendations regarding the selection and designation of a redevelopment project area and project plans to make its recommendation regarding the selection and designation thereof to the City Council.
(9) In general, to have all powers as may be necessary or convenient to provide for, promote, and perform municipal planning.
All city staff personnel, private consultants, and planners shall be under the immediate supervision of the Director.
The Commission shall also have among its powers, the right and authority to enter upon any land, at reasonable times, to make examinations, surveys, or to place markers and monuments; to make reports and recommendations to the City Council or other public agencies and bodies, and the public in general, regarding the planning and development of the City.
(Ord. 2018-05, 02-21-2018) (Ord. 2004-10, 09-15-2004) (Ord. 1981-35, 01-07-1982) (Ord. 1978-26, 10-26-1978)
There shall be seven members of the City Planning Commission, three of whom shall be appointed by the City Council, and four of whom shall be appointed by the Mayor. The City Council and Mayor may each appoint and Alternate Commissioner, to act with full authority for an absent Commissioner. The initial appointment shall be for staggered terms as determined by the Mayor. All appointments after the initial appointments shall be for periods of four (4) years each, beginning on January 1 of even-numbered years.
(Ord. 2006-09, 03-29-2006) (Ord. 2005-04, 02-02-2005) (Ord. 2004-10, 09-15-2004) (Ord 1999-31, 12-01-1999)(Ord. 1979-03, 04-05-1979)
(Ord. 2006-09, 03-29-2006) (Ord. 2005-04, 02-02-2005) (Ord. 2004-10, 09-15-2004) (Ord 1999-31, 12-01-1999)(Ord. 1979-03, 04-05-1979)
The chairman may assign specific areas of concern to each member of the Commission and said members of a subcommittee of such composition as the member and the Mayor shall see fit. The Commission member shall be the Chairperson of the subcommittee he/she is appointed to, and the subcommittee shall assist the commission member in the area of his special concern as designated by the Commission Chairperson.
(Ord. 2004-10, 09-15-2004) (Ord. 1978-26, 10-26-1978)
(Ord. 2004-10, 09-15-2004) (Ord. 1978-26, 10-26-1978)
The members of the Commission shall receive such salary and reimbursement for expenses as the City Council shall from time to time by resolution determine. Any subcommittee members appointed shall serve without compensation other than for reimbursement of out-of-pocket expenses incurred with the prior approval of the Chairman of the Commission.
(Ord. 1979-03, 04- 05-1979)
(Ord. 1979-03, 04- 05-1979)
The Commission shall meet at least once each month and all meetings shall comply with the Open and Public Meeting Law of the State of Utah, Section 52-4- 1 et seq. Should any member of the Commission fail to attend three consecutive meetings without first having made arrangements to be excused, he shall be automatically ineligible for membership on the Commission; and his position shall vacate, to be filled by appointment of the Mayor in the manner heretofore prescribed.
(Ord. 2004-10, 09-15-2004) (Ord. 1978-26, 10-26-1978)
(Ord. 2004-10, 09-15-2004) (Ord. 1978-26, 10-26-1978)
The Commission proceedings and records, the comprehensive plan, and the ordinances administered and enforced by the Commission shall be available for public inspection at all times during regular business hours. Copies of all ordinances shall be available for purchase at such cost as the Mayor shall determine to be adequate to reimburse the general fund for the cost of the preparation and administration of selling the documents.
The Director shall see that the Commission Secretary or other designee prepares the minutes of all meetings of the Commission and that the same are prepared and preserved by the Director.
Minutes shall be deemed the official record of the meeting upon the approving vote of the Commission and the approving signature of the Commission chairperson or designee.
On or before the 31st day of June of each year, the Director shall present to the City Council and the Mayor an annual report covering the activities of the Engineer’s Office and the Commission.
(Ord. 2009-14, 10-21-2009) (Ord. 2004-10, 09-15-2004) (Ord. 1978-26, 10-26-1978)
The Director shall see that the Commission Secretary or other designee prepares the minutes of all meetings of the Commission and that the same are prepared and preserved by the Director.
Minutes shall be deemed the official record of the meeting upon the approving vote of the Commission and the approving signature of the Commission chairperson or designee.
On or before the 31st day of June of each year, the Director shall present to the City Council and the Mayor an annual report covering the activities of the Engineer’s Office and the Commission.
(Ord. 2009-14, 10-21-2009) (Ord. 2004-10, 09-15-2004) (Ord. 1978-26, 10-26-1978)
(1) Members of the Planning Commission serve at the pleasure of the appointing authority, whether the Mayor or the City Council. Members of the Planning Commission do not have a property interest in their position on the Planning Commission.
(2) Members of the Planning Commission may be removed from office by the appointing authority, whether the Mayor or the City Council, for cause. Cause shall include unprofessional conduct, dishonesty, insulting or abusive behavior, conflicts of interest that remain unresolved after notice, criminal acts, and malfeasance in office.
(Ord. 2014-06, 05-07-2014)
Title 2 Chapter 4 Variances
Click Here for a .pdf copy of Title 2 Chapter 4
(Ord. 2016-15, 10-19-2016)
(Ord. 2016-15, 10-19-2016)
(1) The administrative hearing officer shall hear and decide:
(a) appeals from zoning decisions applying the zoning ordinance; and
(b) variances from the terms of the zoning ordinance.
(2) The Zoning Administrator may make determinations regarding the existence, expansion, or modification of nonconforming uses. (Ord. 2016-15, 10-19-2016) (Ord. 2006-24, 11-15-2006) (Ord. 1993-08, 05-13-1993)
(Ord. 2016-15, 10-19-2016)
(Ord. 2016-15, 10-19-2016)
(Ord. 2006-24, 11-15-2006)
(1) Any person or entity desiring a waiver or modification of the requirements of the zoning ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the administrative hearing officer for a variance from the terms of the zoning ordinance.
(2) (a) The administrative hearing officer may grant a variance only if:
(i) literal enforcement of the zoning ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the zoning ordinance;
(ii) there are special circumstances attached to the property that do not generally apply to other properties in the same district;
(iii) granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;
(iv) the variance will not substantially affect the general plan and will not be contrary to the public interest; and
(v) the spirit of the zoning ordinance is observed and substantial justice done.
(b) (i) In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under Subsection (2)(a), the administrative hearing officer may not find an unreasonable hardship unless the alleged hardship:
(A) is located on or associated with the property for which the variance is sought; and
(B) comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
(ii) In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under Subsection (2)(a),the administrative hearing officer may not find an unreasonable hardship if the hardship is self-imposed or economic.
(c) In determining whether or not there are special circumstances attached to the property under Subsection (2)(a), the administrative hearing officer may find that special circumstances exist only if the special circumstances:
-
- relate to the hardship complained of; and
- deprive the property privileges granted to other properties in the same district.
(3) The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
(4) Variances run with the land.
(4) Variances run with the land.
(5) Use variances shall not be granted.
(6) In granting a variance, the administrative hearing officer may impose additional reasonable requirements on the applicant that will:
(a) mitigate any anticipated detrimental effects of the variance; or
(b) serve the purpose of the zoning standard or requirement that is waived or modified.
(Ord. 2016-15, 10-19-2016) (Ord. 1993-08, 05-13-1993)
(Ord. 2016-15, 10-19-2016)
Title 2 Chapter 5 Repealed
Title 2 Chapter 6 Employee Grievance Appeal Board
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There is herewith established an Employee Grievance Appeal Board (hereinafter in this Chapter the “Board”).
(Ord. 2006-01, 01-04-2006); (Ord. 91-02, 06-14-91)
(Ord. 2006-01, 01-04-2006); (Ord. 91-02, 06-14-91)
(1) Three members of the board shall be elected in December or January by popular vote of the regular status employees of Tooele City. The election shall be effectuated by the Human Resources Director. If the popular vote results in a tie, the City Recorder shall randomly select one name of those tied to serve on the Board. Three alternates shall be elected in the same manner. The Board members shall serve staggered two year terms, running from January 1 to December 31. At the first election held, two members shall be selected to serve a two-year term and one member shall be selected to serve a one-year term. Thereafter all terms shall be two years unless terminated sooner as provided herein.
(2) The Tooele City Council, in January of each year following a municipal election, shall appoint two individuals to serve as Board members and a first and second alternate. The City Council shall designate one appointee to serve as Chair of the Board during the appointee’s Board term.
(Ord. 2006-01, 01-04-2006); (Ord. 91-02, 06-14-91)
(1) Whenever a vacancy occurs in the Board due to a conflict of interest, death, illness, accident, termination or resignation of a Board member, the first alternate Board member shall hear the appeal. If the first alternate is unavailable or disqualified, the second and successive alternates shall hear the appeal. The alternate Board member shall come from the same representing group (i.e. City Council appointment v. popular vote) from which the vacancy occurred. (Ord. 2006-01, 01-01-2006); (Ord. 91-02, 06-14-91)
(2) When a vacancy is filled with an alternate on a temporary basis, the alternate shall fill the vacancy for the specific appeal at issue and then revert back to alternate status. When a vacancy is protracted or permanent, the alternate shall fill the vacancy for the balance of the absent Board member’s term. Questions regarding the temporariness or permanency of a vacancy shall be resolved by a vote of the non-absent Board members. (Ord. 2006-01, 01-04-2006)
(1) Board members shall avoid the appearance of impropriety in their actions including avoiding conflicts of interest, undue bias, or prejudice.
(2) Conflicts of interest may occur when the appealing employee and a Board member, for example:
(a) are relatives, as defined in the City’s Nepotism policy;
(b) are close neighbors;
(c) are close friends;
(d) have a minister / congregant relationship
(e) have made a campaign contribution to or received a campaign contribution from one or the other;
(f) are immediate co-workers;
(g) have a direct supervisor/subordinate relationship; or,
(h) have both filed grievances involving the same or similar occurrences or issues.
(3) Any party alleging that a conflict of interest exists shall submit a letter in writing to the City Recorder in advance of the hearing date. The City Recorder shall forward the letter to the Board Chair.
(4) A Board member who has been identified as potentially having a conflict of interest may temporarily resign or may be removed from the hearing by majority vote of the remaining Board members.
(Ord. 2006-01, 01-04-2006); (Ord. 91-02, 06-14-91)
(1) After exhausting all procedural steps afforded to employees by Tooele City’s Personnel Policies and Procedures, an employee may appeal to the Appeal Board if the decision resulted in any of the following:
(a) involuntary separation (i.e., termination or dismissal);
(b) suspension without pay for more than two days;
(c) involuntary transfer from one position to another with less remuneration; or,
(d) involuntary demotion to a position of less remuneration.
(2) Appeals to the Appeal Board must be submitted to the City Recorder’s Office within ten (10) working days after receiving the final decision from internal grievance processes. The City Recorder will promptly refer a copy of the appeal to the Appeal Board members. Upon receipt of the appeal, the Appeal Board will have up to twenty (20) working days to schedule and conduct a hearing.
(3) Appealing employees have the right to appear before the Appeal Board in person, to be represented by legal counsel, to present their own witnesses and evidence, to have a public hearing, to confront the witnesses whose testimony is to be considered, and to examine the evidence to be considered by the Appeal Board. Appealing employees do not have the right to require the City to compel the attendance of witnesses not under the City’s direct control.
(4) The defending City representative has the right to appear before the Appeal Board in person, to be represented by counsel, to present their own witnesses and evidence, to confront the witnesses whose testimony is to be considered, and to examine the evidence to be considered by the Appeal Board.
(5)The Appeal Board is entitled to determine the following:
(a) whether the appealing employee was afforded adequate due process;
(b) whether the adverse employment action was lawful;
(c) whether the adverse employment action was supported by substantial evidence; and
(d) whether applicable, established Tooele City Policies and Procedures were substantially followed.
(6)The Appeal Board may not decide an appeal based upon an interpretation of law or policy different from that of managers, override or modify policy previously approved by the City Council by ordinance, override or modify duly enacted laws or regulations, or render findings based on superseded laws, policies, procedures, or practices.
(7) Each decision of the Appeal Board is by secret ballot. The Appeal Board shall transmit the ballots to the City Recorder. The Appeal Board will communicate to the City Recorder the results of the vote within five (5) working days from the date of the appeal hearing. For good cause, the Appeal Board may extend the 5-day period to a maximum of fifteen (15) working days. The City Recorder, in turn, will communicate the decision to the appealing employee and to the Mayor.
(8) If the Appeal Board finds in favor, in full or in part, of the appealing employee, the Appeal Board must provide that the employee receive either (i) the employee’s salary for the period of time during which the employee is discharged or suspended without pay, or (ii) any deficiency in salary for the period during which the employee was transferred or demoted to a position of less remuneration. Any reinstatement of salary shall be offset by any compensation the employee received from other employment during the pendency of the appeal. Insurance reinstatement is under the control of the respective insurer and reinstatement may still result in the employee being subject to re-hire status, pre-existing condition clauses, etc.
(9) Both the City and the appealing employee may submit documents and other evidence to the Board in advance of the hearing. Any materials sent to the Board shall be sent to the opposing party at the same time and in the same manner.
(10) Separate from the hearing, the Board shall not independently investigate the facts and circumstances giving rise to the appeal.
(11) Prior to the hearing, Board members shall not discuss with any employee, witness, or other party, directly or indirectly, the facts and circumstances giving rise to the appeal.
(12) The Board shall have the discretion to determine matters of hearing procedure, including:
(a) the date, time, and place of the hearing;
(b) whether to allow opening statements;
(c) whether to allow closing statements;
(d) the order in which evidence is to be presented;
(e) whether to allow argument on the evidence;
(f) the length of time each party has to present statements and argument, if any, and evidence;
(g) pre-vote deliberations;
(h) the preparation of findings of fact; and,
(j) other procedural matters.
(b) whether to allow opening statements;
(c) whether to allow closing statements;
(d) the order in which evidence is to be presented;
(e) whether to allow argument on the evidence;
(f) the length of time each party has to present statements and argument, if any, and evidence;
(g) pre-vote deliberations;
(h) the preparation of findings of fact; and,
(j) other procedural matters.
(13) The Appeal Board will deliver to the City Recorder written findings supporting the majority vote.
(14) The City Recorder will keep a record of the appeal. The record will include, among other things, the following:
(a) the marked ballots;
(b) the findings;
(c) any recording of the appeal proceedings; and,
(d) all evidence and materials submitted to the Board by the City and by the appealing employee.
(Ord. 2006-01, 01-04-2006); (Ord. 91-02, 06-14-91)(1) The result of the Appeal Board’s secret ballot vote may be appealed by either the City or the appealing employee to the Utah Court of Appeals by filing with that Court a Notice of Appeal pursuant to U.C.A. §10-3-1106 (1953), as amended.
(2) In the event an appeal is filed with the Court of Appeals, the decision of the Appeal Board, including payment of back wages, will be automatically stayed from the date of the Appeal Board’s vote until a ruling has been rendered by the Court of Appeals.
(Ord. 2006-01, 01-04-2006)
Title 2 Chapter 7 Historical Preservation Commission
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There is hereby created an Historical Preservation Commission of five (5) or more members with a demonstrated interest, compliance or knowledge in historical preservation. At least two (2) of these members shall be professionals from the disciplines of history and architecture or architectural history. The members shall be appointed by the Mayor with the consent of the Council. Said members shall be residents of Tooele City. The Recorder shall notify such appointees and request a written acceptance from them on their appointment. All such designated appointees shall within thirty (30) days file with the Recorder his or her acceptance of appointment. Should the same not be filed within the said period, the person shall be considered to have declined the appointment, and the Mayor shall, with the consent of the Council, designate another party for such appointment. The designated appointees upon filing acceptance of appointment, shall automatically be members of the Historical Preservation Commission. The Historical Preservation Commission shall meet at least twice each year and shall appoint a Chairperson from among its members. Business shall be conducted in open public meetings with written minutes of each Commission meeting, prepared and available for public inspection. All vacancies on the Commission occasioned by removal, resignation or otherwise shall be reported to the Mayor, who shall fill such vacancy pursuant to the manner of appointment provided herein.
(Ord. 2023-10, 03-01-2023) (Ord. 1985-02, 02-28-1985)
(Ord. 2023-10, 03-01-2023) (Ord. 1985-02, 02-28-1985)
It shall be the duty of the Commission to:
(1) Survey and inventory community historic resources. The Historic Preservation Commission shall conduct or cause to be conducted a survey of historic, architectural and archeological resources within Tooele City. The survey shall be compatible with the Utah Inventory of Historic and Archeological Sites. Survey and Inventory documents shall be maintained and open to the public. The survey will be updated at least every ten (10) years.
(2) Review Proposed Nominations to the National Register of Historic Places. The Historic Preservation Commission shall review and comment to the State Historic Preservation Officer on all proposed National Register nominations for the properties within the boundaries of Tooele City. When the Historic Preservation Commission considers a National Register nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the Commission, the Commission will seek expertise in this area before rendering its decision.
(3) Provide advice and information.
(a) The Historic Preservation Commission shall act in an advisory role to other officials and departments of Tooele City regarding the identification and protection of local historic and archeological resources.
(b) The Historic Preservation Commission shall work toward the continuing education of citizens regarding historic preservation and Tooele City’s history.
(4) Enforcement of State Historic Preservation Laws. The Commission shall support the enforcement of all State laws relating to historic preservation. These include, but are not limited to the following Utah Code Sections: Utah Code Annotated Section 11-18-2, “The Historic District Act”; Utah Code Annotated Sections 63-18-25, 27, and 30 regarding the protection of Utah antiquities; and Utah Code Annotated Section 63-18-37 regarding notification of the State Historic Preservation Office of any known proposed action which would destroy or effect a site, building or object owned by the State of Utah and included on or eligible for the State of National Registers.
(Ord. 1985-02, 02-20-1985)
Title 2 Chapter 8 Accessibility Committee
Click Here for a .pdf copy of Title 2 Chapter 8
(1) There is hereby established an Accessibility Committee.
(2) The committee shall bear the responsibility of completing on or before July 26, 1992 a “transition plan” identifying all obstacles to accessibility in City facilities and programs, and providing a detailed plan and schedule to correct the problems.
(3) The committee shall also complete by January 26, 1993 an evaluation of all city services, programs and policies to identify all barriers to accessibility.
(4) The committee shall review for disabled accessibility all plans and designs for new construction in the city, both public and private, and make recommendations and give advice to the city engineer and building inspector regarding such plans.
(5) The committee shall evaluate and report on the city’s compliance with the ADA. (Ord. 99-32, 12-01-99); (Ord. 92-07, 3-4-92)
(5) The committee shall evaluate and report on the city’s compliance with the ADA. (Ord. 99-32, 12-01-99); (Ord. 92-07, 3-4-92)
The Accessibility Committee shall consist of three members, two of whom shall be chosen from the citizens of Tooele City at large with reference to their fitness for such office, and the other representing the city community development department. The committee members shall serve without compensation. All members shall be appointed by the mayor with the consent of the city council. The city recorder shall notify such appointees and request from them a written acceptance of appointment. All appointees shall within 30 days of receipt of such notification file with the recorder an acceptance of appointment. Should the same not be filed within 30 days, the person shall be considered to have declined the appointment and the mayor shall designate another person for appointment. The same procedure for appointment shall thereafter be followed.
(Ord. 99-32, 12-01-99); (Ord. 92-07, 3-4-92)
(Ord. 99-32, 12-01-99); (Ord. 92-07, 3-4-92)
Accessibility committee members shall be appointed for a two-year term. Following their appointments, the members shall meet and elect a chairman and such other officers as they deem necessary. The mayor, with consent of the city council, may remove any director for misconduct or neglect of duty. Vacancies in the board of committee members, occasioned by removals, resignations, or otherwise, shall be filled for the unexpired term in the same manner as original appointments. The Accessibility committee shall establish their own schedule of meetings. (Ord. 99-32, 12-01-99); (Ord. 92-07, 3-4-92)
The Accessibility committee shall make a quarterly report to the city council and mayor on the progress toward creating the transition plan and the self evaluation due January 26, 1993. (Ord. 99-32, 12-01-99); (Ord. 92-07, 3-4-92)
Title 2 Chapter 9 Designation of Landmark Sites
(c) Recommendation of Commission: Following any investigation deemed necessary by the Commission, but in no case more than sixty (60) days after the receipt of any application for designation, the Historic Preservation Commission shall make a formal recommendation regarding the application. If designation proceedings are initiated by the Commission, final recommendation shall be made by the Commission no more than sixty (60) days after such initiation. The Commission's recommendation shall be in writing and signed by the chairperson of the Commission, and shall state the reasons for the recommendation. The recommendation may be limited to the proposed historic resource as described in the application, or may include other historic resources.
(d) Forward Recommendations to Planning Commission: Within thirty (30) days after the final recommendation of the Historic Preservation Commission on a designation application, the Commission shall forward each application to the Planning Commission, together with the Commission's recommendations.
(e) Action by Planning Commission: After considering the Historic Preservation Commission's recommendations, the Planning Commission may, by resolution, designate historic resources. Prior to the passage of the resolution, the Planning Commission shall hold a public hearing, notice of which shall be published online at Utah Public Notice, on the Tooele City website, and mailed to the owner or owners of property proposed for designation. Notice shall be as described in this Section. Following designation by resolution, a notice of such shall be mailed to the owners of record together with a copy of the designation resolution and of this Title.
(f) Amend or Rescind: After an historic resource has been formally designated by the Planning Commission, the designation may be amended or rescinded in the same manner as the original designation was made.
Click Here for a .pdf copy of Title 2 Chapter 9
Upon application of the property owner or by recommendation from the Historic Preservation Commission with written consent of the property owner, the Planning Commission may designate certain areas or structures as landmark sites if the property satisfies the criteria in this section.
(Ord. 2023-39, 01-17-2024)
(Ord. 2023-39, 01-17-2024)
Any building, structure, or site (hereinafter referred to as "historic resource") may be designated as a Tooele City landmark site if it meets the criteria in subsections 2a through 2c of this Section, and at least one (1) of the other criteria set forth in subsections 2d through 2g of this Section:
(a) It is located within the boundaries of Tooele City.
(a) It is located within the boundaries of Tooele City.
(b) It is at least seventy-five (75) years old.
(c) There are no major alterations or additions that have obscured or destroyed significant historic features, such as: changes in pitch of the main roof, enlargement or enclosure of windows on the principal facades, addition of upper stories or the removal of original upper stories, covering the exterior walls with non-historic materials, moving the resource from its original location to one that is dissimilar to the original, or additions which significantly detract from or obscure the original form and its appearance when viewed from the public rights-of-way.
(d) It is currently listed in the National Register of Historic Places, or it has been officially determined eligible for listing in the National Register of Historic Places under the provisions of 36 CFR 60.6. Properties listed on or determined to be eligible for the national register must still retain their structural, architectural, and historic integrity. This process may be undertaken by consulting the State Historic Preservation Office to conduct a Reconnaissance Level Survey.
(e) It is associated with events that have made a significant contribution to the broad patterns of the history of the city, state, or nation.
(f) It embodies the distinctive characteristics of a rare or unique type, period, or method of construction, or represents the work of an architect or builder recognized as a master in their field, or possesses high artistic values or style, or represents a significant and distinguishable entity whose components may lack individual distinction.
(f) It embodies the distinctive characteristics of a rare or unique type, period, or method of construction, or represents the work of an architect or builder recognized as a master in their field, or possesses high artistic values or style, or represents a significant and distinguishable entity whose components may lack individual distinction.
(g) It has yielded or may be likely to yield information important in prehistory or history (archaeological sites, for example).
(Ord.2024-39, 09- 19-2024)
(Ord.2024-39, 09- 19-2024)
(a) Application: Any person, group or association may nominate a prospective historic resource for formal
designation. The initiation of designation proceedings must be made by submitting to the Economic Development Department an application on a form furnished by the Department. The Department shall deliver all applications to the Historic Preservation Commission. The Commission, on its own motion, may initiate proceedings for the designation of a potential historic resource. The application shall be similar in form to that used for the National Register of Historic Places.
(b) Notice to Owner: Notice that an application for designation is being considered by the Historic Preservation Commission shall be given to the owner or owners of record of the historic resource. The owner or owners shall be notified by regular U.S. mail, at the mailing address on record with the Tooele County Recorder, and at the property address, at least five (5) business days prior to Commission consideration of the application. The owner or owners shall have the right to confer with the Commission prior to final action by the Commission.
(c) Recommendation of Commission: Following any investigation deemed necessary by the Commission, but in no case more than sixty (60) days after the receipt of any application for designation, the Historic Preservation Commission shall make a formal recommendation regarding the application. If designation proceedings are initiated by the Commission, final recommendation shall be made by the Commission no more than sixty (60) days after such initiation. The Commission's recommendation shall be in writing and signed by the chairperson of the Commission, and shall state the reasons for the recommendation. The recommendation may be limited to the proposed historic resource as described in the application, or may include other historic resources.
(d) Forward Recommendations to Planning Commission: Within thirty (30) days after the final recommendation of the Historic Preservation Commission on a designation application, the Commission shall forward each application to the Planning Commission, together with the Commission's recommendations.
(e) Action by Planning Commission: After considering the Historic Preservation Commission's recommendations, the Planning Commission may, by resolution, designate historic resources. Prior to the passage of the resolution, the Planning Commission shall hold a public hearing, notice of which shall be published online at Utah Public Notice, on the Tooele City website, and mailed to the owner or owners of property proposed for designation. Notice shall be as described in this Section. Following designation by resolution, a notice of such shall be mailed to the owners of record together with a copy of the designation resolution and of this Title.
(f) Amend or Rescind: After an historic resource has been formally designated by the Planning Commission, the designation may be amended or rescinded in the same manner as the original designation was made.
Upon official designation, the City Recorder shall record the designation resolution with the County Recorder's Office. The City Recorder will also deliver copies of all designation resolutions to the Economic Development Department. (Ord.2024-39, 09-19-2024)
After the Planning Commission's approval of a designation resolution and prior to construction, landmark sites may be granted a certificate of appropriateness only if the following conditions are satisfied:
(1) Substantial investment is made to upgrade the property and enhance its historic significance.
(2) Any renovation maintains or enhances the historic, architectural and aesthetic features of the property.
(3) The Planning Commission may impose such other conditions for granting a certificate of appropriateness as it deems necessary to protect the character of the landmark site.
(Ord.2024-39, 09-19-2024)
(1) Substantial investment is made to upgrade the property and enhance its historic significance.
(2) Any renovation maintains or enhances the historic, architectural and aesthetic features of the property.
(3) The Planning Commission may impose such other conditions for granting a certificate of appropriateness as it deems necessary to protect the character of the landmark site.
Any construction upon a landmark site that materially changes the exterior appearance of, adds to, reconstructs, or alters a landmark site shall require a certificate of appropriateness from the Planning Commission. Applications for such permits shall be made to the Historic Preservation Commission who shall
recommend the granting or denial of the certificate to the Planning Commission. The Planning Commission shall have final authority to grant or deny a permit to construct that is consistent with standards set forth herein. A certificate of appropriateness shall be required for alterations such as but not limited to:
(a) Any construction that requires a building permit
(b) Removal and replacement or alteration of architectural detailing, such as porch columns, railing, window moldings, cornices and siding;
(c) Relocation of a structure or object on the same site or to another site;
(d) Construction of additions or decks;
(e) Alteration or construction of accessory structures, such as garages, carports, sheds, accessory dwelling units, etc.;
(f) Alteration of windows and doors, including replacement or changes in fenestration patterns;
(g) Construction or alteration of porches;
(h) Masonry work, including, but not limited to, tuckpointing, sandblasting and chemical cleaning;
(i) Construction or alteration of site features including, but not limited to, fencing, walls, paving and grading;
(j) Installation or alteration of any exterior sign;
(k) Any demolition;
(l) Change, addition of, or removal of exterior paint; and
(m) New construction.
(Ord.2024-39, 09-19-2024)
recommend the granting or denial of the certificate to the Planning Commission. The Planning Commission shall have final authority to grant or deny a permit to construct that is consistent with standards set forth herein. A certificate of appropriateness shall be required for alterations such as but not limited to:
(a) Any construction that requires a building permit
(b) Removal and replacement or alteration of architectural detailing, such as porch columns, railing, window moldings, cornices and siding;
(c) Relocation of a structure or object on the same site or to another site;
(d) Construction of additions or decks;
(e) Alteration or construction of accessory structures, such as garages, carports, sheds, accessory dwelling units, etc.;
(f) Alteration of windows and doors, including replacement or changes in fenestration patterns;
(g) Construction or alteration of porches;
(h) Masonry work, including, but not limited to, tuckpointing, sandblasting and chemical cleaning;
(i) Construction or alteration of site features including, but not limited to, fencing, walls, paving and grading;
(j) Installation or alteration of any exterior sign;
(k) Any demolition;
(l) Change, addition of, or removal of exterior paint; and
(m) New construction.
(Ord.2024-39, 09-19-2024)
No structure of building within a landmark site designation shall be demolished or removed unless the structure poses an immediate hazard to human health and safety. An owner's application for landmark site
designation includes the owner's (1) acknowledgment of and agreement to construction limitations and demolition prohibitions on the site, (2) waiver of construction and demolition rights the owner might otherwise have, and (3) release of claims against Tooele City and its officers, agents, boards, and employees. The landmark site application form shall expressly state this owner acknowledgment, agreement, and waiver, with the location for the owner's signature.
(Ord.2024-39, 09-19-2024)
designation includes the owner's (1) acknowledgment of and agreement to construction limitations and demolition prohibitions on the site, (2) waiver of construction and demolition rights the owner might otherwise have, and (3) release of claims against Tooele City and its officers, agents, boards, and employees. The landmark site application form shall expressly state this owner acknowledgment, agreement, and waiver, with the location for the owner's signature.
(Ord.2024-39, 09-19-2024)
Application for, assistance with, and use of grant funding for landmark sites shall be conditioned upon the
Owner's agreement to comply with the provisions of this Chapter. Persons who violate this ordinance through
unapproved demolition, construction, or modifications to landmark sites shall be required to correct or remedy
improper construction and to restore the landmark site to the former, historic condition.
(Ord.2024-39, 09-19-2024)
Owner's agreement to comply with the provisions of this Chapter. Persons who violate this ordinance through
unapproved demolition, construction, or modifications to landmark sites shall be required to correct or remedy
improper construction and to restore the landmark site to the former, historic condition.
(Ord.2024-39, 09-19-2024)
Title 3 Chapter 1 Fire Department
(Ord. 2012-08, 03-21-2012) (Ord. 1993-18, 10-01-1993)
Click Here for a .pdf copy of Title 3 Chapter 1
The Fire Department, a part of the Department of Public Safety, shall consist of the Chief of the Department, one or more assistant chiefs, one or more chauffeurs or engineers and not to exceed fifty (50) men as call men who shall or may volunteer for such services, and be accepted by a majority vote of the membership.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
The salary of the Chief of the Fire Department shall be fixed by ordinance, and the salary of the members of the Fire Department shall be fixed by the Assistant to the Mayor, with the approval of the Mayor, within any adopted salary schedule. (See Charter, Sec. 2-10)
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
The Chief of the Fire Department may recommend the appointment or removal of any officer or member of the Department to the Mayor. However, in case of emergency the Fire Chief may appoint or discharge members of the Department for the duration of the emergency.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
The duty of extinguishing fires and of protecting life and property is entrusted to the Chief of the Fire Department. He may divide the City into Fire districts and make such rules and regulations, subject to the approval of the Director of Public Safety for the government of all officers and members of the Department, as he may deem expedient. He may make suitable regulations under which the officers and members of the Department shall be required to wear an appropriate uniform or badge, by which, in case of fire and at other times, the authority and position in the Fire Department may be known. The Chief shall have the sole and entire command over all officers and members of the Department at fires. He shall have full charge at all times of all apparatus and appurtenances belonging to the Department, and he shall adopt such measures as he shall deem expedient for the extinguishment of fires, protection of property, or preservation of order and observance of the laws of the State, and for the enforcement of the duties required of him by law and the provisions of this Code. It shall be the duty of the Chief of the Department to inspect engines, hose and hook ladder equipment of the Fire Department.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
It shall be especially the duty of the Chief of the Fire Department to see that at all times the provisions of this Code relating to the protection and regulations of property are strictly enforced, and also all provisions for the prevention of and the protection against fires.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
When a fire is in progress, the Chief of the Department, or in his absence, the Officer in charge, in case of urgent public necessity, may order any telegraph, telephone, electric light wires or poles, in close proximity thereto, to be torn down or otherwise disposed of for the purpose of checking the conflagration, but neither the Chief of the Department or any Officer or member of the Fire Department shall unnecessarily or recklessly destroy or injure any building or other property.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
Whenever a fire shall occur it shall be lawful for the Chief or the Officer in command to blockade any street, avenue, alley, sidewalk or other place if in his judgment it is necessary to secure the efficient working of the men, hose, engines, or hook and ladder apparatus under his command, and to protect the hose of said Department from injury. It shall be unlawful for any person to break through said blockade.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
The Chief of Police in conjunction with the Fire Officer in charge may prescribe the limits in the vicinity of the fire within which no person, except members of the department, and police, or those admitted by order of the Officer in charge shall be permitted to come.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
The Chief or any Officer in charge of the Department may require the aid of every citizen, inhabitant or stander-by in drawing any engine, cart or other fire apparatus to the fire and upon the refusal or neglect of any such person to immediately comply with such requirement, the offender shall be deemed guilty of a misdemeanor. All officers authorized to command the aid or assistance of a citizen, inhabitant or by-stander are authorized likewise to arrest such citizen, inhabitant or by-stander for refusal to obey any reasonable directions for the extinguishing of fire or the protection of property.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
Prompt, quiet obedience must be given all orders from Officers, and no disputing shall be allowed while on duty. In going to, while at, or returning from fires, all unnecessary noise shall be avoided, and a civil demeanor shall always be preserved to citizens, but no orders shall be taken from them.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
Any person who shall wilfully hinder any Officer or Fireman in the charge of his duty at a fire, or in any manner injure, deface or destroy any engine, hose or other fire apparatus belonging to the City or who shall interfere with any Fire Company or person, or who shall wilfully break or injure a water pipe, or in any way interfere with the water or its source of supply shall be deemed guilty of a misdemeanor.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
The Chief of the Fire Department or any other Officer in charge, shall have the right to use water from any source for the purpose of extinguishing fires or for saving property in danger of being destroyed thereby.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
It shall be the duty of the Fire Chief, subject to the approval of the Director of Public Safety, to make such rules and regulations as may be necessary for the prevention of fire in theaters, schools, churches and other places of assemblage or public amusement. Such rules and regulations shall be printed and posted in conspicuous places as designated by the Fire Chief, and it shall be unlawful for any person to remove, obstruct or deface the same. It shall be the duty and responsibility of the owner, manager, agent or person having control of such building to cause and bring about compliance with all such rules and regulations.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
It shall be unlawful for any person to permit the accumulation of empty boxes, waste, or other inflammable substance on any premises or carry on any business in or about any premises in such a manner as to endanger such premises or building or other buildings to fire or explosion.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
The Fire Chief or his Deputies shall have the right to enter upon any premises at all reasonable hours for the purpose of inspecting the same.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
Whenever in the judgment of the Fire Chief, any building or structure, or any portion thereof, or any appurtenances or fixtures thereto, or any chimney, smokestack, stove, oven, furnace or wiring or thing connected with such building or premises is deemed defective or unsafe, and such defect or unsafe condition is such as to create a danger from fire; or whenever the owner or occupant of said building or structure or part thereof keeps material, waste or rubbish of any description in such a manner that the same creates a danger from fire; the Fire Chief or his deputies shall give the owner, or person having control of such building or structure not exceeding five (5) days notice of required changes, alterations, or repairs necessary to render the same safe to life and property from fire, and any person refusing or neglecting to comply with such notice shall be deemed guilty of a misdemeanor.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
Whenever any unoccupied building is not properly secured or enclosed, the Fire Chief, or his deputies shall immediately visit the premises and notify the owners or persons having control of the same forthwith to secure or enclose the same and the person so notified as aforesaid, shall, within forty-eight (48) hours comply therewith.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
The Chief (or in his absence, his assistants in charge of the fire),shall, after its extinguishment, make a prompt and thorough investigation of the cause of the fire, the time of breaking out, the amount of loss and insurance, a description of the affected buildings and premises, and shall secure all other useful information and data available, and record the same in a book kept for that purpose in the office of the Department and shall report the same to the Public Safety Director at such times as he may direct.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
(Ord. 87-22, 01-02-88)
(Ord. 87-22, 01-02-88)
(Ord. 87-22, 01-02-88)
(Ord. 87-22, 01-02-88)
(Ord. 87-22, 01-02-88)
All City engines, hose and other fire equipment shall be kept at such place or places as the Public Safety Director shall provide and designate, and shall be kept in proper condition for immediate use.
(Ord. 67-3, 08-14- 67)
(Ord. 67-3, 08-14- 67)
If, by accident or otherwise, the property of any person is damaged by the Fire Company, it shall be the duty of the Officer having charge of such Company causing the damage to report the same immediately to the Chief.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
Any person who may use or in any way interfere with any fire apparatus, without the consent of the Chief, shall be guilty of a misdemeanor.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
The Council may enter into cooperative agreements with the governing bodies of Cities, Towns and Counties of the State of Utah and in close proximity to the City to extinguish fires in any such areas outside the City limits of the City and may authorize the Fire Department under regulations established for that purpose to extinguish fires in such areas; and the City shall not be liable for any damage to persons or property resulting from fire fighting equipment being outside the City limits pursuant to such agreements.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
(Ord. 87-22, 01-02-88)
(1) General Rule. No person shall, for the purpose of final disposal thereof, burn on any lot, street, alley, gutter or on any land, public or private, any solid waste.
(2) Exception. Recreational or cooking fires are allowed by persons on their own property so long as:
(a) the recreational or cooking intention for the fire is evident;
(b) the fire pile height does not exceed 12 inches above the bottom of the fire ring, fire pit, or other fire containing structure at any time;
(c) the fire is contained within a non-combustible fire ring, fire pit, or other fire containing structure no larger than 36 inches in diameter;
(d) fire extinguishing items are immediately on-hand (e.g., hose, shovel, water bucket, fire extinguisher); and,
(e) the fire does not become a smoke or fume nuisance to neighboring properties.
(Ord. 2012-08, 03-21-2012) (Ord. 1993-18, 10-01-1993)
Title 3 Chapter 2 Flammable Liquids
Click Here for a .pdf copy of Title 3 Chapter 2
All words and phrases used in this Chapter have been defined by the latest edition of the International Fire Code as adopted by the State of Utah and by Tooele City.
(Ord. 2004-15, 10-20-04); (Ord. 99-20, 07-07-99); (Ord. 67-3, 08-14-67)
(Ord. 2004-15, 10-20-04); (Ord. 99-20, 07-07-99); (Ord. 67-3, 08-14-67)
(Ord. 75-22, 9-25-75)
(Ord. 73-04, 8-13-73)
Tank trucks, tank full trailers, tank semi-trailers, and all tank vehicles making deliveries of flammable liquids to bulk storage plants located on East Vine Street shall do so over the following described routes, to wit: Utah Avenue east to 2nd Street, thence south on 2nd Street. Tank trucks, tank full trailors, tank semitrailers, and all tank vehicles making deliveries of flammable liquids to bulk storage plants located within the City on West Vine Street shall do so over the following described route, to wit: First North Street west to Coleman Street; thence south on Coleman Street to Vine Street; thence east on Vine Street to bulk plant.
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
Title 3 Chapter 3 Fire Code
Click Here for a .pdf copy of Title 3 Chapter 3
Tooele City recognizes that the State of Utah has adopted the International Fire Code, as amended and/or revised, as law governing the State of Utah and all political subdivisions thereof. To the extent that Tooele City is not preempted by the law of the State of Utah from adopting the International Fire Code as an ordinance of
Tooele City, its most current edition is so adopted, including its Appendices B, C, D, F, and H.
(Ord. 2022-44, 12-21-2022) (Ord. 2005-14, 06-15-2005) (Ord. 2004-15, 10-20-2004) (Ord. 1998-04, 01-21-1998) (Ord. 1995-04, 05-19-1995)
Tooele City, its most current edition is so adopted, including its Appendices B, C, D, F, and H.
(Ord. 2022-44, 12-21-2022) (Ord. 2005-14, 06-15-2005) (Ord. 2004-15, 10-20-2004) (Ord. 1998-04, 01-21-1998) (Ord. 1995-04, 05-19-1995)
The “International Fire Code” and the “International Fire Code Standards” shall be enforced by the Tooele City fire department in coordination with the Community Development Department.
(Ord. 2022-05, 02-02-2022) (Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
(Ord. 2022-05, 02-02-2022) (Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
As used in the “International Fire Code”:
(1) “Jurisdiction” means Tooele City.
(2) “Chief of the bureau of fire prevention” means the fire chief.
(Ord. 2004-15, 10-20-04); (Ord. 1995-04, 05-19-1995)
The provisions of the “International Fire Code” shall be read and interpreted whenever possible so as to comply with the provisions of the zoning, building, and other ordinances of Tooele City. If a conflict between the “International Fire Code” and another ordinance arises, the conflicting provisions shall be interpreted to first provide for the greatest safety of the property and citizens of the community, and second to provide as nearly as possible for the accomplishment of the intent of the “International Fire Code.”.
(Ord. 2004-15, 10-20-04) (Ord. 1995-04, 05-19-1995)
(Ord. 2004-15, 10-20-04) (Ord. 1995-04, 05-19-1995)
Applications for permits made under Section 105 of the “International Fire Code” shall be made to the Tooele City Engineering Department.
(Ord. 2004-15, 10-20-04) (Ord. 1995-04, 05-19-1995)
(Ord. 2004-15, 10-20-04) (Ord. 1995-04, 05-19-1995)
The limits referred to in Section 7902 of the “International Fire Code” in which the storage of flammable or combustible liquids is restricted are hereby established as follows: in M-D and M-G zoning districts by permitted use, and in C-G zoning districts by conditional use only.
(Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
(Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
The limits referred to in Sections 8204 and 8212 in which the storage of liquefied petroleum gas is restricted are hereby established as follows: in M-D and M-G zoning districts by permitted use, and in C-G zoning districts by conditional use only.
(Ord. 1995-04, 05-19-1995)
(Ord. 1995-04, 05-19-1995)
The limits referred to in Section 7702 of the “International Fire Code” in which storage of explosive materials is prohibited are hereby established as follows: in M-D, M-G, and C-G zoning districts by conditional use only.
(Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
(Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
Section 7901.1.1 of the “International Fire Code” is amended by adding the following: “No flammable or combustible liquid shall be dispensed from, transported in, or stored in any glass, crockery, or similar breakable container.”
(Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
(Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
It is unlawful for any person to build, maintain, or assist in building or maintaining any fire upon any paved street.
(Ord. 1995-04, 05-19-1995)
(Ord. 1995-04, 05-19-1995)
Whenever the chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this chapter or the “International Fire Code” do not apply or that their true intent and meaning have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief to the board of appeals created under authority of Section 103.1.4 of the “International Fire Code.”
(Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
(Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
The chief of the fire department shall determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies for which permits are required in addition to those now enumerated in the “International Fire Code.” The fire chief shall post a list of such new materials, processes, or occupancies in a conspicuous place at the fire department and distribute copies thereof to interested persons.
(Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
(Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
(1) Any person who violates or fails to comply with any of the provisions of this chapter, the “International Fire Code”, or the “International Fire Code Standards,” or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the board of appeals or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a class C misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit the violation to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
(2) The application of the penalty identified in Subsection (1) of this Section shall not be held to prevent the enforced removal of prohibited conditions.
(Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
All new Type II (Fire Resistive) and Type II (Noncombustible) construction over 25,000 square feet and all buildings of “Unlimited Area” construction will require the installation of an “Internal Coaxial Antenna” which supports the Tooele County Public Safety radio communications system. Implementation of this ordinance shall be pursuant to an Administrative Policy recommended by the fire chief and approved by the Mayor.
(Ord. 2006-12, 04-27-2006) (Ord. 2001-26, 08-15-2001) (Ord. 2001-21, 06-20-2001)
(1) All new commercial and rebuilt commercial roof-ceiling assemblies that are not exempted by this ordinance, which are constructed of lightweight unprotected or non-rated metal, and/or wood framed roof systems utilizing wood panels, and/or trussed combustible construction systems, require the installation of approved “Smoke and Heat Vents” to provide for automatic ventilation of structures in the event of a fire. The word “rebuilt” shall mean and apply to any existing structure which undergoes more than fifty percent (50%) structural framing renovation of the roof.
(2) One (1) 2 foot by 4 foot (2’ X 4’) “Smoke and Heat Vent” shall be installed for every zero to fifteen hundred (0’-1500’) square feet of the top floor’s floor space in non-sprinkled buildings, or one (1) skylight type 4-foot by 4-foot (4’ X 4’) “Smoke and Heat Vent” for every zero to three-thousand (0’-3000’) square feet of the top floor’s floor space. “Smoke and Heat Vents” shall have a minimum nominal unobstructed opening of two feet by four feet (2′ x 4′) or four feet by four feet (4’ x 4’), respectfully. Approved fusible link “Smoke and Heat Vents” with unobstructed openings of four feet by four feet (4’ x 4’) for every three-thousand (3000’)square feet of the top floor’s floor space are also acceptable. The “Smoke and Heat Vents” shall be evenly separated with one (1) “Smoke and Heat Vent” every fifteen-hundred or three-thousand (1500’ or 3000’) square feet depending on the installation preference. The interior termination points shall penetrate rated or non-rated ceiling structures and be located in common areas of the top floor. The “Smoke and Heat Vents” shall be installed with a minimum of a 1-hour fire rated chase. The opening must be unobstructed by structural elements. In the event there is no enclosed attic, “Smoke and Heat Vents” shall be installed without a rated chase. Security screening may be installed which does not significantly decrease the area of the unobstructed opening. The screening may not hamper more than 10% of the opening.
(3) Exemptions.
(a) Single-family dwellings and multiple-family dwellings of four (4) units or less are exempt from these requirements.
(b) Multiple-family apartment/condominium/town-house type buildings with each apartment having an exterior egress with no common interior hallways are exempt from these requirements.
(c) Multiple-family dwellings not exempt that have common hallways shall have at least one (1) two-foot by four-foot (2’ x 4’) approved skylight in each apartment/condominium/townhouse as specified above. These dwellings shall also be required to meet the requirements of this Section for installation of “Smoke and Heat Vents” as applied to common areas of the top floor’s floor space.
(d) Unoccupied storage units with individual exterior openings are exempt from these requirements.
(e) Occupancies/Buildings that have engineered and designed smoke and heat removal systems, which meet the intent of this ordinance, are exempt from these requirements. The Fire Department Chief or designated representative will determine and approve any such exemption.
(Ord. 2003-22, 07-15-2003) (Ord. 2001-27, 8-15-2001)
(1) As a condition of any building permit approval, the following structures shall be equipped with a key lock box at or near the main entrance or such other location required by the Tooele City Fire Chief:
(a) non-residential structures protected by an automatic alarm system or automatic suppression system, or that are secured in a manner that restricts access during an emergency; and,
(b) multi-family residential structures that have restricted access through locked doors and have a common corridor for access to the living units.
(2) All newly constructed structures subject to this Section shall have a key lock box installed and operational prior to the issuance of an occupancy permit. All existing structures subject to this Section that are required to obtain a building permit for any purpose shall have a key lock box installed and operational prior to the final City building inspection.
(3) The Fire Chief shall designate the type of key lock box system to be implemented within the City and shall have the authority to require all structures to use the designated system.
(4) The owner or operator of a structure required to have a key lock box shall, at all times, keep a key in the lock box that will allow for access to the structure.
(5) The Fire Chief shall be authorized to implement rules and regulations for the use of the lock box system.
(Ord. 2009-17, 11-18-2009)
Title 3 Chapter 4 Fireworks
Click Here for a .pdf copy of Title 3 Chapter 4
This act shall be known and may be cited as the “Tooele Fireworks Act.” (Ord. 1988-24, 08-03-1988)
The definitions in Utah Code §53-7-202, as amended, apply to this act.
(Ord. 2010-13, 10-06-2010) (Ord. 1988-24, 08-03-1988)
(Ord. 2010-13, 10-06-2010) (Ord. 1988-24, 08-03-1988)
Except as provided hereafter, it is unlawful for any person or entity to sell, offer for retail sale, or discharge within the limits of Tooele City any fireworks other than Class C common state approved explosives. Any person or entity who is found in violation of this section is guilty of a class B misdemeanor
(Ord. 2011-12, 06-15-2011) (Ord. 2010-13, 10-06-2010) (Ord. 1997-05, 02-04-1997) (Ord. 1988-24, 08-03-1988)
(Ord. 2011-12, 06-15-2011) (Ord. 2010-13, 10-06-2010) (Ord. 1997-05, 02-04-1997) (Ord. 1988-24, 08-03-1988)
(1) Every Tooele City officer charged with the enforcement of state and municipal laws including all fire enforcement officials and the division of public safety is charged with responsibility to enforce this act.
(2) Fireworks sold or offered for sale in violation of this chapter may be seized and destroyed and the license of the person selling or offering fireworks for sale may be revoked, without refund of license fee or bond.
(Ord. 1988-24, 08-03-1988)
Class C common state approved explosives may be sold each year beginning on June 24 and ending on July 25; beginning on December 29 and ending on December 31; and two days before and on the Chinese New Year’s eve.
(Ord. 2018-09, 07-18-2018) (Ord. 2012-14, 05-16-2012) (Ord. 2011-12, 06-15-2011) (Ord. 2010-13, 10-06-2010) (Ord. 1988-24, 08-03-1988)
(Ord. 2018-09, 07-18-2018) (Ord. 2012-14, 05-16-2012) (Ord. 2011-12, 06-15-2011) (Ord. 2010-13, 10-06-2010) (Ord. 1988-24, 08-03-1988)
(1) Dates. Fireworks authorized by this act may be discharged each year beginning on July 2 and ending on July 5; beginning on July 22 and ending on July 25; on January 1 and December 31; and on the Chinese New Year’s eve.
(2) Times Fireworks authorized by this act shall not be discharged before 11 a.m. or after 11 p.m. on any given day, except that fireworks may be displayed
(A) on December 31 after 11 p.m. through 1:00 a.m. on January 1,
(B) from 11 a.m. on the Chinese New Year’s eve through 1:00 a.m. on the following day,
(C) on July 4, from 11 a.m. to midnight, and
(D) on July 24, from 11 a.m. to midnight.
(3) Violation. A person discharging or displaying fireworks in violation of this section is guilty of an infraction.
(Ord. 2018-09, 07-18-2018) (Ord. 2012-14, 05-16-2012) (Ord. 2011-15, 08-17-2011) (Ord. 2011-12, 06-15-2011) (Ord. 2010-13, 10-06-2010) (Ord. 1988-24, 08-03-1988)
(Ord. 2010-13, 10-06-2010) (Ord. 2002-04, 01-23-2002)
No person shall offer for sale or sell at retail any fireworks authorized by this act without first having obtained a Tooele City Business License pursuant to section 3-4-8.
(Ord. 2010-13, 10-06-2010) (Ord. 1988-24, 08-03-1988)
(Ord. 2010-13, 10-06-2010) (Ord. 1988-24, 08-03-1988)
All applications for a license to sell, store or handle fireworks authorized by this act shall:
(1) be made in writing accompanied by a fee of $350 per stand, per year, which fee shall apply to business operations maintained for the sale of fireworks, and which fee shall be paid in addition to any and all other required business license fees;
(2) set forth the proposed location of the fireworks stand;
(3) include for delivery to the Department insurance certificates evidencing public liability coverage in favor of the applicant or the licensee in the amount of $1,000,000 per injury, $3,000.000 per incident, and which designate Tooele City as an additional insured, and which include a minimum of $1,000,000 product liability coverage;
(4) include a statement that the applicant agrees to comply strictly with the terms of the license and to furnish any additional information upon request.
(Ord. 2020-48, 12-02-2020) (Ord. 2010-13, 10-06-2010) (Ord. 1990-04, 04-12-1990)
After a review by the Business License Specialist and Building Inspector, applicants for a license shall be notified of approval or denial of a license applicant no later than ten days after the application is originally made.
(Ord. 2020-48, 12-02-2020) (Ord. 1988-24, 08-03-1988)
(Ord. 2020-48, 12-02-2020) (Ord. 1988-24, 08-03-1988)
The license to sell fireworks and the sales tax permit shall be displayed in a prominent place in the fireworks stand.
(Ord. 1988-24, 08-03-1988)
(Ord. 1988-24, 08-03-1988)
(1) All fireworks retail sales locations shall be under the direct supervision of a responsible person who is 18 years of age or older. A salesperson shall remain at the sales location at all times unless suitable locking devices are provided to prevent the unauthorized access to the merchandise by others, or unless the merchandise is removed.
(2) Fireworks shall not be sold to any person under the age of 16 years unless accompanied by an adult.
(3) Buildings and temporary stands or trailers for the retail sales of fireworks shall be constructed in compliance with local rules, or if none, in accordance with nationally recognized good practice.
(3) Buildings and temporary stands or trailers for the retail sales of fireworks shall be constructed in compliance with local rules, or if none, in accordance with nationally recognized good practice.
(4) All retail sales locations shall be kept clear of dry grass or other combustible material for a distance of at least 25 feet in all directions.
(5) Storage of fireworks for sale shall not be located in residential areas.
(6) Smoking shall not be permitted within 25 feet of any fireworks either on display for retail sale or being stored. “Smoking prohibited within 25 feet”(or similar wording)signs shall be conspicuously posted at all sales and storage locations. Sign lettering shall be not less than 2″ high with a minimum 3/8″ stroke on a contrasting background.
(7) A sign, clearly visible to the general public, shall be posted at all fireworks sales locations, indicating the legal dates for discharge of fireworks. Sign lettering shall be not less than 1″ high with a minimum 3/16″ stroke on a contrasting background.
(8) All retail sales locations shall be equipped with an approved, portable fire extinguisher having a minimum 2A rating.
(Ord. 1988-24, 08-03-1988)
(1) Fireworks shall be permitted inside permanent buildings subject to the following regulations:
(2) Up to 250 pounds of fireworks (gross weight), display of fireworks is unrestricted.
(3) From 251 to 500 pounds of fireworks (gross weight),display of fireworks must be within constant visual supervision.
(4) Above 500 pounds of fireworks (gross weight),display of fireworks must be constantly attended by a sales person.
(5) The area where fireworks are displayed or stored shall be at least 50 feet from any flammable liquid or gas, or other highly combustible material. Fireworks shall not be stored (including stock for sale) near exit doorways, stairways or in locations that would impede egress.
(6) Fireworks shall be stored, handled, displayed and sold only as packaged units.
(Ord. 1988-24, 08-03-1988)
Retail sales of fireworks shall be permitted from temporary stands and trailers, and shall be subject to the following regulations:
(1) Each stand less than 24 feet in length must have at least two exits. Each stand in excess of 24 feet in length must have three exits. Exits shall swing out and be located at opposite ends of the stand. Door locking devices, if any, shall be easily released from the inside without special knowledge, key, or effort.
(2) Each stand or trailer shall have a minimum three feet wide unobstructed aisle, running the length of the stand or trailer, inside and behind the counter.
(3) The pass through openings for sales of fireworks in stands or trailers shall be arranged to permit the customer to view the merchandise for sale but prevent the touching or handling of non-prepackaged fireworks by the customer.
(4) Temporary stands or trailers for the sale of fireworks shall be located in properly zoned areas, at least 50 feet from other fireworks stands or trailers, liquid propane gas, flammable liquid or gas storage and dispensing units.
(5) If the stand or trailer is used for the overnight storage of fireworks, it shall be equipped with suitable locking devices to prevent unauthorized entry.
(6) Stands or trailers shall not be illuminated or heated by any device requiring an open flame or exposed heating elements. All heaters and lighting devices shall be approved by the Building Inspector.
(7) The general public shall not be allowed to enter a temporary stand or trailer.
(8) A sign prohibiting the discharge of fireworks within 100 feet of the stand or trailer shall be prominently displayed.
(9) No vehicles shall be permitted to park closer than 25 feet of the stand.
(10) All stands must be erected upon private property.
(11) Fireworks stands shall be removed no later than 15 days after the holiday designated in section 3-4-6. No stand shall be erected more than 15 days prior to holidays designated in section 3-4-6.
(12) Prior to the issuance of a license, each applicant shall file with the Department a cash deposit, certificate of deposit, or surety bond made payable to the City in the amount of $250.00 to assure compliance with the provisions of this section, including, but not limited to, the removal of the stand and the cleaning of the site. In the event the permittee does not comply or remove the stand and clean the site, the City may do so, or cause the same to be done by other persons, and the reasonable cost shall be a charge against the permittee and his deposit or surety bond.
(13) No person(s) shall sleep in a fireworks stand.
(14) A receipt of sale shall be provided with each sale of fireworks.
(Ord. 2020-48, 12-02-2020) (Ord. 1988-24, 08-03-1988)
(Ord. 1988-24, 08-03-1988)
No person shall discharge any display fireworks without first obtaining a display operator license from the State Fire Marshal Division pursuant to Utah Code §53-7-223 and securing a permit from the Fire Chief pursuant to Section 3-4-16. Any person or entity found in violation of this Section is guilty of a class B misdemeanor.
(Ord. 2010-13, 10-06-2010)
(Ord. 2010-13, 10-06-2010)
(1) Any display operator desiring a permit to discharge display fireworks or persons or entities desiring to discharge pyrotechnic displays in public buildings must submit an application to the fire department no later than thirty (30) days prior to the planned event. A separate permit is required for each public display. The fee for a single permit shall be set forth in the City fee schedule.
(2) Application for each permit shall be in writing on an application form supplied by the fire department which at a minimum shall:
(a) Include the name, address, and telephone number of the display operator or person or entity desiring to discharge a pyrotechnic display in a public building;
(b) Include the name, address, and telephone number of each sponsor of the event;
(c) Describe the precise location of the discharge, display, fallout, and spectator locations;
(d) Include evidence of commercial general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00), aggregate insuring the display operator, with the sponsors and the City as additional entities insured;
(e) Describe a plan for monitoring weather conditions, crowds, and contingency plans for medical emergencies and changing conditions;
(f)Include any other information reasonably required by the City.
(3) The fire department shall give a copy of the permit application to the chief of police and to the Mayor’s office no later than two working days after receiving the application.
(4) The fire department shall review the information in the application, the display operator’s permit, and all applicable fire and safety standards. The fire department shall also confer with the police department to ensure that there shall be sufficient public safety personnel available to ensure the health and welfare of all persons attending the event.
(5) The fire department shall approve or disapprove the application no later than fifteen (15) days after receiving the application. The fire department may approve the application as submitted or approve the application subject to reasonable conditions relating to the safety of the event. If the fire department disapproves the application, it shall do so in writing, stating the grounds for disapproval, including reference to the specific fire or safety standards or public safety considerations applicable to the event.
(6) Governmental subdivisions and governmental entities are exempt from the permit fee requirements of this section. However, an application must be timely submitted and a permit obtained prior to the planned discharge of display fireworks by governmental subdivisions.
(Ord. 2010-13, 10-06-2010)
(4) The fire department shall review the information in the application, the display operator’s permit, and all applicable fire and safety standards. The fire department shall also confer with the police department to ensure that there shall be sufficient public safety personnel available to ensure the health and welfare of all persons attending the event.
(5) The fire department shall approve or disapprove the application no later than fifteen (15) days after receiving the application. The fire department may approve the application as submitted or approve the application subject to reasonable conditions relating to the safety of the event. If the fire department disapproves the application, it shall do so in writing, stating the grounds for disapproval, including reference to the specific fire or safety standards or public safety considerations applicable to the event.
(6) Governmental subdivisions and governmental entities are exempt from the permit fee requirements of this section. However, an application must be timely submitted and a permit obtained prior to the planned discharge of display fireworks by governmental subdivisions.
Any person or entity aggrieved by a decision of the fire department regarding the approval or denial of a permit under Section 3-3-16 may appeal such decision in writing to the Mayor within five (5) days of the fire department’s denial. The appeal shall specifically state the basis upon which the appellant believes that the fire department is in error. The Mayor shall render a decision on the appeal within five (5) days. The Mayor’s decision shall be final.
(Ord. 2010-13, 10-06-2010)
(Ord. 2010-13, 10-06-2010)
This act does not apply to class A, class B, and class C explosives that are not for use in Utah, but are manufactured, stored, warehoused, or in transit for destinations outside of Utah.
(Ord. 2010-13, 10-06-2010)
(Ord. 2010-13, 10-06-2010)
Title 3 Chapter 5 Local Fire Officer
Click Here for a .pdf copy of Title 3 Chapter 5
This ordinance authorizes the Tooele City fire chief, as the local fire officer for Tooele City, to prohibit open fires and the use of any ignition source when hazardous environmental conditions necessitate controlling the use thereof.
(Ord. 2012-16, 08-15-2012)
(Ord. 2012-16, 08-15-2012)
(1) “Hazardous environmental conditions” means extreme dryness or lack of moisture, windy conditions, the presence of dry weeds and other vegetation, and any combination thereof.
(2) “Ignition source” means fireworks, lighters, matches, smoking materials, and similar means used to ignite fire either intentionally or accidentally.
(3) “Fireworks” shall have the same meaning as found in U.C.A. Chapter 53-7.
(Ord. 2012-16, 08-15-2012)
The local fire officer is hereby authorized to issue orders prohibiting open burning, open fires, and the use of any ignition source in any area of the municipality when the local fire officer determines that hazardous environmental conditions necessitate controlling or prohibiting the use thereof.
(Ord. 2012-16, 08-15-2012)
(Ord. 2012-16, 08-15-2012)
The local fire officer shall determine what areas of the City are subject to prohibition and the extent of the prohibition and shall identify the same in a written order. The order may also include a map outlining the areas affected by the order.
(Ord. 2012-16, 08-15-2012)
(Ord. 2012-16, 08-15-2012)
The local fire officer shall cause copies of the order to be
(1) posted in at least three public places within the City,
(2) posted on the official City website, and
(3) delivered to the local news media outlets.
(Ord. 2012-16, 08-15-2012)
Any person who knowingly violates an order of the local fire officer issued pursuant to this Chapter is guilty of a class B misdemeanor.
(Ord. 2012-16, 08-15-2012)
(Ord. 2012-16, 08-15-2012)
Every officer charged with enforcement of State and local laws within Tooele City is hereby charged with the responsibility to enforce this Chapter.
(Ord. 2012-16, 08-15-2012)
(Ord. 2012-16, 08-15-2012)
Every order issued under this Chapter shall be subject to ratification by the City Council at the next city council meeting.
(Ord. 2012-16, 08-15-2012)
Title 3 Chapter 6 Fire Code Enforcement and Abatement
Click Here for a .pdf copy of Title 3 Chapter 6
The purposes of this Chapter include the protection of the public life, health, safety, and general welfare, and the implementation of City administrative procedures for the protection of the public life, health, safety, and general welfare through the enforcement of this Title 3 (Fire) and of the International Fire Code and through the abatement of violations of this Title 3 and of the International Fire Code.
(Ord. 2017-24, 10-18-2017)
(Ord. 2017-24, 10-18-2017)
It is hereby declared that violations of the Fire Code operate contrary to the purposes of this Chapter and constitute a threat to the public life, health, safety, and general welfare.
(Ord. 2017-24, 10-18-2017)
(Ord. 2017-24, 10-18-2017)
(1) The definitions of the Fire Code are incorporated herein.
(2) In the event of a conflict between the definitions of the Fire Code and the definitions in this Section, the Fire Code definitions shall govern.
(3) Subject to subsection (2), the following terms shall have the following definitions.
“Abatement” means any action or proceeding commenced or pursued by the City to remove, alleviate, enforce, or correct a violation of Title 3 or the Fire Code.
“Abatement costs” means actual costs incurred by the City to accomplish an abatement, but not including monetary penalties.
“Abatement period” means the 14-day period, beginning upon service of a notice of violation, within which the violation described in a notice of violation is required to be corrected.
“Administrative hearing officer” means an administrative hearing officer appointed under Chapter 1-28.
“Association” means any business entity, including, without limitation, a corporation, partnership, limited liability company, or business, but not an individual.
“Compliance inspection” means an inspection conducted by a Fire Department inspector to determine compliance with Title 3 or the Fire Code through the correction of the violation described in a notice of violation.
“Department” means the Tooele City Fire Department.
“Fire Chief” means the chief of the Tooele City Fire Department.
“Fire Code” means the International Fire Code as adopted by Tooele City pursuant to Section 3-3-1.
“Fire Code order” means an order issued by an administrative hearing officer pursuant to this Chapter.
“Fire Code performance bond” means a cash bond required by an administrative hearing officer and posted by a responsible person to gain compliance with Title 3, the Fire Code, or a Fire Code order.
“Fire Code tax lien” means a lien recorded with the Tooele County Recorder and County Treasurer, as applicable, to facilitate the collection of all monetary penalties and abatement costs, including administrative fees, filing fees, and other reasonable and related costs.
“Fire Department inspector” means those persons authorized by the Fire Code, the Fire Chief, and Title 3 to perform compliance inspections.
“Good cause” means incapacitating illness or accident, death of a parent, sibling, or child, lack of proper notice, or unavailability due to unavoidable and non-preventable emergency or circumstance.
“Imminent fire hazard” means any condition that creates a present and immediate fire danger to the public life, health, safety, or welfare.
“Inspection” means a compliance inspection.
“Monetary penalties” means the civil fines accrued for failure to complete an abatement. Monetary penalties do not include appeal filing fees, compliance reinspection fees, or abatement costs.
“Notice of compliance” means a document issued by the City confirming that a responsible person has corrected the violations described in a notice of violation, has paid all fees, penalties, and costs associated with the notice of violation, and otherwise has fully complied with the requirements of Title 3 and the Fire Code, all as determined by an officer or inspector.
“Notice of violation” means a document prepared and issued by an officer that informs a responsible person of a violation of Title 3 or the Fire Code, and that contains an order to correct the violation.
“Officer” means a fire code officer as defined in the Fire Code, to include the Fire Chief, authorized delegates, and fire department inspectors.
“Penalty” means monetary penalties, abatement costs, and other costs related to an abatement.
“Responsible person” means any property owner, occupant, or other person or association with control over property who allows, permits, causes, or maintains a violation of Title 3 or the Fire Code to exist upon the property owned, occupied, or controlled.“ Responsible person” includes the Fire Code definition of “owner.” Use of the singular “person” in this Chapter includes the plural “persons.”
“Violation” means any violation of Title 3 or the Fire Code.
(Ord. 2017-24, 10-18-2017)
(1) An abatement is commenced by the service of a notice of violation.
(2) Content. A notice of violation shall indicate the following:
(a) the nature of the violation;
(b) the street address and parcel number for the property upon which the violation exists;
(c) the name of the property owner of record according to the records of the Tooele County Recorder;
(d) the date of the violation;
(e) the monetary penalties associated with the violation;
(f) the corrective action required;