LAYTON -- Without knowing it, city-sponsored events violated Layton's municipal code several times during the summer. On Thursday night, the city council has the opportunity to make sure the city will be in compliance in summer 2012.
According to the city's municipal code, disturbing the peace is unlawful from 9 p.m. to 7 a.m. While recently reviewing this part of the code, city officials realized many of the summer concerts, staged by the Davis Arts Council at the Ed Kenley Amphitheater, and the fireworks show that took place at Layton Commons Park during the summer lasted past 9 p.m.
The Fourth of July fireworks show, held this year on July 5, did not even start until 10 p.m.
"In all honesty, we did not know that we were in violation," Layton Mayor Steve Curtis said.
As part of the consent agenda for Thursday's city council meeting, there is an item that will change the disturbance time to 10:30 p.m. That would allow for events that more accurately reflect the current standards of the city.
"What we wanted to do is to take it to 10:30 p.m. so we would come into compliance with the law," Curtis said. "It's just one of those book items that needed to be looked at and adjusted accordingly."
Curtis said that although changing the hours regarding disturbing the peace is one of the consent items, the council can vote to pull it off the agenda if they want to discuss the time change with the help of comments from the public.
City officials became aware of the need for the change after the time period was extended for Utah residents to discharge fireworks. Along with the change in Utah law that allowed for lawful use of fireworks from June 26 to July 26, residents also are allowed to discharge more powerful fireworks than previously permitted.
"People were setting off those bigger fireworks, and the noise was going at all hours of the night," Curtis said. "We had numerous complaints that the noise was well into the evening and so, looking at our noise ordinance, we could see also that we needed to come into compliance."
Curtis said the reason the city chose 10:30 p.m. is that during the summer, with daylight-saving time in effect, fireworks cannot be fully enjoyed until later at night.