9.12.040 Motor Vehicle Trespass on Private and Public Lands.
1. Lindon City incorporates by reference the following sections of Chapter 41-22 of the Utah Code, 1953 as amended and constituted in 2004 relating to the use of off-highway vehicles on public land;
Section 10.1. Vehicles operated on posted public land;
Section 10.5(4). Local ordinances-designating routes - supervision;
Section 10.7(1),(3) Vehicle equipment requirements-rulemaking-exceptions;
Section 10.8. Protective Headgear requirements-owner duty-penalty for violation;
Section 12(2). Restrictions on use of public lands;
Section 12.5. Restrictions on use of privately-owned lands without permission - unlawful for person to tamper with signs or fencing on privately-owned land;
Section 13. Prohibited uses.
2. This section does not prohibit the use of such property by the following:
a. Emergency vehicles;
b. Vehicles of commerce in the course of normal business operations;
c. Vehicles being operated on property devoted to commercial or industrial purposes where such operation is in conjunction with commercial or industrial use and permission for such operation is implied or expressly given by the person in possession of the property;
d. Vehicles operated on property actually used for residential purposes, where such vehicles are there at the express or implied invitation of the owner or occupant;
e. Vehicles being operated on public or private parking lots, where permission to do so is implied or expressly given by the person in possession of the lot.
3. Unless otherwise indicated, trespass violations as found in this section are a class C misdemeanor. Unless otherwise indicated, the minimum fine for an offense under this section shall be as follows:
First offense: $200
Second offense: $750
Third and all subsequent offenses: $750 plus up to the state allowed 35% surcharge as offenses as determined appropriate by the court.
4. The city believes that community service should be an integral part of the penalty for violations under this section, and encourages the court to assess up to one-half of the penalty as community service, at a rate of $5 per hour. (Ord. 2005-4, amended, 2005; Ord. 2003-9, adopted, 2003)