41-6a-208.  Regulatory powers of local highway authorities — Traffic-control device affecting state highway — Necessity of erecting traffic-control devices.

(1)  As used in this section:

Terms Used In Utah Code 41-6a-208

(a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from:
(i) 
(A) the curbs; or
(B) in the absence of curbs, from the edges of the traversable roadway; and
(ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline; or
(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Utah Code 41-6a-102
  • Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
  • Highway authority: means the same as that term is defined in Section 72-1-102. See Utah Code 41-6a-102
  • Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Local highway authority: means the legislative, executive, or governing body of a county, municipal, or other local board or body having authority to enact laws relating to traffic under the constitution and laws of the state. See Utah Code 41-6a-102
  • Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
  • Operator: means :
    (a) a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102
  • parking: means the standing of a vehicle, whether the vehicle is occupied or not. See Utah Code 41-6a-102
  • Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
  • Pedestrian: means a person traveling:
    (a) on foot; or
    (b) in a wheelchair. See Utah Code 41-6a-102
  • Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • standing: means the temporary halting of a vehicle, whether occupied or not, for the purpose of and while actually engaged in receiving or discharging passengers. See Utah Code 41-6a-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
  • Traffic-control device: means a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for the purpose of regulating, warning, or guiding traffic. See Utah Code 41-6a-102
  • Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
    • (a) 

    (i)  “Ground transportation vehicle” means a motor vehicle used for the transportation of persons, used in ride or shared ride, on demand, or for hire transportation of passengers or baggage over public highways.

    (ii)  “Ground transportation vehicle” includes a:

    (A)  shared ride vehicle;

    (B)  bus;

    (C)  courtesy vehicle;

    (D)  hotel vehicle;

    (E)  limousine;

    (F)  minibus;

    (G)  special transportation vehicle;

    (H)  specialty vehicle;

    (I)  taxicab;

    (J)  van; or

    (K)  trailer being towed by a ground transportation vehicle.

    (b)  “Idle” means the operation of a vehicle engine while the vehicle is stationary or not in the act of performing work or its normal function.

    • (2)  The provisions of this chapter do not prevent a local highway authority for a highway under its jurisdiction and within the reasonable exercise of police power, from:

    (a)  regulating or prohibiting stopping, standing, or parking;

    (b)  regulating traffic by means of a peace officer or a traffic-control device;

    (c)  regulating or prohibiting processions or assemblages on a highway;

    (d)  designating particular highways or roadways for use by traffic moving in one direction under Section 41-6a-709;

    (e)  establishing speed limits for vehicles in public parks, which supersede Section 41-6a-603 regarding speed limits;

    (f)  designating any highway as a through highway or designating any intersection or junction of roadways as a stop or yield intersection or junction;

    (g)  restricting the use of a highway under Section 72-7-408;

    (h)  requiring the registration and inspection of bicycles, including requiring a registration fee;

    (i)  regulating or prohibiting:

    (i)  certain turn movements of a vehicle; or

    (ii)  specified types of vehicles;

    (j)  altering or establishing speed limits under Section 41-6a-603;

    (k)  requiring written accident reports under Section 41-6a-403;

    (l)  designating no-passing zones under Section 41-6a-708;

    (m)  prohibiting or regulating the use of controlled-access highways by any class or kind of traffic under Section 41-6a-715;

    (n)  prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic;

    (o)  establishing minimum speed limits under Subsection 41-6a-605(3);

    (p)  prohibiting pedestrians from crossing a highway in a business district or any designated highway except in a crosswalk under Section 41-6a-1001;

    (q)  restricting pedestrian crossings at unmarked crosswalks under Section 41-6a-1010;

    (r)  regulating persons upon skates, coasters, sleds, skateboards, and other toy vehicles;

    (s)  adopting and enforcing temporary or experimental ordinances as necessary to cover emergencies or special conditions;

    (t)  prohibiting drivers of ambulances from exceeding maximum speed limits;

    (u)  adopting other traffic ordinances as specifically authorized by this chapter; or

    (v)  adopting an ordinance that requires a ground transportation vehicle to conform to state safety standards and reasonable annual appearance requirements, in consultation with a transportation advisory board of the local highway authority.

    (3)  A local highway authority may not:

    (a)  in accordance with 1, erect or maintain any official traffic-control device at any location which regulates the traffic on a highway not under the local highway authority’s jurisdiction, unless written approval is obtained from the highway authority having jurisdiction over the highway;

    (b)  prohibit or restrict the use of a cellular phone by the operator or passenger of a motor vehicle;

    (c)  enact an ordinance that prohibits or restricts an owner or operator of a vehicle from causing or permitting the vehicle’s engine to idle unless the ordinance:

    (i)  is primarily educational;

    (ii)  provides that a person must be issued at least one warning citation before imposing a fine;

    (iii)  has the same fine structure as a parking violation;

    (iv)  provides for the safety of law enforcement personnel who enforce the ordinance; and

    (v)  provides that the ordinance may be enforced on:

    (A)  public property; or

    (B)  private property that is open to the general public unless the private property owner:

    (I)  has a private business that has a drive-through service as a component of the private property owner’s business operations and posts a sign provided by or acceptable to the local highway authority informing its customers and the public of the local highway authority’s time limit for idling vehicle engines; or

    (II)  adopts an idle reduction education policy approved by the local highway authority;

    (d)  enact an ordinance that prohibits a vehicle from being licensed as a ground transportation vehicle:

    (i)  if the vehicle to be licensed otherwise passes all state safety inspection requirements established by the Utah Highway Patrol Division in accordance with Section 53-8-204; and

    (ii) 

    (A)  based on the manufacture date of the vehicle; or

    (B)  based on the number of miles the vehicle has accumulated;

    (e)  enact an ordinance, regulation, rule, fee, or criminal or civil fine pertaining to a registration violation under Section 41-1a-201 or a registration decal issued under Section 41-1a-402 that conflicts with or is more stringent than the registration requirements under Title 41, Motor Vehicles;

    (f)  enact an ordinance that:

    (i)  is inconsistent with the provisions of this chapter; or

    (ii)  prohibits the use of a bicycle on any public street or highway, except as allowed by Section 41-6a-714, unless the local highway authority has:

    (A)  documented that the local highway authority has reviewed the safety history of the highway and considered other reasonable alternatives, including signage and routes; and

    (B)  clearly marked a safe alternative route for the prohibited section of highway; or

    (g)  enact an ordinance, regulation, or rule that requires the owner or driver of a ground transportation vehicle to maintain liability insurance coverage in an amount that is greater than the minimum amount of liability coverage a transportation network company or transportation network driver is required to maintain under Subsection 13-51-108(1)(b).

    (4)  An ordinance enacted under Subsection (2)(d), (e), (f), (g), (i), (j), (l), (m), (n), or (q) is not effective until official traffic-control devices giving notice of the local traffic ordinances are erected upon or at the entrances to the highway or part of it affected as is appropriate.

    (5)  An ordinance enacted by a local highway authority that violates Subsection (3) is not effective.

    Amended by Chapter 294, 2019 General Session

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