HomeMy WebLinkAbout145 of 1977 - Amending sections 96, 99, 101, 105, 106, 107, 108, 109 and repealing section 97 to comply with chang — ~VOTING Aye Nay Salt Lake City,Utah, September 8 ,19 77
Mr.Chairman . . . ,
I move that the Ordinance be passed.
Agraz
Greener
Hogensen ��
Phillips f' /���
Result
i AN OKD ANCE Cam""
/ii / ,/
AN ORDINANCE AMENDING Articles 96, 99, 101, 105, 106, 107, 108,
109 of Title 46, and REPEALING Article 97 of Title 46 of the Revised
Ordinances of Salt Lake City, Utah, 1965, relating to traffic rules and
regulations.
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. That Articles 96, 99, 101, 105, 106, 107, 108 and 109
of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to
traffic rules and regulations, be, and the same hereby are amended as
follows:
Sec. 96. Collision with unattended vehicle. The driver of
any vehicle which collides with or is involved in an accident
with any vehicle or other property which is unattended which
results in damage to the other vehicle or property shall imme-
diately stop and shall then and there either locate and notify
the operator or owner of such vehicle or other property of
such driver's name and address and the registration number of
the vehicle causing such damage or shall attach securely in a
conspicuous place on the vehicle or other property a written
notice giving such driver's name and address and the registra-
tion number of the vehicle causing such damage. If applicable,
the driver shall also give notice as provided in Section 91.
Any person failing to comply with said requirements under such
circumstances is guilty of an infraction.
Sec. 99. Physical incapacity of driver. Duty of owner.
Whenever the driver is physically incapable of making written
report of an accident as required by Section 98 and such driver
is not the owner of the vehicle, then the owner of the vehicle
involved in such accident, within 15 days after learning of the
accident shall make such report not made by the driver.
Sec. 101. Garage keeper to report damaged vehicle. The
person in charge of any garage or repair shop located in Salt
Lake City who receives a vehicle which shows evidence of having
been involved in an accident for which a written report must be
made as provided in Section 98, or having been struck by any
bullet, shall report to the police department, within twenty
four hours after such vehicle is received by the garage or
repair shop, giving the vehicle identification number, regis-
tration number, and the name and address of the owner or opera-
tor of such vehicle. If a damaged vehicle sticker describing
the damage is affixed to the vehicle, the person in charge of
the garage or repair shop is not obligated to give the notifi-
cation required by this section.
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Sec. 105. Users of drugs and intoxicants, (1) It shall be
unlawful for any person who is under the influence of alcohol
or who is under the influence of any drug or combined influence
of alcohol and any drug to a degree which renders the person
incapable of safely driving a vehicle, to drive or be in actual
physical control of any vehicle within this city. The fact
that any person charged with violating this section is or has
been legally entitled to use alcohol or a drug shall not consti-
tute a defense against any charge of violating this section.
(2) In any criminal prosecution for a violation of subsec-
tion (1) of this section relating to driving a vehicle while
under the influence of alcohol the amount of alcohol in the
defendant's blood at the time alleged as shown by chemical
analysis of the defendant's blood, breath or other bodily sub-
stance shall give rise to the following presumptions:
(a) If there was at the time 0.05 percent or less by
weight of alcohol in the defendant's blood, it shall be
presumed that the defendant was not under the influence
of alcohol.
(b) If there was at the time in excess of 0.05 percent
but less than 0.08 percent by weight of alcohol in defen.-
dant's blood, such shall not give rise to any presumption
that the defendant was or was not under the influence of
alcohol, but such fact may be considered with other compe,-
tent evidence in determining the guilt or innocence of the
defendant.
(c) If there was at that time 0,08 percent or more by
weight of alcohol in the defendant's blood, it shall be
presumed that the defendant was under the influence of
alcohol.
Sec. 106. Habitual user of drugs. In any action or preceed-
ing in which it is material to prove that a person was driving
under the influence of alcohol, the results of a chemical test or
tests as authorized in Section 105 shall be admitted as evidence
if the chemical test was taken within one hour of the alleged
incident. The level of the alcohol determined to be in the blood
by the chemical test shall be presumed to be not less than the
blood alcohol level of the person at the time of the incident.
If the chemical test was not taken within one hour after the
alleged incident, the evidence of the amount of alcohol in the
person's blood as shown by the chemical test is admissible if
expert testimony established its probative value and the results
of said test may be given prima facie effect if established by
expert testimony.
Sec. 107. Permitting use of habitual user. It shall be
unlawful for the owner of any motor vehicle, or any person having
such in charge, to permit same to be driven or operated on any
street by any person who is an habitual user of any drugs, or by
any person who is under the influence of alcohol or any drugs.
Sec. 108. Intoxicated person in or about vehicle, It shall
be unlawful for any person under the influence of alcohol or any
drugs to be in or about any vehicle with the intention of driving
or operating such vehicle.
Sec. 109. Drinking in vehicle. It shall be unlawful for any
- person to drink any alcoholic beverage while in the motor vehicle.-
on the streets or alleys of this city.
1i )
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SECTION 2. That Article 97 of Title 46 of the Revised Ordinances
of Salt Lake City, Utah, 1965, relating to traffic rules and regulations,
be, and the same hereby is REPEALED.
SECTION 3. In the opinion of the Board of Commissioners of Salt
Lake City, it is necessary to the health, peace and welfare of the
inhabitants of Salt Lake City that this Ordinance become effective imme-
dately.
SECTION 4. This Ordinance shall take effect upon its first publi-
cation.
Passed by the Board of Commissioners of Salt Lake City, Utah, this
8th day of September 1977.
MAYOR
C I'PY REC ER
(SEAL)
BILL NO, 145 of 1977
Published September 14, 1977
1'1
apM sad
Affidavit of Publication
STATE OF UTAH, 1
ss.
County of Salt Lake
AN ORDINANCE
AN ORDINANCE AMENDING Articles 96,99,101)05,106,
they Reev,ised Ordinances of Sala Lak09 of Title 46,and REPEALING
City.Article relating to 46 o Shane U. Palmer
traffic rules,d regulations.
Be it ordained by the Board of Commissioners a1 Sail Lake
City,Utah:
SECTION I.That Articles%,99,101,105,106,107,108 and 109
o a traffic iced Ordinanceand s
ofi Salt
and Me l taon,119665,same reeleby ting Being first duly sworn,deposes and says that he is legal adver-
amemledastouows: driver
��y are
testing Berk of the DESERET NEWS, a daily (except Sunday)
vehicle which°colides with unattended
is iinvodolvvehicle.
d int a an accicidentwltthh any newspaper printed in the English language with general cif•
dar'cneyo ro thea`other�r vehicloperly e orrh is unattended
shall immediately results
and shall Men andm,reeim°rl andnotitim.�ratoro calation in Utah, and published in Salt Lake City, ,Salt Lake
owner of such vehicle or alter property a such M driver's name (;punt.y, in the State ofUtah.
and address and e retatrhs number of the vehicle mus
ing usi
such damage or shall attach securely Ina ces piste on
on
the vehicle or other properly a written noticealy ag
no such drivers
and address and Me registration number of the vehicle°lira such damage.If io 91.Aln,the driver shag also give That the legal notice of which a copy is attached hereto
notice as provided Seat.91.Any Person failing to Ofcomplyan
with said requirements under such circumstances Is guilty of an
infraction.
Whenever The delvver IslphysiB°�cally Inca of pable d Duly river.
making written --_41.1tr_ltntiG�}'Ct lmamo saso_ordinance�aldting_t0__
report of an accident as required by Section 91 end such driver Is
1 the owner of the vehicle Then the owner of the vehicle
not
oivod in such°cadent,within 15rtdaye after laamina of the
accident slh1rltll rmakaaeprge fouch
ea keeper report1101report damaged
driver.
The -----traffic ru1PS ra,111 Ations,
lt
Person
City wn re receivesa ve1ehicle which silo evidence of ny garage or repair shop Jousted h°nN g
teene,aadinvoiced
a D ovide in d In Section for 90,which
vine written
rreport etruck must be
bullet.shall report to the police department,within Meatytour
hours after such vehicleIs received by the eereae or repair shop
adnfiaelale dl reunr, ra 'snthenmnd asddressoftt �r.Opera number,
-_
vehicle.It a damaged vehicle sticker describing the damage is -- -- - --
affixed to the vehicle,the eerses%Margpee Of the garage or repair
shop is
not oWlgefed to give fist notification required be this
Sec.105.Users of drugs and intseicanls.lit It Man be
lawful for any any Pars *AO Is Under ter%nuance a aKaa orl
who is under the Influence of any drug or combined hdiuerge of
alcohol io 9I1y'erug to a degRe nod'rive or
e i Tactual
psble d lamf any
yell c vehkk,is dty. a be In actual was published in said newspaper on ___SQpt,_14.,_1977..
Physical canted iamelan rigs within! sse this city.het act filaet any
Mlle
ined charged alcohol lt ate dnN1`shnlllon`or consttitu a asdefense
against any charge of vldatIg prosecution section.idMionMwb;'¢rti°n
(7)In any criminal
( d this seethe)alcohol th nil ro driving a vehlcle while under toe
I heat¢d me the e s she d alcohol m fhs defelystsMf t s
the
blood a the time,bread as soher by n sly substance
sl analysts d the
rise to the
blood,breath resu or other bodily subsrasice that!give ----- ----------
rise to(aMIf there w a presumptions:
Ihrom' (�/
(a)If there was at the Ilene,it percent or fens a weight of )1 � ,�
defend ill a defendant's Wogs,If shell be presumed that the — )Q • _
defendant there w sat the me in Kees of 0.05 's,it /)l`..5� _�1.-. - f!�._.� /� ��...�.. -! .-
(0.If mere was M hie time lc excess ei e.05 nt's entMood,
Out lens
mono.oe percent bvwdgntdaltdnamaalsfksanrsDlooa,such Legal Advertising Clerk
sire rot give rise to any pre of ill o s that teecft taanl was he
s e under Ina Ier come te alevid,evidence
Such fact may he
cum for inn with other defendant eNderKg in determining the
gWtt c)innocence of the attandaM.
lc)if there was at that time 0.08 percenior',tomb),weight of
ken M Ihewas
under
Me ii blood,It shall alcohol.
De presumed that the
alcohol
1 was aurae the user
of dru d acohol
Set.It i ma Habitual User d e that
a.In any acllon or Wt-awing
in winch M is of alcohol,
to Move then a Gerson was driving t star day o f
the authorized
d Section
15ishall bs doped 5StestRwtests Ifthssr'e. me this _----l�f�l__.. _
chemical
t in Sedon n shall be admitted as alleged
if the
Thelical test was token within one d to b Me th a bi Melded.
M level d the alcohol determined to x In the daM
9icai,olaievei,114 bepa°`a'ri At tedha'n°na«il�"a)"'ar tIre i ._ A.D. 19 77 .
cheinkel test was net taken within one hour after the alleged
(dent,the evidence e amount ofM alcohol in e person's
blood m flow of then by me chemical teat Is admissible It expert
testimony ea1511.0 prim facie of value and the results of pert /�� i/�
test may be given Mlma facie effect a esl Me results
OY of mid \u/L// y/////
testimony.
- Sec.107.Permitting use of habitual user.It stroll be unlawful
KKthe owrmr d any motor vehicle,M env person having such in
hsme,to Permit same to be driven or operated on my street by
any person who is an habitual user of any drugs,or by any person !Votary Public
who is under me Idlueoce ai akohol°r amp drugs
Sec.108.Intoxicated person in or about vehicle.It span be
unlawful for any Persian under the Influence of alcohol or env
drugs to be M M about env vehicle with the Intention d driving or
operating such vehicle.
Sec.109.Drinking In vehicle.It shag be unlawful tor any
persons to drink am akoholk beverage while In the motor vehicle
on the streets or alleys of this dry.
SECTION 2.That Articled 97 of Title K d the Revised
Ordinances d Salt Lake City,Utah,1965,relating to traffic rules
and reauietb th ns,b9,and e same beret%Is REPEALED.
San Laalkcee i't In
nne opinion cecesssaa othee t the hat
of bywel eo
the ibabhants d Salt Lake City mat MR Ordinance become
effective immediately.
SECTION 0.This Ordinance shall take effect upon Its first
Publication.
utan msed Ms itday of September,°lfCommissioners of Salt Lake City,
977.
TED L.WILSON
M,VM
MILDRED V.HIGHAM
City Recorder
(SEAL)
BILL DiSepte1919
Published Septemtter ld, --