City of Orem, UT - Code of Ordinance Page 1
CODE OF ORDINANCES
CHAPTER 19. TRAFFIC
Contents:
Article 19-1. Adoption of State Law
Article 19-2. Miscellaneous Traffic Regulations
Article 19-3. Parking
Article 19-4. Impounding
Article 19-5. Residential Parking Permit Program
Article 19-6. Administrative Civil Infractions
Article 19-7. Towing and Parking Enforcement Companies
Article 19-1. Adoption of State Law
Contents:
19-1-1. Utah Code provisions adopted.
19-1-2. Interpretation of State Code provisions adopted above.
19-1-3. Determination of traffic regulations.
19-1-4. Council action.
19-1-5. Existing signs and regulations.
19-1-6. Violations.
19-1-7. Privately Owned and Maintained Roads.
19-1-1. Utah Code provisions adopted.
Except as hereinafter specified, Title 41, Title 53, and Title 72 of the Utah Code Annotated (1953, as amended),
are hereby approved and adopted as part of the Orem City Code. By this reference, these provisions are made a
part of the Orem City Code as fully as if set out at length herein and shall be controlling within the limits of the
City; provided, however, that this section is not intended to and does not purport to grant unto the City any
powers or jurisdiction not specifically or impliedly granted by law and those sections of the Code under which the
City is not authorized by law to bring charges are excluded from this adoption of the Code.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-02-0010, Amended, 02/05/2002; Ord. No. O-06-0004, Amended 3/14/2006)
19-1-2. Interpretation of State Code provisions adopted above.
The following shall apply in the interpretation of the State Code provisions adopted in Section 19-1-1:
City of Orem, UT - Code of Ordinance Page 2
A. All references to the State Road Commission shall be deemed to mean the City and its departments or
agents, unless the context requires otherwise.
(Ord. No. 661, Revised, 04/10/1990)
B. All references to "local authorities" shall be deemed to mean the governing body of the City or other
authorized officials of the City.
(Ord. No. 661, Revised, 04/10/1990)
C. All references to the Department of Public Safety of the State of Utah shall be deemed to mean the chief
law enforcement officer of the City or his agent, unless the context requires otherwise.
(Ord. No. 661, Revised, 04/10/1990)
D. All references to "magistrate" shall mean a judge of the Orem Justice Court, unless the context requires
otherwise.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-2021-0024, Amended 9/28/2021)
Effective on: 4/10/1990
19-1-3. Determination of traffic regulations.
A. Speed limits. The City Council shall designate speed limits for streets under the jurisdiction of the City. Each
speed limit shall be based on traffic engineering and safety studies for the street or applicable section of
the street. The traffic and engineering and safety studies shall include:
1. the design speed;
2. prevailing vehicle speeds;
3. accident history;
4. highway, traffic, and roadside conditions; and
5. other highway safety factors.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-2009-0018, Amended 07/28/2009)
B. Other regulatory signs and traffic control devices. The City Manager or the City Manager’s designee shall
determine the appropriate location for stop signs, yield signs and other regulatory signs and traffic control
devices and shall recommend appropriate speed limits within the City. The City Manager or the City
Manager’s designee shall also determine appropriate locations for pedestrian crosswalks and safety zones
and for “no parking” zones. The Departments of Development Services, the Police Department and Public
Works shall make recommendations to the City Manager regarding the appropriate location for stop signs,
yield signs and other regulatory signs and traffic control devices and appropriate speed limits based on the
standards contained in the Manual on Uniform Traffic Control Devices. The Department of Public Works
shall conduct engineering investigations of traffic conditions, regulate the timing of traffic control devices,
and analyze the relationship between traffic controls and regulations and traffic accidents, and, where
appropriate, devise remedial measures in order to reduce accidents.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-2009-0018, Amended 07/28/2009; Ord. No. O-2017-0005, Amended 02/28/2017)
City of Orem, UT - Code of Ordinance Page 3
19-1-4. Council action.
Upon designation by the City Council of speed limits and upon designation by the City Manager or the City
Manager’s designee of the location for stop signs and other traffic regulatory signs, the same shall have the force
of law, provided the appropriate signs are posted by the City.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-2009-0018, Amended 07/28/2009)
19-1-5. Existing signs and regulations.
The City Council hereby approves the stop signs, speed limit signs and other traffic regulatory signs already
existing at the time of passage of this ordinance, and such shall have the force of law.
(Ord. No. 661, Revised, 04/10/1990)
19-1-6. Violations.
The violation of any of the provisions of this Chapter, including those provisions of State law adopted herein, shall
be a Class B Misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000.00) or a jail term of
up to six (6) months, or by both such fine and imprisonment.
(Ord. No. 661, Revised, 04/10/1990)
19-1-7. Privately Owned and Maintained Roads.
Privately owned and maintained roads and parking areas located on or within the following private developments
or property are subject to the regulations of this Chapter.
Park Place at Orem
Garden Park East
Garden Park
Amiron Village
Lake Ridge
(Ord. No. 661, Revised, 04/10/1990)
Article 19-2. Miscellaneous Traffic Regulations
Contents:
19-2-1. Negligent collision.
19-2-2. Improper lookout.
19-2-3. Unsafe activities interfering with operation.
19-2-4. Driving while faculties impaired.
19-2-5. Driving while passenger standing.
19-2-6. Driving through private property to avoid regulations.
19-2-7. Forfeiture of right-of-way.
City of Orem, UT - Code of Ordinance Page 4
19-2-8. Sitting on lap of driver.
19-2-9. Towing sleds, etc.
19-2-10. Parades.
19-2-11. Climbing onto vehicles.
19-2-12. Prohibited motor vehicle travel on unpaved areas.
19-2-13. Use of compression release engine braking systems or “jake brakes” prohibited.
19-2-1. Negligent collision.
It shall be unlawful to operate a vehicle with such lack of due care and in such a negligent manner as to cause it to
collide with any vehicle, person or object.
(Ord. No. 661, Revised, 04/10/1990)
19-2-2. Improper lookout.
It shall be unlawful to drive a vehicle within the City without keeping a reasonable and proper lookout for other
traffic and objects.
(Ord. No. 661, Revised, 04/10/1990)
19-2-3. Unsafe activities interfering with operation.
No driver shall engage in any activity that interferes with the safe control of his vehicle while it is in motion, nor
shall any passenger engage in any activity which interferes with the safe operation of any vehicle.
(Ord. No. 661, Revised, 04/10/1990)
19-2-4. Driving while faculties impaired.
No driver shall operate a vehicle while his ability or alertness is so impaired through fatigue, illness or any other
cause as to make it unsafe for him to drive such vehicle.
(Ord. No. 661, Revised, 04/10/1990)
19-2-5. Driving while passenger standing.
No driver shall operate any vehicle while any person is standing in the vehicle.
(Ord. No. 661, Revised, 04/10/1990)
19-2-6. Driving through private property to avoid regulations.
No driver shall drive over or upon any private property, such as a service station, fruit stand, parking lot, vacant
lot or similar area to avoid obedience to any authorized traffic regulation.
City of Orem, UT - Code of Ordinance Page 5
(Ord. No. 661, Revised, 04/10/1990)
19-2-7. Forfeiture of right-of-way.
A. Any person violating any provision of this chapter shall have no right-of-way if such violation interferes
with the ability of another driver to yield the right-of-way to such person.
(Ord. No. 661, Revised, 04/10/1990)
B. The driver of any vehicle traveling at an unlawful speed shall forfeit any right-of-way which he might
otherwise have.
(Ord. No. 661, Revised, 04/10/1990)
19-2-8. Sitting on lap of driver.
No driver shall have on his lap any other person, adult or minor, nor any animal, nor shall the driver be seated on
the lap of any person while the vehicle is in motion.
(Ord. No. 661, Revised, 04/10/1990)
19-2-9. Towing sleds, etc.
It shall be unlawful for the driver, or any person in charge of any vehicle, including snow machines and
motorcycles, to knowingly drive or operate such vehicle upon any of the streets of the City while any sled,
toboggan, sleigh, inner tube or similar conveyance is attached to or connected with the vehicle, or to permit any
such conveyance to be attached to or connected with the vehicle upon any of the streets of the City.
(Ord. No. 661, Revised, 04/10/1990)
19-2-10. Parades.
No procession or parade except a funeral procession shall occupy, march, or proceed along any street except in
accordance with a permit issued by the Chief of Police. All requests for such permits shall state the time, place of
formation, proposed line of march, destination and such other reasonable information as the Chief of Police may
require. Any procession or parade proceeding in accordance with the permit issued may be authorized by the
Chief of Police to disregard traffic-control devices, provided it may be done safely.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-2017-0005, Amended 02/28/2017)
19-2-11. Climbing onto vehicles.
It shall be unlawful to climb upon or into or swing upon or hold onto the outside of any motor vehicle which is in
motion. It shall also be unlawful for any driver to knowingly permit the same.
(Ord. No. 661, Revised, 04/10/1990)
19-2-12. Prohibited motor vehicle travel on unpaved areas.
City of Orem, UT - Code of Ordinance Page 6
A. Definitions. For purposes of this Section, the following words and phrases shall have the meanings
respectively ascribed to them:
1. Motor vehicle means any motor vehicle as defined by State law, including but not limited to
motorcycles, motor scooters, ATV's, dune buggies, jeeps and similar four wheel drive and off road
vehicles.
2. Restricted access area means the area within Orem corporate limits which lies (1) east and south of
the east end of 2000 North Street, running along the eastern edges of Skyline Meadows Subdivision,
Plats B and D, Cherapple Farms Subdivision, Plats G, H and I, and Mountain Oaks Subdivision, Plats A,
D, F, H and N; (2) north of Cascade Drive from its intersection with 800 East Street, east to the
entrance to the Utah Valley Water Purification Plant, and from there, directly east to the City
boundary, and (3) north of the Provo River from the point where it crosses under 800 North Street,
directly north to the northern boundary of the City and east to the eastern boundary of the City.
(Ord. No. O-96-0014, Enacted, 09/10/1996)
B. Legislative findings. The City Council finds that, due to the destruction of vegetation by the Tank Fire,
there exists a danger of water, silt, mud, and debris running onto and damaging properties within the City,
including properties which contain springs providing culinary water to the City. The Council further finds
that, in order to prevent further erosion of the area in and around the fire, motorized vehicle travel in the
area should be restricted.
(Ord. No. O-96-0014, Enacted, 09/10/1996)
C. Motor vehicle operation prohibited. Except as provided herein, it shall be unlawful to operate a motor
vehicle in the restricted access area. This provision shall not apply on any paved road within the restricted
access area, or to operators of public safety vehicles, to operators of government service vehicles on
property owned by a governmental entity, or, on private property, to the owner of the property or
someone to whom the owner has given permission in writing to operate a motor vehicle on the property in
question and who has a copy of the written permission in his or her possession.
(Ord. No. O-96-0014, Enacted, 09/10/1996)
D. Sunset clause. This Section shall cease to be effective after September 9, 1998.
(Ord. No. O-96-0014, Enacted, 09/10/1996)
19-2-13. Use of compression release engine braking systems or “jake brakes” prohibited.
It is unlawful for any person to use, operate or engage any compression release engine braking system within the
City which is designed to slow the speed of a vehicle by turning the engine into an air compressor (commonly
referred to as a jacobs brake, jake brake, engine brake or compression brake). However, this section shall not
apply to fire engines or other emergency vehicles.
(Ord. No. O-99-0041, Enacted, 09/14/1999)
Article 19-3. Parking
Contents:
19-3-1. Unlawful to disobey parking regulations.
City of Orem, UT - Code of Ordinance Page 7
19-3-2. Double Parking.
19-3-3. Obstructing traffic.
19-3-4. Large Vehicles and Trailers.
19-3-5. Trailers.
19-3-6. 72 hours.
19-3-7. Parking cars on vacant lots.
19-3-8. Parking cars, trailers on highways.
19-3-9. Requirements for vehicles parked in public.
19-3-10. Fire Lanes.
19-3-1. Unlawful to disobey parking regulations.
A. It shall be unlawful to disobey signs or markings erected by the City which prohibit parking or regulate the
hours thereof. It shall also be unlawful to park in violation of curb markings designated by the City. Such
curb markings shall have the following meanings:
1. Red: No stopping, standing or parking at any time.
2. Yellow: With the words "Restricted Zone" stenciled thereon, shall mean no stopping, standing or
parking except as stated on the signs or markings giving notice thereof, except that this provision shall
not apply on Sundays and legal holidays.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-02-0010, Amended, 02/05/2002)
B. Where lines are painted on the roadway to indicate the angle at which a vehicle shall be parked, it shall be
unlawful to park a vehicle except as indicated.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-02-0010, Amended, 02/05/2002)
C. It shall be unlawful to erect any signs or to mark publicly owned curbs, in such a manner that prohibits
parking or attempts to regulate the flow of traffic without prior City approval.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-02-0010, Amended, 02/05/2002)
19-3-2. Double Parking.
It shall be unlawful for any person to park or leave standing upon any street any vehicle, whether attended or
unattended, along the side of any parked vehicle where such vehicle is parked parallel with the curb, except that
an operator may stop temporarily provided he does not leave his vehicle, during the act of actually loading or
unloading passengers or when necessary in obedience to traffic regulations or signals of a police officer.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-02-0010, Amended, 02/05/2002)
19-3-3. Obstructing traffic.
No person shall park any vehicle upon a street in such a manner or under such conditions as to leave available less
than ten (10) feet of the width of the roadway for free movement of vehicular traffic.
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(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-02-0010, Amended, 02/05/2002)
19-3-4. Large Vehicles and Trailers.
It shall be unlawful to park on a public street in any residential zone in the City any vehicle or trailer, or any
combination thereof, having an overall length of twenty-five feet (25’) or more or which exceeds the rated
capacity of one and one-half (1½) tons. It shall be unlawful to park on a public street in any commercial or
industrial zone in the City any vehicle or trailer, or any combination thereof, having an overall length of twenty-
five feet (25’) or more between the hours of 5:00 p.m. and 9:00 a.m. This section shall not apply, however, under
the following circumstances:
A. When the vehicle is actively involved in permitted construction, landscaping, or other work on or at a
specific residence, building, or commercial enterprise.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-02-0010, Amended, 02/05/2002; Ord. No. O-05-0006, Rep&ReEn, 2/8/2005; Ord. No. O-
09-0022, Amended 10/27/2009)
B. When there is an emergency requiring the parking of a vehicle at a particular location.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-02-0010, Amended, 02/05/2002; Ord. No. O-05-0006, Rep&ReEn, 2/8/2005)
C. When the vehicle is owned or operated by federal, state, or local government authorities and is parked for
governmental purposes.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-02-0010, Amended, 02/05/2002; Ord. No. O-05-0006, Rep&ReEn, 2/8/2005)
19-3-5. Trailers.
It shall be unlawful to park or keep any trailer, unattached camper, or boat on a public street for a period of time
exceeding seventy-two (72) hours.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-02-0010, Amended, 02/05/2002; Ord. No. O-03-0004, Amended, 01/14/2003)
19-3-6. 72 hours.
It shall be unlawful to park any vehicle in the same location on a public street for a continuous period of time
exceeding seventy-two (72) hours.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-02-0010, Amended, 02/05/2002)
19-3-7. Parking cars on vacant lots.
It shall be unlawful for the owner of a motor vehicle or trailer to park it or allow it to be parked on a vacant lot or
parking lot owned by another person for the purpose of displaying it for sale, unless the owner or lessee of the
property on which it is parked has a City business license to engage in the business of selling motor vehicles or
trailers at that location. It shall also be unlawful for the owner or lessee of such property to allow another person
to park a motor vehicle or trailer on the property for the purpose of displaying it for sale unless such owner or
lessee has a City business license to engage in the business of selling motor vehicles or trailers at that location.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-02-0010, Amended, 02/05/2002)
City of Orem, UT - Code of Ordinance Page 9
19-3-8. Parking cars, trailers on highways.
A. As used in this section, “highway” or “street” means the entire width between property lines of every way
or place of whatever nature when any part of it is open to the public, as a matter of right, for purposes of
vehicular traffic.
(Ord. No. O-02-0010, Rep&ReEn, 02/05/2002)
B. As used in this section, “shoulder area” means that area of the hard-surfaced highway separated from the
roadway by a pavement edge line as established in the current approved “Manual on Uniform Traffic
Control Devices,” or that portion of the road contiguous to the roadway for accommodation of stopped
vehicles, for emergency use, and lateral support.
(Ord. No. O-02-0010, Rep&ReEn, 02/05/2002)
C. It shall be unlawful for the owner or operator of a motor vehicle or trailer to park it or allow it to be parked
on any highway, street, or shoulder area for the purpose of displaying it for sale. As used in this section,
“displaying it for sale” shall be defined as:
1. Parking and leaving a motor vehicle or trailer in one location, with a “For Sale” sign or similar device,
displayed on or in the vehicle, for more than 12 hours;
2. Parking and leaving a motor vehicle or trailer in a publicly owned area, with a “For Sale” sign or similar
device, displayed on or in the vehicle, for more than 12 hours;
3. Any violation of section 19-3-7, Orem City Code.
(Ord. No. O-02-0010, Rep&ReEn, 02/05/2002)
D. It shall not be a violation of this Chapter for a vehicle with a “For Sale” sign:
1. To be parked incidental to actual operation and immediate use of the vehicle by the vehicle owner.
2. Unless otherwise prohibited by this Code, to be displayed on a public street that is adjacent to real
property in which the person offering the vehicle for sale has a legal interest or is temporarily visiting.
3. To be temporarily parked on any highway or street for the purpose of servicing, repairing or otherwise
working upon any vehicle which is temporarily disabled.
(Ord. No. O-02-0010, Rep&ReEn, 02/05/2002)
19-3-9. Requirements for vehicles parked in public.
Every vehicle while parked upon the public highways, streets, alleys, or City-owned parking lots in the City of
Orem, shall:
A. Be registered in the name of the owner thereof in accordance with the laws of Utah;
(Ord. No. O-02-0010, Enacted, 02/05/2002)
B. Display in proper position two valid, unexpired license (registration) plates, one on the front and one on
the rear of such vehicle; and
(Ord. No. O-02-0010, Enacted, 02/05/2002)
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C. When required, have current validation or indicia of registration attached to the rear plate and in a manner
complying with the laws of the state of Utah, and such plate shall be free from defacement, mutilation,
and sight obscuring matter so as to be plainly visible.
However, if such vehicle is not required to be registered in Utah, and the indicia of registration issued by
another state, territory, possession or district of the United States, or of a foreign country, complies with
the laws of Utah and substantially complies with the provisions hereof, such registration shall be
considered as compliance with this section.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
19-3-10. Fire Lanes.
A. It shall be unlawful for any person to park or stop a vehicle on any designated fire lane, regardless of
whether or not the driver of the vehicle remains with the vehicle. This section shall not apply to any Police
or Fire Department emergency vehicle being used on official business.
(Ord. No. O-93-0001, Enacted, 01/26/93; Ord. No. O-02-0010, Ren&Amd., 02/05/2002; Ord. No. O-2021-0024 Amended 09/28/2021)
B. "Designated fire lane" shall mean any area in front of the entrance to a commercial or public building,
which area has been marked with a red curb, or red writing on the pavement or signs posted which
prohibit parking or designate the area as a fire lane.
(Ord. No. O-93-0001, Enacted, 01/26/93; Ord. No. O-02-0010, Ren&Amd., 02/05/2002)
C. Any vehicle parked in violation of this section is hereby declared a hazard to public safety and may be
removed at the direction of the owner of the property or any public safety officer.
(Ord. No. O-93-0001, Enacted, 01/26/93; Ord. No. O-02-0010, Ren&Amd., 02/05/2002)
Effective on: 4/10/1990
Article 19-4. Impounding
Contents:
19-4-1. Vehicles may be impounded.
19-4-2. Notice.
19-4-3. Prerequisites to redemption.
19-4-4. Sale if not redeemed.
19-4-5. Refund of proceeds of sale.
19-4-6. Records required.
19-4-7. State impounds.
19-4-8. Impounding not a bar to prosecution.
19-4-1. Vehicles may be impounded.
A. The following are hereby declared to be nuisances:
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1. Any unattended vehicle stopped, standing or parked in violation of any of the provisions of this
chapter.
2. A vehicle found upon the streets or alleys of this city with faulty or defective equipment.
3. Any disabled vehicle upon a street so located as to constitute an obstruction to traffic and the person
or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as
to be unable to provide for its custody or removal.
4. Any vehicle left unattended upon a street or alley in such a location as to constitute a definite hazard
or obstruction to the normal movement of traffic.
5. Any vehicle the driver of which has been taken into custody by the Police Department under such
circumstances as would leave such vehicle unattended in a street, alley, or restricted parking area.
6. Any vehicle found being driven on the streets in a dangerous condition.
7. Any vehicle found so parked as to constitute a fire hazard or an obstruction to fire-fighting apparatus.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-2021-0024 Amended 09/28/2021)
B. Vehicles constituting a nuisance under subsection (A) may be removed or impounded by or under the
direction of the Police Department. Those vehicles which constitute an immediate traffic hazard or danger
may be impounded without any notice to the owner thereof; provided, however, that notice shall be given
to the registered owner as soon as possible after the impounding and an opportunity for a hearing before
the Chief of Police shall be afforded the owner in order to determine if the vehicle was rightfully
impounded. Any other vehicle may not be impounded until written notice and an opportunity to be heard
are given to the owner.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-2017-0005, Amended 02/28/2017)
Effective on: 4/10/1990
19-4-2. Notice.
As soon as is reasonable under the circumstances, a written notice that a vehicle has been impounded shall be
mailed to the owner and recorded lienholder, if there is one, of the vehicle at their last-known address as shown
by the records of the Motor Vehicle Division of the Utah State Tax Commission. If the license plates on the vehicle
are from another state, written notice shall be mailed to the Department of Motor Vehicles in that state,
requesting the Department to notify the registered owner of the vehicle that it has been impounded by the
Police Department and that it will be sold at public auction if not claimed by the owner or his proper
representative, as provided in this Article.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-2017-0005, Amended 02/28/2017)
19-4-3. Prerequisites to redemption.
Before the owner or his agent shall be permitted to remove a vehicle which has been impounded, he shall:
A. Furnish satisfactory evidence to the Police Department of his identity and his ownership of the vehicle.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-2017-0005, Amended 02/28/2017)
B. Request and obtain from the Police Department a written order directed to the place of storage in which
the vehicle is impounded, authorizing the release of the vehicle to the owner or his agent upon the
City of Orem, UT - Code of Ordinance Page 12
payment to the place of storage of towing and storage charges reasonably incurred from the date of the
impounding to the time of presenting the order of release from the Police Department.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-2017-0005, Amended 02/28/2017; Ord. No. O-2021-0024 Amended 09/28/2021)
C. Sign a written receipt for the vehicle and deliver the receipt to the place of storage upon receiving the
impounded vehicle.
(Ord. No. 661, Revised, 04/10/1990)
Effective on: 4/10/1990
19-4-4. Sale if not redeemed.
If, at the expiration of thirty (30) days after mailing the notice provided for in Section 19-4-2, the vehicle is not
redeemed by the owner or his proper representative, the Chief of Police or his authorized agent shall proceed to
sell it at public auction to the highest bidder after first giving at least ten (10) days' notice of the sale by publishing
the notice at least twice in a newspaper of general circulation in the City, stating the time and place of the sale.
The notice shall also describe the vehicle to be sold with reasonable certainty and shall state to whom, if anyone,
the records of the office of the Motor Vehicle Division of the Utah State Tax Commission show it to belong, or that
the owner is unknown, if such is the case. If the name of the owner or recorded lienholder, if any, is known, the
Police Department shall mail such owner or recorded lienholder a copy of the notice as published immediately
after its publication to their last-known address or their address as shown on the records of the Motor Vehicle
Division of the Utah State Tax Commission. A copy of this notice as published shall also be mailed immediately
after publication to the owner of the place of storage. The money received by the Police Department from the
sale of any such vehicle shall be applied first to the actual cost of towing and storage of the vehicle, then to pay
the cost of advertising the notice of sale and the balance, if any, shall then be placed in the City Treasury.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-2017-0005, Amended 02/28/2017)
19-4-5. Refund of proceeds of sale.
At any time within one year from and after a sale as provided by Section 19-4-4, the former owner of the vehicle
sold, upon application to the Police Department and upon presentation of satisfactory proof that he was the
owner of the vehicle sold, shall be paid the proceeds of such sale less the necessary expense thereof and less any
towing, impounding and storage charges incurred.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-2017-0005, Amended 02/28/2017)
19-4-6. Records required.
The Police Department shall keep a record of all vehicles impounded by manufacturer's trade name or make, body
type, motor and license number, the names and addresses of all persons claiming the same, any other descriptive
matter that may identify the vehicles, the nature and circumstances of the impounding thereof, the violation on
account of which the vehicles were impounded, the date of such impounding, and the name and address of any
person to whom any such vehicle is released.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-2017-0005, Amended 02/28/2017)
City of Orem, UT - Code of Ordinance Page 13
19-4-7. State impounds.
Officers of the Police Department shall also have authority to impound any vehicle subject to impounding under
State law and in so doing shall use the procedure prescribed by State law or regulation. The vehicles impounded
shall be held or disposed of pursuant to State law.
(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-2017-0005, Amended 02/28/2017)
19-4-8. Impounding not a bar to prosecution.
The impounding of a vehicle shall not prevent or preclude the institution and prosecution of criminal proceedings.
(Ord. No. 661, Revised, 04/10/1990)
Article 19-5. Residential Parking Permit Program
Contents:
19-5-1. Legislative Purpose.
19-5-2. Legislative Findings.
19-5-3. Definitions.
19-5-4. Permit Parking Exemption.
19-5-5. Designation of Residential Permit Parking Areas.
19-5-6. Designation Criteria.
19-5-7. Designation Process.
19-5-8. Modification after designation of a residential permit parking area.
19-5-9. Issuance of Permits.
19-5-10. Residential Parking Permit.
19-5-11. Visitor/Guest Permits.
19-5-12. Posting of Residential Permit Parking Area.
19-5-13. Display of Permits.
19-5-14. Permit Fees.
19-5-15. Penalty Provisions.
19-5-16. Revocation of Permit.
19-5-17. Severability.
19-5-1. Legislative Purpose.
City of Orem, UT - Code of Ordinance Page 14
This Article is enacted in response to the serious adverse effects caused in certain areas and neighborhoods of the
City of Orem by motor vehicle congestion, particularly the parking of motor vehicles on the streets of such areas
and neighborhoods by individuals parking in the area or neighborhood to visit facilities in adjacent areas. As set
forth in more specific detail in section 19-5-2 of this article, such long–term parking by non–residents threatens
the health, safety and welfare of all the residents of the City of Orem. In order to protect and promote the
integrity of these areas and neighborhoods, it is necessary to enact parking regulations restricting unlimited
parking by non–residents therein, while providing the opportunity for residents to park near their homes. Uniform
parking regulations restricting residents and non–residents alike would not serve the public interest. Rather such
regulation would contribute to neighborhood decline. For the reasons set forth in this article, a system of
preferential resident parking is enacted hereby for the City of Orem.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
19-5-2. Legislative Findings.
A. General Finding. The City Council finds as a result of public testimony and evidence derived from reliable
sources, that the continued vitality of certain areas of the City of Orem depends on the preservation of
safe, healthy, and attractive neighborhoods and other residential areas therein. Since there is in certain
areas of the city at any one time a large surplus of motor vehicles exceeding available on and off–street
parking spaces, this condition detracts from a healthy and orderly environment. A system of preferential
resident parking will serve to reduce a number of strains on residents of the city and thus promote the
general public welfare.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
B. Specific Findings. The following specific legislative findings of the City Council in support of preferential
resident parking are set forth as illustrations of the need compelling the enactment of this Article. They are
intended as illustrations only and do not exhaust the subject of the factual basis supporting its adoption:
1. The safety, health, and welfare of the residents of the city can be greatly enhanced by maintenance of
the attractiveness and livability of its neighborhoods and other residential areas;
2. It is a fact of modern living in the city that a majority of residents of the City of Orem possess
automobiles and as a result are daily faced with the need to store these automobiles in or near their
residences;
3. Certain neighborhoods and areas of the city are often burdened by influxes of motor vehicles owned
by non–neighborhood residents which compete for inadequate available on–street parking spaces,
congest City streets and highways, and detract from neighborhood values. Further, such influx of
nonresident vehicles parking in the limited off-street parking spaces often disrupts basic essential
services, such as trash collection and mail delivery, by blocking access to garbage cans, mail boxes,
etc.;
4. There further exist certain parking "attractors" within the City of Orem, i.e. hospitals, schools,
industrial and educational complexes, employment centers, UTA stops and stations, and locations
convenient for commuter parking, which further aggravate resident parking problems;
5. Unnecessary vehicle miles, noise, pollution, and strains on relationships between residents and
nonresidents caused by the conditions set forth herein work unacceptable hardships on residents of
these neighborhoods and other residential areas by causing the deterioration of air quality, safety,
tranquility, aesthetics and other values available in a residential environment;
City of Orem, UT - Code of Ordinance Page 15
6. If allowed to continue unchecked, these adverse effects on the residents of the city will contribute to
a further decline of the living conditions therein, a reduction in the attractiveness of residing within
the City and consequent injury to the general public welfare;
7. A system of preferential residential parking as enacted in this Article will serve to increase pedestrian
and traffic safety by reducing traffic congestion, promoting the health and welfare of all the residents
of the City by reducing unnecessary personal motor vehicle travel, noise and pollution, and promoting
improvements in air quality, the convenience and attractiveness of urban residential living, and the
increased use of public mass transit facilities available now and in the future, and encouraging the use
of car pools. The public welfare will also be served by ensuring a more stable and valuable property
tax base in order to generate the revenues necessary to provide essential public services.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
19-5-3. Definitions.
Dwelling shall mean any building, structure, or portion thereof which is occupied as, or designed or intended for
occupancy as a residence by one or more families, but not including hotels, motels, bed and breakfast
establishments, or residential or commercial buildings which are required to have off-street parking spaces such
as apartments, condominium complexes, accessory apartments, etc.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
Motor vehicle shall include an automobile, truck, motorcycle or other motor–driven or self–propelled form of
transportation intended primarily for use and operation on the highways, but shall not include motor vehicles
longer than 20 feet.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
Nonresident vehicle shall mean a motor vehicle not eligible to be issued a residential parking permit, pursuant to
the terms and conditions of this Article, for the specific area in which it is parked;
(Ord. No. O-01-0050, Enacted, 12/11/2001)
Parking permit shall mean the permit that is issued by the City and that is affixed to or displayed by a qualifying
vehicle, as set forth in this Article.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
Residential area shall mean a contiguous or nearly contiguous area containing public streets and highways or
parts thereof where residents dwell and upon which the City Council imposes parking limitations pursuant to the
authority granted by this Article;
(Ord. No. O-01-0050, Enacted, 12/11/2001)
Residential permit parking area shall mean a residential area designated as herein provided wherein resident
motor vehicles displaying a valid permit as described herein shall be exempt from parking restrictions established
pursuant to this Article.
City of Orem, UT - Code of Ordinance Page 16
(Ord. No. O-01-0050, Enacted, 12/11/2001)
Resident vehicle shall mean a motor vehicle which is eligible to be issued a residential parking permit pursuant to
the terms and conditions of this Article and which shall be exempt from parking time restrictions established
pursuant to this Article.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
Visitor permit means a parking permit issued to nonresidents pursuant to this Article or an ordinance enacted
pursuant to authority granted herein, which shall exempt a nonresident vehicle from parking restrictions
established pursuant to this Article.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
19-5-4. Permit Parking Exemption.
A. A motor vehicle on which is displayed a valid residential parking permit as provided for herein shall be
permitted to stand or be parked in the residential permit parking areas for which the permit has been
issued without being limited by restrictions established pursuant to this Article or any resolution
thereunder. Any vehicle which does not display a valid parking permit shall be subject to the residential
parking regulation and consequent penalties in effect for such area.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
B. In the case of any conflict between this Article and any other provision in the Orem City Code, the more
stringent provision shall prevail.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
19-5-5. Designation of Residential Permit Parking Areas.
The City Council shall upon recommendation of the City Manager or his designee, consider for designation as
residential permit parking areas those residential areas meeting and satisfying the objective criteria therefor
established in this Article. They may in their discretion then designate by resolution certain residential areas as
residential permit parking areas in which resident motor vehicles displaying a valid parking permit may stand or
be parked without limitation by parking time or parking area restrictions established by this Article.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
19-5-6. Designation Criteria.
A. A residential area shall be deemed eligible for consideration as a residential permit parking area if based
on surveys and studies prepared at the direction of the City Manager or his designee, objective criteria
establish that the residential area is impacted by nonresident vehicles for any extended period during the
day or night, on weekends, or during holidays.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
City of Orem, UT - Code of Ordinance Page 17
B. In determining whether a residential area identified as eligible for residential permit parking may be
designated as a residential permit parking area, the City Council shall take into account the following
factors:
1. The extent of the desire and need of the residents for residential permit parking and their willingness
to bear any administrative costs in connection therewith;
2. The extent to which legal on–street parking spaces are occupied by motor vehicles during the period
proposed for parking restriction;
3. The extent to which vehicles parking in the area during the period proposed for parking restriction are
nonresident vehicles rather than resident vehicles;
4. The extent to which motor vehicles registered to persons residing in the residential area cannot be
accommodated by the number of available off–street parking spaces; and
5. The extent to which any other factor contributes to the need for a residential permit parking area.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
19-5-7. Designation Process.
A. Any resident(s) of the City may submit a written request to the City Manager, or his designee, that an area
of the City in which the resident(s) live be designated as a residential permit parking area. Upon receiving a
request that an area be so designated, the City Manager, or his designee shall direct that the necessary
investigation, survey or study be completed to determine whether or not the proposed area is impacted to
a degree that would warrant such a designation. The results of such investigation, survey or study shall
then be presented to the City Council for consideration.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
B. The Council shall thereafter conduct a public hearing on the proposal. The City Recorder shall cause notice
of such hearing or hearings to be published twice in a newspaper of general circulation in this city. The first
publication shall be not less than ten days prior to the date of such hearing. The notice of the public
hearing shall be conspicuously posted in the proposed residential permit parking area. The notice shall
clearly state the purpose of the hearing, the location and boundaries tentatively considered for the
proposed residential permit parking area, any prohibition or time limitation under which permit parking
shall be exempt therefrom and, if applicable, the permit fee to be charged therefor. During such hearing or
hearings, any interested person shall be entitled to appear and be heard, subject to appropriate rules of
order. Following the hearing, the City Council may enact, reject, or amend said draft resolution in any
manner, including but not limited to, modification of boundaries of the proposed area and any time or
other restrictions imposed on such proposed area. In order to establish a permit parking area, the Council
shall find that the designation will be a benefit to the health, safety, peace, morals, comfort, and general
welfare of persons residing in the area of designation. In reaching this decision consideration shall be given
to the residents' support for residential permit parking, the existing parking conditions, the expected
effectiveness of residential permit parking in improving parking conditions, and the location and size of the
residential permit parking area.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
C. The residential parking permit program shall balance all affected interests, including public safety,
neighborhood concerns, and the welfare of the general public. The residential parking permit program
shall specify the permit area and the various duration parking restrictions that may apply within portions of
City of Orem, UT - Code of Ordinance Page 18
the residential parking permit area, which may be different than those requested in the petition. The City
Council shall have final approval of the residential parking permit plan.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
19-5-8. Modification after designation of a residential permit parking area.
After holding a public hearing with notice as provided in section 19-5-7(C), the City Council may, by appropriate
resolution modify a designated residential permit parking area in any manner not inconsistent with this Article.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
19-5-9. Issuance of Permits.
A. Each dwelling within a neighborhood parking permit area shall be eligible for a resident parking permit for
every vehicle legally registered at that address and two visitor permits, except that the Chief of Police shall
establish standards wherein additional permits may be issued based on need and available off-street
parking space.
(Ord. No. O-01-0050, Enacted, 12/11/2001; Ord. No. O-2017-0005, Amended 02/28/2017)
B. Parking permits available to any one address will be issued on a “first come, first serve” basis.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
19-5-10. Residential Parking Permit.
A. The City shall issue residential parking permits to motor vehicles, which comply with the requirements set
forth in this section.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
B. A residential parking permit may be issued for a motor vehicle only upon application of the following
person:
1. The applicant must demonstrate that he or she currently resides in an eligible dwelling, as described
in this Chapter, in the area for which the permit is to be issued; and
2. The applicant must demonstrate that he or she has ownership or continuing custody of the motor
vehicle for which the permit is to be issued; and
3. Any motor vehicle to be issued a permit must have a current vehicle registration; and
4. Any motor vehicle to be issued a permit must have a proof of current vehicle insurance.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
C. Any person to whom a residential parking permit has been issued pursuant to this section shall be deemed
a permit holder.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
D. Residential parking permits shall be nontransferable from the vehicle to which the permit was originally
assigned.
City of Orem, UT - Code of Ordinance Page 19
(Ord. No. O-01-0050, Enacted, 12/11/2001)
E. The parking permit shall be of a design as designated by the Chief of Police and shall display and contain
information as designated by the Chief of Police.
(Ord. No. O-01-0050, Enacted, 12/11/2001; Ord. No. O-2017-0005, Amended 02/28/2017)
F. The Chief of Police shall establish guidelines governing the expiration of all parking permits.
(Ord. No. O-01-0050, Enacted, 12/11/2001; Ord. No. O-2017-0005, Amended 02/28/2017)
19-5-11. Visitor/Guest Permits.
A. A visitor parking permit is a permit which is not affixed or assigned to an identified vehicle and which may
be used on resident or nonresident vehicles as the user may need. The City Council may, by resolution,
authorize the issuance of visitor parking permits in any residential permit parking area. Visitor permits shall
be obtained from the City by a qualifying resident and may be kept in the residents home to be used as
needed, subject to any restrictions as stated in this Article. When authorized, visitor parking permits may
be issued under the following conditions:
1. The permit is issued to a person who qualifies under Article 19-5-10.
2. Only two visitor parking permits shall be issued to any dwelling within the permit parking area.
3. Such other conditions and restrictions that the City Council by resolution imposes or that the City
Manager deems appropriate.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
B. The visitor parking permit shall be of a design as designated by the Chief of Police and shall display and
contain information as designated by the Chief of Police.
(Ord. No. O-01-0050, Enacted, 12/11/2001; Ord. No. O-2017-0005, Amended 02/28/2017)
C. The Chief of Police shall establish guidelines governing the expiration of all visitor parking permits.
(Ord. No. O-01-0050, Enacted, 12/11/2001; Ord. No. O-2017-0005, Amended 02/28/2017)
D. The Chief of Police shall adopt standards under which additional permits may be issued. The City may
authorize the issuance of additional visitor permits upon completion of an application, provided such
requests comply with those standards as adopted by the Chief of Police. Such application must state the
owner’s name, address, phone number and reason why additional permits are needed.
(Ord. No. O-01-0050, Enacted, 12/11/2001; Ord. No. O-2017-0005, Amended 02/28/2017)
19-5-12. Posting of Residential Permit Parking Area.
Upon the adoption by the City Council of a resolution designating a residential permit parking area, the City shall
cause appropriate signs to be erected in the area indicating prominently thereon the area prohibition or time
limitation, period of the day for its application, and conditions, if any, under which permit parking shall be exempt
therefrom.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
City of Orem, UT - Code of Ordinance Page 20
19-5-13. Display of Permits.
Permits shall be displayed in a manner determined by the Chief of Police.
(Ord. No. O-01-0050, Enacted, 12/11/2001; Ord. No. O-2017-0005, Amended 02/28/2017)
19-5-14. Permit Fees.
No fee shall be charged for the permits.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
19-5-15. Penalty Provisions.
A. It shall be unlawful for any person to stand or park a motor vehicle in violation of the area prohibition
established pursuant hereto.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
B. It shall be unlawful for a person to falsely represent himself as being eligible for a parking permit or to
furnish false information in an application therefor.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
C. It shall be unlawful for a person holding a valid parking permit issued pursuant hereto to permit the use or
display of such permit on a motor vehicle other than that for which the permit is issued. Such conduct shall
constitute an unlawful act and violation of this Article both by the person holding the valid parking permit
and the person who so uses or displays the permit on a motor vehicle other than that for which it is issued.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
D. It shall be unlawful and a violation of this Article for a person to copy, produce or otherwise bring into
existence a facsimile or counterfeit parking permit or permits. It shall further be unlawful and a violation of
this Article for a person to transfer the beneficial ownership of or a continuous right to use a visitor parking
permit or to knowingly use or display a facsimile or counterfeit parking permit in order to evade area
prohibitions or time limitations on parking applicable in a residential permit parking area.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
E. Violation of any provision of this Article shall be prosecuted as a Class C Misdemeanor.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
F. Any motor vehicle that has received three (3) or more administrative or criminal citations is hereby
declared to be a public nuisance and the City of Orem may authorize said motor vehicle to be towed from
the public streets at the expense and risk of the registered owner. Said motor vehicle shall be held and not
released until the reasonable costs of towing and storage have been paid.
1. If a motor vehicle has been towed from the public streets pursuant to the provisions of this Article and
is being held for the payment of fees and charges, the owner thereof, or the agent of the owner, may,
in writing, request a hearing to determine the validity of the action taken with respect to said motor
City of Orem, UT - Code of Ordinance Page 21
vehicle, and said hearing shall take place within 72 hours from the date of the request, unless the
applicant agrees to a longer period of time before the hearing. The Chief of Police, or his designee,
shall designate a hearing officer and said officer may be the same officer as designated in Article 19 of
this code. The Hearing Examiner may order the release of any motor vehicle without cost to the
owner or the owner's agent if said motor vehicle was towed from the public streets or is being held in
violation of this Article or other applicable law.
(Ord. No. O-01-0050, Enacted, 12/11/2001; Ord. No. O-2017-0005, Amended 02/28/2017)
19-5-16. Revocation of Permit.
The City is authorized to revoke the residential parking permit of any person found to be in violation of this Article
and, upon written notification thereof, the person shall surrender such permit to the Chief of Police or designee.
Failure when so requested, to surrender a residential parking permit so revoked shall constitute a violation of law
and of this Article. If the resident is found violating the terms of this Article, such residential parking privileges
may be revoked, and the resident may be prohibited from obtaining a residential parking permit for one year.
(Ord. No. O-01-0050, Enacted, 12/11/2001; Ord. No. O-2017-0005, Amended 02/28/2017)
19-5-17. Severability.
The provisions of this Article are severable and if any provision, clause, sentence, subsection, section, word or part
thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality,
invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions,
clauses, sentences, subsections, sections, words or parts of the Article or their application to other persons or
circumstances. It is hereby declared to be the legislative intent that this Article would have been adopted if such
illegal, invalid, or unconstitutional provision, clause, sentence, subsection, section, word, or part had not been
included therein, or if such person or circumstance to which the Article or part thereof is held inapplicable had
been specifically exempted therefrom.
(Ord. No. O-01-0050, Enacted, 12/11/2001)
Article 19-6. Administrative Civil Infractions
Contents:
19-6-1. Statement of Intent.
19-6-2. Position of Civil Violations Hearing Officer Created - Powers and Duties.
19-6-3. Acts Made Administrative Civil Infractions.
19-6-4. Notice of Administrative Civil Infraction.
19-6-5. Response to Notice of Infraction.
19-6-6. Fee for Infractions – Payment.
19-6-7. Contesting an Administrative Civil Infraction – Hearing.
19-6-8. Special Provisions Relating to Parking Regulations.
19-6-9. Civil Appeals.
19-6-10. Default.
City of Orem, UT - Code of Ordinance Page 22
19-6-11. Criminal Violation.
19-6-12. Civil Collection Actions.
19-6-1. Statement of Intent.
The purpose of this Article is to decriminalize, where possible, certain violations of municipal law which have
traditionally been regulated by the criminal laws. This is done to assist residents of the City of Orem, and others,
by expediting the resolution of cases and to remove the social stigma attached to criminal actions. With the
enactment of this chapter, the City of Orem is acting, in part, pursuant to authorization found in Sections 10-3-
703, 10-8-84, 41-6-16 and 41-6-17(u), Utah Code, as amended. This Article is intended to address the
constitutional issues set forth in 401 U.S. 395 (1971), and subsequent U.S. Supreme Court decisions.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
19-6-2. Position of Civil Violations Hearing Officer Created - Powers and Duties.
The Chief of Police shall appoint a civil violations hearing officer(s) to perform all duties and exercise all powers
described in this Article. The duties of a hearing officer may be performed through subordinates, except that a
hearing shall be conducted only by a hearing officer if a person charged with an infraction so requests in writing.
(Ord. No. O-02-0010, Enacted, 02/05/2002; Ord. No. O-2017-0005, Amended 02/28/2017)
19-6-3. Acts Made Administrative Civil Infractions.
A. Civil Violations. The following acts are hereby declared to be administrative civil infractions, unless
otherwise specified, and within the jurisdiction of the hearing officer:
1. Violation of any of the parking regulations described in the Orem City Code;
2. Violation of parking laws and regulations not inconsistent with these ordinances which are described
in state statutes, including those benefiting disabled (handicapped) persons;
3. Violation of motor vehicle license plate and registration regulations when the motor vehicle is parked
on public property as described in Section 19-3-9, Orem City Code; and
4. Violation of Section 9-2-12, Orem City Code.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
2. Criminal Violations.
a. Article 19-2 of this Chapter is expressly excluded from the jurisdiction of the hearing officer and it
is the intent of the City Council that all violations contained within Article 19-2 remain criminal
violations, unless otherwise stated.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
19-6-4. Notice of Administrative Civil Infraction.
Any peace officer and any person trained and authorized by the Police Department may issue a Notice of
Administrative Civil Infraction (or Notice of Infraction) which notice shall contain the following information:
City of Orem, UT - Code of Ordinance Page 23
A. The name and address of the person charged with the infraction. Notwithstanding anything in this section
to the contrary, a Notice of Infraction for a parking violation, placed on a parked motor vehicle need not
include a name and address;
(Ord. No. O-02-0010, Enacted, 02/05/2002; Ord. No. O-2017-0005, Amended 02/28/2017)
B. The infraction charged;
(Ord. No. O-02-0010, Enacted, 02/05/2002)
C. The date and place of the infraction;
(Ord. No. O-02-0010, Enacted, 02/05/2002)
D. If the infraction involved the use of a motor vehicle, the make of the vehicle and its license number; and
(Ord. No. O-02-0010, Enacted, 02/05/2002)
E. Notice that the Notice of Infraction must be paid by a date certain or responded to by a date certain at the
office of the Police Department if the administrative civil infraction is to be contested.
(Ord. No. O-02-0010, Enacted, 02/05/2002; Ord. No. O-2017-0005, Amended 02/28/2017)
19-6-5. Response to Notice of Infraction.
A. Any person to whom a Notice of Infraction has been issued shall respond within fourteen (14) days thereof
by:
1. Paying the fee described in section 19-6-6 (for good cause, the hearing officer may allow reasonable
terms for payment of the fine);
2. Contesting the violation in the manner described in section 19-6-7, Orem City Code; or
3. Entering into an agreement with the hearing officer to perform public service in lieu of paying the fee.
This option shall only be available to persons who demonstrate the financial inability to pay the
applicable fee on any reasonable terms. The public service shall be completed in not more than 30
days after the execution of the agreement. A person who elects the option described in this
subsection (3) shall perform a number of hours of public service needed to equal the applicable fee
for the infraction when multiplied by the minimum wage. The hearing officer shall determine the type
of service and number of hours to be performed.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
B. All payments must be received by Police Department within the times required by this Article. Fees may be
paid by mail, but the risk of loss or delay of a payment shall be on the sender.
(Ord. No. O-02-0010, Enacted, 02/05/2002; Ord. No. O-2017-0005, Amended 02/28/2017)
19-6-6. Fee for Infractions – Payment.
A. All fees, penalties, and interest related to civil infractions shall be paid to the Police Department as the
Chief of Police shall direct in harmony with the provisions of this Article. No hearing officer or any
City of Orem, UT - Code of Ordinance Page 24
subordinate thereof shall receive any fees for civil infractions over which the hearing officer has
jurisdiction.
(Ord. No. O-02-0010, Enacted, 02/05/2002; Ord. No. O-2017-0005, Amended 02/28/2017)
B. The City Council shall by resolution establish the fees to be imposed for all administrative civil infractions.
The City Council may also by resolution establish penalties for late payment and a rate of interest to accrue
on fees which are not paid in a timely manner.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
19-6-7. Contesting an Administrative Civil Infraction – Hearing.
A. A person charged with an administrative civil infraction may contest the same by delivering written notice
of intent to contest to the Police Department. The person contesting the infraction is responsible for
providing a correct mailing address to the Police Department.
(Ord. No. O-02-0010, Enacted, 02/05/2002; Ord. No. O-2017-0005, Amended 02/28/2017)
B. Upon the filing of a written notice of intent to contest, a date for an administrative hearing shall be set and
notice of the hearing date shall be mailed to the individual at the address provided. The hearing shall be
conducted by the hearing officer as informally as the circumstances will allow and shall be based on the
civil standard of a preponderance of the evidence. The Notice of Infraction shall constitute prima facie
evidence that the infraction alleged therein actually occurred. Any party may be required to testify at the
hearing. All witnesses shall be placed under oath by the hearing officer prior to testifying.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
C. The hearing officer shall consider all of the evidence presented at the hearing and shall determine the
existence or nonexistence of the infraction based on a preponderance of the evidence. If the hearing
officer finds that the infraction alleged did not occur, the Notice of Infraction shall be without any further
force or effect. If the hearing officer finds that the infraction alleged occurred, the person to whom the
Notice of Infraction was issued shall respond as provided in subsection 19-6-5(A)(1) or 19-6-5(A)(3). The
response shall be made within five (5) days after the hearing, unless the decision is given by mail and not
at the hearing, in which event the response shall be made within ten (10) days after the decision is mailed
to the address given in the notice of intent to contest.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
19-6-8. Special Provisions Relating to Parking Regulations.
If a Notice of Infraction relates to a parking regulation, the following rules shall apply:
A. The Notice of Infraction may be issued by affixing it to the subject motor vehicle in a conspicuous place.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
B. Whenever a motor vehicle has been parked in violation of any parking regulation, the registered owner of
the vehicle shall be responsible for such violation and liable for payment of the applicable fee.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
City of Orem, UT - Code of Ordinance Page 25
C. Any motor vehicle with respect to which three (3) or more Notices of Infraction are in default is hereby
declared to be a public nuisance and the City of Orem may authorize said motor vehicle to be towed from
the public streets at the expense and risk of the registered owner. The motor vehicle shall be held and not
released until the unpaid fees, penalties, accrued interest and reasonable costs of towing and storage have
been paid.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
D. If a motor vehicle has been towed from the public streets pursuant to the provisions of this Article and is
being held for the payment of fees and charges, the owner thereof, or the agent of the owner, may, in
writing, request a hearing to determine the validity of the action taken with respect to the motor vehicle,
and the hearing shall take place within three (3) business days from the date of the request, unless the
applicant agrees to a longer period of time before the hearing. The hearing officer may order the release of
any motor vehicle without cost to the owner or the owner's agent if the motor vehicle was towed or is
being held in violation of this Article or other applicable law.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
19-6-9. Civil Appeals.
Any person dissatisfied with a decision of a hearing officer may appeal within fifteen (15) days to the District
Court. A person that fails to timely respond to a Notice of Infraction shall not be entitled to appeal to the District
Court.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
19-6-10. Default.
Any person who receives a Notice of Infraction shall be considered in default with respect to said infraction if the
person:
A. Fails to timely respond to the Notice of Infraction as outlined in section 19-6-5;
(Ord. No. O-02-0010, Enacted, 02/05/2002)
B. Fails to provide a correct mailing address after filing a notice of intent to contest under section 19-6-7
unless the person has paid the fee or entered into an agreement to perform public service under section
19-6-5;
(Ord. No. O-02-0010, Enacted, 02/05/2002)
C. Fails to attend a hearing under section 19-6-7 unless the person has paid the fee or entered into an
agreement to perform public service under section 19-6-5.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
D. Fails to respond as described in section 19-6-7(C) after a determination by the Hearing officer that an
infraction occurred.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
City of Orem, UT - Code of Ordinance Page 26
19-6-11. Criminal Violation.
A. Notwithstanding any other provision herein to the contrary, it shall be a criminal Class C misdemeanor
violation, with exclusive original jurisdiction in the district court:
1. for a person to whom a Notice of Infraction has been issued to allow the subject action to go into
default. A person who allows a Notice of Infraction to go into default shall be prosecuted for the
underlying offense;
2. for a registered owner to fail or refuse to respond to a Notice of Infraction issued pursuant to
subsection 19-6-4; or
3. for a person to willfully fail or refuse to completely perform the public service agreed to pursuant to
subsection 19-6-5A(3), Orem City Code.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
B. For purposes of this Article it shall be a rebuttable presumption that the Notice of Infraction and any other
notices have been received by the addressee when mailed to the last known address via first class, United
States mail.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
19-6-12. Civil Collection Actions.
The City of Orem may pursue the collection of overdue and unpaid fees through any and all legal remedies
available to the City.
(Ord. No. O-02-0010, Enacted, 02/05/2002)
Article 19-7. Towing and Parking Enforcement Companies
Contents:
19-7-1. Definitions.
19-7-2. Legislative Findings.
19-7-3. General Provisions Applicable to Parking Enforcement and Towing Companies.
19-7-4. Rotation List.
19-7-5. Regulation of Nonconsensual Towing and Booting Practices.
19-7-6. Repossession of Vehicles.
19-7-7. Unauthorized Tampering with or Removal of a Boot or Other Vehicle Immobilization Device.
19-7-8. Severability.
19-7-9. Violation.
19-7-1. Definitions.
The terms and definitions as contained in Section 12-5-13(A) are herein incorporated by reference.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Amended 08/14/2008)
City of Orem, UT - Code of Ordinance Page 27
19-7-2. Legislative Findings.
A. General Finding. A number of parking enforcement and towing companies conduct business within the
City and want to be placed on the Police Department’s rotation list. While most of these companies
conduct business in a reputable way, there have been instances of questionable practices. The City Council
therefore finds as a result of public input and evidence derived from reliable sources, that there is a need
to license/register companies wanting to work in the City and to set requirements for being placed on the
Police Department’s rotation list.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, amended 08/14/2008; Ord. No. O-2017-0005, Amended 02/28/2017)
B. Specific Findings. The following specific legislative findings of the City Council in support of
licensing/registering parking enforcement and towing companies and their ability to be placed on the
rotation list are set forth as illustrations of the need compelling the enactment of this Article. They are
intended as illustrations only and are not all-inclusive.
1. Towing companies are needed to tow vehicles from traffic accidents, tow disabled or inoperable
vehicles, or impound vehicles upon request of a police officer. In these instances, prompt response
time is of the essence, especially when there is a need to clear an accident scene. Towing companies
that fail to respond in a timely manner add to the confusion and delay in clearing these scenes.
2. Towing companies are responsible for clearing the scene of accident-related debris. When towing
companies fail to do this or fail to completely clean the scene, motorists are exposed to driving around
or over broken glass, vehicle fluids, and other debris which has the potential of harming their vehicles.
3. There is a need for parking enforcement and towing services within the City. Many businesses,
apartment complexes and other private parking lots have a problem with individuals parking in these
lots who either do not have permission or are parked in areas where they should not be parking. In
order to discourage these individuals from parking where they should not, owners of these lots have a
need for parking enforcement and towing services.
4. There are parking lots within the City where it is not apparent that parking is prohibited but from
which a vehicle may be towed. In order that there be no question as to whether a vehicle may be
towed from a parking lot, adequate signs stating that towing will take place should be posted at all
entry points to the parking lots.
5. Being on the Police Department's rotation list is a privilege and not a right. To be eligible to be on the
list, parking enforcement and towing companies must comply with the rules and regulations as set
forth in this Article and Section 12-5-13 of the Orem City Code.
6. The Police Department receives a regular number of confirmed reports from citizens of towing
companies that engage in questionable business practices. In an effort to curtail these practices,
companies that are found to engage in these types of activities will be in jeopardy of being taken off
the rotation list and/or subject to criminal penalties as provided in this Article.
7. In the past, personal property has been stolen from vehicles that have been towed. Personnel from
towing companies have been charged with the thefts. In an effort to prevent this type of activity in
the future and to limit those individuals who will be allowed to tow vehicles to those without a history
of property crime, background checks will be conducted on towing company employees prior to being
allowed to tow vehicles within the City.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Amended 08/14/2008; Ord. No. O-2017-0005, Amended 02/28/2017;
Ord. No. O-2021-0024 Amended 09/28/2021)
Effective on: 4/10/1990
City of Orem, UT - Code of Ordinance Page 28
19-7-3. General Provisions Applicable to Parking Enforcement and Towing Companies.
A. A person conducting towing or parking enforcement operations shall furnish without charge an itemized
statement of services performed, labor and special equipment used in completing a tow or boot of a
vehicle, and the charges made therefore to and upon the request of:
1. The person requesting the towing or booting service; or
2. The owner of the vehicle towed or booted; or
3. The duly authorized agent of either of the foregoing.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Amended 08/14/2008)
B. Parking enforcement and towing companies shall post a copy of a schedule of fees in a prominent place at
the business location where vehicles are released from storage. Upon request, a parking enforcement or
towing company shall show a current copy of its fee schedule to a person whose vehicle is being towed or
booted and shall provide the name and phone number of the owner or agent of the property from or on
which the vehicle is being or has been towed or booted.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Amended 08/14/2008)
C. Parking enforcement and towing companies shall maintain personnel authorized to release any vehicle to
its owner twenty-four (24) hours each day. A vehicle shall be released immediately upon payment of any
required fees authorized by this Article.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Amended 08/14/2008)
D. Towing and parking enforcement companies, including those that are not on the rotation list, are required
to comply with this Article and with Orem City Code 12-5-13. Failure to comply with the applicable
portions of this Article may result in the revocation of a parking enforcement and towing company’s
business license or its right to conduct towing and parking enforcement within the City.
(Ord. No. O-2012-0009, Enacted, 03/27/2012; Ord. No. O-2021-0024, Amended 09/28/2021)
E. Revocation of Towing or Parking Enforcement License or Registration.
If after conducting an investigation, the Chief of Police or the Chief of Police's designee determines that a violation
of this Article, Section 12-5-13, or state law has occurred, the parking enforcement or towing company will have
ten (10) days to remedy the violation. If the parking enforcement or towing company fails to do so, the Chief of
Police or the Chief of Police's designee may revoke the towing or parking enforcement company’s business license
or registration pursuant to Subsection 3 of this Section.
1. In addition to the violations contained in Article 12-4 and Section 12-5-13.H., a towing or parking
enforcement company may have its business license or registration revoked if any of the following
occurs:
a. A towing or parking enforcement company fails to comply with any of the requirements of this
Article;
b. A towing or parking enforcement company fails to comply with Section 12-5-13;
c. A towing or parking enforcement company fails to comply with applicable state law;
d. A judicial determination is made that a parking enforcement or towing company has conducted a
tow not in compliance with this Article, Section 12-5-13, or applicable state law; or
City of Orem, UT - Code of Ordinance Page 29
e. A parking enforcement or towing company fails to refund to the vehicle owner all
nonadministrative fees and costs imposed after a finding by a court or the Chief of Police that a
tow or booting did not comply with this Article, Section 12-5-13, or state law.
2. The Chief of Police or the Chief of Police's designee shall hear and determine all revocations.
a. No business license or registration shall be revoked until a show-cause hearing has been held.
Written notice of such hearing shall be served at least ten (10) working days prior to the date
thereof upon the parking enforcement or towing company or its agent. Such notice shall state the
grounds for revocation and the time and place the hearing will be held. The parking enforcement
or towing company shall have the right to appear and respond to any allegations made and to
present reasons why the business license or registration should not be revoked.
b. Show-cause hearings shall be conducted informally. Witnesses may be sworn, although it is not
necessary. Formal rules of evidence and court procedure shall not apply. Because the hearings
are administrative in nature, hearsay is admissible, but evidence must have some probative
weight and reliability. The standard of proof shall be a preponderance of the evidence.
3. Appeal. Any parking enforcement or towing company that has had its business license or registration
revoked pursuant to this Article may appeal to the City Manager or the City Manager's designee the
decision of the Chief of Police or the Chief of Police's designee’s decision to revoke. Any appeal must
be in writing and filed with the City Recorder within thirty (30) days of receiving a notice of the
revocation. Within ten (10) days of receiving a notice of appeal, the City Manager or the City
Manager's designee shall hold a hearing to determine whether to uphold the revocation or reinstate
the parking enforcement or towing company’s business license or registration.
4. Reinstatement after Revocation. In order for a parking enforcement or towing company that has had
its business license or registration revoked pursuant to this Article to be reinstated absent a successful
appeal to the City Manager or the City Manager's designee, the towing or parking enforcement
company must:
a. Reapply for a new license or registration; and
b. Must satisfactorily demonstrate to the Chief of Police or the Chief of Police's designee that the
violation of the ordinance that resulted in the revocation has been remedied.
(Ord. No. O-2012-0009, Enacted, 03/27/2012; Ord. No. O-2017-0005, Amended 02/28/2017; Ord. No. O-2021-0024, Amended
09/28/2021)
Effective on: 4/10/1990
19-7-4. Rotation List.
A. Creation. The Chief of Police or his designee shall create and administer a rotation list comprised of those
towing companies who comply with all the terms of this Article and Section 12-5-13 of the Orem City Code
and are authorized to respond to calls for service by the Police Department. One slot on the rotation list
shall be given to each compliant company. To ensure a fair distribution of calls for service, however,
companies with different names but which utilize the same employees, trucks, business offices or impound
yards shall be treated as one company for purposes of the rotation list, and shall only have one slot on the
list.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Amended 08/14/2008; Ord. No. O-2010-0010, Amended 05/11/2010;
Ord. No. O-2017-0005, Amended 02/28/2017)
City of Orem, UT - Code of Ordinance Page 30
B. Duties of companies on list. In addition to any other requirements set forth in the Orem City Code or
required by federal or state law, a towing company, which has been placed on the rotation list, shall:
1. Respond to a call for service from the Police Department and arrive on scene within fifteen (15)
minutes of receiving the call. In the event that the company fails to arrive within fifteen (15) minutes
from receipt of the call or declines to respond to the call, the Police Department shall be permitted to
secure the services of an alternate company from the rotation list. The late-responding company shall
not be entitled to any fee for a late response or costs and expenses incurred as a result thereof. Any
company that declines to respond or fails to respond within the required fifteen (15) minutes will be
placed at the bottom of the rotation list. Only those tow truck companies that have been called from
the rotation list may respond to a public safety request. Towing companies that have not been
specifically called may not respond on behalf of another tow truck company, regardless of the
circumstances. Responding tow truck companies that have not been called, shall be placed on the
bottom of the rotation list.
2. Have a vehicle storage facility within the City corporate limits that has a fenced area, enclosed yard, or
building. No vehicle may be moved to a location which is not within the City limits without the prior
consent of the owner or operator of the vehicle. Such vehicle storage facility must comply with all
state requirements.
3. Have the capability of transporting abandoned or inoperable vehicles.
4. Clean up any mess, debris, rubble or any other items that may be located on the roadway or in the
immediate vicinity of the location from which an abandoned or inoperable vehicle is to be towed. To
achieve this requirement, and in addition to any other state or administrative requirements, the tow
truck must be equipped with adequate equipment and materials to clean up the area. Failure to clean
up the area is a violation of this Section and can result in being removed from the rotation list.
5. Ensure that all its authorized agents agree to follow the instructions or orders of a public safety officer
at the towing scene.
6. Comply with all federal, state, and local requirements governing parking enforcement and towing
companies.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Amended 08/14/2008; Ord. No. O-2017-0005, Amended 02/28/2017;
Ord. No. O-2021-0024, Amended 09/28/2021)
C. Removal from list. A towing company may voluntarily request in writing to be removed from the rotation
list. A towing company may lose the privilege of being on the rotation list and subject to removal from the
rotation list for a period of ninety (90) days or a twelve (12) month period pursuant to subsection (f) for
any of the following reasons:
1. Failure to comply with any of the requirements of this Article, including the provisions applicable to
parking enforcement companies and nonconsensual tows contained in Sections 19-7-3 and 19-7-5;
2. Failure to comply with any of the requirements of Section 12-5-13 of the Orem City Code;
3. A conviction of any of the towing company’s employees of a crime involving dishonesty or moral
turpitude. A conviction includes the entry of a plea in abeyance; or
4. Being the subject of three (3) or more complaints received within a ninety (90) day period that are
later substantiated. A complaint is substantiated when the following occurs:
a. The complaint has been lodged against a towing company by the owner or the owner’s agent of a
motor vehicle that was towed or by a police officer;
City of Orem, UT - Code of Ordinance Page 31
b. The Police Department has, within ten (10) days of receiving the complaint, given the towing
company written notice of the complaint that contains information about the vehicle that was
towed, the date, time and place of the tow, and a statement of the complaint including the
federal, state or local law or regulation that the towing company is alleged to have violated;
c. The complaint has been investigated by the Chief of Police or his designee after having given the
towing company ten (10) days to respond in writing to the complaint; and
d. The Chief of Police or his designee has determined the towing company violated any federal,
state, or local law or rule regulating towing companies and has given the towing company written
notice of his decision.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Amended 08/14/2008; Ord. No. O-2010-0010, Amended 05/11/2010;
Ord. No. O-2017-0005, Amended 02/28/2017)
D. Notice of Removal. Prior to removing a towing company from the rotation list for any of the reasons listed
above, the Chief of Police or his designee shall give the towing company written notice of his decision to
remove the company from the rotation list. The notice shall contain the basis for the decision; notice that
the towing company will be removed from the rotation list, if applicable; and the conditions under which
the towing company will be reinstated on the rotation list, if applicable.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Amended 08/14/2008; Ord. No. O-2017-0005, Amended 02/28/2017)
E. Appeal. Any towing company that has been removed from the rotation list pursuant to this Article may
appeal to the City Manager or the City Manager's designee the decision of the Police Chief or the Chief of
Police's designee’s decision to remove the towing company from the rotation list. Any appeal must be in
writing and filed with the City Recorder within ten (10) days of receiving notice of the removal. Within
thirty (30) days of receiving a notice of appeal the City Manager or the City Manager's designee shall hold a
hearing to render a decision upholding the removal or reinstating the towing company on the rotation list.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Amended 08/14/2008; Ord. No. O-2017-0005, Amended 02/28/2017;
Ord. No. O-2021-0024, Amended 09/28/2021)
F. Removal Period and Reinstatement. Removal from the rotation list shall be for a ninety (90) day period for
the first or second removal within a three (3) year period. Removal from the towing rotation list shall be
for one (1) year for the second removal from the rotation list within three years of any prior removal. The
date of removal shall be the later of ten (10) days after the Chief of Police or his designee sends a Notice of
Removal or the date the City Manager or his Designee renders a decision in response to an appeal. Any
towing company that has been removed from the rotation list may file a written request with the Chief of
Police or his designee to be placed back on the list no sooner than ten days prior to the expiration of the
removal period. The Chief of Police shall place the company back on the towing rotation list upon a
showing that all previous problems for which the company has been removed have been corrected, and
the company certifies it is willing and able to comply with all the requirements for being on the rotation
list.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Amended 08/14/2008; Ord. No. O-2017-0005, Amended 02/28/2017)
Effective on: 4/10/1990
19-7-5. Regulation of Nonconsensual Towing and Booting Practices.
City of Orem, UT - Code of Ordinance Page 32
A. Owners of private property may, to the extent authorized by this Section, boot or tow away any
unauthorized vehicle on their premises. An unauthorized vehicle is any vehicle parked or stopped in
violation of private property parking regulations which govern parking for authorized tenants and visitors
or which restrict parking in loading zones, handicapped spaces, fire lanes, or other “no parking” zones. All
restricted parking areas and visitor parking spaces, if any, shall be clearly marked to give notice that
parking is prohibited or otherwise restricted in a particular area.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Ren&Amd 08/14/2008)
B. It shall be unlawful for any person, firm, or corporation to boot or tow away a motor vehicle on or from
private property without the vehicle owner or his agent’s consent unless authorized by the private
property owner or his agent or a police officer or a person acting on behalf of a law enforcement agency.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Ren&Amd 08/14/2008)
C. Except for tow truck service that was ordered by a peace officer or a person acting on behalf of a law
enforcement agency, the tow truck operator shall:
1. Contact Orem Dispatch prior to towing the vehicle and report the:
a. location of the vehicle;
b. date, time and location from which the vehicle is being removed;
c. reasons for the removal of the vehicle;
d. person who requested the removal of the vehicle;
e. vehicle’s description, including its vehicle identification number and license number or other
identification number issued by a state agency. The tow truck operator will then be given an
Orem Department of Police Incident Report Number and may begin towing the vehicle.
2. Immediately transport any vehicle that has been towed to the towing company’s vehicle storage
facility before towing another vehicle ; and
3. Within two business days of performing the tow truck services send a certified letter to the registered
owner’s current address or to the last-known address of the registered owner and lien holder of the
vehicle, if applicable, obtained from the Motor Vehicle Division, notifying the owner of the:
a. location of the vehicle;
b. date, time and location from which the vehicle was removed;
c. reasons for the removal of the vehicle;
d. person who requested the removal of the vehicle;
e. vehicle’s description, including its vehicle identification number and license number or other
identification number issued by a state agency; and
f. costs and procedures to retrieve the vehicle.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Ren&Amd 08/14/2008; Ord. No. O-2012-0009, Amended 03/27/2012;
Ord. O-2020-0018, Amended 08/11/2020)
D. It shall be unlawful to boot or tow a motor vehicle in or from a private parking lot having four (4) or more
parking spaces that are open to the public, other than a vehicle which has been continuously parked on the
private parking lot for more than forty-eight (48) hours, without the signage required by Utah Code § 72-9-
603.
City of Orem, UT - Code of Ordinance Page 33
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Ren&Amd 08/14/2008; Ord. No. O-2014-0037, Amended 10/28/2014;
Ord. No. O-2017-0005, Amended 02/28/2017)
E. It shall be unlawful to display signs, as required by this section that do not contain accurate and current
information. It shall also be unlawful to tow or boot a motor vehilce in or from a private parking lot where
signs are displayed without accurate and current information.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Ren&Amd 08/14/2008; Ord. No. O-2021-0024 Amended 09/28/2021)
F. Before booting or towing a vehicle located on private property, a parking enforcement or towing company
shall receive from the property owner or his authorized agent, neither of whom shall be affiliated in any
way with the parking enforcement or towing company, a signed request for each booting or towing of a
particular vehicle; provided, however, that property owners who have a written contract with a parking
enforcement or towing company where the provisions of the contract are consistent with the provisions of
this Section and with Utah state law shall not be required to sign a request before a vehicle is booted or
towed from their property.
1. Written contracts for towing or parking enforcement operations shall specify when and under what
conditions parked vehicles shall be subject to towing or booting.
2. Towing or parking enforcement companies who enter into written contracts with property owners for
towing or booting operations pursuant to the terms of this section shall provide to the
Police Department copies of the contracts prior to towing a vehicle from property covered by a
contract or booting any vehicle on the property.
3. Copies of current contracts must be filed with the Police Department annually pursuant to Orem City
Code Section 12-5-13(E).
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Ren&Amd 08/14/2008; Ord. No. O-2012-0009, Amended 03/27/2012;
Ord. No. O-2017-0005, Amended 02/28/2017; Ord. No. O-2021-0024 Amended 09/28/2021)
G. Any parking enforcement or towing company booting or towing a motor vehicle pursuant to this Section
shall release such vehicle to its owner or authorized agent immediately upon payment sufficient to cover
the actual costs incurred in booting, towing, storing or providing other services rendered as the result of
booting or towing the vehicle as provided in this Section.
1. The parking enforcement or towing company shall accept payment offered in cash or by major credit
card, but shall not be obligated to accept checks or payment in coins and shall maintain sufficient cash
on hand to make change of up to forty dollars ($40).
2. No vehicle recovery, release or gate fee may be charged during normal business hours, 8:00 a.m. to
5:00 p.m., Monday through Friday, excluding holidays.
3. A parking enforcement or towing company that has removed a vehicle to an impound yard or its
vehicle storage facility under the provisions of this Section may not collect any fees associated with
the removal or begin charging storage fees until the company has complied with the notification
requirements under 19-7-5.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Ren&Amd 08/14/2008; Ord. No. O-2012-0009, Amended 03/27/2012)
H. A parking enforcement company that utilizes booting practices instead of towing shall be limited to a
maximum fee for booting of one-half the current maximum towing fee as dictated by Utah Code § 41-6a-
1409(4). In those situations where a boot has been applied to a vehicle and it is subsequently towed, the
towing or booting company may only collect the fee associated with the towing of the vehicle.
City of Orem, UT - Code of Ordinance Page 34
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Ren&Amd 08/14/2008; Ord. No. O-2021-0024 Amended 09/28/2021)
I. A parking enforcement company shall leave completed paperwork in a conspicuous place on the vehicle
being booted. The completed paper work shall be legible and contain the following information:
1. The name of the company performing the booting service and the name of the employee who placed
the boot on the vehicle.
2. The twenty-four (24) hour phone number which an owner can call to arrange for release of the boot.
3. The fees charged for booting and towing services.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Ren&Amd 08/14/2008)
J. If the registered owner or authorized agent arrives at a vehicle before the parking enforcement or towing
company has finished booting the vehicle and finished completing the required paperwork or before a tow
truck operator has removed the vehicle from off the premises, the parking enforcement or towing
company shall be entitled to only one-half the regularly charged fee for booting or towing a vehicle and
upon payment shall release the vehicle to the registered owner or authorized agent.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Ren&Amd 08/14/2008)
K. Property owners, managers, or their agents shall not receive any consideration whatsoever from any
parking enforcement or towing company in exchange for utilizing such company's services to boot or tow
unauthorized vehicles from the owner's property or for entering into a services contract with a parking
enforcement or towing company.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Ren&Amd 08/14/2008)
L Except for vehicles deemed abandoned under Orem City Code 12-5-13 (A), all vehicles towed pursuant to this
Section must be towed to a lot within the City limits that complies with State law
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Ren&Amd 08/14/2008)
Effective on: 4/10/1990
19-7-6. Repossession of Vehicles.
Nothing contained in this Article shall be construed to apply to the lawful repossession of vehicles by persons or
entities that have valid security interests or liens on the vehicle being repossessed.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Ren&Amd 08/14/2008)
19-7-7. Unauthorized Tampering with or Removal of a Boot or Other Vehicle Immobilization
Device.
It shall be unlawful to tamper with or remove from a vehicle a boot or other device designed to immobilize a
vehicle without the authorization of the parking enforcement or towing company which applied the boot or
otherwise immobilized the vehicle.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Ren&Amd 08/14/2008)
City of Orem, UT - Code of Ordinance Page 35
19-7-8. Severability.
If any provision of this Article is held by a court of competent jurisdiction to be unconstitutional or for any reason
invalid, it shall not affect the validity of the remaining provisions, which are adopted separately and
independently.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Amended 08/14/2008)
19-7-9. Violation.
Violation of any provision of this Article is a class B misdemeanor.
(Ord. No. O-03-0008, Enacted, 04/01/2003; Ord. No. O-08-0020, Amended 08/14/2008)
